Blue Rhino Global Sourcing, Inc. v. Best Choice Products

Federal Civil Lawsuit California Central District Court, Case No. 2:18-cv-05526
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Last Updated February 26, 2019 at 11:06 PM EST (6.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Blue Rhino Global Sourcing, Inc., Plaintiff

Represented by Moore & Van Allen, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED TTAB Attorney Placeholder katecole@mvalaw.com
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY J. Mark Wilson +1 704 331 1000 +1 704 331 1159 markwilson@mvalaw.com
v.
No Logo Best Choice Products, Counter-Defendant

Represented by ArentFox Schiff LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY DAVID LEONARD BROWN +1 336 419 4900 +1 336 419 4950 dbrown@goldbergsegalla.com
ATTORNEY TO BE NOTICED, PRO HAC VICE David Grant Harris, II +1 336 419 4900 +1 336 419 4950 dharris@goldbergsegalla.com

Represented by Hendrick, Bryant & Nerhood, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY Kenneth C. Otis cotis@hendricklawfirm.com

Represented by Law Office of Gregory Yoder

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY Gregory Yoder +1 949 334 7184 greg@gregyoderlaw.com
Attributes
Citation Section 35 U.S.C. § 145
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (38) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 39 Filed: 7/26/2018, Entered: None Dismissing CaseCourt Filing
ORDER RE JOINT STIPULATION OF DISMISSAL by Judge John A. Kronstadt, the Court GRANTS the parties' Joint Stipulation of Dismissal 38 , and hereby orders the following: This matter is dismissed without prejudice. (Made JS-6. Case Terminated.) (jp)
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Legal Document (Payment Possibly Required) 33 Filed: 6/26/2018, Entered: None Unknown Document TypeCourt Filing
(IN CHAMBERS) ORDER SETTING HEARING ON PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM (DKT. 8 ) by Judge John A. Kronstadt: The Court sets the hearing on the Motion for September 24, 2018 at 8:30 a.m. Counsel shall submit courtesy copies of the Motion and briefing no later than June 29, 2018. The Motion hearing and Scheduling Conference will be advanced if an earlier date becomes available on the Court's calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 06/26/2018)
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Legal Document (Payment Possibly Required) 32 Filed: 6/26/2018, Entered: 6/26/2018 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Scheduling Conference set for 9/24/2018 at 08:30 am before Judge John A. Kronstadt. Joint Report 9/14/18. (ake)
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Legal Document (Payment Possibly Required) 31 Filed: 6/26/2018, Entered: 6/26/2018 Minutes of In Chambers Order/Directive - no proceeding heldCourt Filing
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt: Please read each Order carefully as they differ in some respects from the Local Rules. (ake)
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Legal Document (Payment Possibly Required) 30 Filed: 6/26/2018, Entered: None Unknown Document TypeCourt Filing
(IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt: This action has been reassigned to the Honorable John A. Kronstadt, United States District Judge. The case number will now read: LA CV18-05526 JAK (AFMx). Because all pleadings are routed using the judge's initials, please be sure to use the initials JAK in place of the initials AFM on all future filings. Judge Kronstadt's Courtroom Deputy Clerk, Andrea Keifer, can be reached at 213.894.2156. 29 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 06/26/2018)
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Legal Document (Payment Possibly Required) 29 Filed: 6/26/2018, Entered: 6/26/2018 Transfer Pursuant To Patent Pilot Program (CV-128)Court Filing
ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge John F. Walter. Case transferred from Judge John F. Walter to Judge John A. Kronstadt for all further proceedings. Case number now reads 2:18-cv-05526 JAK(AFMx). (rn)
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Legal Document (Payment Possibly Required) 28 Filed: 6/25/2018, Entered: None Unknown Document Type
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David G. Harris, II. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) (Entered: 06/25/2018)
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Legal Document (Payment Possibly Required) 27 Filed: 6/25/2018, Entered: None Unknown Document Type
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kenneth C. Otis, III. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) (Entered: 06/25/2018)
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Legal Document (Payment Possibly Required) 26 Filed: 6/25/2018, Entered: None Unknown Document Type
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David Leonard Brown. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) (Entered: 06/25/2018)
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Legal Document (Payment Possibly Required) 25 Filed: 6/25/2018, Entered: None Unknown Document Type
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John Mark Wilson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh) (Entered: 06/25/2018)
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Legal Document (Payment Possibly Required) 24 Filed: 6/25/2018, Entered: None Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
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Legal Document (Payment Possibly Required) 24 Filed: 6/21/2018, Entered: None Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 06/25/2018)
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Legal Document (Payment Possibly Required) 23 Filed: 6/21/2018, Entered: None Unknown Document TypeCourt Filing
NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Alexander F. MacKinnon. (lh) (Entered: 06/25/2018)
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Legal Document (Payment Possibly Required) 22 Filed: 6/21/2018, Entered: None Unknown Document Type
NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:17-cv-00069-LCB-JEP, from U.S. District Court North Carolina Middle District. The above-referenced case has been transferred to this district and assigned the above civil case number 2:18-cv-05526-JFW (AFMx). (lh) (Entered: 06/25/2018)
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Legal Document (Payment Possibly Required) 21 Filed: 6/22/2018, Entered: 6/22/2018 Case Transferred In from other District (Electronic Transfer)
ORIGINAL file, certified copy of transfer order and docket sheet received from North Carolina Middle
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Legal Document (Payment Possibly Required) 20 Filed: 6/20/2018, Entered: None Unknown Document Type
ORDER signed by JUDGE LORETTA C. BIGGS on 06/20/2018. Defendant's Motion to Transfer for Improper Venue or, Alternatively, to Dismiss, (ECF No. 14 ), is GRANTED, and the Clerk of Court shall transfer this action to the United States District Court for the Central District of California. The Court declines to resolve Plaintiff's Motion to Dismiss Counterclaim and Strike Affirmative Defenses, (ECF No. 8 ), which shall be transferred, as part of this action, to the Central District of California. (Coyne, Michelle) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 06/20/2018)
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Legal Document (Payment Possibly Required) 19 Filed: 1/11/2018, Entered: None Unknown Document Type
REPLY, filed by Counter Claimant BEST CHOICE PRODUCTS, Defendant BEST CHOICE PRODUCTS, to Response to 14 MOTION to Transfer Case for Improper Venue or Alternatively to Dismiss filed by BEST CHOICE PRODUCTS. (YODER, GREGORY)[Transferred from North Carolina Middle on 6/22/2018.] (Entered: 01/11/2018)
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Legal Document (Payment Possibly Required) 18 Filed: 12/28/2017, Entered: None Unknown Document Type
RESPONSE in Opposition re 14 MOTION to Transfer Case for Improper Venue or Alternatively to Dismiss filed by BEST CHOICE PRODUCTS filed by BLUE RHINO GLOBAL SOURCING, INC.. Replies due by 1/11/2018 (WILSON, JOHN) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 12/28/2017)
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Legal Document (Payment Possibly Required) 17 Filed: 12/12/2017, Entered: None Unknown Document Type
NOTICE of Appearance by attorney GREGORY D. YODER on behalf of Counter Claimant BEST CHOICE PRODUCTS, Counter Defendant BEST CHOICE PRODUCTS, Defendant BEST CHOICE PRODUCTS (YODER, GREGORY) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 12/12/2017)
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Legal Document (Payment Possibly Required) 16 Filed: 12/8/2017, Entered: None Unknown Document Type
NOTICE of Appearance by attorney DAVID G. HARRIS, II on behalf of Defendant BEST CHOICE PRODUCTS (HARRIS, DAVID) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 12/08/2017)
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Legal Document (Payment Possibly Required) 15 Filed: 12/7/2017, Entered: None Unknown Document Type
Memorandum in Support of 14 MOTION to Transfer Case for Improper Venue or Alternatively to Dismiss Memorandum in Support of by BEST CHOICE PRODUCTS. Replies due by 12/21/2017 (Attachments: # 1 Exhibit 1)(BROWN, DAVID) Modified on 12/8/2017 to correct document title. (Coyne, Michelle). [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 12/07/2017)
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Legal Document (Payment Possibly Required) 14 Filed: 12/7/2017, Entered: None Unknown Document Type
MOTION to Transfer Case for Improper Venue or Alternatively to Dismiss by BEST CHOICE PRODUCTS. Response to Motion due by 12/28/2017 (BROWN, DAVID) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 12/07/2017)
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Legal Document (Payment Possibly Required) 13 Filed: 12/7/2017, Entered: None Unknown Document Type
**FILED IN ERROR ATTORNEY TO RE-FILE**NOTICE of Appearance by attorney DAVID LEONARD BROWN on behalf of Defendant BEST CHOICE PRODUCTS (BROWN, DAVID) Modified on 12/8/2017 (Coyne, Michelle). [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 12/07/2017)
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Legal Document (Payment Possibly Required) 12 Filed: 12/7/2017, Entered: None Unknown Document Type
NOTICE of Appearance by attorney DAVID LEONARD BROWN on behalf of Defendant BEST CHOICE PRODUCTS (BROWN, DAVID) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 12/07/2017)
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Legal Document (Payment Possibly Required) 11 Filed: 4/18/2017, Entered: None Unknown Document Type
REPLY, filed by Plaintiff BLUE RHINO GLOBAL SOURCING, INC., to Response to 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Strike Affirmative Defenses filed by BLUE RHINO GLOBAL SOURCING, INC.. (WILSON, JOHN) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 04/18/2017)
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Legal Document (Payment Possibly Required) 10 Filed: 4/5/2017, Entered: None Unknown Document Type
RESPONSE in Opposition re 9 Memorandum filed by BLUE RHINO GLOBAL SOURCING, INC. motion to dismiss counterclaim and strike affirmative defenses filed by BEST CHOICE PRODUCTS. Replies due by 4/19/2017 (OTIS, KENNETH) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 04/05/2017)
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Legal Document (Payment Possibly Required) 9 Filed: 3/15/2017, Entered: None Unknown Document Type
MEMORANDUM filed by Plaintiff BLUE RHINO GLOBAL SOURCING, INC. re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Strike Affirmative Defenses filed by BLUE RHINO GLOBAL SOURCING, INC.. (WILSON, JOHN) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 03/15/2017)
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Legal Document (Payment Possibly Required) 8 Filed: 3/15/2017, Entered: None Unknown Document Type
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Strike Affirmative Defenses by BLUE RHINO GLOBAL SOURCING, INC.. Response to Motion due by 4/5/2017 (WILSON, JOHN) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 03/15/2017)
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Legal Document (Payment Possibly Required) 7 Filed: 3/14/2017, Entered: None Unknown Document Type
**Filed in error - attorney to re-file** MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Strike Affirmative Defenses by BLUE RHINO GLOBAL SOURCING, INC.. Response to Motion due by 4/4/2017 (Attachments: # 1 Supporting Memorandum)(WILSON, JOHN) Modified on 3/15/2017 (Coyne, Michelle). [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 03/14/2017)
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Legal Document (Payment Possibly Required) 6 Filed: 2/22/2017, Entered: None Unknown Document Type
NOTICE of Appearance by attorney KATHRYN G. COLE on behalf of Plaintiff BLUE RHINO GLOBAL SOURCING, INC. (COLE, KATHRYN) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 02/22/2017)
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Legal Document (Payment Possibly Required) 5 Filed: 2/21/2017, Entered: None Unknown Document Type
Best Choice Products ANSWER to 1 Complaint with Jury Demand, Counterclaim against by BEST CHOICE PRODUCTS. (OTIS, KENNETH) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 02/21/2017)
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Legal Document (Payment Possibly Required) 4 Filed: 1/30/2017, Entered: None Unknown Document Type
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 01/30/2017)
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Legal Document (Payment Possibly Required) 3 Filed: 1/30/2017, Entered: None Unknown Document Type
Summons Issued as to BEST CHOICE PRODUCTS. (Coyne, Michelle) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 01/30/2017)
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Legal Document (Payment Possibly Required) 1 Filed: 1/26/2017, Entered: None Unknown Document Type
COMPLAINT against BEST CHOICE PRODUCTS ( Filing fee $ 400 receipt number 0418-2061061.), filed by BLUE RHINO GLOBAL SOURCING, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(WILSON, JOHN) [Transferred from North Carolina Middle on 6/22/2018.] (Entered: 01/26/2017)
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Legal Document (Payment Possibly Required)  Filed: 1/16/2018, Entered: None Unknown Document Type
Motion Submitted: 14 MOTION to Transfer Case for Improper Venue or Alternatively to Dismiss to JUDGE LORETTA C. BIGGS. (Blay, Debbie) [Transferred from North Carolina Middle on 6/22/2018.]
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Legal Document (Payment Possibly Required)  Filed: 4/26/2017, Entered: None Unknown Document Type
Motions Submitted: 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Strike Affirmative Defenses to JUDGE LORETTA C. BIGGS. (Powell, Gloria) [Transferred from North Carolina Middle on 6/22/2018.]
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Legal Document (Payment Possibly Required)  Filed: 1/27/2017, Entered: None Unknown Document Type
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) [Transferred from North Carolina Middle on 6/22/2018.]
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Legal Document (Payment Possibly Required)  Filed: 1/27/2017, Entered: None Unknown Document Type
Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAGISTRATE JUDGE JOI ELIZABETH PEAKE. Set flag for Magistrate Judge Joi Elizabeth Peake. (Coyne, Michelle) [Transferred from North Carolina Middle on 6/22/2018.]
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