Enagic USA, Inc. et al v. Richard Cabados et al



 
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RFC Case Number: T-E09-101R
Court Case Number: 2:09-cv-00101-PA-SH
File Date: Tuesday, January 06, 2009
Plaintiff: Enagic USA, Inc.
Enagic Co. Ltd.
Plaintiff Counsel: Daniel M. Cislo, Peter S. Veregge of Cislo & Thomas LLP
Jeffrey A. Babener of Babener & Associates
Defendant: Richard Cabados
Earth Trade Water, Inc.
Does 1-10
Cause: 15:1051 Trademark Infringement
Court: California Central District Court
Judge: Judge Percy Anderson
Referred To: Magistrate Judge Stephen J. Hillman
Notes:

Docket Text

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Date # Docket Text
6/22/2009 38 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Order of Dismissal) (gk) (Entered: 06/22/2009)
6/20/2009 37 ORDER OF DISMISSAL by Judge Percy Anderson: Upon Stipulation 36 , the parties have entered into a confidential settlement agreement and through counsel have stipulated that this action be dismissed in its entirety, including the counterclaims, with prejudice, with each party bearing its own attorneys fees and costs, except as may be provided for in the Agreement. This Court hereby orders this action to be dismissed in its entirety, including the counterclaims, with prejudice, with each party bearing its own attorneys fees and costs, except as may be provided for in the Agreement. ( MD JS-6. Case Terminated ) (gk) (Entered: 06/22/2009)
6/19/2009 36 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(2) filed by plaintiff Enagic USA, Inc., Enagic Co. Ltd.. (Attachments: # 1 Proposed Order Proposed Order of Dismissal)(Veregge, Peter) (Entered: 06/19/2009)
6/4/2009 35 MINUTE ORDER (IN CHAMBERS) by U.S. District Judge Judge Percy Anderson. Before the Court is a Motion to Dismiss Certain Counterclaims and Strike Certain Defenses filedby plaintiffs and counter-defendants Enagic USA, Inc. and Enagic Co., Ltd. (collectively Enagic)(Docket No. 22). Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, theCourt finds that this matter is appropriate for decision without oral argument. The hearing calendaredfor June 8, 2009, is vacated, and the matter taken off calendar. The parties have notified the Court that this action is in the process of settling and haverequested that the Motion be taken off calendar. The Court will withhold issuing a decision on the Motion to allow the parties to finalize their ettlement and file a Stipulation of Dismissal. If the parties have not filed a Stipulation of Dismissal by June 22, 2009, the Court will issue its decision on the pending Motion. (pp) (Entered: 06/05/2009)
6/4/2009 34 NOTICE of Settlement filed by Plaintiff Enagic USA, Inc., Enagic Co. Ltd.. (Veregge, Peter) (Entered: 06/04/2009)
5/6/2009 33 ORDER CONTINUING HEARING DATE FOR PLAINTIFF'S MOTION TO DISMISS CERTAIN OF DEFENDANTS' COUNTERCLAIMS AND STRIKE CERTAIN DEFENSES by Judge Percy Anderson 32 . For good cause shown, the hearing date is continued to 6/8/2009 at 1:30 pm. No additional briefs shall be filed. (kpa) (Entered: 05/06/2009)
5/5/2009 32 Joint STIPULATION for Hearing re MOTION to Dismiss Counterclaims and Affirmative Defense Plaintiffs' Notice of Motion and Motion to Dismiss Certain of Defendant's Counterclaims and Strike Certain Defenses 22 , Joint STIPULATION to Continue Hearing from May 11, 2009 to June 8, 2009 Re: Stipulation to Continue 23 filed by plaintiff Enagic USA, Inc., Enagic Co. Ltd.. (Attachments: # 1 Proposed Order)(Veregge, Peter) (Entered: 05/05/2009)
5/4/2009 31 REPLY in support of a motion MOTION to Dismiss Counterclaims and Affirmative Defense Plaintiffs' Notice of Motion and Motion to Dismiss Certain of Defendant's Counterclaims and Strike Certain Defenses 22 filed by Plaintiffs Enagic USA, Inc., Enagic Co. Ltd.. (Veregge, Peter) (Entered: 05/04/2009)
4/27/2009 30 OPPOSITION to MOTION to Dismiss Counterclaims and Affirmative Defense Plaintiffs' Notice of Motion and Motion to Dismiss Certain of Defendant's Counterclaims and Strike Certain Defenses 22 filed by Defendants Earth Trade Water, Inc., Richard Cabados, Counter Claimants Earth Trade Water, Inc., Richard Cabados. (Banducci, Derek) (Entered: 04/27/2009)
4/13/2009 29 SCHEDULING ORDER by Judge Percy Anderson: 1. Establishing a Discovery Cut-off Date of September 28, 2009; 2. Setting Motion Cutoff date of October 5, 2009; 3. Setting Final Pretrial Conference for November 6, 2009, at 1:30 p.m.; and 4. Setting Jury Trial Date of December 8, 2009, at 9:00 a.m. Refer to document for details of the Order. (pso) (Entered: 04/15/2009)
4/13/2009 28 CIVIL TRIAL ORDER by Judge Percy Anderson, (bp) (Entered: 04/15/2009)
4/13/2009 27 PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. See document for details. (gk) (Entered: 04/13/2009)
4/13/2009 26 MINUTES OF IN CHAMBERS ORDER held before Judge Percy Anderson: The Court has received the parties joint 26(f) report and finds that a scheduling conference is not necessary.The scheduling conference currently on calendar for Monday, April 20, 2009 at 10:30 a.m. is hereby vacated, and the matter taken off calendar.The Court refers the parties to the Attorney Settlement Officer Panel for a Local Civil Rule 16- 15 Settlement Conference. Court sets the following dates: Jury Trial: 12/8/09 9:00AM; file final trial exhibit stipulation: 12/03/9; hearing on motions in limine, hearing on motions in limine and disputed jury instructions: 11/30/09 1:30PM; final pretrial conference: 11/6/09 1:30 PM; motions in limine, proposed voir dire questions and agreed to statement of case be filed :11/6/09; lodge pretrial conference order and pretrial exhibit stipulation, file contentions of fact and law, exhibit and witness lists, file status report re settlement, agreed set of instructions, verdicts and joint statement regarding disputed instructions : 10/23/09; last date to conduct settlement conference: 10/12/09 ; Last day for hearing motions: 10/5/09; discovery cutoff: 9/28/09 ; last date to amend pleadings or add parties : 7/20/09. (lc) (Entered: 04/13/2009)
4/10/2009 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: proposed Order was not submitted as a separate attachment RE: MOTION to Dismiss Counterclaims and Affirmative Defense; Plaintiffs' Notice of Motion and Motion to Dismiss Certain of Defendant's Counterclaims and Strike Certain Defenses 22 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) (Entered: 04/10/2009)
4/10/2009 24 Joint STIPULATION to Continue Plaintiffs' Motion to Dismiss Certain Counteclaims and Certain Defenses from April 27, 2009 to May 11, 2009 filed by Defendant Richard Cabados. (Attachments: # 1 Proposed Order)(Banducci, Derek) (Entered: 04/10/2009)
4/10/2009 23 Joint STIPULATION to Continue Hearing Date on Plaintiffs' Motion to Dismiss Certain Counterclaims and Defenses from April 27, 2009 to May 11, 2009 filed by Defendant Richard Cabados.(Banducci, Derek) (Entered: 04/10/2009)
4/6/2009 22 NOTICE OF MOTION AND MOTION to Dismiss Counterclaims and Affirmative Defense Plaintiffs' Notice of Motion and Motion to Dismiss Certain of Defendant's Counterclaims and Strike Certain Defenses filed by plaintiff Enagic USA, Inc., Enagic Co. Ltd.. Motion set for hearing on 4/27/2009 at 01:30 PM before Judge Percy Anderson. (Veregge, Peter) (Entered: 04/06/2009)
4/6/2009 21 JOINT REPORT Rule 26(f) Discovery Plan Joint Scheduling Conference Report Pursuant to Rule 26 (f) ; estimated length of trial 7 days, filed by Plaintiffs Enagic USA, Inc., Enagic Co. Ltd... (Veregge, Peter) (Entered: 04/06/2009)
3/17/2009 20 ORDER by Judge Percy Anderson to Extend Time to Respond to Initial Counterclaims by Not More Than 30 Days. Plaintiffs/Counterclaim Defendants' time to respond to the Counterclaims is extended to 4/6/09. Re: Stipulation Extending Time to Answer 17 . (mg) (Entered: 03/18/2009)
3/12/2009 19 CORRECTED NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is Stipulations - Extending Time to Answer (More than 30 days). Stipulations - Extending Time to Answer (30 days or less) event used in docketing this filing. Stipulations for extension of time as to cross-claims, counterclaims, third-party complaints or any amended pleadings require approval by the judge, Local Rule 8-3. *PROPOSED ORDER WAS SUBMITTED. RE: Stipulation to Extend Time to Respond to Initial Counterclaims filed 3/6/2009 17 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk) (Entered: 03/12/2009)
3/11/2009 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: (1) Incorrect even selected. Correct event to be used is STIPULATIONS - EXTENDING TIME TO ANSWER (More than 30 days); (2) See Local Rule 8-3. RE: First Stipulation Extending Time to Answer (30 days or less), First Stipulation Extending Time to Answer (30 days or less) 17 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (pp) (Entered: 03/12/2009)
3/6/2009 17 FIRST STIPULATION Extending Time to Answer the complaint as to Enagic USA, Inc. answer now due 4/6/2009; Enagic Co. Ltd. answer now due 4/6/2009, filed by plaintiff/counter-defendant Enagic USA, Inc.; Enagic Co. Ltd.. (Attachments: # 1 Proposed Order)(Veregge, Peter) (Entered: 03/06/2009)
2/20/2009 16 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants and Counterclaimants Richard Cabados and Earth Trade Water, Inc. (gk) (Entered: 02/23/2009)
2/20/2009 15 ANSWER to Complaint 1 ; COUNTERCLAIMS against Enagic USA, Inc. and Enagic Co. Ltd.; with JURY DEMAND filed by Defendants and Counterclaimants Richard Cabados and Earth Trade Water, Inc.(gk) (Entered: 02/23/2009)
2/20/2009 14 SCHEDULING MEETING OF COUNSEL by Judge Percy Anderson: Scheduling Conference set for 4/20/2009 10:30 AM before Judge Percy Anderson. Counsel shall meet at least 21 days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than 14 days before the Scheduling Conference. See document for details. (gk) (Entered: 02/23/2009)
2/17/2009 13 ORDER by Judge Percy Anderson Re STIPULATION TO EXTEND DEADLINE FOR DEFENDANTS RESPONSE TO COMPLAINT 9 , 10 . Defendants RICHARD CABADOS and EARTH TRADE WATER, INC. are hereby granted an extension until February 23, 2009 to file their response to Plaintiffs complaint. (pso) (Entered: 02/18/2009)
2/17/2009 12 MINUTES OF IN CHAMBERS ORDER by Judge Percy Anderson: Before the Court is the parties stipulation to extend the deadline for defendants response to the complaint. Accordingly, this Courts order to show cause regarding lack of prosecution, dated February 11, 2009, is hereby discharged. 8 (pso) (Entered: 02/18/2009)
2/17/2009 11 RESPONSE filed by Plaintiffs Enagic USA, Inc., Enagic Co. Ltd.to Minutes of In Chambers Order/Directive - no proceeding held, Set Deadlines/Hearings 8 Response to Order to Show Cause Why Action Should Not Be Dismissed For Lack Of Prosecution (Veregge, Peter) (Entered: 02/17/2009)
2/13/2009 10 FIRST STIPULATION Extending Time to Answer the complaint as to Earth Trade Water, Inc. answer now due 2/23/2009, filed by Defendant Earth Trade Water, Inc.. (Attachments: # 1 Proposed Order)(Wellman, Scott) (Entered: 02/13/2009)
2/13/2009 9 FIRST STIPULATION Extending Time to Answer the complaint as to Richard Cabados answer now due 2/23/2009, filed by Defendant Richard Cabados. (Attachments: # 1 Proposed Order)(Wellman, Scott) (Entered: 02/13/2009)
2/11/2009 8 MINUTES (IN CHAMBERS) by Judge Percy Anderson: The Court, on its own motion, orders Plaintiff to Show Cause in writing on or before 2/25/2009, why action should not be dismissed for lack of prosecution. (mg) (Entered: 02/12/2009)
2/6/2009 7 PROOF OF SERVICE Executed Enagic USA, Inc., Enagic Co. Ltd., upon Earth Trade Water, Inc. served on 1/20/2009, answer due 2/9/2009. The Summons and Complaint were served by Personal service, by Federal statute, upon Jennifer Molina, Agent for Service. Due Dilligence declaration No. Original Summons Returned. (Veregge, Peter) (Entered: 02/06/2009)
2/6/2009 6 PROOF OF SERVICE Executed Enagic USA, Inc., Enagic Co. Ltd., upon Richard Cabados served on 1/14/2009, answer due 2/3/2009. The Summons and Complaint were served by Personal service, by Federal statute, upon Richard Cabados, Individual. Due Dilligence declaration No. Original Summons Returned. (Veregge, Peter) (Entered: 02/06/2009)
1/8/2009 5 STANDING ORDER by Judge Percy Anderson: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. Refer to document for details of the Order. (pso) (Entered: 01/09/2009)
1/6/2009 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Enagic USA, Inc., Enagic Co. Ltd. (et) (Entered: 01/09/2009)
1/6/2009 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) (Entered: 01/09/2009)
1/6/2009 2 CERTIFICATION AS TO Interested Parties filed by Plaintiffs Enagic USA, Inc., Enagic Co. Ltd. (et) (Entered: 01/09/2009)
1/6/2009 1 COMPLAINT against Defendants Earth Trade Water, Inc., DOES 1-9, inclusive, Richard Cabados. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiffs Enagic USA, Inc., Enagic Co. Ltd. (et) (Entered: 01/09/2009)
1/6/2009 20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Earth Trade Water, Inc., DOES 1-9 inclusive, Richard Cabados. (et) (Entered: 01/09/2009)
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