Kremerman v. Open Source Steel, LLC et al
| California Northern District Court | |
| Judge: | James Donato |
| Case #: | 5:17-cv-00306 |
| Nature of Suit | 830 Property Rights - Patent |
| Cause | 28:1338 Patent Infringement |
| Case Filed: | Jan 20, 2017 |
| Terminated: | Jun 16, 2017 |
| Last checked: Wednesday Jul 19, 2017 2:05 AM PDT |
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Defendant
James Dellay
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Represented By
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Defendant
Joshua Dellay
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Represented By
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Defendant
Open Source Steel, LLC
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Represented By
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Plaintiff
Elliot Kremerman
50 W. San Fernando St. Suite 1415 San Jose
San Jose, CA 95113 |
Represented By
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| Docket last updated: 1 hours ago |
| Friday, June 16, 2017 | ||
| 46 | 46
ORDER TRANSFERRING CASE. Signed by Judge James Donato on 6/16/2017. (jdlc1S, COURT STAFF) (Filed on 6/16/2017)
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| Friday, June 09, 2017 | ||
| 45 | 45
STIPULATION WITH PROPOSED ORDER Stipulation to Transfer Venue filed by James Dellay, Joshua Dellay, Open Source Steel, LLC.(Chang, Rick) (Filed on 6/9/2017)
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Att: 1
Proposed Order Proposed Order to Transfer Venue
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| Wednesday, May 31, 2017 | ||
| 44 | 44 ORDER re 43 Administrative Motion. The 34 motion to dismiss is stayed pending resolution of the venue issue. Defendants should file a venue motion by June 9, 2017, with an opposition deadline and hearing date as provided in the Local Rules and the Court's standing orders. Signed by Judge James Donato on 5/31/2017. (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 5/31/2017) | |
| Friday, May 26, 2017 | ||
| 43 | 43
ADMINISTRATIVE MOTION to File Supplemental Rule 12(b) Motion to Dismiss for Improper Venue filed by James Dellay, Joshua Dellay, Open Source Steel, LLC. Responses due by 5/30/2017.(Mathiowetz, Duane) (Filed on 5/26/2017)
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Att: 1
Declaration of Rick Chang,
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Att: 2
Exhibit A,
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Att: 3
Proposed Order
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| Wednesday, April 26, 2017 | ||
| 42 | 42 ADR Remark: ADR Phone Conference held by Howard Herman on 4/24/2017. (af, COURT STAFF) (Filed on 4/26/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) | |
| Tuesday, April 25, 2017 | ||
| 41 | 41 CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) , Set/Reset Deadlines as to34 MOTION to Dismiss Pursuant to Rule 12(B)(6) . Initial Case Management Conference set for 6/29/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco. Motion Hearing set for 6/29/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. (lrcS, COURT STAFF) (Filed on 4/25/2017) | |
| Monday, April 24, 2017 | ||
| 40 | 40
17
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REPLY filed byJames Dellay, Joshua Dellay, Open Source Steel, LLC. (Chang, Rick) (Filed on 4/24/2017)
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| Thursday, April 20, 2017 | ||
| 39 | 39
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JOINT CASE MANAGEMENT STATEMENT filed by Elliot Kremerman.(Good, Mark) (Filed on 4/20/2017)
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Att: 1
Certificate/Proof of Service
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| Monday, April 17, 2017 | ||
| 38 | 38
OPPOSITION/RESPONSE Opposition to Motion to Dismiss Pursuant to Rule 12(B)(6) filed byElliot Kremerman. (McDaniel, James) (Filed on 4/17/2017)
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| Wednesday, April 12, 2017 | ||
| 37 | 37
ADR Clerk's Notice Setting ADR Phone Conference on Monday, April 24, 2017, at 1:30 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 4/12/2017)
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| Monday, April 10, 2017 | ||
| 36 | 36
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NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) re35 ADR Clerk's Notice (Good, Mark) (Filed on 4/10/2017)
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| 35 | 35
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ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 4/10/2017)
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| Monday, April 03, 2017 | ||
| 34 | 34
MOTION to Dismiss Pursuant to Rule 12(B)(6) filed by James Dellay, Joshua Dellay, Open Source Steel, LLC. Motion Hearing set for 5/11/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 4/17/2017. Replies due by 4/24/2017.(Chang, Rick) (Filed on 4/3/2017)
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Att: 1
Proposed Order
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| 33 | 33
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (James Dellay) (Chang, Rick) (Filed on 4/3/2017)
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| 32 | 32
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Joshua Dellay) (Chang, Rick) (Filed on 4/3/2017)
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| 31 | 31
Statement of FRCP 7.1 Corporate Disclosure by Open Source Steel, LLC. (Chang, Rick) (Filed on 4/3/2017)
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| 30 | 30
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Good, Mark) (Filed on 4/3/2017)
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| 29 | 29
NOTICE of Appearance by Rick C. Chang (Chang, Rick) (Filed on 4/3/2017)
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| 28 | 28
NOTICE of Appearance by Duane H. Mathiowetz (Mathiowetz, Duane) (Filed on 4/3/2017)
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| Monday, March 27, 2017 | ||
| 27 | 27 Order re 20 Motion to Quash. In light of the second service of process on defendants, the motion to quash is moot and defendants may respond to the complaint by April 3, 2017. The Court declines to award attorney's fees or costs for defendants' motion. Signed by Judge James Donato on March 27, 2017. (This is a text-only entry. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 3/27/2017) | |
| Tuesday, March 21, 2017 | ||
| 26 | 26
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REPLY filed byJames Dellay, Joshua Dellay, Open Source Steel, LLC.(Mathiowetz, Duane) (Filed on 3/21/2017)
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Att: 1
2 pgs
Declaration of James Dellay,
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Att: 2
1 pgs
Proposed Order
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| Monday, March 20, 2017 | ||
| 25 | 25
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OPPOSITION/RESPONSE (SUPPLEMENT TO OPPOSITION) filed byElliot Kremerman.(Good, Mark) (Filed on 3/20/2017)
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Att: 1
Declaration James A. McDaniel in Support of Supplement to Opposition to Motion to Quash Services of Process
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| 24 | 24
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SUMMONS Returned Executed by Elliot Kremerman. Joshua Dellay served on 3/13/2017, answer due 4/3/2017. (Good, Mark) (Filed on 3/20/2017)
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| 23 | 23
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SUMMONS Returned Executed by Elliot Kremerman. Open Source Steel, LLC served on 3/13/2017, answer due 4/3/2017. (Good, Mark) (Filed on 3/20/2017)
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| 22 | 22
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SUMMONS Returned Executed by Elliot Kremerman. James Dellay served on 3/13/2017, answer due 4/3/2017. (Good, Mark) (Filed on 3/20/2017)
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| Tuesday, March 14, 2017 | ||
| 21 | 21
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OPPOSITION/RESPONSE and Declaration of Dionysuis New York-Edwards filed byElliot Kremerman.(Good, Mark) (Filed on 3/14/2017)
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Att: 1
Declaration
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| Tuesday, February 28, 2017 | ||
| 20 | 20
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MOTION to Quash Defective Service of Process (Dkt. Nos. 17,18,19); Memorandum of Points and Authorities ISO Motion filed by James Dellay, Joshua Dellay, Open Source Steel, LLC. Motion Hearing set for 3/30/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 3/14/2017. Replies due by 3/21/2017.(Mathiowetz, Duane) (Filed on 2/28/2017)
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Att: 1
2 pgs
Declaration of Rick Chang,
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Att: 2
3 pgs
Declaration of James Dellay,
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Att: 3
2 pgs
Declaration of Joshua Dellay,
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Att: 4
1 pgs
Proposed Order
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| Thursday, February 23, 2017 | ||
| 19 | 19
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SUMMONS Returned Executed by Elliot Kremerman. Open Source Steel, LLC served on 2/7/2017, answer due 2/28/2017. (Good, Mark) (Filed on 2/23/2017)
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| 18 | 18
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SUMMONS Returned Executed by Elliot Kremerman. Joshua Dellay served on 2/7/2017, answer due 2/28/2017. (Good, Mark) (Filed on 2/23/2017)
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| 17 | 17
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SUMMONS Returned Executed by Elliot Kremerman. James Dellay served on 2/9/2017, answer due 3/2/2017. (Good, Mark) (Filed on 2/23/2017)
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| Wednesday, February 08, 2017 | ||
| 16 | 16
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CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 4/27/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco. Case Management Statement due by 4/20/2017.. Signed by Judge James Donato on 2/8/17. (lrcS, COURT STAFF) (Filed on 2/8/2017)
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| Monday, February 06, 2017 | ||
| 15 | 15
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ORDER, Case reassigned to Judge James Donato. Magistrate Judge Sallie Kim no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 2/6/17.(haS, COURT STAFF) (Filed on 2/6/2017)
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Att: 1
1 pgs
Notice of Eligibility for Video Recording
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| 14 | 14 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 2/6/2017) | |
| Friday, February 03, 2017 | ||
| 13 | 13
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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Elliot Kremerman.. (Good, Mark) (Filed on 2/3/2017)
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| Tuesday, January 31, 2017 | ||
| 12 | 12
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Summons Issued as to James Dellay, Joshua Dellay, Open Source Steel, LLC.. (ysS, COURT STAFF) (Filed on 1/31/2017)
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| Monday, January 30, 2017 | ||
| 11 | 11
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Summons Returned Unexecuted by Elliot Kremerman as to James Dellay, Joshua Dellay, Open Source Steel, LLC. (Good, Mark) (Filed on 1/30/2017)
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| Friday, January 27, 2017 | ||
| 10 | 10
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Proposed Summons. (Good, Mark) (Filed on 1/27/2017)
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| 9 | 9
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Summons Issued as to James Dellay, Joshua Dellay, Open Source Steel, LLC.. (ysS, COURT STAFF) (Filed on 1/27/2017)
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| Thursday, January 26, 2017 | ||
| 8 | 8
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Proposed Summons. (Good, Mark) (Filed on 1/26/2017)
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| Monday, January 23, 2017 | ||
| 7 | 7
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REPORT on the filing or determination of an action regarding Patent (cc: form e-mailed to register). (ysS, COURT STAFF) (Filed on 1/23/2017)
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| 5 | 5 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/6/2017. (sv, COURT STAFF) (Filed on 1/23/2017) | |
| 4 | 4 CLERK'S NOTICE counsel to resubmit proposed summons. Document is not complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sv, COURT STAFF) (Filed on 1/23/2017) | |
| Friday, January 20, 2017 | ||
| 6 | 6
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/17/2017. Case Management Conference set for 4/24/2017 01:30 PM in Courtroom A, 15th Floor, San Francisco. (ysS, COURT STAFF) (Filed on 1/20/2017)
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misc
Status Report
Fri 01/20 5:00 PM
STATUS REPORT on the Filing or Determination of an Action Regarding a Patent or Trademark by Elliot Kremerman. (Good, Mark) (Filed on 1/20/2017) |
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misc
Proposed Summons
Fri 01/20 4:57 PM
Proposed Summons. (Good, Mark) (Filed on 1/20/2017) |
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cmp
Complaint
Fri 01/20 4:55 PM
COMPLAINT For Infringement of U.S. Patent Nos. D775,310 and D776,238, Federal False Designation of Origin and Unfair Competition, State Unfair Competition, and Unjust Enrichment against James Dellay, Joshua Dellay, Open Source Steel, LLC ( Filing fee $ 400, receipt number 0971-11092139.). Filed byElliot Kremerman.(Good, Mark) (Filed on 1/20/2017) |
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Att: 1
20 pgs
Exhibit A, B, C and D,
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Att: 2
1 pgs
Civil Cover Sheet
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