UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA"

Transcription

1 Case :0-cv-00-BAS-JLB Document Filed 0/0/ Page of 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA WAVE LOCH, INC., a California corporation, LIGHT WAVE, INC., a Utah limited partnership, v. Plaintiffs, AMERICAN WAVE MACHINES, INC., a California Corporation, Defendant. AMERICAN WAVE MACHINES, INC., v. Counter-Claimant, WAVE LOCH, INC., Counter-Defendant. Case No. 0-cv- BAS (NLS) ORDER: () DENYING PLAINTIFFS MOTION FOR LEAVE TO AMEND (ECF 0) () GRANTING DEFENDANT S MOTION FOR A JUDGMENT ON THE PLEADINGS (ECF ) Before the Court is Plaintiffs Wave Loch Inc. and Light Wave, Inc. s Motion for Leave to Amend the Complaint and For Leave to Amend the Preliminary Infringement Contentions (ECF 0) and Defendant American Wave Machines, Inc. s Motion for Judgment on the Pleadings (ECF ). For the following reasons, the Court DENIES Plaintiffs motion and GRANTS Defendant s motion. 0-cv- BAS (NLS)

2 Case :0-cv-00-BAS-JLB Document Filed 0/0/ Page of 0 PROCEDURAL AND FACTUAL BACKGROUND Plaintiffs filed a patent infringement suit against Defendant on May, 0. ECF. They alleged Defendant s stationary wave machines infringed on their patents, numbers,,0 ( 0 Patent),,,0 ( 0), and,, ( ). Defendant filed an answer and counterclaim on July 0, 0. ECF. In Plaintiffs infringement contentions, they asserted Claims,, 0,, and of the 0 Patent; Claims and of the 0 Patent; and Claims,, and 0 of the Patent. Before a claim construction hearing was held, Defendant filed a motion to stay the action until the U.S. Patent and Trademark Office ( USPTO ) completed reexamination of the patents in question. ECF. The court granted a stay on February, 0, over Plaintiffs objection. ECF. During the pendency of the stay, the USPTO cancelled all of Plaintiffs patent claims asserted against Defendant. Accordingly, Defendant moved ex parte to lift the stay so that it could file for a judgment on the pleadings. ECF. Defendant s application went unopposed. On April,, the court lifted the stay. ECF 0. The matter was then transferred to this Court on May,, and Defendant promptly moved for judgment on the pleadings. ECFs,. Soon thereafter, Plaintiffs applied ex parte to substitute counsel and to continue the hearing on Defendant s motion. ECFs,. The Court granted the application, extending the hearing date to August, and taking the matter under submission. ECF. Plaintiffs then filed a motion to amend or correct their complaint on July,. ECF 0. Both motions were taken under submission and set for hearing on August,. In their motion, Plaintiffs seek leave to amend the infringement contentions to assert Claim of the 0 Patent; Claims,, 0,,, and of the 0 Patent; and Claims,,,, and of the 0 Patent against different allegedly infringing products produced by Defendant. In 0-cv- BAS (NLS)

3 Case :0-cv-00-BAS-JLB Document Filed 0/0/ Page of 0 Plaintiff s Opposition to Defendant s second Motion to Stay (ECF ), Plaintiff anticipated asserting new claims from the patents at issue against AWM that are not under examination by the PTO. ECF, ii:. DISCUSSION. Plaintiffs Motion for Leave to Amend Both Federal Rule of Civil Procedure and the Patent Local Rules govern amendment in a patent case. See Trans Video Electronics, Ltd. v. Sony Electronics, Inc., F.R.D. 0, 0 (N.D. Cal. ) aff'd, F. App'x (Fed. Cir. ) ( Sony ). Patent Local Rule. permits serving amending infringement contentions as a matter of right only until the parties file their Joint Claim Construction Chart. Thereafter, amendment requires a timely motion showing good cause. Patent L.R...a.. Our sister districts and the Federal Circuit have defined good cause to require a showing of diligence. Sony, F.R.D. at 0. This is in contrast to Rule, wherein undue delay, by itself, is insufficient to justify denying a motion to amend. Id., quoting Bowles v. Reade, F.d, (th Cir. ). Without diligence, the court need not address the Rule requirement that amendment be granted unless there is either () prejudice to the opposing party, () bad faith by the moving party, or () futility of the amendment. Id. Even under Rule s more liberal amendment standard, [w]hether the movant seeks to assert mere variations of the original claims including claims which the original complaint may have forecasted or claims arising from the same set of operative facts or entirely new claims is of particular importance. Mahar v. U.S. Xpress Enterprises, Inc., F. Supp. d, 0 (N.D.N.Y. 0) Leave to amend may be denied where the movant appears to be raising a new claim in anticipation of an adverse ruling. Id. In Ansam Associates, Inc. v. Cola Petroleum, Ltd., 0 F.d,, the district court denied amendment because new claims 0-cv- BAS (NLS)

4 Case :0-cv-00-BAS-JLB Document Filed 0/0/ Page of 0 concerned a different period of time and were derived from a different statute. On appeal, the Second Circuit agreed with the district court s determination that the new claims allege an entirely new set of operative facts of which it cannot be said that the original complaint provided fair notice. Id. The movant s excuse that it was only after new counsel was substituted that it discovered the basis for the new claims was insufficient. Id. In Sony, the court found the movant did not act diligently when it delayed four months before moving for leave to amend. Sony, F.R.D. at 0. The movant sought to assert a new patent claim (claim ) under the previously asserted patent after the previous claim was invalidated on summary judgment (claim ). Id. The movant did little to explain how it acted with diligence. Id. Instead, the rightsholder criticized the alleged infringer for seeking and getting [a] stay so the USPTO could reconsider the patent at issue. Id. at 0. The court ultimately concluded that the movant failed to act with the requisite diligence and that its belated motion to amend was made in bad faith, only as a last-ditch attempt to avoid the summary judgment. Id. at 0. On the record present in this matter, the Court finds Plaintiffs appear to seek amendment in anticipation of an adverse ruling against them on Defendant s Motion for Judgment on the Pleadings. Their Opposition to the Motion for Judgment on the Pleadings does not challenge the merits of the dismissal, but only the scope of the justiciable issues under the operative Complaint. See ECF, :. It therefore appears from the record that Plaintiffs recognize the merits of Defendant s motion and are seeking to avoid an adverse ruling. As Plaintiffs admit, the proposed amendments relate to same or extraordinarily similar technology, require interpretation and analysis of the same patents already at issue, and involve substantial overlapping questions of fact and law. ECF 0, :. This begs the question: why, if the technology is the same or extraordinarily similar, did Plaintiffs not assert these fifty-one 0-cv- BAS (NLS)

5 Case :0-cv-00-BAS-JLB Document Filed 0/0/ Page of 0 patent claims against the allegedly infringing products in the original Complaint? It appears to the Court that Plaintiffs are attempting, at best, to take a second bite of the apple in the USPTO by asserting previously unasserted and therefore unchallenged provisions of their patents. At worst, Plaintiffs are attempting to prolong frivolous litigation to harass Defendant. In either scenario, the amendments appear to be undertaken in bad faith. The Court additionally finds that Plaintiffs have not met their burden to show diligence in pursuing these amendments. In their Motion, they rely exclusively on the stay of the case as an excuse for their failure to amend. However, the stay was lifted on April,, and they did not file their motion for leave to amend until July,. Although this delay would not independently require denial of their motion, Plaintiffs do have a burden to show diligence. Without such a showing, the Court cannot grant leave to amend. Further, although the stay itself did prevent Plaintiffs from filing a motion for leave to amend, it did not prevent them from filing an ex parte application to lift the stay so that they could move to amend the complaint. In fact, this procedure was used to great effect by Defendant to bring its motion for judgment on the pleadings. During this case s pendency, Plaintiffs have repeatedly but vaguely informed the court of their intention to amend the complaint, presumably based on information known at that time. It is therefore clear that some, if not all, of the infringement alleged in the proposed amended complaint was known to Plaintiffs prior to July,. Substitution of counsel alone is no excuse for failure to diligently seek amendment. See Ansam, 0 F.d at. In sum, the Court finds that Plaintiffs did not meet their burden to show diligence and that it appears they filed their late motion to amend to avoid an adverse ruling on Defendant s motion for judgment on the pleadings. Accordingly, 0-cv- BAS (NLS)

6 Case :0-cv-00-BAS-JLB Document Filed 0/0/ Page of 0 leave to amend the Complaint is DENIED.. Defendant s Motion for Judgment on the Pleadings The Court takes judicial notice of the U.S. Patent and Trademark Office cancellation of each patent claim asserted in the infringement contentions. Additionally, the Court takes judicial notice of the final ex parte reexaminations in the related patents, which are final and not appealable. Accordingly, taking into account the judicially-noticed USPTO determinations, the Court GRANTS Defendant s motion for a judgment on the pleadings and DISMISSES this case WITH PREJUDICE. IT IS SO ORDERED. DATED: September 0, The ability of Plaintiffs to reassert these patents against Defendant in future litigation may be significantly hampered by the doctrine of res judicata, but it is for subsequent courts to decide when presented with the issue. In similar circumstances, the Federal Circuit applied the doctrine to bar future claims predicated on previously asserted patents that had undergone reexamination in the USPTO. See generally Aspex Eyewear, Inc. v. Marchon Eyewear, Inc., F.d (Fed. Cir. ). However, this issue is not before this Court. 0-cv- BAS (NLS)

Case 1:11-cv LTS-HBP Document 222 Filed 08/12/13 Page 1 of 8. No. 11 Civ (LTS)(HBP) No. 13 Civ (LTS)(HBP)

Case 1:11-cv LTS-HBP Document 222 Filed 08/12/13 Page 1 of 8. No. 11 Civ (LTS)(HBP) No. 13 Civ (LTS)(HBP) Case 1:11-cv-04948-LTS-HBP Document 222 Filed 08/12/13 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------x RICHARD A. WILLIAMSON,

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION E-WATCH, INC., Plaintiff, v. CIVIL ACTION H-12-3314 LOREX CANADA, INC., Defendant. MEMORANDUM OPINION & ORDER Pending before the

More information

Case 4:09-cv JLH Document 60 Filed 05/27/10 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

Case 4:09-cv JLH Document 60 Filed 05/27/10 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION Case 4:09-cv-00033-JLH Document 60 Filed 05/27/10 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION UNITED STATES OF AMERICA PLAINTIFF v. Case No. 4:09CV00033

More information

Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172

Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES MEYER, v. Plaintiff, DEBT RECOVERY SOLUTIONS

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH ORBIT IRRIGATION PRODUCTS, INC., a Utah Corporation, v. Plaintiff, SUNHILLS INTERNATIONAL, LLC, a California limited liability company; and

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Defendants.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Defendants. Case :-cv-00-btm-rbb Document Filed 0// Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 0 NUVASIVE, INC., a Delaware corporation, Plaintiff, vs. MADSEN MEDICAL, INC., et al., MADSEN

More information

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * ) ) ) ) ) ) ) ) ) ) ) Case :-cv-000-pmp-pal Document Filed 0// Page of 0 DAVID LAWRENCE WILSON, v. WALMART, et al., Plaintiff, Defendants. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * :-cv-000-pmp-pal ORDER Presently

More information

CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG)

CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG) CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG) State of Minnesota ) ) v. ) ORDER ) Robert B. Beale, Rebecca S.

More information

United States District Court Central District of California Western Division

United States District Court Central District of California Western Division Case :-cv-0-tjh-jc Document Filed 0// Page of Page ID #:0 0 NEWEGG INC., v. United States District Court Central District of California Western Division Plaintiff, EZRA SUTTON, P.A., et al., Defendants.

More information

Case 2:15-ap-01122-RK Doc 61 Filed 05/09/16 Entered 05/09/16 13:51:33 Desc Main Document Page 1 of 6 NOT FOR PUBLICATION

Case 2:15-ap-01122-RK Doc 61 Filed 05/09/16 Entered 05/09/16 13:51:33 Desc Main Document Page 1 of 6 NOT FOR PUBLICATION Case :-ap-0-rk Doc Filed 0/0/ Entered 0/0/ :: Desc Main Document Page of 0 In re: L. Scott Apparel, Inc., NOT FOR PUBLICATION UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA Debtor. Howard

More information

Case 6:10-cv-01071-DNH-ATB Document 76-1 Filed 08/22/11 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

Case 6:10-cv-01071-DNH-ATB Document 76-1 Filed 08/22/11 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK Case 6:10-cv-01071-DNH-ATB Document 76-1 Filed 08/22/11 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ONEIDA NATION OF NEW YORK, Plaintiff, v. Civil Action No. 6:10-CV-1071

More information

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) MASSACHUSETTS INSTITUTE OF ) TECHNOLOGY, ) ) Plaintiff, ) ) Civil Action No. v. ) 15-10374-FDS ) MICRON TECHNOLOGY, INC.; ) APPLE, INC.; ELPIDA

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ORLANDO COMMUNICATIONS LLC, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION Plaintiff, v. Case No: 6:14-cv-1022-Orl-22KRS SPRINT SPECTRUM, L.P. and SPRINT CORPORATION, Defendants.

More information

Case 3:13-cv HU Document 71 Filed 09/06/13 Page 1 of 6 Page ID#: 469

Case 3:13-cv HU Document 71 Filed 09/06/13 Page 1 of 6 Page ID#: 469 Case 3:13-cv-00497-HU Document 71 Filed 09/06/13 Page 1 of 6 Page ID#: 469 Todd Bofferding, OSB #883720 Bofferding Law Office, P.C. Attorney at Law P.O. Box 539 1215 B St. Hood River, Oregon 97031 541.386.7924

More information

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SANDRA H. DEYA and EDWIN DEYA, individually and as next friends and natural

More information

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER ) NOE RODRIGUEZ, ) Complainant, ) 8 U.S.C. 1324b Proceeding ) v. ) OCAHO Case

More information

Case 1:12-cv GK Document 43 Filed 06/24/13 Page 1 of 11

Case 1:12-cv GK Document 43 Filed 06/24/13 Page 1 of 11 Case 1:12-cv-01488-GK Document 43 Filed 06/24/13 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN PROFESSIONAL -- ---------- ------AGENCY-,-INC-.-,--- Plaintiff, v. Civil

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO. v. No. 09-CV-956 JEC/DJS MEMORANDUM OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO. v. No. 09-CV-956 JEC/DJS MEMORANDUM OPINION AND ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. No. 09-CV-956 JEC/DJS TRICORE REFERENCE LABORATORIES, Defendant. MEMORANDUM OPINION

More information

jurisdiction is DENIED and plaintiff s motion for leave to amend is DENIED. BACKGROUND

jurisdiction is DENIED and plaintiff s motion for leave to amend is DENIED. BACKGROUND IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 1 1 1 1 TRICIA LECKLER, on behalf of herself and all others similarly situated v. Plaintiffs, CASHCALL, INC., Defendant. /

More information

Case 1:13-cv-00037-KBJ Document 23 Filed 07/30/13 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:13-cv-00037-KBJ Document 23 Filed 07/30/13 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Case 1:13-cv-00037-KBJ Document 23 Filed 07/30/13 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA XP VEHICLES, INC. et al., Plaintiff, Case No. 1:13-cv-00037 (KBJ v. THE UNITED

More information

Case 2:07-cv-10533-LPZ-MKM Document 28 Filed 06/18/2007 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 2:07-cv-10533-LPZ-MKM Document 28 Filed 06/18/2007 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Case 2:07-cv-10533-LPZ-MKM Document 28 Filed 06/18/2007 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GEOFFREY N. FIEGER, NANCY FISHER and FIEGER, FIEGER, KENNEY

More information

Case 1:14-cv-05919-JEI-KMW Document 43 Filed 05/20/15 Page 1 of 2 PageID: 254

Case 1:14-cv-05919-JEI-KMW Document 43 Filed 05/20/15 Page 1 of 2 PageID: 254 Case 1:14-cv-05919-JEI-KMW Document 43 Filed 05/20/15 Page 1 of 2 PageID: 254 LAWRENCE C. HERSH Attorney at Law 17 Sylvan Street, Suite 102B Rutherford, New Jersey 07070 (201) 507-6300 AUSTIN HANSLEY Austin

More information

Case 1:03-cv-01711-HHK Document 138-1 Filed 10/15/10 Page 1 of 9 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:03-cv-01711-HHK Document 138-1 Filed 10/15/10 Page 1 of 9 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case 1:03-cv-01711-HHK Document 138-1 Filed 10/15/10 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARILYN VANN, RONALD MOON, DONALD MOON, CHARLENE WHITE, RALPH THREAT, FAITH RUSSELL,

More information

Case 1:11-cv LGS Document 366 Filed 12/08/15 Page 1 of 10. : Plaintiff, : : :

Case 1:11-cv LGS Document 366 Filed 12/08/15 Page 1 of 10. : Plaintiff, : : : Case 111-cv-02725-LGS Document 366 Filed 12/08/15 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------X US AIRWAYS, INC.,

More information

CIVIL MOTION PANEL STATEMENT OF CONSENSUS. Current As of November 2, 2004 (Authorities Updated 02/2007)

CIVIL MOTION PANEL STATEMENT OF CONSENSUS. Current As of November 2, 2004 (Authorities Updated 02/2007) CIVIL MOTION PANEL STATEMENT OF CONSENSUS Current As of November 2, 2004 (Authorities Updated 02/2007) The Civil Motions Panel of the Circuit Court is a voluntary group of judges who agree to take on the

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MEMORANDUM ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MEMORANDUM ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ' PENINSULA ADVISORS, LLC and AlP RESORT DEVELOPMENT, LLC, Plaintiffs, v. C. A. No. 0-489-LPS FAIRSTAR RESOURCES LTD., Defendant. i J MEMORANDUM

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA Case 5:15-cv-00324-C Document 34 Filed 07/10/15 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA and DR. RACHEL TUDOR, Plaintiffs, v. Case No.

More information

How to Move to Set Aside Entry of Default

How to Move to Set Aside Entry of Default Revised: August 0 Federal Pro Se Clinic CENTRAL DISTRICT OF CALIFORNIA How to Move to Set Aside Entry of Default If you fail to file a response to a lawsuit in time, the plaintiff can ask the Court to

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) Case 1:11-cv-00581-LEK-BMK Document 113 Filed 03/27/13 Page 1 of 7 PageID #: 2279 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ESTATE OF ROEL TUNGPALAN, ET AL., vs. Plaintiffs, CROWN

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Franke v. Bridgepoint Education, Inc. et al Doc. 1 1 1 1 1 0 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA In re BRIDGEPOINT EDUCATION, INC., SECURITIES LITIGATION Civil No. 1cv JM (JLB)

More information

Case 2:08-cv DSC Document 67 Filed 03/17/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Case 2:08-cv DSC Document 67 Filed 03/17/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA Case 2:08-cv-01593-DSC Document 67 Filed 03/17/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA US AIRWAYS, INC. in its capacity as Fiduciary and Plan Administrators

More information

Case5:11-cv-01846-LHK Document52 Filed05/18/11 Page1 of 6

Case5:11-cv-01846-LHK Document52 Filed05/18/11 Page1 of 6 Case:-cv-0-LHK Document Filed0// Page of 0 0 APPLE INC., a California corporation, v. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Plaintiff, SAMSUNG ELECTRONICS CO., LTD., A Korean business

More information

Case 1:13-cv-00166-SOM-RLP Document 56 Filed 09/30/13 Page 1 of 7 PageID #: 468 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

Case 1:13-cv-00166-SOM-RLP Document 56 Filed 09/30/13 Page 1 of 7 PageID #: 468 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII Case 1:13-cv-00166-SOM-RLP Document 56 Filed 09/30/13 Page 1 of 7 PageID #: 468 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII GALINA OGEONE, vs. Plaintiff, UNITED STATES OF AMERICA, Defendant.

More information

Case 2:10-cv-00802-CW Document 90 Filed 02/02/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION

Case 2:10-cv-00802-CW Document 90 Filed 02/02/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION Case 2:10-cv-00802-CW Document 90 Filed 02/02/15 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION MURIELLE MOLIERE, Plaintiff, v. OPTION ONE MORTGAGE, et al., Defendants.

More information

NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06. No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) )

NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06. No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) ) NOT RECOMMENDED FOR PUBLICATION File Name: 14a0721n.06 No. 13-2126 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PATRICK RUGIERO, v. Plaintiff-Appellee, NATIONSTAR MORTGAGE, LLC; FANNIE MAE; MORTGAGE

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION ORDER Case 4:02-cv-00066-HL Document 136 Filed 02/10/09 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION UNITED STATES OF AMERICA : ex rel. GLENN F. NICHOLS

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION F4W, INC., Plaintiff, v. Case No: 6:12-cv-1539-Orl-28KRS TRACSTAR SYSTEMS, INC. and COBHAM, PLC., Defendants. REPORT AND RECOMMENDATION

More information

Case 2:11-cv-01433-ECR -GWF Document 88 Filed 09/25/12 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case 2:11-cv-01433-ECR -GWF Document 88 Filed 09/25/12 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Case :-cv-0-ecr -GWF Document Filed 0// Page of 0 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 0 EMAIL LINK CORP., ) :-cv-0-ecr-gwf ) Plaintiff, ) Order ) vs. ) ) TREASURE ISLAND, LLC; WYNN ) RESORTS,

More information

Case 1:12-cv-08333-ALC-SN Document 978 Filed 05/07/15 Page 1 of 6. Plaintiffs, Defendant.

Case 1:12-cv-08333-ALC-SN Document 978 Filed 05/07/15 Page 1 of 6. Plaintiffs, Defendant. Case 1:12-cv-08333-ALC-SN Document 978 Filed 05/07/15 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------X 5/7/2015

More information

United States District Court

United States District Court Case:-cv-0-EMC Document Filed0// Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA AF HOLDINGS LLC, No. C-- EMC 0 v. JOE NAVASCA, Plaintiff, Defendant. / ORDER GRANTING PLAINTIFF S MOTION

More information

Case 2:08-cv-02646-JWL Document 108 Filed 08/22/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT DISTRICT OF KANSAS

Case 2:08-cv-02646-JWL Document 108 Filed 08/22/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT DISTRICT OF KANSAS Case 2:08-cv-02646-JWL Document 108 Filed 08/22/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT DISTRICT OF KANSAS Alice L. Higgins, Plaintiff, v. Case No. 08-2646-JWL John E. Potter, Postmaster General,

More information

IN THE SUPERIOR COURT OF CHEROKEE COUNTY STATE OF GEORGIA. state a claim on which relief may be granted as the statute of limitations

IN THE SUPERIOR COURT OF CHEROKEE COUNTY STATE OF GEORGIA. state a claim on which relief may be granted as the statute of limitations IN THE SUPERIOR COURT OF CHEROKEE COUNTY STATE OF GEORGIA KERRY CRAIG WALKER, Plaintiff(s), v. CHEROKEE COUNTY, GEORGIA SHERIFF ROGER GARRISON, PRESTON PEAVY, CHEROKEE COUNTY SHERIFF'S DEPARTMENT, ET.AL,

More information

Case 2:08-cv-04597-LDD Document 17 Filed 02/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:08-cv-04597-LDD Document 17 Filed 02/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Case 2:08-cv-04597-LDD Document 17 Filed 02/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SUZANNE BUTLER, Individually and as : Administratrix of the Estate

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS GENERAL ORDER NO. 13-20 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS GENERAL ORDER ADOPTING MODEL ORDER FOCUSING PATENT CLAIMS AND PRIOR ART TO REDUCE COSTS The attached Model

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Coniglio et al v. Bank of America, N.A. Doc. 31 NELSON CONIGLIO and JOYCE CONIGLIO, husband and wife Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v.

More information

Case 5:05-cv-00202-FPS-JES Document 353 Filed 02/19/2009 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

Case 5:05-cv-00202-FPS-JES Document 353 Filed 02/19/2009 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA Case 5:05-cv-00202-FPS-JES Document 353 Filed 02/19/2009 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA CSX TRANSPORTATION, INC., Plaintiff, v. Civil Action

More information

Case3:12-cv-05186-NC Document25 Filed08/13/13 Page1 of 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case3:12-cv-05186-NC Document25 Filed08/13/13 Page1 of 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case:-cv-0-NC Document Filed0// Page of 0 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION GLOBAL DISCOVERIES, LTD., a Nevada Limited Liability Company, v. Plaintiff,

More information

ILLINOIS OFFICIAL REPORTS

ILLINOIS OFFICIAL REPORTS ILLINOIS OFFICIAL REPORTS Appellate Court Hart v. Kieu Le, 2013 IL App (2d) 121380 Appellate Court Caption LYNETTE Y. HART, Plaintiff-Appellant, v. LOAN KIEU LE, Defendant-Appellee. District & No. Second

More information

to Consolidate, ECF No. 13,1 filedon August 21, 2014. Therein, Sprinkle argued that this Court

to Consolidate, ECF No. 13,1 filedon August 21, 2014. Therein, Sprinkle argued that this Court Case 2:14-cv-00251-LRL Document 21 Filed 09/23/14 Page 1 of 7 PageID# 98 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division UNITED STATES OF AMERICA, for the use ofsprinkle

More information

Case 2:10-cv-00741-GMN-LRL Document 10 Filed 08/17/10 Page 1 of 6

Case 2:10-cv-00741-GMN-LRL Document 10 Filed 08/17/10 Page 1 of 6 Case :0-cv-00-GMN-LRL Document 0 Filed 0//0 Page of 0 Michael J. McCue (NV Bar No. 0 Nikkya G. Williams (NV Bar No. Telephone: (0-0 Facsimile: (0 - Attorneys for Defendants Jan Klerks and Stichting Wolkenkrabbers

More information

Case: 1:06-cv-04360 Document #: 27 Filed: 04/10/07 Page 1 of 5 PageID #:<pageid>

Case: 1:06-cv-04360 Document #: 27 Filed: 04/10/07 Page 1 of 5 PageID #:<pageid> Case: 1:06-cv-04360 Document #: 27 Filed: 04/10/07 Page 1 of 5 PageID #: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ORLANDO QUILLES, LAWRENCE R. LYNCH and BROKERS

More information

Case: 1:10-cv-01370-BYP Doc #: 48 Filed: 11/12/10 1 of 10. PageID #: <pageid> UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 1:10-cv-01370-BYP Doc #: 48 Filed: 11/12/10 1 of 10. PageID #: <pageid> UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case: 1:10-cv-01370-BYP Doc #: 48 Filed: 11/12/10 1 of 10. PageID #: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Progressive Casualty Insurance Co., ) CASE NO. 1:10

More information

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9 WESTERN WORLD INSURANCE COMPANY, INC., Plaintiff, v. JAMES CZECH and WILLIAMS BUILDING COMPANY, INC., Defendants. United States District Court

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-10468 Document: 00512523153 Page: 1 Date Filed: 02/05/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED February 5, 2014 In the

More information

Defensive Strategies in False Marking Suits After Stauffer and Pequignot

Defensive Strategies in False Marking Suits After Stauffer and Pequignot Defensive Strategies in False Marking Suits After Stauffer and Pequignot Contributed by Angie M. Hankins, Stroock & Stroock & Lavan LLP Many companies inadvertently mark their products with expired patents.

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Goodridge v. Hewlett Packard Company Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARLES GOODRIDGE, Plaintiff, v. CIVIL ACTION H-07-4162 HEWLETT-PACKARD

More information

GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS

GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS DISTRICT OF COLUMBIA OFFICIAL CODE DIVISION I. GOVERNMENT OF DISTRICT. TITLE 2. GOVERNMENT ADMINISTRATION. CHAPTER 3B. OTHER PROCUREMENT MATTERS. SUBCHAPTER

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MEMORANDUM

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MEMORANDUM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Arbor Care Tree Experts, Inc., Plaintiff, v. Arbor Care Tree Experts & Outdoor Services, et al., Defendants. Civil Action No.: ELH 10 1008

More information

Case 2:07-cv-02175-JPM-dkv Document 85 Filed 01/08/2008 Page 1 of 8

Case 2:07-cv-02175-JPM-dkv Document 85 Filed 01/08/2008 Page 1 of 8 Case 2:07-cv-02175-JPM-dkv Document 85 Filed 01/08/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION SPINE SOLUTIONS, INC., a Delaware Corporation,

More information

Case: 4:13-cv-02652-SL Doc #: 32 Filed: 09/02/14 1 of 10. PageID #: <pageid> UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 4:13-cv-02652-SL Doc #: 32 Filed: 09/02/14 1 of 10. PageID #: <pageid> UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case: 4:13-cv-02652-SL Doc #: 32 Filed: 09/02/14 1 of 10. PageID #: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JERRY P. TAMARKIN, et al., ) CASE NO. 4:13cv2652 ) )

More information

Responding to a Complaint: Kansas

Responding to a Complaint: Kansas View the online version at http://us.practicallaw.com/6-556-5665 Responding to a Complaint: Kansas AMY E. MORGAN, POLSINELLI PC, WITH PRACTICAL LAW LITIGATION A Q&A guide to responding to a complaint in

More information

SLIP OP. 06-58 UNITED STATES COURT OF INTERNATIONAL TRADE

SLIP OP. 06-58 UNITED STATES COURT OF INTERNATIONAL TRADE SLIP OP. 06-58 UNITED STATES COURT OF INTERNATIONAL TRADE WEST TRAVEL, INC., Plaintiff, Before Jane A. Restani, Chief Judge v. Court No. 98-09-02785 UNITED STATES, Defendant. OPINION [Defendant s motion

More information

STATE OF ILLINOIS HUMAN RIGHTS COMMISSION

STATE OF ILLINOIS HUMAN RIGHTS COMMISSION This Recommended Order and Decision became the Order and Decision of the Illinois Human Rights Commission on 4/30/02. STATE OF ILLINOIS HUMAN RIGHTS COMMISSION IN THE MATTER OF: ) ) I. M. HOFMANN, ) )

More information

Case 2:11-cv-03070-WHW -MCA Document 17 Filed 09/26/11 Page 1 of 6 PageID: 199 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Case 2:11-cv-03070-WHW -MCA Document 17 Filed 09/26/11 Page 1 of 6 PageID: 199 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Case 211-cv-03070-WHW -MCA Document 17 Filed 09/26/11 Page 1 of 6 PageID 199 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY KERRY FEDER, on behalf of herself and the putative class, Plaintiffs, WILLIAMS-SONOMA

More information

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION. EARL A. POWELL, In the name of THE UNITED STATES OF AMERICA,

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION. EARL A. POWELL, In the name of THE UNITED STATES OF AMERICA, Case 4:05-cv-00008-JAJ-RAW Document 80 Filed 11/21/2007 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION EARL A. POWELL, In the name of THE UNITED STATES OF AMERICA,

More information

Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7

Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7 Case 3:05-cv-07309-JGC Document 170 Filed 10/26/2005 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ) LEAGUE OF WOMEN VOTERS ) OF OHIO, et al., ) Plaintiffs,

More information

Trials@uspto.gov Paper No. 9 571-272-7822 Date Entered: August 26, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE

Trials@uspto.gov Paper No. 9 571-272-7822 Date Entered: August 26, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE Trials@uspto.gov Paper No. 9 571-272-7822 Date Entered: August 26, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD UNIVERSAL REMOTE CONTROL, INC. Petitioner v. UNIVERSAL

More information

MAGISTRATE JUDGE HILDY BOWBEER Practice Pointers and Preferences

MAGISTRATE JUDGE HILDY BOWBEER Practice Pointers and Preferences MAGISTRATE JUDGE HILDY BOWBEER Practice Pointers and Preferences Rev. January 2015 CONTACT WITH CHAMBERS Chambers phone: (651) 848-1900 Chambers email: bowbeer_chambers@mnd.uscourts.gov Courtroom Deputy/Judicial

More information

Case 2:11-cv-02555-RDR-KGS Document 90 Filed 04/16/12 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS.

Case 2:11-cv-02555-RDR-KGS Document 90 Filed 04/16/12 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS. Case 2:11-cv-02555-RDR-KGS Document 90 Filed 04/16/12 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS PAULA M. MARS Executor of the estate of Mindy Knopf, Plaintiff, v. Case

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA PLAINTIFF S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA PLAINTIFF S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION MICHAEL GLENN WHITE, et. al. Plaintiffs v. VIRGINIA BOARD OF EDUCATION; et. al., Defendants. Case No. 3:00CV386

More information

ORIGINAL. Beatrice Herrera None Present CLERK. U.S.DISTRICT COURT

ORIGINAL. Beatrice Herrera None Present CLERK. U.S.DISTRICT COURT ' 3 ORIGINAL D " S C O N S n r ~ ~ ~ ~ ~ ~ ~ ~ ~ F m T R Y BY FRc~RULE._._. --.- --- AS R E Q U I ~ ~ ~ priority 7/...-.. F::! n STATES DISTRICT COURT AL I,.!CENTRALDISTRICT OF CALIFORNIA ' clased JS-5IJS-6

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MEMORANDUM. Ludwig. J. July 9, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KATHLEEN M. KELLY : CIVIL ACTION : v. : : No. 09-1641 NATIONAL LIABILITY & FIRE : INSURANCE COMPANY : MEMORANDUM Ludwig. J.

More information

Case 2:10-cv-00408-MJP Document 34 Filed 11/05/10 Page 1 of 6

Case 2:10-cv-00408-MJP Document 34 Filed 11/05/10 Page 1 of 6 Case :-cv-000-mjp Document Filed /0/ Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE MICROSOFT CORPORATION, a Washington Corporation, v. Plaintiff, ALF TEMME, individually

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No. 2:12-cv-45-FtM-29SPC OPINION AND ORDER

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No. 2:12-cv-45-FtM-29SPC OPINION AND ORDER UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SOUTH BAY PLANTATION CONDOMINIUM ASSOCIATION, INC., a not for profit corporation also known as SOUTH BAY PLANTATION ASSOCIATES,

More information

Case 4:14-cv-01527 Document 39 Filed in TXSD on 07/08/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORDER

Case 4:14-cv-01527 Document 39 Filed in TXSD on 07/08/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORDER Case 4:14-cv-01527 Document 39 Filed in TXSD on 07/08/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARTIS SPECIALTY INSURANCE CO., Plaintiff, v. CIVIL ACTION

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN GREEN BAY DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN GREEN BAY DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN GREEN BAY DIVISION YANGAROO INC., Plaintiff, Case No. 09-C-0462 -v- DESTINY MEDIA TECHNOLOGIES INC., DESTINY SOFTWARE PRODUCTIONS

More information

The Leahy-Smith America Invents Act (H.R. 1249) introduces Post-Grant Review

The Leahy-Smith America Invents Act (H.R. 1249) introduces Post-Grant Review PATENT ACT 2011: SIMILARITIES AND DIFFERENCES BETWEEN U.S. POST-GRANT REVIEW PROCEEDINGS AND EUROPEAN PATENT OFFICE OPPOSITIONS The Leahy-Smith America Invents Act (H.R. 1249) introduces Post-Grant Review

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND. v. * CIVIL NO. JKB-15-0443. Defendant * * * * * * * * * * * * * MEMORANDUM

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND. v. * CIVIL NO. JKB-15-0443. Defendant * * * * * * * * * * * * * MEMORANDUM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CREDIT PLUS, INC., * Plaintiff * * v. * CIVIL NO. JKB-15-0443 DELMARVA POWER & LIGHT CO., * Defendant * * * * * * * * * * * * * MEMORANDUM

More information

Responding to a Complaint: Ohio

Responding to a Complaint: Ohio View the online version at http://us.practicallaw.com/3-578-2986 Responding to a Complaint: Ohio SETH ALAN SCHWARTZ, DINSMORE & SHOHL, WITH PRACTICAL LAW LITIGATION A Q&A guide to responding to a complaint

More information

Case 3:11-cv-02791-D Document 11 Filed 02/08/12 Page 1 of 8 PageID 62

Case 3:11-cv-02791-D Document 11 Filed 02/08/12 Page 1 of 8 PageID 62 Case 3:11-cv-02791-D Document 11 Filed 02/08/12 Page 1 of 8 PageID 62 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOHNNY RAY JOHNSON, # 483120, Plaintiff, v.

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case :0-cv-0-WQH-JMA Document Filed 0//0 Page of 0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BOSLEY MEDICAL INSTITUTE, CASE NO. 0CV WQH (JMA) vs. MICHAEL STEVEN KREMER, Plaintiff, Defendant.

More information

Case 1:04-cv-01512-RBK-AMD Document 540 Filed 08/21/2007 Page 1 of 7

Case 1:04-cv-01512-RBK-AMD Document 540 Filed 08/21/2007 Page 1 of 7 Case 1:04-cv-01512-RBK-AMD Document 540 Filed 08/21/2007 Page 1 of 7 COMMODITY FUTURES TRADING COMMISSION, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE HONORABLE ROBERT

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Thompson v. Hartford Accident and Indemnity Company et al Doc. 1 1 1 WO William U. Thompson, v. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, Property & Casualty Insurance

More information

IN THE UNITED STATES DISTRICT COURT REPORT AND RECOMMENDATION. This is a patent suit. On March 28, 2013, StrikeForce Technologies, Inc.

IN THE UNITED STATES DISTRICT COURT REPORT AND RECOMMENDATION. This is a patent suit. On March 28, 2013, StrikeForce Technologies, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STRIKEFORCE TECHNOLOGIES, INC., Plaintiff, v. Civ. A. No. 13-490-RGA-MPT PHONEFACTOR, INC., and FIRST MIDWEST BANCORP, INC. Defendants.

More information

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit CISCO SYSTEMS, INC., Plaintiff-Appellant, v. ALBERTA TELECOMMUNICATIONS RESEARCH CENTER, (doing business

More information

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA M. REED HOPPER, Cal. Bar No. 1 E-mail: mrh@pacificlegal.org ANTHONY L. FRANÇOIS, Cal. Bar No. 0 E-mail: alf@pacificlegal.org Pacific Legal Foundation Sacramento, California Telephone: ( -1 Facsimile: (

More information

Case 0:12-cv-60597-JIC Document 108 Entered on FLSD Docket 04/23/13 12:33:23 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:12-cv-60597-JIC Document 108 Entered on FLSD Docket 04/23/13 12:33:23 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 0:12-cv-60597-JIC Document 108 Entered on FLSD Docket 04/23/13 12:33:23 Page 1 LISA KOWALSKI, a Florida resident, v. Plaintiff/Counterdefendant, JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michigan

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION HINDA APPLE, Case No. 1:13-cv-01169 Plaintiff, Judge Dan Aaron Polster vs. MEMORANDUM OF OPINION AND ORDER STRYKER CORP., et al.,

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION TEVA PHARMACEUTICALS USA, INC. ) ) Plaintiff, ) ) v. ) No. 04 C 2436 ) Judge Joan H. Lefkow ABBOTT LABORATORIES ) ) Defendant.

More information

2015 IL App (1st) 143589-U. No. 1-14-3589 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 143589-U. No. 1-14-3589 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 143589-U SIXTH DIVISION September 11, 2015 No. 1-14-3589 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

Case: 1:13-cv-00260 Document #: 55 Filed: 08/16/13 Page 1 of 10 PageID #:<pageid>

Case: 1:13-cv-00260 Document #: 55 Filed: 08/16/13 Page 1 of 10 PageID #:<pageid> Case: 1:13-cv-00260 Document #: 55 Filed: 08/16/13 Page 1 of 10 PageID #: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION DENTAL USA, INC. Plaintiff, v. No. 13 CV 260

More information

Case 4:13-cv-01104 Document 40 Filed in TXSD on 02/26/15 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 4:13-cv-01104 Document 40 Filed in TXSD on 02/26/15 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Case 4:13-cv-01104 Document 40 Filed in TXSD on 02/26/15 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SHARON JACKSON, et al. Plaintiffs, v. CIVIL ACTION H-13-1104

More information

Case 1:10-cv-01196-RCL Document 94 Filed 11/08/13 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:10-cv-01196-RCL Document 94 Filed 11/08/13 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Case 1:10-cv-01196-RCL Document 94 Filed 11/08/13 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA RANDALL ROYER, Plaintiff, v. Civil Action No. 10-cv-1196 No. 10-cv-1996 Judge Royce

More information

If you have questions or comments, please contact Jim Schenkel at , or

If you have questions or comments, please contact Jim Schenkel at , or 1 1 1 1 1 1 1 0 1 Please note: This sample document is redacted from an actual research and writing project we did for a customer some time ago. It reflects the law as of the date we completed it. Because

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Priority Send Enter Closed JS-5/JS-6 Scan Only TITLE: Credit Acceptance Corp. v. Westlake Services, LLC, et al. ======================================================================== PRESENT: THE HONORABLE

More information

All About Motions To Dismiss

All About Motions To Dismiss All About Motions To Dismiss Edna Sussman Motions to dismiss can be big winners or big losers. IT CAN BE one of the most satisfying experiences for a litigator. You pinpointed the fatal flaw in your opponent

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 5:13-cv-04137-JWL-JPO Document 16 Filed 02/04/14 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, for the use and benefit of LAWRENCE KEVIN WRIGHT,

More information

The trademark lawyer as brand manager

The trademark lawyer as brand manager The trademark lawyer as brand manager This text first appeared in the IAM magazine supplement Brands in the Boardroom 2005 May 2005 For further information please visit www.iam-magazine.com Feature The

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 13-3297. THOMAS I. GAGE, Appellant

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 13-3297. THOMAS I. GAGE, Appellant Case: 13-3297 Document: 003111509247 Page: 1 Date Filed: 01/16/2014 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 13-3297 THOMAS I. GAGE, Appellant v. WELLS FARGO BANK, N.A., AS; MR. LUKE ANDERSEN;

More information

Case 1:15-cv-02117-RDM Document 11 Filed 04/19/16 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) )

Case 1:15-cv-02117-RDM Document 11 Filed 04/19/16 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) Case 1:15-cv-02117-RDM Document 11 Filed 04/19/16 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JASON LEOPOLD, PLAINTIFF vs. DEPARTMENT OF JUSTICE, DEFENDANT Civil Action No. 1:15-cv-2117

More information