American Student Financial Group, Inc. et al v. Aequitas Capital Management, Inc. et al



 
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RFC Case Number: C-A12-2446A
Court Case Number: 3:12-cv-02446-CAB-JMA
File Date: Friday, October 05, 2012
Plaintiff: American Student Financial Group, Inc.
TRD Consulting, LLC
Plaintiff Counsel: Paul Finlayson of Latham & Watkins LLP
Defendant: Aequitas Capital Management, Inc.
ASFG, LLC
Does 1-50
Cause: 15:1051 Trademark Infringement
Court: California Southern District Court
Judge: Judge Cathy Ann Bencivengo
Referred To: Magistrate Judge Jan M. Adler
Notes:

Docket Text

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Date # Docket Text
1/9/2014 48 ORDER Setting Telephonic Case Management Conference for 5/19/2014 09:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 01/09/2014.(yeb)(jrd) (Entered: 01/10/2014)
1/9/2014 47 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 1/9/2014(Plaintiff Attorney William Rathbone). (Defendant Attorney Steven Wilker). (no document attached) (kxb) (Entered: 01/09/2014)
12/16/2013 46 MINUTE ORDER: The court finds the pending motion to dismiss [Doc. No. 43] suitable for submission on the papers and therefore vacates the hearing scheduled for December 20, 2013.(yeb) (Entered: 12/16/2013)
12/13/2013 45 REPLY to Response to Motion re 43 MOTION to Dismiss for Failure to State a Claim filed by Aequitas Capital Management, Inc.. (Wilker, Steven) (yeb). (Entered: 12/13/2013)
12/6/2013 44 RESPONSE in Opposition re 43 MOTION to Dismiss for Failure to State a Claim filed by American Student Financial Group, Inc., TRD Consulting, LLC. (Attachments: # 1 Proof of Service)(Rathbone, William) (dlg). (Entered: 12/06/2013)
11/4/2013 43 MOTION to Dismiss for Failure to State a Claim by Aequitas Capital Management, Inc.. (Attachments: # 1 Memo of Points and Authorities)(Wilker, Steven) (yeb). (Entered: 11/04/2013)
10/25/2013 42 ORDER re 41 Third Amended Complaint filed by TRD Consulting, LLC, American Student Financial Group, Inc. Plaintiffs corrected third amended complaint [Doc. No. 41] is now the operative complaint. Signed by Judge Cathy Ann Bencivengo on 10/25/13.(cge)(jrl). (Entered: 10/25/2013)
10/21/2013 41 AMENDED COMPLAINT with Jury Demand Corrected Third Amended Complaint against Aequitas Capital Management, Inc., filed by TRD Consulting, LLC, American Student Financial Group, Inc.. (Rathbone, William) (yeb). (Entered: 10/21/2013)
10/21/2013 40 NOTICE by American Student Financial Group, Inc., TRD Consulting, LLC re 37 Amended Complaint (Rathbone, William) (yeb). (Entered: 10/21/2013)
10/11/2013 39 ORDER withdrawing motions. In light of the parties joint submission [Doc. No. 38 ], plaintiffs pending motions to dismiss and to strike defendants counterclaims [Doc. Nos. 21 , 22 ] are withdrawn. Signed by Judge Cathy Ann Bencivengo on 10/11/2013. (yeb) (Entered: 10/15/2013)
10/11/2013 38 RESPONSE re 36 Order on Motion for Leave to File Document, Joint Submission Per Court Order of September 30, 2013 filed by American Student Financial Group, Inc.. (Attachments: # 1 Proof of Service Romylia Kellogg)(Sarah, Maha) (yeb). (Entered: 10/11/2013)
9/30/2013 37 THIRD AMENDED COMPLAINT with Jury Demand against Aequitas Capital Management, Inc., DOES 1-50, filed by TRD Consulting, LLC, American Student Financial Group, Inc.. (yeb) (Entered: 09/30/2013)
9/30/2013 36 ORDER granting 35 Joint Motion for Leave to File Third Amended Complaint. The parties shall notify the court in a joint submission, no later than Friday, October 11, 2013, whether plaintiffs pending motions to dismiss and to strikedefendant Aequitas Capital Management, Inc.s counterclaims [Doc. No. 21 , 22 ] are withdrawn or remain pending. Signed by Judge Cathy Ann Bencivengo on 09/30/2013. (yeb) (Entered: 09/30/2013)
9/26/2013 35 Joint MOTION To Filed Third Amended Complaint by American Student Financial Group, Inc.. (Attachments: # 1 Exhibit 1)(Rathbone, William)(yeb). (Entered: 09/26/2013)
9/12/2013 34 SCHEDULING ORDER: Telephonic Case Management Conference set for 1/9/2014 09:30 AM before Magistrate Judge Jan M. Adler. Mandatory Settlement Conference set for 10/30/2014 10:00 AM in the chmabers of Magistrate Judge Jan M. Adler. Proposed Pretrial Order due by 11/26/2014. Final Pretrial Conference set for 12/5/2014 02:30 PM before Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Jan M. Adler on 9/12/2013.(yeb) (Entered: 09/12/2013)
9/11/2013 33 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 9/11/2013(Plaintiff Attorney William Rathbone & Maha Sarah). (Defendant Attorney Steven Wilker). (no document attached) (kxb) (Entered: 09/11/2013)
9/6/2013 32 JOINT DISCOVERY PLAN by American Student Financial Group, Inc. [F.R.C.P. 26(f)] (Attachments: # 1 Proof of Service Romylia E. Kellogg)(Sarah, Maha) (yeb). (Entered: 09/06/2013)
6/27/2013 31 ORDER Setting Rule 26 Compliance and Notice of Telephonic Case Management Conference: Telephonic Case Management Conference set for 9/11/2013 09:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 06/27/2013.(yeb) (jrl). (Entered: 06/28/2013)
6/27/2013 30 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Case Management Conference held on 6/27/2013(Plaintiff Attorney William Rathbone). (Defendant Attorney Steven Wilker). (no document attached) (kxb) (Entered: 06/27/2013)
6/12/2013 29 Order Following ENE. Early Neutral Evaluation Conference held on 06/10/2013.Telephonic Case Management Conference set for 6/27/2013 09:30 AM before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 3/12/2013.(yeb) (Entered: 06/12/2013)
5/13/2013 28 Minute Entry for proceedings held before Magistrate Judge Jan M. Adler: Early Neutral Evaluation Conference held on 5/10/2013(Plaintiff Attorney William Rathbone & Miles Scully). (Defendant Attorney Steven Wilker). (no document attached) (kxb) (Entered: 05/13/2013)
5/6/2013 27 MINUTE ORDER: Counter-defendants motions to dismiss and to strike [Doc. Nos. 21, 22] are currently scheduled for hearing on Friday, May 10, 2013. The court finds these motions suitable for submission without oral argument pursuant to Local Civil Rule 7.1(d)(1). Accordingly, the hearing on the motions is vacated.(yeb) (Entered: 05/06/2013)
5/3/2013 26 REPLY - Other re 21 MOTION to Dismiss First and Second Counterclaims of Aequitas Capital Management, Inc. Reply Brief in Support of Motion to Dismiss filed by American Student Financial Group, Inc.. (Attachments: # 1 Proof of Service Romylia Kellogg)(Rathbone, William) (Entered: 05/03/2013)
5/3/2013 25 REPLY - Other re 22 MOTION to Strike Third and Fourth Counterclaims of Aequitas Capital Management, Inc. Reply Brief in Support of Special Motion to Strike Counterclaim, Pursuant to California Code of Civil Procedure Section 425.16 and Oregon Revised Statute Section 31.150 filed by American Student Financial Group, Inc.. (Attachments: # 1 Proof of Service Romylia Kellogg)(Rathbone, William)(yeb). (Entered: 05/03/2013)
4/26/2013 24 RESPONSE in Opposition re 22 MOTION to Strike Third and Fourth Counterclaims of Aequitas Capital Management, Inc. filed by Aequitas Capital Management, Inc. (Attachments: # 1 Declaration of Andrew N. MacRitchie)(Wilker, Steven) (knb). (Entered: 04/26/2013)
4/26/2013 23 RESPONSE in Opposition re 21 MOTION to Dismiss First and Second Counterclaims of Aequitas Capital Management, Inc. filed by Aequitas Capital Management, Inc. (Wilker, Steven) (knb). (Entered: 04/26/2013)
3/21/2013 22 MOTION to Strike Third and Fourth Counterclaims of Aequitas Capital Management, Inc. by American Student Financial Group, Inc., TRD Consulting, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Kevin P. Jasper, # 3 Exhibit A, # 4 Proof of Service)(Rathbone, William) (yeb). (Entered: 03/21/2013)
3/4/2013 21 MOTION to Dismiss First and Second Counterclaims of Aequitas Capital Management, Inc. by American Student Financial Group, Inc., TRD Consulting, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Order Granting Motion to Dismiss First and Second Counterclaims of Aequitas Capital Management, Inc., # 3 Proof of Service)(Sarah, Maha)(yeb). QC Mailer sent for attached proposed order. (Entered: 03/04/2013)
3/4/2013 20 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 5/10/2013 10:00 AM in chambers before Magistrate Judge Jan M. Adler. Signed by Magistrate Judge Jan M. Adler on 3/1/2013.(knb) (Entered: 03/04/2013)
2/25/2013 19 ORDER granting 17 and 18 Motions to Substitute Attorney. Added attorney William M Rathbone for American Student Financial Group, Inc.,William M Rathbone for American Student Financial Group, Inc., William M Rathbone for TRD Consulting, LLC,William M Rathbone for TRD Consulting, LLC. Attorney Philip C Tencer terminated. Signed by Judge Cathy Ann Bencivengo on 02/25/2013. (yeb) (jrl). (Entered: 02/25/2013)
2/22/2013 18 Joint Motion to Substitute Attorney by TRD Consulting, LLC Substitution of Attorney for Plaintiff TRD Consulting, LLC. (Rathbone, William) (yeb). QC Mailer sent for wrong event used. (yeb). (Entered: 02/22/2013)
2/22/2013 17 Joint Motion to Substitute Attorney by American Student Financial Group, Inc. Substitution of Attorney for Plaintiff American Student Financial Group, Inc.. (Rathbone, William)(yeb). QC Mailer sent for wrong event used. (Entered: 02/22/2013)
2/8/2013 16 ANSWER to 11 Amended Complaint, , COUNTERCLAIM against American Student Financial Group, Inc., TRD Consulting, LLC by Aequitas Capital Management, Inc.(Wilker, Steven) (yeb). (Entered: 02/08/2013)
1/14/2013 15 ORDER finding as moot 10 Motion to Dismiss and taken off calendar; and granting 14 Motion for Leave to File Second Amended Complaint. Defendants have until February 8, 2013 to respond to the Second Amended Complaint. Signed by Judge Cathy Ann Bencivengo on 01/14/2013. (yeb) (Entered: 01/14/2013)
1/10/2013 14 Joint MOTION for Leave to File Second Amended Complaint by ASFG, LLC, Aequitas Capital Management, Inc., American Student Financial Group, Inc., TRD Consulting, LLC. (Tencer, Philip) (yeb). (Entered: 01/10/2013)
1/7/2013 13 Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo: Rejecting Document, from Plaintiffs American Student Financial Group, Inc., TRD Consulting, LLC, re 11 Amended Complaint,. Non-compliance with local rule(s), OTHER: Filer does not have leave of the Court to file a Second Amended Complaint. 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 Cathy Ann Bencivengo on 01/07/2012.(yeb)(jrd) (Entered: 01/07/2013)
1/2/2013 12 NOTICE OF RELATED CASE(S) by American Student Financial Group, Inc., TRD Consulting, LLC of case(s) 12-cv-3082-BTM . (Attachments: # 1 Proof of Service)(Tencer, Philip) (yeb). No low number order prepared, case is the low number case. (Entered: 01/02/2013)
1/2/2013 12 NOTICE OF RELATED CASE(S) by American Student Financial Group, Inc., TRD Consulting, LLC of case(s) 12-cv-3082-BTM . (Attachments: # 1 Proof of Service)(Tencer, Philip) (Entered: 01/02/2013)
12/28/2012 11 AMENDED COMPLAINT with Jury Demand against Aequitas Capital Management, Inc., filed by American Student Financial Group, Inc., TRD Consulting, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proof of Service) (Tencer, Philip) (yeb). (Entered: 12/28/2012)
12/26/2012 10 MOTION to Dismiss Pursuant to FRCP 12(B)(1) and 12(B)(6) by ASFG, LLC, Aequitas Capital Management, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Thomas A. Szabo, # 3 Declaration of Andrew S. Craig)(Wilker, Steven) (yeb). (Entered: 12/26/2012)
12/26/2012 10 MOTION to Dismiss Pursuant to FRCP 12(B)(1) and 12(B)(6) by ASFG, LLC, Aequitas Capital Management, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Thomas A. Szabo, # 3 Declaration of Andrew S. Craig)(Wilker, Steven) (Entered: 12/26/2012)
12/6/2012 9 ORDER granting 8 Motion to Substitute Attorney. Attorney Paul Finlayson terminated. Signed by Judge Cathy Ann Bencivengo on 12/5/2012. (yeb) (Entered: 12/10/2012)
12/4/2012 8 Amended MOTION to Substitute Attorney by American Student Financial Group, Inc., TRD Consulting, LLC. (Tencer, Philip) (yeb). (Entered: 12/04/2012)
12/4/2012 7 Notice of Withdrawal of Documnent re MOTION to Withdraw 4 MOTION to Substitute Attorney by American Student Financial Group, Inc., TRD Consulting, LLC. (Tencer, Philip) (yeb). QC Mailer sent for wrong event used. (Entered: 12/04/2012)
11/30/2012 6 First Amended Complaint Summons Issued. 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. (yeb) (Entered: 11/30/2012)
11/29/2012 5 AMENDED COMPLAINT with Jury Demand against ASFG, LLC, Aequitas Capital Management, Inc., DOES 1-50, filed by American Student Financial Group, Inc., TRD Consulting, LLC. (Attachments: # 1 Exhibit Exhibit Index, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3)New Summons Requested. (Tencer, Philip) (yeb). (Entered: 11/29/2012)
11/29/2012 4 MOTION to Substitute Attorney by American Student Financial Group, Inc., TRD Consulting, LLC. (Tencer, Philip) (yeb). (Entered: 11/29/2012)
10/10/2012 3 REPORT on the filing or determination of an action regarding patent and/or trademark(s) cc:USPTO (vam) (cap). (Entered: 10/10/2012)
10/10/2012 3 REPORT on the filing or determination of an action regarding patent and/or trademark(s) cc:USPTO (vam) (Entered: 10/10/2012)
10/10/2012 2 Summons Issued. 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. (vam) (cap). (Entered: 10/10/2012)
10/10/2012 2 Summons Issued. 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. (vam) (Entered: 10/10/2012)
10/5/2012 1 COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 350 receipt number 0974-5216193.), filed by American Student Financial Group, Inc., TRD Consulting, LLC. (Attachments: # 1 Index to Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Civil Cover Sheet)The new case number is 3:12-cv-2446-CAB-JMA. Judge Cathy Ann Bencivengo and Magistrate Judge Jan M. Adler are assigned to the case. (Finlayson, Paul)(vam)(ATTORNEY MAINTENANCE) (Entered: 10/10/2012)
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