MANDATE of 9th CCA filed re: Notice of Appeal to Federal Circuit Court of Appeals 153 CCA # 2010-1379. The decision of the district court is affirmed. Mandate received in this district on 05/31/2011. (dmap) (Entered: 06/03/2011)
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Because Defendants have not met their burden to demonstrate that this is a case which merits an award of attorneys' fees under 35 U.S.C. Section 285, Defendants SSW Holding Company Inc. and American Appliance Products, Inc.'s Motion for Attorneys' Fees 156 is denied. Court Reporter: N/A. (gk) (Entered: 07/19/2010)
AMENDED MINUTES OF IN CHAMBERS - COURT ORDER 140 by Judge Percy Anderson Before the Court are four motions for summary judgment: cross-motions by plaintiff Accuride International Inc. and defendants SSW Holding Company, Inc. and American Appliance Products, Inc. on the issue of patent infringement 53 , 56 , Defendants' motion for summary judgment on the issue of patent invalidity 54 , and Plaintiff's motion for summary judgment on the issue of inequitable conduct 63 . Defendants' Motion for Summary Judgment on the Issue of Invalidity is granted. Defendants' Motion for Summary Judgment on the Issue of Non-Infringement is also granted. Plaintiff's Motion for Summary Judgment on the Issue of Infringement is denied. Plaintiff's Motion for Summary Judgment on the Issue of Inequitable Conduct is denied as moot. All of Plaintiff's evidentiary objections that have not already been addressed in this Order are denied as moot. Defendants' Objection and Motion to Strike the Reply Declaration of John Anders 86 is also denied as moot. Court Reporter: N/A. (gk) (Entered: 07/15/2010)
REPLY in Support of Defendants' Motion for Attorneys' Fees MOTION for Attorney Fees 156 filed by Counter Claimant SSW Holding Company, Inc.. (Dilger, Nathaniel) (Entered: 07/05/2010)
MEMORANDUM in Opposition to MOTION for Attorney Fees 156 filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Attachments: # 1 Declaration of Richard H. Zaitlen in Support of Accuride's Opposition to Defendants' Motion for Attorneys' Fees, # 2 Exhibit 1-16 to Declaration of Richard H. Zaitlen, # 3 Exhibit 17 - 21 to Declaration of Richard H. Zaitlen, # 4 Exhibit 22 - 37 to Declaration of Richard H. Zaitlen, # 5 Proposed Order Denying Defendants' Motion for Attorneys' Fees)(Zaitlen, Richard) (Entered: 06/28/2010)
BILL OF COSTS. Costs Taxed in amount of $ 29375.61 in favor of SSW Holding Company, Inc and against Accuride International, Inc. (mb) (Entered: 06/23/2010)
MEMORANDUM in Support of MOTION for Attorney Fees 156 filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Dilger, Nathaniel) (Entered: 06/16/2010)
NOTICE OF MOTION AND MOTION for Attorney Fees filed by defendants American Appliance Products, Inc., SSW Holding Company, Inc.. Motion set for hearing on 7/19/2010 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Supplement)(Dilger, Nathaniel) (Entered: 06/16/2010)
NOTIFICATION by Circuit Court of Appellate Docket Number 2010-1379, Federal Circuit Court of Appeals regarding Notice of Appeal to Federal Circuit Court of Appeals,, 153 as to Plaintiff Accuride International Inc.. (car) (Entered: 06/07/2010)
USCCA Federal Circuit Information Sheet filed as to Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc. re Notice of Appeal to Federal Circuit Court of Appeals,, 153 (lr) (Entered: 05/27/2010)
NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff and Counterdefendant Accuride International Inc.. Appeal of Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,, 140 , Judgment, 139 Filing fee $455, receipt number 0973-7013522. (Attachments: # 1 Exhibit A - Order Granting Defendants Motion for Summary Judgment on the Issue of Invalidity and Motion for Summary Judgment on the Issue of Non-Infringement and Denying Plaintiffs Motion for Summary Judgment on the Issue of Infringement entered on April 27, 2010, # 2 Exhibit B - Judgment in favor of Defendants and against Plaintiff dated April 27, 2010)(Zaitlen, Richard) (Entered: 05/26/2010)
STIPULATION as to Amount of Taxable Costs filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc. re: APPLICATION to the Clerk to Tax Costs against Plaintiff Accuride International Inc. 149 (O'Brien, William) (Entered: 05/26/2010)
REPLY Supporting APPLICATION to the Clerk to Tax Costs against Plaintiff Accuride International Inc. 149 filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Attachments: # 1 Declaration of Nathaniel L. Dilger)(Dilger, Nathaniel) (Entered: 05/24/2010)
OBJECTIONS to APPLICATION to the Clerk to Tax Costs against Plaintiff Accuride International Inc. 149 PLAINTIFF'S OBJECTIONS TO DEFENDANTS' BILL OF COSTS filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Zaitlen, Richard) (Entered: 05/20/2010)
MINUTES (IN CHAMBERS)ORDER by Judge Percy Anderson: In accordance with the parties' previously filed stipulation, the deadline to file any Motion for Attorneys' Fees is continued from May 12, 2010 to June 16, 2010, and the deadline to file any Bill of Costs is continued from May 13, 2010 to June 17, 2010. The Motion for Attorneys' Fees filed by the defendants on May 12, 2010 145 is stricken and returned to counsel. In order to facilitatethe Courts resolution of any future Motion for Attorneys' Fees, the Court orders the parties to comply with this Order. Refer to document for further details. (pso) (Entered: 05/13/2010)
MEMORANDUM in Support of MOTION for Attorney Fees 145 filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Dilger, Nathaniel) (Entered: 05/12/2010)
NOTICE OF MOTION AND MOTION for Attorney Fees filed by defendants/counterclaimants American Appliance Products, Inc., SSW Holding Company, Inc.. Motion set for hearing on 6/14/2010 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order)(Dilger, Nathaniel) (Entered: 05/12/2010)
STIPULATION for Extension of Time to File Defendants' Motion for Attorney's Fees and Bill of Costs filed by defendants American Appliance Products, Inc., SSW Holding Company, Inc.. (Attachments: # 1 Proposed Order)(Dilger, Nathaniel) (Entered: 05/07/2010)
ORDER DENYING ACCURIDE INTERNATIONAL INC.'S APPLICATION FOR AN ORDER TO FILE DOCUMENTS UNDER SEAL by Judge Percy Anderson re 138 . (pp) (Entered: 04/30/2010)
MINUTES OF IN CHAMBERS COURT ORDER held before Judge Percy Anderson: For the foregoing reasons, Defendants' Motion for Summary Judgment on the Issue of Invalidity is granted. Defendants' Motion for Summary Judgment on the Issue of Non-Infringement is also granted. Plaintiff's Motion for Summary Judgment on the Issue of Infringement is denied. Plaintiff's Motion for Summary Judgment on the Issues of Inequitable Conduct is denied as moot. All of Plaintiff's evidentiary objections that have not already been addressed in this Order are denied as moot. Defendants' Objection and Motion to Strike the Reply Declaration of John Anders (Docket No 86) is also denied as moot, (Made JS-6. Case Terminated.) (bp) (Entered: 04/28/2010)
JUDGMENT by Judge Percy Anderson: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants SSW Holding Company, Inc., and American Appliance Products, Inc. ("Defendants") shall have judgment in their favor against plaintiff Accuride International Inc. ("Plaintiff"). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff takes nothing and that Defendants shall have their costs of suit. (bp) (Entered: 04/28/2010)
APPLICATION for an Order to File Documents Under Seal filed by Plaintiff and Counterdefendant Accuride International Inc. (gk) Modified on 4/23/2010 (gk). (Entered: 04/23/2010)
NOTICE of Manual Filing filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc. of Application for an Order to File Under Seal, Proposed Order Granting Application for an Order to File Under Seal and Exhibits 11, 15, 18 and 42 to Declaration of Richard H. Zaitlen in Support of Accuride International Inc.'s Motion in Limine Nos. 1-9 and Oppositions to Defendants' Motions in Limine. (Leavitt, Jenna) (Entered: 04/22/2010)
NOTICE OF DISCREPANCY AND ORDER by Judge Percy Anderson: Plaintiff and Counterdefendant Accuride International's Ex Parte Application for Order to File Documents Under Seal is not to be filed, but instead Rejected, and is ordered returned to counsel. Reasons: Notice to other parties of ex parte application lacking; did not efile Notice of Manuel Filing (G-92). (kpa) (Entered: 04/22/2010)
NOTICE OF LODGING filed re Joint MOTION IN LIMINE (#9) to Exclude Evidence or Testimony From David S. Hanson Regarding Reasonable RoyaltyJoint MOTION IN LIMINE (#9) to Exclude Evidence or Testimony From David S. Hanson Regarding Reasonable Royalty 132 , Joint MOTION IN LIMINE (#2) to Exclude Evidence or Testimony Regarding Incorrect Inventorship of the Patents-In-SuitJoint MOTION IN LIMINE (#2) to Exclude Evidence or Testimony Regarding Incorrect Inventorship of the Patents-In-Suit 114 , Joint MOTION IN LIMINE (#5) to Preclude Defendants From Presenting Their Inequitable Conduct Claim to the JuryJoint MOTION IN LIMINE (#5) to Preclude Defendants From Presenting Their Inequitable Conduct Claim to the Jury 118 , Joint MOTION IN LIMINE (#1) to Exclude Evidence or Testimony Regarding Product-To-Product Comparison in Regards to InfringementJoint MOTION IN LIMINE (#1) to Exclude Evidence or Testimony Regarding Product-To-Product Comparison in Regards to Infringement 113 , Joint MOTION IN LIMINE (#7) to Exclude Evidence or Testimony Regarding Sales Documents For Which the Original Underlying Sources Have Not Been ProducedJoint MOTION IN LIMINE (#7) to Exclude Evidence or Testimony Regarding Sales Documents For Which the Original Underlying Sources Have Not Been Produced 130 , Joint MOTION IN LIMINE (#6) to Exclude Evidence or Testimony Regarding Documents Not Disclosed by Defendants During DiscoveryJoint MOTION IN LIMINE (#6) to Exclude Evidence or Testimony Regarding Documents Not Disclosed by Defendants During Discovery 119 , Joint MOTION IN LIMINE (#8) to Exclude Evidence or Testimony From David S. Hanson Regarding Lost ProfitsJoint MOTION IN LIMINE (#8) to Exclude Evidence or Testimony From David S. Hanson Regarding Lost Profits 129 , Joint MOTION IN LIMINE (#3) to Exclude Evidence or Testimony From Dr. McCarthy Regarding Anticipation or ObviousnessJoint MOTION IN LIMINE (#3) to Exclude Evidence or Testimony From Dr. McCarthy Regarding Anticipation or Obviousness 116 , Joint MOTION IN LIMINE (#4) to Exclude Evidence or Testimony Regarding AnticipationJoint MOTION IN LIMINE (#4) to Exclude Evidence or Testimony Regarding Anticipation 115 (Attachments: # 1 Proposed Order Accuride's Joint Motion in Limine No. 1, # 2 Proposed Order Accuride's Joint Motion in Limine No. 2, # 3 Proposed Order Accuride's Joint Motion in Limine No. 3, # 4 Proposed Order Accuride's Joint Motion in Limine No. 4, # 5 Proposed Order Accuride's Joint Motion in Limine No. 5, # 6 Proposed Order Accuride's Joint Motion in Limine No. 6, # 7 Proposed Order Accuride's Joint Motion in Limine No. 7, # 8 Proposed Order Accuride's Joint Motion in Limine No. 8, # 9 Proposed Order Accuride's Joint Motion in Limine No. 9)(Leavitt, Jenna) (Entered: 04/16/2010)
DECLARATION of Richard H. Zaitlen in Support of Plaintiffs' Motions In Limine Nos. 1-9 and in Opposition to Defendants' Motions in Limine MOTION IN LIMINE (#6) to Preclude Plaintiff from presenting evidence that competitors' products infringe MOTION IN LIMINE (#6) to Preclude Plaintiff from presenting evidence that competitors' products infringe 127 , Joint MOTION IN LIMINE (#9) to Exclude Evidence or Testimony From David S. Hanson Regarding Reasonable RoyaltyJoint MOTION IN LIMINE (#9) to Exclude Evidence or Testimony From David S. Hanson Regarding Reasonable Royalty 132 , Joint MOTION IN LIMINE (#2) to Exclude Evidence or Testimony Regarding Incorrect Inventorship of the Patents-In-SuitJoint MOTION IN LIMINE (#2) to Exclude Evidence or Testimony Regarding Incorrect Inventorship of the Patents-In-Suit 114 , MOTION IN LIMINE (#5) to Preclude Plaintiff From Presenting Evidence of Lost Profits MOTION IN LIMINE (#5) to Preclude Plaintiff From Presenting Evidence of Lost Profits 122 , Joint MOTION IN LIMINE (#5) to Preclude Defendants From Presenting Their Inequitable Conduct Claim to the JuryJoint MOTION IN LIMINE (#5) to Preclude Defendants From Presenting Their Inequitable Conduct Claim to the Jury 118 , Joint MOTION IN LIMINE (#1) to Exclude Evidence or Testimony Regarding Product-To-Product Comparison in Regards to InfringementJoint MOTION IN LIMINE (#1) to Exclude Evidence or Testimony Regarding Product-To-Product Comparison in Regards to Infringement 113 , Joint MOTION IN LIMINE (#7) to Exclude Evidence or Testimony Regarding Sales Documents For Which the Original Underlying Sources Have Not Been ProducedJoint MOTION IN LIMINE (#7) to Exclude Evidence or Testimony Regarding Sales Documents For Which the Original Underlying Sources Have Not Been Produced 130 , Second MOTION IN LIMINE to Exclude At trial Non-Disclosure Agreements (NDAs) Between the partiesSecond MOTION IN LIMINE to Exclude At trial Non-Disclosure Agreements (NDAs) Between the parties 121 , MOTION IN LIMINE (#4) to Preclude Plaintiff from Relying on Untimely Documents or arguments based thereon MOTION IN LIMINE (#4) to Preclude Plaintiff from Relying on Untimely Documents or arguments based thereon 123 , Joint MOTION IN LIMINE (#6) to Exclude Evidence or Testimony Regarding Documents Not Disclosed by Defendants During DiscoveryJoint MOTION IN LIMINE (#6) to Exclude Evidence or Testimony Regarding Documents Not Disclosed by Defendants During Discovery 119 , MOTION IN LIMINE (#1) to Preclude Plaintiff's Expert Anders' Testimony Regarding Obviousness and Anticipation MOTION IN LIMINE (#1) to Preclude Plaintiff's Expert Anders' Testimony Regarding Obviousness and Anticipation 124 , Joint MOTION IN LIMINE (#8) to Exclude Evidence or Testimony From David S. Hanson Regarding Lost ProfitsJoint MOTION IN LIMINE (#8) to Exclude Evidence or Testimony From David S. Hanson Regarding Lost Profits 129 , Joint MOTION IN LIMINE (#3) to Exclude Evidence or Testimony From Dr. McCarthy Regarding Anticipation or ObviousnessJoint MOTION IN LIMINE (#3) to Exclude Evidence or Testimony From Dr. McCarthy Regarding Anticipation or Obviousness 116 , Joint MOTION IN LIMINE (#4) to Exclude Evidence or Testimony Regarding AnticipationJoint MOTION IN LIMINE (#4) to Exclude Evidence or Testimony Regarding Anticipation 115 , Third MOTION IN LIMINE to Preclude Plaintiff from Introducing any testimony regarding Patent Infringement under the doctrine of Equivalents 120 filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8-18, # 3 Exhibit 19-32, # 4 Exhibit 33-38, # 5 Exhibit 39, # 6 Exhibit 40-41, # 7 Exhibit 42-45)(Zaitlen, Richard) (Entered: 04/16/2010)
DECLARATION of Russell W. Mangum, III, Ph.D. in Support of Plaintiffs' Motions in Limine Nos. 1-9 and in Opposition of Defendants' Motions in Limine MOTION IN LIMINE (#6) to Preclude Plaintiff from presenting evidence that competitors' products infringe MOTION IN LIMINE (#6) to Preclude Plaintiff from presenting evidence that competitors' products infringe 127 , Joint MOTION IN LIMINE (#9) to Exclude Evidence or Testimony From David S. Hanson Regarding Reasonable RoyaltyJoint MOTION IN LIMINE (#9) to Exclude Evidence or Testimony From David S. Hanson Regarding Reasonable Royalty 132 , Joint MOTION IN LIMINE (#2) to Exclude Evidence or Testimony Regarding Incorrect Inventorship of the Patents-In-SuitJoint MOTION IN LIMINE (#2) to Exclude Evidence or Testimony Regarding Incorrect Inventorship of the Patents-In-Suit 114 , Joint MOTION IN LIMINE (#6) to Exclude Evidence or Testimony Regarding Documents Not Disclosed by Defendants During DiscoveryJoint MOTION IN LIMINE (#6) to Exclude Evidence or Testimony Regarding Documents Not Disclosed by Defendants During Discovery 119 , MOTION IN LIMINE (#5) to Preclude Plaintiff From Presenting Evidence of Lost Profits MOTION IN LIMINE (#5) to Preclude Plaintiff From Presenting Evidence of Lost Profits 122 , MOTION IN LIMINE (#1) to Preclude Plaintiff's Expert Anders' Testimony Regarding Obviousness and Anticipation MOTION IN LIMINE (#1) to Preclude Plaintiff's Expert Anders' Testimony Regarding Obviousness and Anticipation 124 , Joint MOTION IN LIMINE (#8) to Exclude Evidence or Testimony From David S. Hanson Regarding Lost ProfitsJoint MOTION IN LIMINE (#8) to Exclude Evidence or Testimony From David S. Hanson Regarding Lost Profits 129 , Joint MOTION IN LIMINE (#5) to Preclude Defendants From Presenting Their Inequitable Conduct Claim to the JuryJoint MOTION IN LIMINE (#5) to Preclude Defendants From Presenting Their Inequitable Conduct Claim to the Jury 118 , Joint MOTION IN LIMINE (#3) to Exclude Evidence or Testimony From Dr. McCarthy Regarding Anticipation or ObviousnessJoint MOTION IN LIMINE (#3) to Exclude Evidence or Testimony From Dr. McCarthy Regarding Anticipation or Obviousness 116 , Joint MOTION IN LIMINE (#4) to Exclude Evidence or Testimony Regarding AnticipationJoint MOTION IN LIMINE (#4) to Exclude Evidence or Testimony Regarding Anticipation 115 , Third MOTION IN LIMINE to Preclude Plaintiff from Introducing any testimony regarding Patent Infringement under the doctrine of Equivalents 120 , Joint MOTION IN LIMINE (#1) to Exclude Evidence or Testimony Regarding Product-To-Product Comparison in Regards to InfringementJoint MOTION IN LIMINE (#1) to Exclude Evidence or Testimony Regarding Product-To-Product Comparison in Regards to Infringement 113 , Joint MOTION IN LIMINE (#7) to Exclude Evidence or Testimony Regarding Sales Documents For Which the Original Underlying Sources Have Not Been ProducedJoint MOTION IN LIMINE (#7) to Exclude Evidence or Testimony Regarding Sales Documents For Which the Original Underlying Sources Have Not Been Produced 130 , Second MOTION IN LIMINE to Exclude At trial Non-Disclosure Agreements (NDAs) Between the partiesSecond MOTION IN LIMINE to Exclude At trial Non-Disclosure Agreements (NDAs) Between the parties 121 , MOTION IN LIMINE (#4) to Preclude Plaintiff from Relying on Untimely Documents or arguments based thereon MOTION IN LIMINE (#4) to Preclude Plaintiff from Relying on Untimely Documents or arguments based thereon 123 filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Zaitlen, Richard) (Entered: 04/16/2010)
NOTICE OF MOTION AND Joint MOTION IN LIMINE (#9) to Exclude Evidence or Testimony From David S. Hanson Regarding Reasonable Royalty filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson.(Zaitlen, Richard) (Entered: 04/16/2010)
NOTICE OF MOTION AND Joint MOTION IN LIMINE (#7) to Exclude Evidence or Testimony Regarding Sales Documents For Which the Original Underlying Sources Have Not Been Produced filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson.(Zaitlen, Richard) (Entered: 04/16/2010)
NOTICE OF MOTION AND Joint MOTION IN LIMINE (#8) to Exclude Evidence or Testimony From David S. Hanson Regarding Lost Profits filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson.(Zaitlen, Richard) (Entered: 04/16/2010)
DECLARATION in support of defendants' Opposition to Plaintiffs Motion in Limine filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Dilger, Nathaniel) (Entered: 04/16/2010)
NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Preclude Plaintiff from presenting evidence that competitors' products infringe filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order Granting Motion to Preclude Plaintiff From Presenting Evidence That Competitor's Products Infringe)(Afrasiabi, Peter) (Entered: 04/16/2010)
DECLARATION re MOTION IN LIMINE (#5) to Preclude Plaintiff From Presenting Evidence of Lost Profits MOTION IN LIMINE (#5) to Preclude Plaintiff From Presenting Evidence of Lost Profits 122 , Second MOTION IN LIMINE to Exclude At trial Non-Disclosure Agreements (NDAs) Between the partiesSecond MOTION IN LIMINE to Exclude At trial Non-Disclosure Agreements (NDAs) Between the parties 121 , MOTION IN LIMINE (#4) to Preclude Plaintiff from Relying on Untimely Documents or arguments based thereon MOTION IN LIMINE (#4) to Preclude Plaintiff from Relying on Untimely Documents or arguments based thereon 123 , MOTION IN LIMINE (#1) to Preclude Plaintiff's Expert Anders' Testimony Regarding Obviousness and Anticipation MOTION IN LIMINE (#1) to Preclude Plaintiff's Expert Anders' Testimony Regarding Obviousness and Anticipation 124 , Third MOTION IN LIMINE to Preclude Plaintiff from Introducing any testimony regarding Patent Infringement under the doctrine of Equivalents 120 and Defendants' sixth motion in limine filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Attachments: # 1 Exhibit AA, # 2 Exhibit BB, # 3 Exhibit CC, # 4 Exhibit DD, # 5 Exhibit EE, # 6 Exhibit FF, # 7 Exhibit GG, # 8 Exhibit HH, # 9 Exhibit II, # 10 Exhibit JJ, # 11 Exhibit KK, # 12 Exhibit LL, # 13 Exhibit MM, # 14 Exhibit NN, # 15 Exhibit O, # 16 Exhibit OO, # 17 Exhibit PP, # 18 Exhibit R, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X, # 24 Exhibit Y, # 25 Exhibit Z)(Dilger, Nathaniel) (Entered: 04/16/2010)
DECLARATION re MOTION IN LIMINE (#5) to Preclude Plaintiff From Presenting Evidence of Lost Profits MOTION IN LIMINE (#5) to Preclude Plaintiff From Presenting Evidence of Lost Profits 122 , Second MOTION IN LIMINE to Exclude At trial Non-Disclosure Agreements (NDAs) Between the partiesSecond MOTION IN LIMINE to Exclude At trial Non-Disclosure Agreements (NDAs) Between the parties 121 , MOTION IN LIMINE (#4) to Preclude Plaintiff from Relying on Untimely Documents or arguments based thereon MOTION IN LIMINE (#4) to Preclude Plaintiff from Relying on Untimely Documents or arguments based thereon 123 , MOTION IN LIMINE (#1) to Preclude Plaintiff's Expert Anders' Testimony Regarding Obviousness and Anticipation MOTION IN LIMINE (#1) to Preclude Plaintiff's Expert Anders' Testimony Regarding Obviousness and Anticipation 124 , Third MOTION IN LIMINE to Preclude Plaintiff from Introducing any testimony regarding Patent Infringement under the doctrine of Equivalents 120 and defendants' sixth motion in limine filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Dilger, Nathaniel) (Entered: 04/16/2010)
NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Preclude Plaintiff's Expert Anders' Testimony Regarding Obviousness and Anticipation filed by Defendant American Appliance Products, Inc., SSW Holding Company, Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order Granting Motion to Preclude Plaintiff's Expert Anders Testimony Regarding Obviousness and Anticipation)(Afrasiabi, Peter) (Entered: 04/16/2010)
NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Preclude Plaintiff from Relying on Untimely Documents or arguments based thereon filed by Defendant American Appliance Products, Inc., SSW Holding Company, Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order Granting Motion to Preclude Plaintiff from relying on untimely documents or arguments based thereon)(Afrasiabi, Peter) (Entered: 04/16/2010)
NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Preclude Plaintiff From Presenting Evidence of Lost Profits filed by Defendant American Appliance Products, Inc., SSW Holding Company, Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order Granting Motion in limine to preclude Plaintiff from presenting evidence of lost profits)(Afrasiabi, Peter) (Entered: 04/16/2010)
NOTICE OF MOTION AND Second MOTION IN LIMINE to Exclude At trial Non-Disclosure Agreements (NDAs) Between the parties filed by Defendant American Appliance Products, Inc., SSW Holding Company, Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order)(Dilger, Nathaniel) (Entered: 04/16/2010)
NOTICE OF MOTION AND Third MOTION IN LIMINE to Preclude Plaintiff from Introducing any testimony regarding Patent Infringement under the doctrine of Equivalents filed by Defendant American Appliance Products, Inc., SSW Holding Company, Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Proposed Order Proposed Order)(Dilger, Nathaniel) (Entered: 04/16/2010)
NOTICE OF MOTION AND Joint MOTION IN LIMINE (#6) to Exclude Evidence or Testimony Regarding Documents Not Disclosed by Defendants During Discovery filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson.(Zaitlen, Richard) (Entered: 04/16/2010)
NOTICE OF MOTION AND Joint MOTION IN LIMINE (#5) to Preclude Defendants From Presenting Their Inequitable Conduct Claim to the Jury filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson.(Zaitlen, Richard) (Entered: 04/16/2010)
NOTICE of Manual Filing filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc. of Ex Parte Application to File Under Seal, Proposed Order Granting Ex Parte to File Under Seal and Exhibits 11, 15, 18 and 42 to Declaration of Richard H. Zaitlen in Support of Accuride International Inc.'s Motion in Limine Nos. 1-9 and Oppositions to Defendants' Motions in Limine. (Zaitlen, Richard) (Entered: 04/16/2010)
NOTICE OF MOTION AND Joint MOTION IN LIMINE (#3) to Exclude Evidence or Testimony From Dr. McCarthy Regarding Anticipation or Obviousness filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson.(Zaitlen, Richard) (Entered: 04/16/2010)
NOTICE OF MOTION AND Joint MOTION IN LIMINE (#4) to Exclude Evidence or Testimony Regarding Anticipation filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson.(Zaitlen, Richard) (Entered: 04/16/2010)
NOTICE OF MOTION AND Joint MOTION IN LIMINE (#2) to Exclude Evidence or Testimony Regarding Incorrect Inventorship of the Patents-In-Suit filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson.(Zaitlen, Richard) (Entered: 04/16/2010)
NOTICE OF MOTION AND Joint MOTION IN LIMINE (#1) to Exclude Evidence or Testimony Regarding Product-To-Product Comparison in Regards to Infringement filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Percy Anderson.(Zaitlen, Richard) (Entered: 04/16/2010)
MINUTES OF IN CHAMBERS ORDER by Judge Percy Anderson: The final pretrial conference currently scheduled for April 16, 2010 is hereby continued to April 30, 2010 at 1:30 p.m. (pso) (Entered: 04/15/2010)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Contentions of Fact and Law 106 . The following error(s) was found: Local Rule 11-6 Memorandum brief exceeds 25 pages. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (pp) (Entered: 04/07/2010)
PROPOSED DISPUTED SPECAL VERDICT FORMS AND OBJECTIONS JURY VERDICT filed by Plaintiff and Counterdefendant Accuride International Inc.. (Leavitt, Jenna) (Entered: 04/05/2010)
NOTICE OF ERRATA filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. correcting Memorandum of Contentions of Fact and Law 106 (Attachments: # 1 Exhibit A - CORRECTED MEMORANDUM OF CONTENTIONS OF FACT AND LAW)(Leavitt, Jenna) (Entered: 04/03/2010)
OBJECTIONS Accuride International Inc.'s Index of Deposition Designations and Objections Thereto filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Leavitt, Jenna) (Entered: 04/02/2010)
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc.. (Dilger, Nathaniel) (Entered: 04/02/2010)
JOINT STATUS REPORT of Settlement filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Leavitt, Jenna) (Entered: 04/02/2010)
Notice of Withdrawal of Ex Parte Application for Order, 93 filed by defendants/counterclaimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Afrasiabi, Peter) (Entered: 03/17/2010)
STATEMENT of NOTICE BY ACCURIDE INTERNATIONAL INC. OF RESOLUTION OF MATTERS SET FORTH IN DEFENDANTS' EX PARTE APPLICATION FOR AN ORDER TO STRIKE CERTAIN INDIVIDUALS FROM PLAINTIFF'S SUPPLEMENTAL DISCLOSURES, OR IN THE ALTERNATIVE, COMPEL THEIR DEPOSITIONS EX PARTE APPLICATION for Order for to Strike Certain Individuals from Plaintiff's Supplemental Disclosures, or in the Alternative, Compel their Depositions 93 filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Zaitlen, Richard) (Entered: 03/16/2010)
DECLARATION of Peter R. Afrasiabi in support of EX PARTE APPLICATION for Order for to Strike Certain Individuals from Plaintiff's Supplemental Disclosures, or in the Alternative, Compel their Depositions 93 filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Afrasiabi, Peter) (Entered: 03/15/2010)
MEMORANDUM in Support of EX PARTE APPLICATION for Order for to Strike Certain Individuals from Plaintiff's Supplemental Disclosures, or in the Alternative, Compel their Depositions 93 filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Afrasiabi, Peter) (Entered: 03/15/2010)
EX PARTE APPLICATION for Order for to Strike Certain Individuals from Plaintiff's Supplemental Disclosures, or in the Alternative, Compel their Depositions filed by defendants/counterclaimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Attachments: # 1 Proposed Order)(Afrasiabi, Peter) (Entered: 03/15/2010)
NOTICE of Change of Attorney Information for attorney Carolyn Sing Toto counsel for Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. Adding Carolyn S. Toto as attorney as counsel of record for Accuride International Inc. for the reason indicated in the G-06 Notice. Filed by plaintiff Accuride International Inc. (Toto, Carolyn) (Entered: 03/12/2010)
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Before the Court are four MOTIONS for Summary Judgment: Cross-Motions by Plaintiff and Defendants on the Issue of patent infringement (Docket Nos. 53 and 56 ), Defendants Motion for Summary Judgment on the issue of Patent Invalidity (Docket No. 54 ), and Plaintiff's Motion for Summary Judgment on the Issue of Inequitable Conduct (Docket No. 63 ). Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court finds that these matters are appropriate for decision without oral argument. The hearing calendared for 3/15/2010, is VACATED, and the matter taken OFF CALENDAR. Plaintiffs Petition for Order Authorizing Demonstratives in the Courtroom (Docket No. 89 ) is DENIES AS MOOT. (jp) (Entered: 03/11/2010)
MINUTES OF IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Plaintiff Accuride International Inc.'s Ex Parte Application for an Order to Strike Confidential Documents and to Redact and/or File Under Seal 85 is denied. Court Reporter: N/A. (gk) (Entered: 03/10/2010)
ACCURIDE INTERNATIONAL INC.'S PETITION FOR ORDER AUTHORIZING DEMONSTRATIVES IN THE COURTROOM FOR THE HEARING ON ALL MOTIONS FOR SUMMARY JUDGMENT re MOTION for Summary Judgment as to Invalidity Notice of Motion and Motion for Summary Judgment of Invalidity 54 , MOTION for Partial Summary Judgment as to of no Inequitable Conduct Notice of Motion and Motion for Partial Summary Judgment of No Inequitable Conduct 63 , MOTION for Summary Judgment as to Infringement Notice of Motion and Motion for Summary Judgment of Infringement 53 , MOTION for Summary Judgment as to Non-Infringement Notice of Motion and Motion for Summary Judgment of Non-Infringement 56 filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Attachments: # 1 Proposed Order Authorizing Accuride to Bring Demonstratives into the Courtroom for the Hearing on All Motions for Summary Judgment)(Zaitlen, Richard) (Entered: 03/09/2010)
ACCURIDE INTERNATIONAL INC.'S OPPOSITION TO DEFENDANTS' OBJECTIONS TO UNTIMELY REPLY DECLARATION OF JOHN ANDERS AND ARGUMENTS BASED THEREON, AND MOTION TO STRIKE re MOTION for Summary Judgment as to Infringement Notice of Motion and Motion for Summary Judgment of Infringement 53 filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Zaitlen, Richard) (Entered: 03/09/2010)
OBJECTION and MOTION TO STRIKE Untimely Reply Declaration of John Anders and Arguments made thereon re: MOTION for Summary Judgment as to Infringement Notice of Motion and Motion for Summary Judgment of Infringement 53 filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Attachments: # 1 Proposed Order)(Dilger, Nathaniel) (Entered: 03/08/2010)
EX PARTE APPLICATION to Strike Confidential Documents re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 60 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 70 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 79 Plaintiff and Counterdefendant Accuride International Inc.'s Ex Parte Application for an Order to Strike Confidential Documents and to Redact and/or File Under Seal filed by Plaintiff and Counterdefendant Accuride International Inc.. (Attachments: # 1 Memorandum Memorandum of Points and Authorities in Support of Plaintiff and Counterdefendant Accuride International Inc.'s Ex Parte Application for an Order to Strike Confidential Documents and to Redact and/or File Under Seal, # 2 Declaration Declaration of Richard H. Zaitlen in Support of Plaintiff and Counterdefendant Accuride International Inc.'s Ex Parte Application for an Order to Strike Confidential Documents and to Redact and/or File Under Seal, # 3 Proposed Order To Strike Confidential Documents and to Redact and/or File Under Seal)(Zaitlen, Richard) (Entered: 03/05/2010)
NOTICE of Change of Attorney Information for attorney Imran Farooq Vakil counsel for Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. Changing address to 4000 MacArthur Boulevard, West Tower, Suite 1100, Newport Beach, CA 92660. Changing fax number to 949-258-5081. Filed by defendants SSW Holding Company, Inc. and American Appliance Products, Inc. (Vakil, Imran) (Entered: 03/03/2010)
NOTICE of Change of Attorney Information for attorney Peter R Afrasiabi counsel for Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. Changing address to 4000 MacArthur Boulevard, West Tower, Suite 1100, Newport Beach, CA 92660. Changing fax number to 949-258-5081. Filed by defendants SSW Holding Company, Inc. and American Appliance Products, Inc. (Afrasiabi, Peter) (Entered: 03/03/2010)
NOTICE of Change of Attorney Information for attorney Nathaniel L Dilger counsel for Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. Changing address to 4000 MacArthur Boulevard, West Tower, Suite 1100, Newport Beach, CA 92660. Changing fax number to 949-258-5081. Filed by defendants SSW Holding Company, Inc. and American Appliance Products, Inc. (Dilger, Nathaniel) (Entered: 03/03/2010)
REPLY Reply in Support MOTION for Partial Summary Judgment as to of no Inequitable Conduct Notice of Motion and Motion for Partial Summary Judgment of No Inequitable Conduct 63 filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Attachments: # 1 Declaration DECLARATION OF RICHARD H. ZAITLEN IN SUPPORT OF ACCURIDE INTERNATIONAL INC.S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OF INFRINGEMENT AND MOTION FOR PARTIAL SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT, # 2 Exhibit Exhibits 10-19 To Zaitlen Declaration, # 3 ACCURIDE INTERNATIONAL INC.S RESPONSE TO DEFENDANTS STATEMENT OF GENUINE ISSUES OF MATERIAL FACT AND ADDITIONAL STATEMENTS OF UNCONTROVERTED FACTS IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT, # 4 PLAINTIFF ACCURIDE INTERNATIONAL INC.S OBJECTIONS TO EVIDENCE RE DEFENDANTS OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT)(Zaitlen, Richard) (Entered: 03/01/2010)
REPLY In Support MOTION for Summary Judgment as to Infringement Notice of Motion and Motion for Summary Judgment of Infringement 53 filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Attachments: # 1 Accuride International Inc.'s Response to Defendants' Statement of Genuine Issues of Material Fact and Additional Statements of Uncontroverted Facts In Support of Motion for Summary Judgment of Infringement, # 2 Accuride International Inc.'s Objections to Evidence Re Defendants' Opposition to Motion for Summary Judgment of Infringement, # 3 Declaration of Robert John Anders In Support of Accuride International Inc.'s Reply to Defendants' Opposition to Motion for Summary Judgment of Infringement, # 4 Accuride International Inc.'s Petition for Order Authorizing Demonstratives in the Courtroom for the Hearing on Its Motion for Summary Judgment of Infringement, # 5 Proposed Order)(Zaitlen, Richard) (Entered: 03/01/2010)
DECLARATION of Nathaniel L. Dilger in support of MOTION for Summary Judgment as to Invalidity Notice of Motion and Motion for Summary Judgment of Invalidity 54 , MOTION for Summary Judgment as to Non-Infringement Notice of Motion and Motion for Summary Judgment of Non-Infringement 56 THIRD Declaration of Nathaniel L. Dilger in Support of Defendants' Motions for Summary Judgment filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Attachments: # 1 Exhibit SS, # 2 Exhibit TT, # 3 Exhibit UU)(Dilger, Nathaniel) (Entered: 03/01/2010)
RESPONSE IN SUPPORT of MOTION for Summary Judgment as to Non-Infringement Notice of Motion and Motion for Summary Judgment of Non-Infringement 56 RESPONSE to Accuride's Statement of Alleged Facts and Reply Statement of Undisputed Facts RE: Non-Infringement filed by Defendant American Appliance Products, Inc., Counter Claimant American Appliance Products, Inc.. (Dilger, Nathaniel) (Entered: 03/01/2010)
REPLY in support of MOTION for Summary Judgment as to Non-Infringement Notice of Motion and Motion for Summary Judgment of Non-Infringement 56 filed by Defendant American Appliance Products, Inc., Counter Claimant American Appliance Products, Inc.. (Dilger, Nathaniel) (Entered: 03/01/2010)
RESPONSE IN SUPPORT of MOTION for Summary Judgment as to Invalidity Notice of Motion and Motion for Summary Judgment of Invalidity 54 RESPONSE to Accuride's Statement of Alleged Facts and Reply Statement of Undisputed Facts RE: Invalidity filed by Counter Claimant SSW Holding Company, Inc., Defendant SSW Holding Company, Inc.. (Dilger, Nathaniel) (Entered: 03/01/2010)
REPLY in support of MOTION for Summary Judgment as to Invalidity Notice of Motion and Motion for Summary Judgment of Invalidity 54 filed by Counter Claimant SSW Holding Company, Inc., Defendant SSW Holding Company, Inc.. (Dilger, Nathaniel) (Entered: 03/01/2010)
Joint STIPULATION to Continue Pretrial Conference Date and Trial Date from April 16, 2010 and May 18, 2010, respectively to June 14, 2010 and July 13, 2010 filed by defendants American Appliance Products, Inc., SSW Holding Company, Inc.. (Attachments: # 1 Proposed Order)(Dilger, Nathaniel) (Entered: 02/25/2010)
DECLARATION of Richard H. Zaitlen in opposition to MOTION for Summary Judgment as to Invalidity Notice of Motion and Motion for Summary Judgment of Invalidity 54 , MOTION for Summary Judgment as to Non-Infringement Notice of Motion and Motion for Summary Judgment of Non-Infringement 56 filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Zaitlen, Richard) (Entered: 02/23/2010)
MEMORANDUM in Opposition to MOTION for Summary Judgment as to Invalidity Notice of Motion and Motion for Summary Judgment of Invalidity 54 filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Attachments: # 1 Accuride International Inc.'s Statement of Genuine Issues of Material Fact In Opposition to SSW Holding Company, Inc.'s Motion for Summary Judgment of Invalidity, # 2 Proposed Order)(Zaitlen, Richard) (Entered: 02/23/2010)
MEMORANDUM in Opposition to MOTION for Summary Judgment as to Non-Infringement Notice of Motion and Motion for Summary Judgment of Non-Infringement 56 filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Attachments: # 1 Accuride International Inc.'s Response to AAP's Statement of of Alleged Facts and Additional Statement of Genuine Issues of Material Fact Re Non-Infringement, # 2 Proposed Order)(Zaitlen, Richard) (Entered: 02/23/2010)
OPPOSITION in opposition to re: MOTION for Summary Judgment as to Infringement Notice of Motion and Motion for Summary Judgment of Infringement 53 filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Dilger, Nathaniel) (Entered: 02/22/2010)
OPPOSITION to MOTION for Partial Summary Judgment as to of no Inequitable Conduct Notice of Motion and Motion for Partial Summary Judgment of No Inequitable Conduct 63 Defendant's RESPONSE to Accuride's Statement of Alleged Facts and Additional Statement of GEnuine Issues of Material Fact RE: Inequitable Conduct filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Dilger, Nathaniel) (Entered: 02/22/2010)
OPPOSITION in opposition to re: MOTION for Summary Judgment as to Infringement Notice of Motion and Motion for Summary Judgment of Infringement 53 filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Dilger, Nathaniel) (Entered: 02/22/2010)
OPPOSITION to MOTION for Summary Judgment as to Infringement Notice of Motion and Motion for Summary Judgment of Infringement 53 RESPONSE to Accuride's Statement of Alleged Facts and Additional Statement of Genuine Issues of Material Fact Re: Infringement filed by Defendants American Appliance Products, Inc., SSW Holding Company, Inc., Counter Claimants American Appliance Products, Inc., SSW Holding Company, Inc.. (Dilger, Nathaniel) (Entered: 02/22/2010)
MEMORANDUM in Support of MOTION for Partial Summary Judgment as to of no Inequitable Conduct Notice of Motion and Motion for Partial Summary Judgment of No Inequitable Conduct 63 Memorandum of Points and Authorities in Support of Accuride International Inc.'s Motion for Partial Summary Judgment of No Inequitable Conduct filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Attachments: # 1 Accuride International Inc.'s Separate Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Partial Summary Judgment of No Inequitable Conduct, # 2 Proposed Order Granting Accuride International Inc.'s Motion for Partial Summary Judgment of No Inequitable Conduct)(Zaitlen, Richard) (Entered: 02/12/2010)
NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to of no Inequitable Conduct Notice of Motion and Motion for Partial Summary Judgment of No Inequitable Conduct filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 3/15/2010 at 01:30 PM before Judge Percy Anderson. (Zaitlen, Richard) (Entered: 02/12/2010)
MEMORANDUM in Support of MOTION for Summary Judgment as to Non-Infringement Notice of Motion and Motion for Summary Judgment of Non-Infringement 56 filed by Counter Claimant American Appliance Products, Inc., Defendant American Appliance Products, Inc.. (Attachments: # 1 Summary of Uncontroverted Facts and Conclusions of Law in support of Motion for Summary Judgment of Non-Infringement, # 2 Proposed Order)(Dilger, Nathaniel) (Entered: 02/12/2010)
MEMORANDUM in Support of MOTION for Summary Judgment as to Invalidity Notice of Motion and Motion for Summary Judgment of Invalidity 54 filed by Defendant SSW Holding Company, Inc., Counter Claimant SSW Holding Company, Inc.. (Attachments: # 1 Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment of Invalidity, # 2 Proposed Order)(Dilger, Nathaniel) (Entered: 02/12/2010)
DECLARATION of Richard H. Zaitlen in support of MOTION for Summary Judgment as to Infringement Notice of Motion and Motion for Summary Judgment of Infringement 53 Declaration of Richard H. Zaitlen in Support of Accuride International Inc.'s Motion for Summary Judgment of Infringement filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Attachments: # 1 Exhibit 1-4, Pages 98-106 to Declaration of Richard H. Zaitlen in Support of Accuride International Inc.'s Motion for Summary Judgment of Infringement, # 2 Exhibit 4, Pages 107-129 to Declaration of Richard H. Zaitlen in Support of Accuride International Inc.'s Motion for Summary Judgment of Infringement)(Zaitlen, Richard) (Entered: 02/12/2010)
DECLARATION of Brad Nall in support of MOTION for Summary Judgment as to Invalidity Notice of Motion and Motion for Summary Judgment of Invalidity 54 , MOTION for Summary Judgment as to Non-Infringement Notice of Motion and Motion for Summary Judgment of Non-Infringement 56 filed by Defendants SSW Holding Company, Inc., American Appliance Products, Inc., Counter Claimants SSW Holding Company, Inc., American Appliance Products, Inc.. (Dilger, Nathaniel) (Entered: 02/12/2010)
DECLARATION of Dr. J. Michael McCarthy in support of MOTION for Summary Judgment as to Invalidity Notice of Motion and Motion for Summary Judgment of Invalidity 54 , MOTION for Summary Judgment as to Non-Infringement Notice of Motion and Motion for Summary Judgment of Non-Infringement 56 filed by Defendants SSW Holding Company, Inc., American Appliance Products, Inc., Counter Claimants SSW Holding Company, Inc., American Appliance Products, Inc.. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(Dilger, Nathaniel) (Entered: 02/12/2010)
NOTICE OF MOTION AND MOTION for Summary Judgment as to Non-Infringement Notice of Motion and Motion for Summary Judgment of Non-Infringement filed by defendant/counterclaimant American Appliance Products, Inc.. Motion set for hearing on 3/15/2010 at 01:30 PM before Judge Percy Anderson. (Dilger, Nathaniel) (Entered: 02/12/2010)
MEMORANDUM in Support of MOTION for Summary Judgment as to Infringement Notice of Motion and Motion for Summary Judgment of Infringement 53 Memorandum of Points and Authorities in Support of Accuride International Inc.'s Motion for Summary Judgment of Infringement filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Attachments: # 1 Accuride International Inc.'s Separate Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment of Infringement, # 2 Proposed Order Granting Accuride International Inc.'s Motion for Summary Judgment of Infringement)(Zaitlen, Richard) (Entered: 02/12/2010)
NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity Notice of Motion and Motion for Summary Judgment of Invalidity filed by defendant/counterclaimant SSW Holding Company, Inc.. Motion set for hearing on 3/15/2010 at 01:30 PM before Judge Percy Anderson. (Dilger, Nathaniel) (Entered: 02/12/2010)
NOTICE OF MOTION AND MOTION for Summary Judgment as to Infringement Notice of Motion and Motion for Summary Judgment of Infringement filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 3/15/2010 at 01:30 PM before Judge Percy Anderson. (Zaitlen, Richard) (Entered: 02/12/2010)
Joint REQUEST for Leave to to File Two Summary Judgment Motions filed by defendants/counterclaimants SSW Holding Company, Inc., American Appliance Products, Inc.. (Attachments: # 1 Proposed Order)(Dilger, Nathaniel) (Entered: 02/12/2010)
NOTICE of Appearance filed by attorney William J O'Brien on behalf of Defendants SSW Holding Company, Inc., American Appliance Products, Inc., Counter Claimants SSW Holding Company, Inc., American Appliance Products, Inc. (O'Brien, William) (Entered: 01/14/2010)
MINUTES (IN CHAMBERS): by Magistrate Judge Patrick J. Walsh: granting in part and denying in part 44 Motion to Compel. The Court has reviewed 14 redacted documents submitted in camera by Plaintiff. The Court has also considered Plaintiffs brief, in which it argues that the redacted portions of the documents contain attorney-client privilege or work product material and are not subject to disclosure. For the following reasons, the Court upholds Plaintiffs claim of attorney-client privilege and work product protection as to all but the first document. As to that document, the Court concludes that neither protection applies and orders Plaintiff to produce an unredacted version of the document no later than January 21, 2010. Although Plaintiff has submitted 14 documents for the Courts review, it only identifies 13 documents in its brief. The unidentified document is the document that the Court finds is not subject to protection. This document is an e-mail dated July 13, 2007, from Alexander Starr to Gilles Olivier and Frank Gerk. Plaintiff has redacted five sentences from this e-mail. Presumably, Plaintiff believes that these sentences contain work product material, since neither Starr, Olivier, or Gerk are lawyers. Plaintiff generally argues that the work product doctrine protects documents prepared by employees of the company if the document was prepared because of litigation. (Brief at 3-4.) For this proposition, Plaintiff cites In re Grand Jury Subpoena (Torf), 350 F.3d 1010, 1016 (9th Cir. 2003).At the outset, the Court notes that the facts in Torf are not even remotely similar to the facts herein. In Torf, a company that was being investigated by the federal government for criminal violations hired a lawyer to defend it. In re Grand Jury (Torf) II, 357 F.3d at 904. The lawyer hired Torf, an environmental consultant, to conduct an investigation to determine the companys exposure and to assist in regulatory filings with the federal government to guard against future violations. Id. Thereafter, a grand jury investigating the company issued a subpoena to Torf to obtain documents relating to his investigation. Id. The company objected, arguing that the documents were work product because they were created in anticipation of litigation. The Ninth Circuit agreed. It found that the investigation and other work by Torf was because of the pending criminal investigation and would not have been generated otherwise. Id. at 907-10. The court explained that, in analyzing work product claims, the district courts should look at the totality of the circumstances and afford protection where it can be fairly said that a document would not have been created absent the prospect of litigation. Id. at 908. The court emphasized that the nature of the document and the factual situation of the particular case are key to determining if work product applies. The facts in the case at bar are different. The five sentences Plaintiff wishes to withhold from the Defendant are between employees and were made in the context of a discussion regarding sales and marketing of one of Plaintiffs products to Defendant. Looking at the totality of the circumstances, it cannot fairly be said that the document would not have been created absent the prospect of litigation. In fact, it appears that this email in general, and these sentences in particular, had nothing to do with litigation or the prospect of litigation, but merely expressed what one salesperson believed might be an effective scheme to prod Defendant to do business with Plaintiff. For these reasons, no work product protection applies and Plaintiff is ordered to turn over the document unredacted no later than January 21, 2010, unless Plaintiff elects to appeal the Courts decision, in which case, the Courts order is stayed pending a decision by the district judge. Id. Finally, in footnote three of its brief, Plaintiff asks the Court to order that a document identified as AC 1720, which it has already produced to Defendant in unredacted form, be ordered redacted. This, the Court declines to do. Plaintiff fails to explain the circumstances surrounding the inadvertent disclosure of the document or why Defendant should have to ignore the information it has already gleaned from the document. For these reasons, that request is denied. (im) (Entered: 01/11/2010)
NOTICE OF MOTION AND MOTION to Supplement re MOTION to Compel Production of Documents 34 Supplemental Memorandum in Support of Motion to Compel filed by defendants SSW Holding Company, Inc., American Appliance Products, Inc.. (Dilger, Nathaniel) (Entered: 01/07/2010)
MINUTES OF TELEPHONIC STATUS CONFERENCE RE: OUTSTANDING DISCOVERY ISSUES held before Magistrate Judge Patrick J. Walsh. The Court confers with counsel regarding the deposition of several witnesses. It appears that the parties have resolved their differences regarding all but one, Markus Geberzahn. The Court sets a status conference for January 7, 2010 at 2:30 p.m. to discuss progress on arranging for that deposition. As to the parties' dispute regarding documents Plaintiff alleges are privileged, the Court orders Plaintiff's counsel to submit the documents in dispute in camera along with a short brief, not to exceed five pages, no later than 5:00 p.m. January 4, 2010. Defendants may file a brief no later than 5:00 p.m. January 11, 2010. The Court will thereafter issue a ruling on the matter. Court Recorder: CS 12/21/2009. (ag) (Entered: 12/22/2009)
MINUTES OF Telephone Conference held before Magistrate Judge Patrick J. Walsh: Re: 1) Defendants Motion to Compel Depositions (Docket No. 33.) 2) Defendants Motion to Compel Production of Documents (Docket No. 34.) 3) Plaintiffs Motion to Compel Production of Documents (Docket No. 41.) 4) Defendants Motion to Compel Production of Damages-Related Documents (Docket No. 44.) The Court takes the motions under submission and sets a Status Conference for December 21, 2009, at 3:30 p.m. The Court encourages the parties to work out their differences before the Status Conference.Court Recorder: 11/30/09. (im) (Entered: 12/04/2009)
JOINT APPLICATION TO FILE DOCUMENTS UNDER SEAL PURSUANT TO PROTECTIVE ORDER filed by defendants and cross-complainants SSW Holding Company, Inc., American Appliance Products, Inc.. (ag) (Entered: 12/01/2009)
NOTICE of Manual Filing filed by Defendants SSW Holding Company, Inc., American Appliance Products, Inc., Counter Claimants SSW Holding Company, Inc., American Appliance Products, Inc. of Joint Stipulation re: Motion to Compel Production of Damages-Related Documents; Application and [Proposed] Order to File Under Seal. (Dilger, Nathaniel) (Entered: 11/25/2009)
NOTICE OF MOTION AND MOTION to Compel Production of Damages-Related Documents filed by defendants SSW Holding Company, Inc., American Appliance Products, Inc.. Motion set for hearing on 12/17/2009 at 11:00 AM before Magistrate Judge Patrick J. Walsh. (Attachments: # 1 Proposed Order)(Dilger, Nathaniel) (Entered: 11/25/2009)
SUPPLEMENT to MOTION to Compel Production of Documents 34 Supplemental Memorandum in Support of Motion to Compel Production of Documents filed by Defendants SSW Holding Company, Inc., American Appliance Products, Inc., Counter Claimants SSW Holding Company, Inc., American Appliance Products, Inc.. (Attachments: # 1 Exhibit V, # 2 Exhibit W)(Dilger, Nathaniel) (Entered: 11/19/2009)
SUPPLEMENT to MOTION to Compel Deposition of Markus Geberzahn, Klaus Dobberstein, and Peter Bayles 33 Supplemental Memorandum in Support of Motion to Compel Depositions filed by Defendants SSW Holding Company, Inc., American Appliance Products, Inc., Counter Claimants SSW Holding Company, Inc., American Appliance Products, Inc.. (Dilger, Nathaniel) (Entered: 11/19/2009)
NOTICE OF MOTION AND MOTION to Supplement Joint Stipulation Re: SSW's Motion to Compel Accuride's Production of Documents re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) 35 , MOTION to Compel Production of Documents 34 Supplemental Memorandum of Law filed by Plaintiff and Counterdefendant Accuride International Inc.. Motion set for hearing on 12/3/2009 at 11:00 AM before Magistrate Judge Patrick J. Walsh. (Zaitlen, Richard) (Entered: 11/19/2009)
ANSWER TO DEFENDANTS SSW HOLDING COMPANY, INC.'S AND AMERICAN APPLIANCE PRODUCTS, INC.'S AMENDED COUNTERCLAIMS filed by plaintiff and counterdefendant Accuride International Inc..(Leavitt, Jenna) (Entered: 11/16/2009)
JOINT APPLICATION TO FILE DOCUMENTS UNDER SEAL; JOINT STIPULATION RE: MOTION TO COMPEL, DEPOSITIONS; JOINT STIPULATION RE: MOTION TO COMPEL PRODUCTION OF DOCUMENTS filed by Defendants SSW Holding Company, Inc., American Appliance Products, Inc.. (rp) (Entered: 11/10/2009)
APPLICATION TO FILE DOCUMENTS UNDER SEAL PURSUANT TO PROTECTIVE ORDER filed by Defendants SSW Holding Company, Inc., American Appliance Products, Inc.. Lodged Proposed Order. (rp) (Entered: 11/10/2009)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Case number is incorrect re: Notice of Manual Filing (G-92) 35 . 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. (jre) (Entered: 11/09/2009)
NOTICE of Manual Filing filed by Defendants SSW Holding Company, Inc., American Appliance Products, Inc., Counter Claimants SSW Holding Company, Inc., American Appliance Products, Inc. of Joint Stipulation re: Motion to Compel Depositions; Joint Stipulation Re Motion to Compel Production; Application and [Proposed] Order to File Under Seal. (Dilger, Nathaniel) (Entered: 11/06/2009)
NOTICE OF MOTION AND MOTION to Compel Production of Documents filed by defendants SSW Holding Company, Inc., American Appliance Products, Inc.. Motion set for hearing on 12/3/2009 at 11:00 AM before Magistrate Judge Patrick J. Walsh. (Attachments: # 1 Proposed Order)(Dilger, Nathaniel) (Entered: 11/06/2009)
NOTICE OF MOTION AND MOTION to Compel Deposition of Markus Geberzahn, Klaus Dobberstein, and Peter Bayles filed by defendants SSW Holding Company, Inc., American Appliance Products, Inc.. Motion set for hearing on 12/3/2009 at 11:00 AM before Magistrate Judge Patrick J. Walsh. (Attachments: # 1 Proposed Order)(Dilger, Nathaniel) (Entered: 11/06/2009)
MINUTES (IN CHAMBERS)ORDER by Judge Percy Anderson: Before the Court is a Motion for Leave to Amend Answer and Counterclaims filed by Defendants SSW Holding Company, Inc. and American Appliance Products, Inc. 26 . Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing scheduled for October 26,2009 is vacated, and the matter taken off calendar.Because Defendants have adequately pled inequitable conduct under Rule 9(b), allowing amendment to the answer and counterclaims would not be futile. Therefore, the Court grants Defendants' Motion for Leave to Amend and orders the Clerk to file Defendants proposed amended answer and counterclaims. Plaintiff shall file its responses, if any, by November 16, 2009. (jre) Modified on 10/26/2009 (jre). (Entered: 10/26/2009)
REPLY in support of Motion for Leave to Amend MOTION for Leave to Amend Answer and Counterclaims 26 filed by Defendant SSW Holding Company, Inc.. (Afrasiabi, Peter) (Entered: 10/12/2009)
ORDER by Judge Percy Anderson re: Stipulation to Continue 27 . Court ORDERS that the 10/19/2009 deadline for hearing motions to amend pleadings or to add parties and the hearing currently set for Defendants' Motion for Leave to Amend to add inequitable conduct as an affirmative defense and counterclaim are both continued from 10/19/2009 to 10/26/2009 at 1:30 pm. The opposition and reply papers for Defendants' Motion for Leave to Amend shall remain due as originally noticed, i.e., 10/5/2009 and 10/12/2009, respectively. (kpa) (Entered: 10/06/2009)
DECLARATION of Richard H. Zaitlen in opposition to MOTION for Leave to Amend Answer and Counterclaims 26 Declaration of Richard H. Zaitlen in Support of Accuride International Inc.'s Memorandum in Opposition to Defendants' Motion for Leave to Amend Their Answer and Counterclaims filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Zaitlen, Richard) (Entered: 10/05/2009)
MEMORANDUM in Opposition to MOTION for Leave to Amend Answer and Counterclaims 26 Accuride International Inc.s Memorandum in Opposition to Defendants Motion for Leave to Amend Their Answer and Counterclaims filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc.. (Zaitlen, Richard) (Entered: 10/05/2009)
Joint STIPULATION to Continue Defendants' Motion for Leave to Amend from October 19, 2009 to October 26, 2009 Re: MOTION for Leave to Amend Answer and Counterclaims 26 filed by Plaintiff and Counterdefendant Accuride International Inc.. (Attachments: # 1 Proposed Order to Continue the Hearing Date for Defendants' Motion for Leave to Amend)(Leavitt, Jenna) (Entered: 10/02/2009)
NOTICE OF MOTION AND MOTION for Leave to Amend Answer and Counterclaims filed by defendants/counterclaimants SSW Holding Company, Inc., American Appliance Products, Inc.. Motion set for hearing on 10/19/2009 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Memorandum of Points & Authorities, # 2 Proposed Order)(Dilger, Nathaniel) (Entered: 09/28/2009)
NOTICE of Change of Attorney Information for attorney Nathaniel L Dilger counsel for Defendants SSW Holding Company, Inc., American Appliance Products, Inc., Counter Claimants SSW Holding Company, Inc., American Appliance Products, Inc.. Changing firm name to One LLP. Changing e-mail to ndilger@onellp.com. Filed by defendants/counter-claimants SSW Holding Company, Inc. and American Appliance Products, Inc (Dilger, Nathaniel) (Entered: 09/01/2009)
NOTICE of Change of Attorney Information for attorney Imran Farooq Vakil counsel for Defendants SSW Holding Company, Inc., American Appliance Products, Inc., Counter Claimants SSW Holding Company, Inc., American Appliance Products, Inc.. Changing firm name to One LLP. Changing e-mail to ivakil@onellp.com. Filed by defendants/counter-claimants SSW Holding Company, Inc. and American Appliance Products, Inc (Vakil, Imran) (Entered: 09/01/2009)
NOTICE of Change of Attorney Information for attorney Peter R Afrasiabi counsel for Defendants SSW Holding Company, Inc., American Appliance Products, Inc., Counter Claimants SSW Holding Company, Inc., American Appliance Products, Inc.. Changing firm name to One LLP. Changing e-mail to pafrasiabi@onellp.com. Filed by defendants/counter-claimants SSW Holding Company, Inc. and American Appliance Products, Inc (Afrasiabi, Peter) (Entered: 09/01/2009)
DISCLOSURE of Asserted Claims and Infringement Contentions filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc. (Attachments: # 1 Exhibit A)(Zaitlen, Richard) (Entered: 08/31/2009)
CIVIL TRIAL ORDER by Judge Percy Anderson: This matter is set for trial before the Honorable Percy Anderson, Courtroom No. 15 (1st Floor, Spring Street level), United States Courthouse, 312 North Spring Street, Los Angeles, California. The Courts procedures and requirements for civil trials are set forth in the order. Refer to document for details. (pso) (Entered: 08/04/2009)
SCHEDULING ORDER by Judge Percy Anderson: 1. Establishing a Discovery Cut-off Date of March 8, 2010; 2. Setting Motion Cutoff date of March 15, 2010; 3. Setting Final Pretrial Conference for April 16, 2010, at 1:30 p.m.; 4. Setting Jury Trial Date of May 18, 2010, at 9:00 a.m. Refer to document for details. (pso) (Entered: 08/04/2009)
MINUTES OF IN CHAMBERS - COURT ORDER by 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 7/27/2009 at 10:30 AM is hereby vacated, and the matter taken off calendar. Pursuant to the agreement of the parties, this matter has been referred to private mediation. The parties have 14 days to select a mediator who has no conflicts and is otherwise available to act as the settlement officer in this matter. Plaintiff shall serve on all parties and file with the Court a Disclosure of Asserted Claims and Infringement Contentions on or before 8/31/2009. Jury Trial set for 5/18/2010 09:00 AM before Judge Percy Anderson. File Final Trial Exhibit Stipulation 5/13/2010. Hearing on Motions in Limine and Hearing on Disputed Jury Instructions at 1:30 PM 5/10/2010. Final Pretrial Conference set for 4/16/2010 01:30 PM before Judge Percy Anderson. Motions in Limine to be filed by 4/16/2010. Proposed Voir Dire Questions & Agreed-to Statement of Case 4/16/2010. Lodge Pretrial Conference Order & Pretrial Exhibit Stipulation due by 4/2/2010. File Contentions of Fact & Law, Exhibit List due by 4/2/2010. Witness List due by 4/2/2010. Status Report Regarding Settlement due by 4/2/2010. File Agreed Upon Set of Instructions & Verdict Forms, File Joint Statement Regarding Disputed Instructions, Verdicts, etc. 4/2/2010. Last date to conduct settlement conference is 3/22/2010. Last Day for Hearing Motions 3/15/2010. Discovery cut-off 3/8/2010. Last Day for Hearing on Motion to Amend Pleadings or Add Parties 10/19/2009. Court Reporter: Not Reported. (gk) (Entered: 08/03/2009)
STIPULATION for Protective Order filed by plaintiff and counterdefendant Accuride International Inc.. (Attachments: # 1 Proposed Order Granting Stipulated Protective Order)(Zaitlen, Richard) (Entered: 07/27/2009)
JOINT REPORT Rule 26(f) Discovery Plan Joint 26(f) Report and Discovery Plan ; estimated length of trial 8 days, filed by Plaintiff Accuride International Inc., Counter Defendant Accuride International Inc... (Leavitt, Jenna) (Entered: 07/13/2009)
Accuride International Inc.'s ANSWER to Defendants SSW Holding Company, Inc.'s and American Appliance Products, Inc.'s Counterclaim and Demand for Jury Trial filed by Plaintiff and Counterdefendant Accuride International Inc..(Leavitt, Jenna) (Entered: 06/22/2009)
ANSWER to Complaint 1 ; and COUNTERCLAIMS against Accuride International Inc.; with Jury Demand filed by Defendants SSW Holding Company, Inc. and American Appliance Products, Inc. (gk) (gk). (Entered: 06/15/2009)
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Pursuant to General Order 08-02, initiating documents (including counterclaims) should be manually filed and a conformed, filed stamped copy should be emailed in PDF format to the CivilIntakeCourtDocs-LA@cacd.uscourts.gov RE: Defendants SSW Holding Company, Inc.'s and American Appliance Products, Inc.'s Answer to Complaint and Counterclaims filed 6/4/2009 7 . 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: 06/08/2009)
SCHEDULING ORDER by U.S. District Judge Percy Anderson. Setting Scheduling Conference set for 7/27/2009 at 10:30 a.m. The failure to submit a joint report in advance of the Scheduling Conference or the failure to attend the Scheduling Conference may result in the dismissal of the action, striking the answer and entering a default, and/or the imposition of sanctions. (pp) (Entered: 06/08/2009)
PROOF OF SERVICE filed by plaintiff Accuride International Inc., re Order, 4 Proof of Service By U.S. Mail on Judge's Standing Order served on June 5, 2009. (Byers, Stephen) (Entered: 06/08/2009)
NOTICE of Appearance filed by attorney Nathaniel L Dilger on behalf of Defendants SSW Holding Company, Inc., American Appliance Products, Inc. (Dilger, Nathaniel) (Entered: 06/04/2009)
NOTICE of Appearance filed by attorney Imran Farooq Vakil on behalf of Defendants SSW Holding Company, Inc., American Appliance Products, Inc. (Vakil, Imran) (Entered: 06/04/2009)
Certification as to Interested Parties of Interested Parties filed by Defendants SSW Holding Company, Inc., American Appliance Products, Inc., (Afrasiabi, Peter) (Entered: 06/04/2009)
PROOF OF SERVICE Executed by Plaintiff Accuride International Inc., upon American Appliance Products, Inc. served on 5/18/2009, answer due 6/7/2009. The Summons and Complaint were served by Personal service, by Federal statute, upon Mary Drummond, Agent Authorized to Accept Service. Due Dilligence declaration no. Original Summons returned. (Byers, Stephen) (Entered: 05/29/2009)
PROOF OF SERVICE Executed by Plaintiff Accuride International Inc., upon SSW Holding Company, Inc. served on 5/15/2009, answer due 6/4/2009. The Summons and Complaint were served by Personal service, by Federal statute, upon Scott LaScala, Agent Authorized to Accept Service. Due Dilligence declaration no. Original Summons returned. (Byers, Stephen) (Entered: 05/29/2009)
STANDING ORDER by Judge Percy Anderson: This action has been assigned to the calendar of Judge Percy Anderson. All counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. See document for further details. (gk) (Entered: 05/18/2009)
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