Case details

Court: cacd
Docket #: 2:07-cv-05931
Case Name: Wind Options, LLC v. Ram Industries, LLC et al
PACER case #: 396214
Date filed: 2007-09-12
Date terminated: 2009-01-09
Assigned to: Judge George H. King
Referred to: Magistrate Judge Alicia G. Rosenberg
Case Cause: 28:1332 Diversity-Breach of Contract
Nature of Suit: 195 Contract Product Liability
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Wind Options, LLC
Plaintiff
Frank W Nemecek
Nemecek & Cole 15260 Ventura Blvd, Ste 920 Sherman Oaks, CA 91403-5399 818-788-9500 Email: ncmail@nemecek-cole.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Vincent S Green
Nemecek and Cole 15260 Ventura Boulevard, Suite 920 Sherman Oaks, CA 91403-5344 818-788-9500 Fax: 818-501-0328 Email: vgreen@nemecek-cole.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ram Industries, LLC
Defendant
Arie L Spangler
Kring and Chung LLP 5897 Oberlin Dr Suite 210 Los Angeles, CA 92121-3771 858-866-0944 Fax: 858-866-0955 Email: aspangler@kringandchung.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James D Whooley
Milbank Tweed Hadley and McCloy LLP 601 South Figueroa Street 30th Floor Los Angeles, CA 90017 213-892-4000 Email: jwhooley@milbank.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Richard Blakely
Kring and Chung 3602 Inland Empire Boulevard Suite B208 Ontario, CA 91764-4900 909-941-3050 Fax: 909-941-4499 Email: jblakely@kringandchung.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John J Speicher
Leisawitz Heller Abramowitch Phillips PC 2755 Century Boulevard Wyomissing, PA 19610 610-372-3500 Email: jspeicher@leisawitzheller.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Linda Susan Dakin-Grimm
Milbank Tweed Hadley and McCloy LLP 601 S Figueroa Street 30th Floor Los Angeles, CA 90017-5735 213-892-4000 Email: ldakin-grimm@milbank.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Paul Mougin
Kring and Chung LLP 5897 Oberlin Drive Suite 210 San Diego, CA 92121-3771 858-866-0944 Fax: 858-866-0955 Email: rmougin@kringandchung.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Vannesa C Martinez
Milbank Tweed Hadley & McCloy 601 S Figueroa St 30Fl Los Angeles, CA 90017 (213) 892-4443
ATTORNEY TO BE NOTICED

Ram Industries, Inc
Defendant
a Pennsylvania Corporation TERMINATED: 12/05/2007
James D Whooley
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John J Speicher
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Linda Susan Dakin-Grimm
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tier Electronics, LLC
Defendant
TERMINATED: 11/18/2008
Christopher Blanchard
Akin Gump Strauss Hauer and Feld LLP 2029 Century Park East Suite 2400 Los Angeles, CA 90067 310-229-1000 Fax: 310-229-1001 Email: cblanchard@akingump.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hyongsoon Kim
Akin Gump Strauss Hauer and Feld 2029 Century Park Park East Ste 2400 Los Angeles, CA 90067 310-229-1000 Fax: 310-229-1001 Email: kimh@akingump.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeremy F Bollinger
Akin Gump Strauss Hauer and Feld LLP 2029 Century Park East Suite 2400 Los Angeles, CA 90067-3012 310-229-1000 Email: jbollinger@akingump.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Diversified Technology, Inc
Defendant
a Mississippi Corporation TERMINATED: 11/18/2008
Christopher Blanchard
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hyongsoon Kim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeremy F Bollinger
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ram Industries, LLC
Counter Claimant
James D Whooley
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John J Speicher
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Linda Susan Dakin-Grimm
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Vannesa C Martinez
(See above for address)
ATTORNEY TO BE NOTICED

Wind Options, LLC
Counter Defendant
Frank W Nemecek
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Vincent S Green
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-09-12 1 0 COMPLAINT against defendants Ram Industries, LLC, Ram Industries, Inc, Tier Electronics, LLC, Diversified Technology, Inc.(Filing fee $ 350)Fee Paid, filed by plaintiff Wind Options, LLC.(bb) (Entered: 09/18/2007)
2007-09-12 2 0 Certification and Notice of Interested Parties filed by Plaintiff Wind Options, LLC. (bb) (Entered: 09/18/2007)
2007-09-14 3 0 ORDER RE: CASE MANAGEMENT by Judge George H. King (Revised as of August 2007) Read Immediately (mg) (Entered: 09/18/2007)
2007-09-21 4 0 MINUTES by Judge George H. King : Plaintiff is ORDERED TO SHOW CAUSE, in wrtiting within TWELVE DAYS (10/3/2007), as to why this matter should not be remanded because this Court lacks subject matter jurisidiction. Failure to timely and adequately show cause as required herein shall be deemed Plaintiff's admission that this Court lacks subject matter jurisdiction. In that event, this action shall be dismissed. (bh) (Entered: 09/21/2007)
2007-09-19 5 0 NOTICE OF ORDER RE: CASE MANAGEMENT filed by plaintiff Wind Options, LLC. (mgra) (Entered: 09/21/2007)
2007-10-01 6 0 REQUEST FOR JUDICIAL NOTICE in support of plaintiff's ex parte application to extend time to reply to osc and ex parte application to shorten time to hear motion to compel early limited discovery filed by Plaintiff Wind Options, LLC. (wm) (Entered: 10/03/2007)
2007-10-01 7 0 REQUEST FOR JUDICIAL NOTICE in support of plaintiffs' motion to conduct early discovery filed by Plaintiff Wind Options, LLC. (wm) (Entered: 10/03/2007)
2007-10-01 8 0 DECLARATION of Vincent S. Green in support of motion for early limited discovery filed by Plaintiff Wind Options, LLC. (wm) (Entered: 10/03/2007)
2007-10-01 9 0 CERTIFICATE in support of application for order shortening time filed by Plaintiff Wind Options, LLC. (wm) (Entered: 10/03/2007)
2007-09-27 10 0 PROOF OF SERVICE Executed by plaintiff Wind Options, LLC, upon Diversified Technology, Inc served on 9/20/2007, answer due 10/10/2007. The Summons and Complaint were served by CERTIFIED MAIL service, by STATE statute, upon HENRY NORWOOD. Due Dilligence declaration NOT ATTACHED. Original Summons NOT RETURNED. (esa) (Entered: 10/04/2007)
2007-09-27 11 0 PROOF OF SERVICE Executed by plaintiff Wind Options, LLC, upon Tier Electronics, LLC served on 9/19/2007, answer due 10/9/2007. The Summons and Complaint were served by CERTIFIED MAIL service, by STATE statute, upon JANET GAUTHIU. Due Dilligence declaration NOT ATTACHED. Original Summons NOT RETURNED. (esa) (Entered: 10/04/2007)
2007-09-27 12 0 PROOF OF SERVICE Executed by plaintiff Wind Options, LLC, upon Ram Industries, LLC served on 9/19/2007, answer due 10/9/2007. The Summons and Complaint were served by CERTIFIED MAIL service, by STATE statute, upon CHRIS HATT. Due Dilligence declaration NOT ATTACHED. Original Summons NOT RETURNED. (esa) (Entered: 10/04/2007)
2007-09-27 13 0 PROOF OF SERVICE Executed by plaintiff Wind Options, LLC, upon Ram Industries, Inc served on 9/19/2007, answer due 10/9/2007. The Summons and Complaint were served by CERTIFIED MAIL service, by STATE statute, upon CHRIS HATT. Due Dilligence declaration NOT ATTACHED. Original Summons NOT RETURNED. (esa) (Entered: 10/04/2007)
2007-10-03 14 0 REPLY to Courts Order to Show Cause regarding Diversity Jurisdiction 4 filed by Plaintiff Wind Options, LLC (ir) (Entered: 10/05/2007)
2007-10-03 15 0 NOTICE OF ORDER regarding Case Management filed by Plaintiff Wind Options, LLC. (ir) (Entered: 10/05/2007)
2007-10-03 16 0 REQUEST FOR JUDICIAL NOTICE in support of Plaintiffs Reply to Courts Order to Show Cause filed by Plaintiff Wind Options, LLC. (ir) (Entered: 10/05/2007)
2007-10-03 17 0 DECLARATION of Vincent S Green in support of Reply to Courts Order to Show Cause 14 filed by Plaintiff Wind Options, LLC. (ir) (Entered: 10/05/2007)
2007-10-05 18 0 MINUTES OF IN CHAMBERS ORDER by Judge Alicia G. Rosenberg. IT IS SO ORDERED that Plaintiff's ex parte application to shorten time to hear its Motion for Early Expedited Discovery is GRANTED. Plaintiff's motion shall be deemed filed on 10/1/07. Opposition papers, if any, shall be filed and served by facsimile on or before 10/9/07. Reply papers, if any, shall be filed and served by facsimile on or before 10/12/07. The hearing shall be set for 10/16/07, at 10:00 a.m., unless otherwise ordered by the Court. [See Order for details.](ch) (Entered: 10/09/2007)
2007-10-01 19 0 NOTICE OF MOTION AND MOTION to Permit Limited Early Discovery filed by plaintiff Wind Options, LLC.Motion set for hearing on 10/16/2007 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (ch) (Entered: 10/09/2007)
2007-10-11 20 0 MINUTES OF IN CHAMBERS ORDER by Judge Alicia G. Rosenberg re: MOTION for Discovery 19 . The Court has not received any opposition to Plaintiffs motion to permit limited early discovery. IT IS HEREBY ORDERED that the hearing on October 16, 2007, at 10:00 a.m., is vacated. On or before October 16, 2007, Plaintiff is ordered to notify the Clerk, Marine Pogosyan at (213) 894-5419, whether it is taking the motion off calendar.(agrcrd, ) (Entered: 10/11/2007)
2007-10-11 21 0 STIPULATION AND ORDER by Judge George H. King: Extend the deadline for Defendants to answer, move or otherwise respond to the complaint until 11/10/2007.(ir) (Entered: 10/12/2007)
2007-10-11 22 0 EX PARTE APPLICATION, Request for Judicial Notice, Certificate in support of Application and Proposed Order Extending time to respond to Order to show cause and shortening time for a motion to conduct earlier limited discovery filed by Plaintiff Wind Options, LLC.(ir) (Entered: 10/12/2007)
2007-10-11 23 0 MINUTES: (In Chambers) Order re: Ex Parte Application Requesting Extension of time to respond to Order to show cause 22 is GRANTED and Plaintiff shall have 60 days hereof by no later than 12/10/07 in which to response to our Order to Show Cause. Plaintiffs failure to timely and adequately provide the information required by our September 21 Order shall constitute its admission that we lack diversity jurisdiction. In that event, this action will be dismissed, without prejudice, for lack of subject matter jurisdiction IT IS SO ORDERED by Judge George H. King (ir) (Entered: 10/12/2007)
2007-10-09 24 0 DECLARATION of David C Allen Accompanying Stipulation and Proposed Order Extending Time to Respond to Complaint filed by Defendants Tier Electronics, LLC, Diversified Technology, Inc. (es) (Entered: 10/13/2007)
2007-10-16 25 0 WITHDRAWAL of Motion to permit Limited Early Discovery 19 filed by Plaintiff Wind Options, LLC. (ir) (Entered: 10/19/2007)
2007-10-18 26 0 NOTICE of Appearance filed by attorney Linda Dakin-Grimm, James D Whooley on behalf of Defendants Ram Industries, LLC, Ram Industries, Inc (vm) (Entered: 10/29/2007)
2007-11-05 27 0 DECLARATION of David C. Allen, accompanying stipulation and (proposed) order further extending Defendants' time to respond to complaint, filed by Defendants Tier Electronics, LLC, Diversified Technology, Inc.; Lodged Order (da) (Entered: 11/07/2007)
2007-11-06 28 0 STIPULATION AND ORDER by Judge George H. King: Deadline to extend the deadline for Defendants Ram Industries, LLC; Ram Industries, Inc; Tier Electronics, LLC; and Diversified Technology, Inc to answer, move or otherwise respond to the Complaint shall be extended until 12/21/07. (ir) (Entered: 11/08/2007)
2007-11-06 29 0 NOTICE OF ERRATA filed by Defendants Tier Electronics, LLC, Diversified Technology, Inc. correcting Stipulation and Order extending time to answer complaint, 28 . (ca) (Entered: 11/09/2007)
2007-11-21 30 0 APPLICATION OF NON-RESIDENT ATTORNEY John J. Speicher, for Leave to Appear In A Specific Case local counsel James Whooley. FEE PAID. filed by defendant Ram Industries, LLC, Ram Industries, Inc. (es) (Entered: 11/28/2007)
2007-11-26 31 0 ORDER by Judge George H. King, On APPLICATION OF NON-RESIDENT ATTORNEY John J. Speicher, local counsel James Whooley for Leave to Appear In A Specific Case. FEE PAID. 30 (es) (Entered: 11/28/2007)
2007-12-10 32 0 SUPPLEMENTAL REPLY to Court's order to Show Cause Re Diversity Jurisdiction filed by Plaintiff Wind Options, LLC to Minutes of In Chambers Order 4 , Minutes of In Chambers Order 23 (es) (Entered: 12/12/2007)
2007-12-10 33 0 DECLARATION of Vincent S Green in Support of Supplemental Reply to Order to Show Cause re Reply (non-motion) 32 filed by Plaintiff Wind Options, LLC. (es) (Entered: 12/12/2007)
2007-12-05 34 0 NOTICE OF DISMISSAL filed by plaintiff Wind Options, LLC pursuant to FRCP 41a(1) as to Ram Industries, Inc. (ca) (Entered: 12/12/2007)
2007-12-21 35 0 STIPULATION AND ORDER by Judge George H. King: Defendants shall not be required to answer, move or otherwise respond to Plaintiffs complaint; Plaintiffs shall file and serve their Amended complaint by 1/8/08; Defendants deadline to answer, mover or otherwise respond to the Amended complaint shall be 2/5/08; This Stipulation shall in no way be construed as a waiver of Defendants defenses to this Action based upon lack of personal jursidiction or improper venue which Defendants are expressly reserved. (ir) (Entered: 12/26/2007)
2008-01-08 36 0 FIRST AMENDED COMPLAINT against DEFENDANTS Wind Options, LLC amending Complaint - (Discovery) 1 ; JURY DEMAND,filed by Plaintiff Wind Options, LLC (Green, Vincent) (Entered: 01/08/2008)
2008-01-09 37 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found first amended complaint should have been filed in the traditional manner over the counter in the intake section, the document should hot have been filed electronically pursuant to the general order of the court: RE Amended Complaint 36 (ab) (Entered: 01/10/2008)
2007-12-04 38 0 NOTICE of Change of Attorney Information: changing Firm address to 601 South Figueroa Street, 30th Floor, Los Angeles, CA 90017 for attorney James Whooley. Filed by defendants Ram Industries, LLC, Ram Industries, Inc (cbr) (Entered: 01/16/2008)
2008-01-11 39 0 FIRST AMENDED COMPLAINT against defendants Ram Industries, LLC, Tier Electronics, LLC, Diversified Technology, Inc amending Complaint 1 ,filed by plaintiff Wind Options, LLC (yca) (Entered: 01/18/2008)
2008-02-05 40 0 NOTICE of Appearance filed by attorney Jeremy Bollinger on behalf of Defendants Tier Electronics, LLC, Diversified Technology, Inc (Bollinger, Jeremy) (Entered: 02/05/2008)
2008-02-05 41 0 CERTIFICATE of Interested Parties filed by Defendants Tier Electronics, LLC, Diversified Technology, Inc. (Bollinger, Jeremy) (Entered: 02/05/2008)
2008-02-05 42 0 ANSWER TO FIRST AMENDED COMPLAINT OF PLAINTIFF WIND OPTIONS, LLC filed by Defendant Diversified Technology, Inc. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C)(Bollinger, Jeremy) (Entered: 02/05/2008)
2008-02-05 43 0 ANSWER TO FIRST AMENDED COMPLAINT OF PLAINTIFF WIND OPTIONS, LLC filed by Defendant Tier Electronics, LLC. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Bollinger, Jeremy) (Entered: 02/05/2008)
2008-02-05 44 0 NOTICE of Related Case(s) filed by Defendants Tier Electronics, LLC, Diversified Technology, Inc. (Bollinger, Jeremy) (Entered: 02/05/2008)
2008-02-05 45 0 ANSWER to Amended Complaint 39 including Affirmative Defenses, First COUNTERCLAIM of Counter-Plaintiff RAM Industries, LLC against Wind Options, LLC filed by Defendant Ram Industries, LLC. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F)(Martinez, Vannesa) (Entered: 02/05/2008)
2008-02-05 46 0 NOTICE of Related Case(s) filed by Defendant Ram Industries, LLC. (Martinez, Vannesa) (Entered: 02/05/2008)
2008-02-05 47 0 Certificate of Interested Parties filed by Defendant Ram Industries, LLC. (Martinez, Vannesa) (Entered: 02/05/2008)
2008-02-25 48 0 Counter-Defendant's Reply ANSWER to Counter-Claim filed by Plaintiff/Counter-Defendant Wind Options, LLC Wind Options, LLC.(Green, Vincent) (Entered: 02/25/2008)
2008-03-07 49 0 MINUTES OF IN CHAMBERS ORDER held before Judge George H. King : On September 21, 2007, 4 we issued an Order to Show Cause why the above-captioned actionshould not be dismissed for lack of subject matter jurisdiction. On October 1, 2007, Plaintiff filed an Ex Parte Application requesting an extension of time to respond to our September 21 Order. Additionally, in its October 3, 2007 response to our September 21 Order, Plaintiff again asked for an extension of time to respond. On October 11, 2007, we issued an Order granting Plaintiffs Ex Parte Application. Plaintiff filed a timely supplemental response on December 7, 2007. The Order to Show Cause is hereby DISCHARGED.IT IS SO ORDERED. (es) (Entered: 03/10/2008)
2008-03-12 50 0 ORDER by Judge George H. King, Setting Scheduling Conference for Monday, 4/28/2008 at 1:30 PM before Judge George H. King. (see attached document for details) (es) (Entered: 03/13/2008)
2008-04-14 51 0 JOINT REPORT REPORT of OF PARTIES' PLANNING MEETING filed by Plaintiff Wind Options, LLC. (Green, Vincent) (Entered: 04/14/2008)
2008-04-16 52 0 NOTICE OF ERRATA filed by Defendants Tier Electronics, LLC, Diversified Technology, Inc. correcting Report 51 (Attachments: # 1 Exhibit A - Corrected Page 15 of the Joint Report of Parties' Planning Meeting)(Bollinger, Jeremy) (Entered: 04/16/2008)
2008-04-17 53 0 NOTICE OF LODGING filed (Attachments: # 1 Exhibit A - Stipulation# 2 Exhibit B - [Proposed] Protective Order)(Bollinger, Jeremy) (Entered: 04/17/2008)
2008-04-28 54 0 MINUTES OF IN CHAMBERS ORDER held before Judge George H. King re Order setting Scheduling Conference 50 : This matter is before us for scheduling conference on April 28, 2008 at 1:30 p.m. We have considered the Joint Report of Parties Planning Meeting, and determine that an in-person scheduling conference is unnecessary. Accordingly, the scheduling conference is hereby vacated and taken off calendar. We enter the following scheduling order: 1. Any stipulation/motion for leave to amend as to any claims, defenses and/or parties shall be lodged/filed by no later than May 30, 2008, failing which it shall be deemed that partys waiver of any such amendments in this case. 2. All fact discovery shall be COMPLETED by no later than October 31, 2008. In other words, any discovery must be in hand by the completion date. 3. The parties shall designate their expert witnesses, and make the required disclosures, by no later than October 31, 2008, and do likewise for any rebuttal expert witnesses by no later than November 27, 2008. All expert discovery shall be COMPLETED by no later than December 31, 2008. 4. The parties shall comply with Local Rule 16-15 by no later than September 30, 2008, although the court encourages the parties to consider mediation at the earliest practical time (see document for further details). 5. Any dispositive motion shall be filed in compliance with the Local Rules as well as the courts ORDER RE: SUMMARY JUDGMENT MOTIONS issued concurrently herewith. Such motion shall be filed no later than January 30, 2009, or be deemed waived. Such motion shall be noticed for hearing under the Local Rules. We decline to grant leave to the parties to file more than one summary judgment motion. 6. The court will set pre-trial conference and trial dates, if necessary, after resolution of the dispositive motion(s). Counsel should note that the 10-day trial estimate is excessive, and that given the nature of this case, we do not expect the trial of this matter to be allotted more than 3-4 trial days. 7. These scheduling dates afford more than reasonable opportunity for the parties to diligently prepare this case. Counsel shall promptly proceed with discovery. These scheduling dates will not be extended except upon a specific showing of due diligence and good cause. (bm) (Entered: 04/29/2008)
2008-04-28 55 0 ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge George H. King: A deadline for dispositive motions has been set in the above-captioned case. Any Motion(s) for summary judgment SHALL comply with all Federal and Local Rules, as well as this Order. Please be advised that this Order contains requirements more specific than the Local Federal Rules. (See document for text.) (ps) (Entered: 04/29/2008)
2008-05-07 56 0 MINUTES OF IN CHAMBERS ORDER held before Judge Alicia G. Rosenberg : re: Notice of Lodging 53 . On April 17, 2008, the parties filed a Notice of Lodging of Stipulation and Proposed Protective Order. The matter was referred to the Magistrate Judge. The proposed protective order is returned to counsel. A protective order must contain a statement to the effect that Protected Material used at trial will become public unless, in advance of trial,a party or third party files a motion and obtains a separate Court order.The parties may lodge a proposed protective order that complies with this Order. (rp) (Entered: 05/07/2008)
2008-05-28 57 0 STATUS REPORT JOINT STATUS REPORT RE MEDIATION filed by Plaintiff Wind Options, LLC. (Green, Vincent) (Entered: 05/28/2008)
2008-06-04 58 0 NOTICE OF LODGING filed re Minutes of In Chambers Order/Directive - no proceeding held,, 56 , Report 51 (Attachments: # 1 Exhibit A - Stipulation, # 2 Exhibit B - Protective Order)(Bollinger, Jeremy) (Entered: 06/04/2008)
2008-06-05 59 0 STIPULATION AND PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to disclosing or producing any Disclosure or Discovery Material on any ground not addressed in this Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of the Disclosure or Discovery Material covered by this Protective Order. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. IT IS SO ORDERED. See Order for details. (mp) (Entered: 06/06/2008)
2008-06-20 60 0 STATUS REPORT Joint Status Report Re Termination of Settlement Discussions filed by Counter Claimant Ram Industries, LLC, Counter Defendant Wind Options, LLC, Plaintiff Wind Options, LLC, Defendant Ram Industries, LLC. (Whooley, James) (Entered: 06/20/2008)
2008-09-03 61 0 NOTICE of Association of Counsel Filed by Defendant Ram Industries, LLC (Mougin, Robert) (Entered: 09/03/2008)
2008-09-03 62 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: account information for Robert P. Mougin and Arie L. Spangler is not current in the ECF system. Information must be updated immediately. RE: Notice of Association of Counsel 61 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) (Entered: 09/03/2008)
2008-09-05 63 0 NOTICE OF LODGING filed re Rule 68 Offer of Judgment re Complaint - (Discovery) 1 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Blanchard, Christopher) (Entered: 09/05/2008)
2008-09-05 64 0 NOTICE of Appearance filed by attorney Christopher Blanchard on behalf of Defendants Tier Electronics, LLC, Diversified Technology, Inc (Blanchard, Christopher) (Entered: 09/05/2008)
2008-09-05 65 0 NOTICE OF LODGING filed re Rule 68 Offer of Judgment re Complaint - (Discovery) 1 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Blanchard, Christopher) (Entered: 09/05/2008)
2008-09-09 66 0 PROOF OF SERVICE filed by Defendants Tier Electronics, LLC, Diversified Technology, Inc, re Notice of Appearance 64 , Notice of Lodging 65 , Notice of Lodging 63 served on September 8, 2008. (Blanchard, Christopher) (Entered: 09/09/2008)
2008-09-25 67 0 Joint STIPULATION to Extend Discovery Cut-Off Date to 12/31/2008 filed by Defendant and Counter-Plaintiff Ram Industries, LLC. (Attachments: # 1 Proposed Order Extending Deadline For Fact Discovery)(Whooley, James) (Entered: 09/25/2008)
2008-09-29 68 0 ORDER by Judge George H. King on Stipulation to Extend Discovery Cut-Off Date 67 , that fact discovery is extended to December 31, 2008; the deadline for designation of expert witnesses and making required disclosures is extended to December 31, 2008; the deadline for designation of rebuttal expert witnesses and the making of related disclosures is extended to January 30, 2009; the deadline for completion of all expert discovery is extended to February 27, 2009; and the deadline for dispositive motions is extended to March 30, 2009; No Further Extensions. (da) (Entered: 09/30/2008)
2008-11-05 69 0 STIPULATION for Judgment as to Diversified Technology, Inc. filed by Defendant Diversified Technology, Inc. (Attachments: # 1 Exhibit A - Offer of Judgment, # 2 Exhibit B - Acceptance of FRCP 68 Offer of Judgment, # 3 Exhibit C - Proposed Order Directing Entry of Final Judgment as to DTI, # 4 Exhibit D - Proposed Final Judgment)(Kim, Hyongsoon) (Entered: 11/05/2008)
2008-11-05 70 0 STIPULATION for Judgment as to Tier Electronics, LLC filed by Defendant Tier Electronics, LLC. (Attachments: # 1 Exhibit A - Offer of Judgment, # 2 Exhibit B - Acceptance of FRCP 68 Offer of Judgment, # 3 Exhibit C - Proposed Order Directing Entry of Final Judgment as to Tier, # 4 Exhibit D - Proposed Final Judgment)(Kim, Hyongsoon) (Entered: 11/05/2008)
2008-11-07 71 0 NOTICE of Settlement filed by Plaintiff Wind Options, LLC. (Green, Vincent) (Entered: 11/07/2008)
2008-11-10 72 0 NOTICE OF LODGING filed re Stipulation for Judgment, 69 (Attachments: # 1 Proposed Order Directing Entry of Final Judgment as to Diversified Technology, Inc., # 2 Proposed Judgment as to Diversified Technology, Inc.)(Kim, Hyongsoon) (Entered: 11/10/2008)
2008-11-10 73 0 NOTICE OF LODGING filed re Stipulation for Judgment, 70 (Attachments: # 1 Proposed Order Directing Entry of Final Judgment as to Tier Electronics, LLC, # 2 Proposed Final Judgment as to Tier Electronics, LLC)(Kim, Hyongsoon) (Entered: 11/10/2008)
2008-11-18 74 0 ORDER DIRECTING ENTRY OF FINAL JUDGMENT AS TO DIVERSIFIED TECHNOLOGY, INC. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(B) by Judge George H. King, in favor of Wind Options, LLC against Diversified Technology, Inc in the principal amount of $20000.00, interest in the amount of $0.00, attorneys fees of $0.00, costs of $0.00 for a total judgment of $20000.00. Related to: Stipulation for Judgment, 69 : IT IS HEREBY ORDERED, ADJUDGED AND DECREED that, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk of the Court enter final judgment in favor of Wind Options, LLC and against Diversified Technology, Inc. in the amount of $20,000, inclusive of all costs and attorney's fees incurred by Wind Options, LLC. (bm) (Entered: 11/18/2008)
2008-11-18 75 0 FINAL JUDGMENT AS TO DIVERSIFIED TECHNOLOGY, INC. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(B) by Judge George H. King, in favor of Wind Options, LLC against Diversified Technology, Inc in the principal amount of $20,000.00, interest in the amount of $0.0, attorneys fees of $0.00, costs of $0.00 for a total judgment of $20,000.00. Related to: Stipulation for Judgment, 69 . It is ordered that, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, final judgment is entered in favor of Wind Options, LLC and against Diversified Technology, Inc. in the amount of $20,000, inclusive of all costs and attorney's fees incurred by Wind Options. (bm) (Entered: 11/18/2008)
2008-11-18 76 0 ORDER DIRECTING ENTRY OF FINAL JUDGMENT AS TO TIER ELECTRONICS, LLC PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(B) by Judge George H. King, re Stipulation for Judgment, 70 : IT IS HEREBY ORDERED, ADJUDGED AND DECREED that, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Clerk of the Court enter final judgment in favor of Wind Options, LLC and against Tier Electronics LLC in the amount of $50,000, inclusive of all costs and attorneys fees incurred by Wind Options. (bm) (Entered: 11/18/2008)
2008-11-18 77 0 FINAL JUDGMENT AS TO TIER ELECTRONICS, LLC PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(B) by Judge George H. King, in favor of Wind Options, LLC against Tier Electronics, LLC in the principal amount of $50000.00, interest in the amount of $0.00, attorneys fees of $0.00, costs of $0.00 for a total judgment of $50000.00. Related to: Stipulation for Judgment, 70 . It is ordered that, pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, final judgment is entered in favor of Wind Options, LLC and against Tier Electronics LLC in the amount of $50,000, inclusive of all costs and attorney's fees incurred by Wind Options. (bm) (Entered: 11/18/2008)
2008-12-08 78 0 Acknowledgement by Plaintiff of Satisfaction of Judgment Against Defendant Diversified filed by Plaintiff Wind Options, LLC (Green, Vincent) (Entered: 12/08/2008)
2008-12-08 79 0 Acknowledgment by Plaintiff of Satisfaction of Judgment Against Defendant Tier filed by Plaintiff Wind Options, LLC (Green, Vincent) (Entered: 12/08/2008)
2008-12-10 80 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Acknowledgment by Plaintiff of Satisfaction of Judgment 78 , Acknowledgment by Plaintiff of Satisfaction of Judgment 79 has incorrect event selected. Correct event is Miscellaneous Filings(Non-Motion)-Satisfaction of Judgment. 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. (bm) (Entered: 12/10/2008)
2009-01-09 81 0 ORDER OF DISMISSAL by Judge George H. King pursuant to Notice of Settlement as to Defendant Ram Industries, LLC 71 e-filed on November 7, 2008, that the above action has settled and this being the only defendant remaining in the above action. IT IS ORDERED that defendant Ram Industries, LLC, is hereby dismissed without prejudice. Court will retain jurisdiction of the above-entitled action. (Made JS-6. Case Terminated.) (ir) (Entered: 01/09/2009)
2009-01-20 82 0 NOTICE OF DISMISSAL WITH PREJUDICE filed by Plaintiff Wind Options, LLC. (Green, Vincent) (Entered: 01/20/2009)
2009-01-23 83 0 NOTICE OF LODGING filed Proposed Order of Dismissal with Prejudice re Notice (Other) 82 (Green, Vincent) (Entered: 01/23/2009)
2009-01-23 84 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: proposed document not submitted as a separate attachment RE: Notice of Lodging 83 . 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. (ab) (Entered: 01/23/2009)
2009-01-23 85 0 NOTICE OF LODGING filed re Notice of Lodging 83 (Attachments: # 1 Proposed Order)(Green, Vincent) (Entered: 01/23/2009)
2009-01-29 86 0 ORDER by Judge George H. King Dismissing Case With Prejudice. Having dismissed this case without prejudice on January 9, 2009; Further, having considered Plaintiff's notice of dismissal with prejudice, therefor, IT IS HEREBY ORDERED that this case be dismissed with prejudice. (mg) (Entered: 01/30/2009)