Case details

Court: casd
Docket #: 3:16-cv-01764
Case Name: Natural Alternatives International, Inc. v. Allmax Nutrition, Inc.
PACER case #: 507949
Date filed: 2016-07-08
Assigned to: Judge Marilyn L. Huff
Referred to: Magistrate Judge Andrew G. Schopler
Case Cause: 28:1338pt Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Natural Alternatives International, Inc.
Counter Defendant
 
Caroline C. Maxwell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Frederick William Kosmo , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kevin M Bell
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard J. Oparil
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Scott A.M. Chambers
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William John McKeague
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Hubert Kim
(See above for address)
ATTORNEY TO BE NOTICED
Allmax Nutrition, Inc.
Counter Claimant
 
Ragesh K. Tangri
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Michael Aaron Feldman
(See above for address)
ATTORNEY TO BE NOTICED

Sonal N. Mehta
(See above for address)
ATTORNEY TO BE NOTICED
HBS International Corp.
Counter Claimant
 
Michael Aaron Feldman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ragesh K. Tangri
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Does 1-100
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2016-07-08 1 0 COMPLAINT with Jury Demand against Allmax Nutrition, Inc. ( Filing fee $ 400 receipt number 0974-9219441.), filed by Natural Alternatives International, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit L #2, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T)The new case number is 3:16-cv-1764-AJB-BLM. Judge Anthony J. Battaglia and Magistrate Judge Barbara Lynn Major are assigned to the case. (Kosmo, Frederick)(dxj) (Additional attachment(s) added on 7/8/2016: # 23 Copyrights Form) (dxj). (jao). (Entered: 07/08/2016) 2016-08-26 02:57:49 8be0ddbaa1dc77617f015e9703f51a8c603914fd
2016-07-08 2 0 NOTICE of Party With Financial Interest by Natural Alternatives International, Inc. No Parties With Financial Interest. (dxj) (jao). (Entered: 07/08/2016)
2016-07-08 3 0 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dxj) (jao). (Entered: 07/08/2016) 2016-07-11 15:58:47 137e22bf317544a5888ea90f3b07231e05a86022
2016-07-08 4 0 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *3146289*, *4271217*, *5,965,596*, *6,172,098*, *7,504,376*, *7,825,084*, *RE45,947*, *6,426,361* cc:USPTO (dxj) (jao). (Entered: 07/08/2016)
2016-07-11 5 0 NOTICE of Appearance by Hubert Kim on behalf of Natural Alternatives International, Inc. (Kim, Hubert)Attorney Hubert Kim added to party Natural Alternatives International, Inc.(pty:pla) (dls). (Entered: 07/11/2016)
2016-08-23 6 0 SUMMONS Returned Executed by Natural Alternatives International, Inc. Natural Alternatives International, Inc. served. (Kim, Hubert) (dls). (Entered: 08/23/2016)
2016-08-31 7 0 Joint MOTION for Extension of Time to File Answer re 1 Complaint by Allmax Nutrition, Inc.. (Attachments: # 1 Declaration of Sonal N. Mehta)(Mehta, Sonal). Attorney Sonal N. Mehta added to party Allmax Nutrition, Inc.(pty:dft). Modified on 9/1/2016 - QC Email was previously sent by Docket Clerk re P & A's. Per L.R. 72, Points & Authorities not required for Stipulations and Joint Motions (jah). (Entered: 08/31/2016)
2016-09-06 8 0 ORDER Granting 7 Joint Motion Pursuant to Local Rule 7.2 for Order Extending Time to Respond to Complaint. Defendant Allmax shall respond to the Complaint on or before 10/13/2016. Signed by Judge Anthony J. Battaglia on 9/6/2016. (dls) (Entered: 09/06/2016)
2016-10-13 9 0 MOTION to Dismiss for Lack of Jurisdiction by Allmax Nutrition, Inc.. (Attachments: # 1 Memo of Points and Authorities ISO Motion to Dismiss, # 2 Declaration of Kichuk ISO Motion to Dismiss)(Tangri, Ragesh)Attorney Ragesh K. Tangri added to party Allmax Nutrition, Inc.(pty:dft) (dls). (Entered: 10/13/2016)
2016-10-14 10 0 ORDER Setting Briefing Schedule re 9 MOTION to Dismiss for Lack of Jurisdiction : Opposition due by 10/27/2016; Reply due by 11/3/2016; sur-replies will not be accepted. Motion hearing scheduled for 1/19/17 at 2:00 p.m. in Courtroom 3B.(no document attached) (sc) (Entered: 10/14/2016)
2016-10-19 11 0 FIRST AMENDED COMPLAINT with Jury Demand against Allmax Nutrition, Inc., filed by Natural Alternatives International, 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-part 1, # 14 Exhibit M-part 2, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Proof of Service) (Kosmo, Frederick) (dls). (Entered: 10/19/2016)
2016-10-20 12 0 Summons Issued re 11 First Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dls) (Entered: 10/20/2016)
2016-10-20 13 0 ORDER finding as moot 9 Motion to Dismiss for Lack of Jurisdiction, in light of Plaintiff's filing of a First Amended Complaint. (no document attached) (sc) (Entered: 10/20/2016)
2016-10-26 14 0 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9524424.) (Application to be reviewed by Clerk.) (Bell, Kevin) (aef). (Entered: 10/26/2016)
2016-10-27 15 0 PRO HAC APPROVED: Kevin M Bell appearing for Plaintiff Natural Alternatives International, Inc. (no document attached) (aef) (Entered: 10/27/2016)
2016-10-28 16 0 Joint MOTION for Extension of Time to File Answer re 11 Amended Complaint,, by Allmax Nutrition, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Michael A. Feldman)(Feldman, Michael)Attorney Michael Aaron Feldman added to party Allmax Nutrition, Inc.(pty:dft) (dls). (Entered: 10/28/2016)
2016-10-28 17 0 ORDER Granting 16 Joint Motion Pursuant to Local Rule 7.2 for Order Extending Allmax Nutrition Inc.'s Time to Respond to Amended Complaint. Defendant Allmax must respond to the Amended Complaint on or before 11/16/2016. Signed by Judge Anthony J. Battaglia on 10/28/2016. (dls) (Entered: 10/28/2016)
2016-11-16 18 0 MOTION to Dismiss for Lack of Jurisdiction by Allmax Nutrition, Inc.. (Attachments: # 1 Memo of Points and Authorities in Support of Motion to Dismiss, # 2 Declaration of Kichuk in Support of Motion to Dismiss)(Tangri, Ragesh) (acc). (Entered: 11/16/2016)
2016-11-16 19 0 ORDER Setting Briefing Schedule re 18 MOTION to Dismiss for Lack of Jurisdiction : Opposition due by 11/30/2016; Reply due by 12/7/2016; sur-replies will not be accepted. Motion hearing is scheduled for 2/9/17 at 2:00 p.m. in Courtroom 3B.(no document attached) (sc) (Entered: 11/16/2016)
2016-11-30 20 0 RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Jurisdiction filed by Natural Alternatives International, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proof of Service)(Kosmo, Frederick) (acc). (Entered: 11/30/2016)
2016-12-02 21 0 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9623673.) (Application to be reviewed by Clerk.) (McKeague, William) (aef). (Entered: 12/02/2016)
2016-12-02 22 0 PRO HAC APPROVED: William John McKeague appearing for Plaintiff Natural Alternatives International, Inc. (no document attached) (aef) (Entered: 12/02/2016)
2016-12-07 23 0 REPLY to Response to Motion re 18 MOTION to Dismiss for Lack of Jurisdiction filed by Allmax Nutrition, Inc. (Attachments: # 1 Declaration of Michael Kichuk)(Tangri, Ragesh)(acc). (Entered: 12/07/2016)
2017-01-12 24 0 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9723300.) (Application to be reviewed by Clerk.) (Chambers, Scott) (aef). (Entered: 01/12/2017)
2017-01-13 25 0 PRO HAC APPROVED: Scott A.M. Chambers appearing for Plaintiff Natural Alternatives International, Inc. (no document attached) (aef) (Entered: 01/13/2017)
2017-01-31 26 0 NOTICE OF RELATED CASE(S) by Allmax Nutrition, Inc. of case(s) 15-cv-2081; 16-cv-1711; 16-cv-1954; 16-cv-2146; 16-cv-2343 . (Feldman, Michael)(acc). (Entered: 01/31/2017)
2017-02-01 27 0 WAIVER OF SERVICE Returned Executed by Natural Alternatives International, Inc., as to HBS International Corp. (Kosmo, Frederick)(acc). (Entered: 02/01/2017)
2017-02-03 28 0 ORDER by Judge Battaglia, Motions Submitted 18 MOTION to Dismiss for Lack of Jurisdiction. This motion is suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the motion will be deemed submitted as of this date.(no document attached) (sc) (Entered: 02/03/2017)
2017-02-06 29 0 ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Jeffrey T. Miller and Magistrate Judge Andrew G. Schopler for all further proceedings. Judge Anthony J. Battaglia, Magistrate Judge Barbara Lynn Major no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:15-cv-02081-JM-AGS. The new case number is 16-cv-1764-JM-AGS.. Signed by Judge Anthony J. Battaglia on 2/3/2017. Signed by Judge Jeffrey T. Miller on 2/6/2017. Motions set before Andrew G. Schopler.(acc) (Entered: 02/07/2017)
2017-02-14 30 0 MINUTE ORDER OF RECUSAL. Judge Jeffrey T. Miller is no longer assigned. Case reassigned to Judge Cynthia Bashant for all further proceedings. The new case number is 16cv1764-BAS-AGS.(no document attached) (mxn) (Entered: 02/14/2017)
2017-02-15 31 0 MINUTE ORDER OF TRANSFER. Judge Cynthia Bashant is no longer assigned. Case reassigned to Judge Marilyn L. Huff for all further proceedings. Related case: 15cv2081 H (AGS). The new case number is 16cv1764 H (AGS).(no document attached) (jcj) (Entered: 02/15/2017)
2017-02-21 32 0 ORDER denying Defendants Allmax's 18 Motion to Dismiss for Lack of Jurisdiction. Defendant Allmax must file an answer to Plaintiff's first amended complaint within 21 days from the date this order is filed. Signed by Judge Marilyn L. Huff on 2/21/2017. (fth) (Entered: 02/21/2017)
2017-03-14 33 0 ANSWER to 11 Amended Complaint,, , COUNTERCLAIM against Natural Alternatives International, Inc. by Allmax Nutrition, Inc..(Feldman, Michael) (ag). (Entered: 03/14/2017)
2017-03-16 34 0 NOTICE AND ORDER for Early Neutral Evaluation Conference. An Early Neutral Evaluation is set for 5/22/2017 at 2:00 PM in the chambers of Magistrate Judge Andrew G. Schopler. Signed by Magistrate Judge Andrew G. Schopler on 3/16/2017.(ag) (Entered: 03/16/2017)
2017-03-20 35 0 ANSWER to 33 Answer to Amended Complaint, Counterclaim by Natural Alternatives International, Inc.. (Attachments: # 1 Proof of Service)(Kosmo, Frederick) (ag). (Entered: 03/20/2017)
2017-04-12 36 0 ORDER: (1) Scheduling Telephonic Case Management Conference; and (2) Issuing Tentative Scheduling Order. A telephonic Case Management Conference is set for 4/24/2017 at 11:45 AM before Judge Marilyn L. Huff. Signed by Judge Marilyn L. Huff on 4/12/2017.(ag) (Entered: 04/12/2017)
2017-04-18 37 0 MOTION to Continue Defendants' Application for an Order Continuing Early Neutral Evaluation by Allmax Nutrition, Inc., HBS International Corp.. (Attachments: # 1 Declaration of Michael A. Feldman)(Feldman, Michael)Attorney Michael Aaron Feldman added to party HBS International Corp.(pty:dft) (ag). (Entered: 04/18/2017)
2017-04-18 38 0 MOTION to Continue Defendants' Application for an Order Continuing Case Management Conference by Allmax Nutrition, Inc., HBS International Corp.. (Attachments: # 1 Declaration of Michael A. Feldman)(Feldman, Michael) (ag). (Entered: 04/18/2017)
2017-04-18 39 0 ORDER Granting Motion to Continue ENE [Doc. 37]: The 5/22/2017 ENE is vacated and reset for 6/6/2017, at 09:00 a.m. Signed by Magistrate Judge Andrew G. Schopler on 4/18/2017. (no document attached) (ela) (Entered: 04/18/2017)
2017-04-18 40 0 NON Opposition re 38 MOTION to Continue Defendants' Application for an Order Continuing Case Management Conference filed by Natural Alternatives International, Inc.. (Attachments: # 1 Proof of Service)(Kosmo, Frederick) (ag). (Entered: 04/18/2017)
2017-04-19 41 0 JOINT DISCOVERY PLAN by Natural Alternatives International, Inc. (Attachments: # 1 Proof of Service)(Kosmo, Frederick) (fth). (Entered: 04/19/2017)
2017-04-21 42 0 ORDER Granting 38 Unopposed Motion to Continue Case Management Conference. The Court continues the telephonic Case Management Conference to 5/1/2017 at 11:45 AM before Judge Marilyn L. Huff. Signed by Judge Marilyn L. Huff on 4/20/2017. (ag) (Entered: 04/21/2017)
2017-04-25 43 0 MOTION for Judgment on the Pleadings by Allmax Nutrition, Inc.. (Attachments: # 1 Memo of Points and Authorities)(Tangri, Ragesh) (ag). (Entered: 04/25/2017)
2017-04-25 44 0 MOTION to Dismiss for Failure to State a Claim by HBS International Corp.. (Attachments: # 1 Memo of Points and Authorities)(Tangri, Ragesh)Attorney Ragesh K. Tangri added to party HBS International Corp.(pty:dft) (ag). (Entered: 04/25/2017)
2017-04-26 45 0 Minute ORDER: A telephonic case management conference is currently scheduled for Monday, May 1, 2017 at 11:45 a.m. In advance of that hearing, the Court would appreciate if Plaintiff's counsel could arrange a conference call for that hearing with the parties from Case No. 16-cv-1764, Case No. 16-cv-2146, Case No. 16-cv-2332, and Case No. 16-cv-2343, and provide the Court with the dial-in number for the conference call by Friday, April 28, 2017 at 4:00 p.m. SO ORDERED by Judge Marilyn L. Huff on 4/26/2017. (no document attached) (smy) (Entered: 04/26/2017)
2017-04-28 46 0 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-10033288.) (Application to be reviewed by Clerk.) (Oparil, Richard) (Entered: 04/28/2017)
2017-04-28 47 0 PRO HAC APPROVED: Richard J. Oparil appearing for Counter Defendant Natural Alternatives International, Inc., Plaintiff Natural Alternatives International, Inc. (no document attached) (kcm) (Entered: 04/28/2017)
2017-05-01 48 0 Minute Entry for proceedings held before Judge Marilyn L. Huff: Telephonic Case Management Conference held on 5/1/2017. The Court will issue a written order. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Kevin M. Bell; Frederick William Kosmo; William John McKeague; Richard J. Oparil; Hubert Kim). (Defendant Attorney Michael Aaron Feldman; Ragesh K. Tangri). (no document attached) (smy) (Entered: 05/02/2017)
2017-05-02 49 0 ORDER: (1) Scheduling Order; and (2) Continuing Hearing on Defendants' Rule 12(b)(6) and Rule 12(c) Motions. The Court held a telephonic Case Management Conference on 5/1/2017. The Motion Hearing re 43 MOTION for Judgment on the Pleadings and 44 MOTION to Dismiss is continued to 6/2/2017 at 10:00 AM before Judge Marilyn L. Huff. A Claims Construction Hearing is set for 12/5/2017 at 9:00 AM before Judge Marilyn L. Huff. Counsel must file their Memorandum of Contentions of Fact and Law on or before 6/1/2018. The Proposed Final Pretrial Conference Order is due by 6/22/2018. The Final Pretrial Conference is set for 6/29/2018 at 10:00 AM before Judge Marilyn L. Huff. The Court schedules a Status Conference for 7/30/2018 at 10:30 AM before Judge Marilyn L. Huff. The Court schedules Trial for 7/31/2018 at 9:00 AM before Judge Marilyn L. Huff. Signed by Judge Marilyn L. Huff on 5/1/2017.(ag) Modified on 5/9/2017 to correct the date of the Final Pretrial Conference (ag). (Entered: 05/02/2017)
2017-05-03 50 0 Joint MOTION for Protective Order by Natural Alternatives International, Inc.. (Attachments: # 1 Proof of Service)(Kosmo, Frederick) (ag). (Entered: 05/03/2017)
2017-05-08 51 0 ORDER Granting 50 Joint Motion for a Protective Order. Signed by Judge Marilyn L. Huff on 5/8/2017. (ag) (Entered: 05/08/2017)
2017-05-09 52 0 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-10062308.)(Application to be reviewed by Clerk.) (Maxwell, Caroline)(jrd) (Entered: 05/09/2017)
2017-05-09 53 0 Joint MOTION for Order Governing Discovery of Electronically Stored Information by Natural Alternatives International, Inc.. (Attachments: # 1 Proof of Service)(Kim, Hubert) (ag). (Entered: 05/09/2017)
2017-05-09 54 0 PRO HAC APPROVED: Caroline C. Maxwell appearing for Counter Defendant Natural Alternatives International, Inc., Plaintiff Natural Alternatives International, Inc. (no document attached) (jrd) (Entered: 05/09/2017)
2017-05-11 55 0 ORDER Granting 53 Joint Motion for an Order Governing Discovery of Electrically Stored Information. Signed by Judge Marilyn L. Huff on 5/11/2017. (ag) (Entered: 05/11/2017)
2017-05-19 56 0 RESPONSE in Opposition re 44 MOTION to Dismiss for Failure to State a Claim , 43 MOTION for Judgment on the Pleadings filed by Natural Alternatives International, Inc.. (Attachments: # 1 Declaration of Richard J. Oparil, # 2 Exhibit A to Oparil Declaration, # 3 Exhibit B to Oparil Declaration, # 4 Proof of Service)(Kosmo, Frederick) (ag). (Entered: 05/19/2017)
2017-05-22 57 0 MOTION to Strike Defendants Invalidity Arguments And For Judgment On The Pleadings by Natural Alternatives International, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Richard J. Oparil, # 3 Exhibit A to Declaration of Richard J. Oparil, # 4 Proof of Service)(Kosmo, Frederick). Added MOTION for Judgment on the Pleadings on 5/23/2017 (ag). (Entered: 05/22/2017)
2017-05-24 58 0 ORDER Continuing Hearing on Defendants' Motions. Motion Hearings set for 6/2/2017 are hereby continued to 6/26/2017 at 10:30 AM before Judge Marilyn L. Huff. Signed by Judge Marilyn L. Huff on 5/24/2017. (fth) (Entered: 05/24/2017)
2017-06-02 59 0 REPLY to Response to Motion re 44 MOTION to Dismiss for Failure to State a Claim , 43 MOTION for Judgment on the Pleadings / Defendants Allmax Nutrition Inc. and HBS International Corp.'s Reply in Support of Motion to Dismiss and Motion for Judgment on the Pleadings filed by Allmax Nutrition, Inc., HBS International Corp.. (Feldman, Michael) (ag). (Entered: 06/02/2017)
2017-06-06 60 0 MINUTE ENTRY (AGS): The Court held an Early Neutral Evaluation Conference on 6/6/2017. A telephonic Status Conference is set for 6/8/2017 10:30 AM before Magistrate Judge Andrew G. Schopler. Plaintiff's attorney is responsible for initiating the conference call. (Plaintiff Attorney Fred Kosmo, Kevin Bell). (Defendant Attorney Michael Feldman, Ragesh Tangri, Sean Sweeney). (no document attached) (ela) (Entered: 06/06/2017)
2017-06-12 61 0 RESPONSE in Opposition re 57 MOTION to Strike Defendants Invalidity Arguments And For Judgment On The Pleadings MOTION for Judgment on the Pleadings filed by Allmax Nutrition, Inc., HBS International Corp.. (Feldman, Michael) (ag). (Entered: 06/12/2017)
2017-06-19 62 0 REPLY to Response to Motion re 57 MOTION to Strike Defendants Invalidity Arguments And For Judgment On The Pleadings MOTION for Judgment on the Pleadings filed by Natural Alternatives International, Inc.. (Attachments: # 1 Declaration of Richard J. Oparil, # 2 Exhibit A to Oparil Declaration, # 3 Exhibit B to Oparil Declaration, # 4 Exhibit C to Oparil Declaration, # 5 Proof of Service)(Kosmo, Frederick) (ag). (Entered: 06/19/2017)
2017-06-26 63 0 Minute Entry for proceedings held before Judge Marilyn L. Huff: Motion Hearing held on 6/26/2017 re 57 MOTION to Strike Defendants Invalidity Arguments And For Judgment On The Pleadings MOTION for Judgment on the Pleadings filed by Natural Alternatives International, Inc., 44 MOTION to Dismiss for Failure to State a Claim filed by HBS International Corp., and 43 MOTION for Judgment on the Pleadings filed by Allmax Nutrition, Inc. The Court submits the motions, and will issue a written decision and order. (Court Reporter/ECR Lynnette Lawrence). (Plaintiff Attorney Frederick William Kosmo; William John McKeague; Richard J. Oparil). (Defendant Attorney Ragesh K. Tangri). (no document attached) (smy) (Entered: 06/26/2017)
2017-06-26 64 0 ORDER: (1) Granting Defendant Allmax's 43 and 44 Motion for Judgment on the Pleadings and Defendant HBS's 44 Motion to Dismiss with Partial Leave to Amend; and (2) Denying Plaintiff's 57 Motion for Judgment on the Pleadings. The Court grants Plaintiff leave to file a second amended complaint within fourteen (14) days from the date this order is filed. Signed by Judge Marilyn L. Huff on 6/26/2017. (ag) (Entered: 06/26/2017) 2017-07-26 10:10:02 d5cacad8e56332f689d8077ec93f8f305a2d5ee5
2017-06-28 65 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 6/26/2017, before Judge Marilyn L. Huff. Court Reporter/Transcriber: Echo Reporting. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/19/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/26/2017. (akr) (Entered: 06/28/2017)
2017-07-10 66 0 Second AMENDED COMPLAINT with Jury Demand against Allmax Nutrition, Inc., HBS International Corp., filed by Natural Alternatives International, Inc.. (Attachments: # 1 Table of Contents and 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 (PART I), # 14 Exhibit M (PART II), # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Proof of Service) (Kosmo, Frederick) (ag). (Entered: 07/10/2017) 2017-11-09 16:30:45 09662e54b667c3fed8a66b6fea578c61dadba73c
2017-07-18 67 0 MOTION to Partially Reconsider re 64 Order by Natural Alternatives International, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Richard J. Oparil, # 3 Exhibit A to Oparil Declaration, # 4 Exhibit B to Oparil Declaration, # 5 Exhibit C to Oparil Declaration, # 6 Exhibit 1 to Exhibit C to Oparil Declaration, # 7 Exhibit 2 to Exhibit C to Oparil Declaration, # 8 Exhibit 3 to Exhibit C to Oparil Declaration, # 9 Exhibit 4 to Exhibit C to Oparil Declaration, # 10 Exhibit D to Oparil Declaration, # 11 Exhibit E to Oparil Declaration, # 12 Exhibit F to Oparil Declaration, # 13 Proof of Service)(Kosmo, Frederick) (ag). (Entered: 07/18/2017)
2017-07-20 68 0 ORDER Continuing Hearing. The Motion Hearing as to 67 MOTION to Partially Reconsider re 64 Order is continued to 9/5/2017 at 10:30 AM in Courtroom 15A before Judge Marilyn L. Huff. All oppositions to the motions must be filed by 8/14/2017. Any replies must be filed by 8/21/2017. Signed by Judge Marilyn L. Huff on 7/20/2017.(ag) (Entered: 07/20/2017)
2017-07-24 69 0 MOTION to Dismiss for Failure to State a Claim , MOTION to Strike 66 Amended Complaint,, by Allmax Nutrition, Inc., HBS International Corp.. (Attachments: # 1 Memo of Points and Authorities)(Feldman, Michael) (ag). (Entered: 07/24/2017)
2017-08-14 70 0 RESPONSE in Opposition re 67 MOTION to Partially Reconsider re 64 Order filed by Allmax Nutrition, Inc., HBS International Corp.. (Feldman, Michael) (ag). (Entered: 08/14/2017)
2017-08-21 71 0 REPLY to Response to Motion re 67 MOTION to Partially Reconsider re 64 Order filed by Natural Alternatives International, Inc.. (Attachments: # 1 Declaration of Richard J. Oparil, # 2 Exhibit 1 to Declaration of Richard J. Oparil, # 3 Exhibit 2 to Declaration of Richard J. Oparil, # 4 Exhibit 3 to Declaration of Richard J. Oparil, # 5 Exhibit 4 to Declaration of Richard J. Oparil, # 6 Proof of Service)(Kosmo, Frederick) (ag). (Entered: 08/21/2017)
2017-08-22 72 0 RESPONSE in Opposition re 69 MOTION to Dismiss for Failure to State a Claim MOTION to Strike 66 Amended Complaint,, filed by Natural Alternatives International, Inc.. (Attachments: # 1 Declaration of Richard J. Oparil, # 2 Exhibit 1 to Declaration of Richard J. Oparil, # 3 Exhibit 2 to Declaration of Richard J. Oparil, # 4 Exhibit 3 to Declaration of Richard J. Oparil, # 5 Exhibit 4 to Declaration of Richard J. Oparil, # 6 Exhibit 5 to Declaration of Richard J. Oparil, # 7 Exhibit 6 to Declaration of Richard J. Oparil, # 8 Proof of Service)(Kosmo, Frederick) (ag). (Entered: 08/22/2017)
2017-08-28 73 0 ORDER Denying Plaintiff's 67 Motion for Reconsideration. Signed by Judge Marilyn L. Huff on 8/28/2017. (ag) (Entered: 08/28/2017)
2017-08-29 74 0 REPLY to Response to Motion re 69 MOTION to Dismiss for Failure to State a Claim MOTION to Strike 66 Amended Complaint,, filed by Allmax Nutrition, Inc., HBS International Corp.. (Tangri, Ragesh) (ag). (Entered: 08/29/2017)
2017-08-30 75 0 ORDER Granting in Part and Denying in Part Defendants' 69 Motion to Dismiss. The Court grants in part and denies in part Defendants' motion to dismiss. Plaintiff's claim for patent infringement remains dismissed with prejudice. The case will proceed on the remaining claims contained in the second amended complaint. Signed by Judge Marilyn L. Huff on 8/30/2017. (ag) (Entered: 08/30/2017)
2017-09-29 76 0 ANSWER to Complaint (Notice of Removal) to Second Amended Complaint by Allmax Nutrition, Inc (Feldman, Michael)(ajs). (Entered: 09/29/2017)
2017-09-29 77 0 ANSWER to Complaint (Notice of Removal) to Second Amended Complaint, COUNTERCLAIM against All Plaintiffs by HBS International Corp. (Feldman, Michael)(ajs). (Entered: 09/29/2017)
2017-06-08 78 0 MINUTE ENTRY (AGS): The Court held a telephonic settlement conference on 06/08/17, at 10:30 a.m. The case did not settle. (Plaintiff Attorney Hubert Kim). (Defendant Attorney Ragesh Tangri). (no document attached) (jrg) (Entered: 10/04/2017)
2017-10-12 79 0 Minute ORDER: The Claims Construction Hearing set for December 5, 2017 is hereby vacated. SO ORDERED by Judge Marilyn L. Huff on 10/12/2017. (no document attached) (smy) (Entered: 10/12/2017)
2017-10-20 80 0 Joint MOTION for Extension of Time to File Answer re 77 Answer to Complaint (Notice of Removal), Counterclaim by Natural Alternatives International, Inc.. (Attachments: # 1 Proof of Service)(Kosmo, Frederick) (ag). (Entered: 10/20/2017)
2017-10-20 81 0 ORDER Granting 80 Joint Motion for Extension of Time. Plaintiff's response to Defendants' counterclaims must be filed by 11/3/2017. Signed by Judge Marilyn L. Huff on 10/20/2017. (ag) (Entered: 10/20/2017)
2017-11-03 82 0 Joint MOTION for Extension of Time to File Answer re 77 Answer to Complaint (Notice of Removal), Counterclaim by Natural Alternatives International, Inc.. (Attachments: # 1 Proof of Service)(Kosmo, Frederick) (ag). (Entered: 11/03/2017)
2017-11-06 83 0 ORDER Granting 82 Second Joint Motion for Extension of Time. Plaintiff's response to Defendants' counterclaim must be filed by 11/10/2017. Signed by Judge Marilyn L. Huff on 11/3/2017. (ag) (Entered: 11/06/2017) 2017-11-09 16:35:26 b8b39b913f6b91c307306191297285b8d2f6e9b1