| Court: | tned |
| Docket #: | 3:11-cv-00513 |
| Case Name: | Zhongshan Rising Dragon Foreign Technology Co. Ltd. et al v. Jacuzzi, Inc et al |
| PACER case #: | 62269 |
| Date filed: | 2011-10-28 |
| Date terminated: | 2012-05-23 |
| Assigned to: | District Judge Thomas W Phillips |
| Referred to: | Magistrate Judge C Clifford Shirley, Jr |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Zhongshan Rising Dragon Foreign Technology Co. Ltd. Plaintiff |
James M Burke Robert Brunelli |
| Rising Dragon USA, LLC Plaintiff |
James M Burke Robert Brunelli |
| Jacuzzi, Inc Defendant |
Douglas M Hall Joshua R Holden J Michael Winchester |
| Sundance Spas, Inc. Defendant |
Douglas M Hall Joshua R Holden J Michael Winchester |
| Harbor Plastics Manufacturing Co. Defendant |
J Michael Winchester Joshua R Holden Karen I Boyd |
| Sundance Spas, Inc. Counter Claimant |
Joshua R Holden J Michael Winchester |
| Rising Dragon USA, LLC Counter Defendant |
James M Burke Robert Brunelli |
| Zhongshan Rising Dragon Foreign Technology Co. Ltd. Counter Defendant |
James M Burke Robert Brunelli |
| Jacuzzi, Inc Counter Claimant |
Joshua R Holden J Michael Winchester |
| Rising Dragon USA, LLC Counter Defendant |
James M Burke Robert Brunelli |
| Zhongshan Rising Dragon Foreign Technology Co. Ltd. Counter Defendant |
James M Burke Robert Brunelli |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-10-28 | 1 | 0 | COMPLAINT against Jacuzzi, Inc (Filing fee $ 350), filed by Zhongshan Rising Dragon Foreign Technology Co. Ltd., Rising Dragon USA, LLC.(Attachments: # 1 Exhibit 1 and 2, # 2 Civil Cover Sheet)(KAW) (Entered: 10/31/2011) | |||
| 2011-10-28 | 2 | 0 | Certificate of Corporate Interest filed by Rising Dragon USA, LLC and Zhongshan Rising Dragon Foreign Technology Co. Ltd. (KAW) (Entered: 10/31/2011) | |||
| 2011-10-28 | 3 | 0 | MOTION for Leave to Appear Pro Hac Vice for Robert R Brunelli (Filing fee $ 60) (Receipt #K3017300) by Rising Dragon USA, LLC and Zhongshan Rising Dragon Foreign Technology Co. Ltd. (Attachments: # 1 Exhibit)(KAW) (Entered: 10/31/2011) | |||
| 2011-10-28 | 4 | 0 | MOTION for Leave to Appear Pro Hac Vice for James M Burke (Filing fee $ 60)(Reciept # K3017300) by Rising Dragon USA, LLC, Zhongshan Rising Dragon Foreign Technology Co. Ltd. (Attachments: # 1 Exhibit)(KAW) (Entered: 10/31/2011) | |||
| 2011-10-31 | 5 | 0 | PATENT AND TRADEMARK NOTICE in compliance with 35 USC 290 and/or 15 USC 1116 regarding 6,860,437. (KAW) (Entered: 10/31/2011) | |||
| 2011-11-08 | 6 | 0 | ORDER Pursuant to Local Rule 3.2(d)(3), the undersigned finds that the above-captioned case is related to Zhongshan Rising Dragon Foreign Technology, Co., Ltd. v. Jacuzzi, Inc., No. 3:10-cv-553. The Court finds that both these cases contain claims involving the '437 patent. Case number 3:10-cv-553 was non-suited in May 2011, and the case captioned above refers to it as the "previous action" in describing the procedural posture of this matter. Because the first of these cases was assigned to District Judge Thomas Phillips and Magistrate Judge C. Clifford Shirley, this case will also be assigned to District Judge Thomas Phillips and Magistrate Judge C. Clifford Shirley. However, consolidation is not ordered.Signed by Magistrate Judge C Clifford Shirley on 11/08/2011. (KAW) (Entered: 11/08/2011) | |||
| 2011-11-22 | 7 | 0 | First AMENDED COMPLAINT against Jacuzzi, Inc, Sundance Spas, Inc., and Harbor Plastics Manufacturing Co. filed by Zhongshan Rising Dragon Foreign Technology Co. Ltd. and Rising Dragon USA, LLC. (Attachments: # 1 Exhibit 1 - USP 6,860,437, # 2 Exhibit 2 - Photographs of Infringing Jets, # 3 Exhibit 3 - email correspondence, # 4 Other Summons to Sundance, # 5 Other Summons to Harbor) (Burke, James) Modified text to add defendant on 11/23/2011 (AYB). (Entered: 11/22/2011) | |||
| 2011-11-23 | 8 | 0 | Summons Issued as to Harbor Plastics Manufacturing Co. and Sundance Spas, Inc. (Attachments: # 1 Harbor Plastics summons) (AYB) (Entered: 11/23/2011) | |||
| 2011-11-29 | 9 | 0 | SUMMONS Returned Executed by Zhongshan Rising Dragon Foreign Technology Co. Ltd., Rising Dragon USA, LLC. Jacuzzi, Inc served on 11/29/2011. (Brunelli, Robert) (Entered: 11/29/2011) | |||
| 2011-12-09 | 10 | 0 | ORDER granting 3 and 4 Motions for Attorneys James Burke and Robert Brunelli to Appear Pro Hac Vice on behalf of plaintiffs. Signed by District Judge Thomas W Phillips on December 9, 2011. (RLK) (Entered: 12/09/2011) | |||
| 2011-12-09 | 11 | 0 | SUMMONS Returned Executed by Zhongshan Rising Dragon Foreign Technology Co. Ltd., Rising Dragon USA, LLC. Sundance Spas, Inc. served on 11/30/2011. (Brunelli, Robert) (Entered: 12/09/2011) | |||
| 2011-12-12 | 12 | 0 | SUMMONS Returned Executed by Zhongshan Rising Dragon Foreign Technology Co. Ltd., Rising Dragon USA, LLC. Harbor Plastics Manufacturing Co. served on 12/2/2011. (Brunelli, Robert) (Entered: 12/12/2011) | |||
| 2011-12-20 | 13 | 0 | MOTION (titled "Stipulation") for Extension of Time to respond to 7 Plaintiffs' Amended Complaint by Jacuzzi, Inc, Sundance Spas, Inc. (AYB) (Entered: 12/21/2011) | |||
| 2011-12-22 | 14 | 0 | ORDER granting 13 Motion for Extension of Time to Answer re 13 MOTION for Extension of Time to File Answer re 7 Amended Complaint. Defendants Jacuzzi, Inc., and Sundance Spas, Inc., shall have up to an including January 10, 2012. Signed by District Judge Thomas W Phillips on December 22, 2011. (RLK) (Entered: 12/22/2011) | |||
| 2011-12-30 | 15 | 0 | Joint MOTION for Extension of Time to File Answer re 7 Amended Complaint, on Behalf of Defendant Harbor Plastics Manufacturing Co. by Rising Dragon USA, LLC, Zhongshan Rising Dragon Foreign Technology Co. Ltd.. (Attachments: # 1 Text of Proposed Order)(Brunelli, Robert) (Entered: 12/30/2011) | |||
| 2012-01-04 | 16 | 0 | ORDER granting 15 plaintiffs and defendant Harbor's Motion for Extension of Time up to and including January 20, 2012 for Harbor to respond to the First Amended Complaint. Signed by District Judge Thomas W Phillips on January 3, 2012. (mailed to Mr. Hall and emailed to representative for Harbor Laura Norris. Harbor is in the process of obtaining counsel.) (AYB) (Entered: 01/04/2012) | |||
| 2012-01-06 | 17 | 0 | MOTION (titled "Stipulation") for Extension of Time to respond to 7 plaintiffs' Amended Complaint by Jacuzzi, Inc and Sundance Spas, Inc. (AYB) (Entered: 01/09/2012) | |||
| 2012-01-13 | 18 | 0 | ORDER granting 17 Motion for Extension of Time to Answer 7 Amended Complaint. Signed by District Judge Thomas W Phillips on January 13, 2012. (RLK) (Entered: 01/13/2012) | |||
| 2012-01-20 | 19 | 0 | ANSWER to 7 Amended Complaint, by Harbor Plastics Manufacturing Co..(Winchester, J) (Entered: 01/20/2012) | |||
| 2012-01-20 | 20 | 0 | ANSWER to 7 Amended Complaint and COUNTERCLAIM against Rising Dragon USA, LLC, Zhongshan Rising Dragon Foreign Technology Co. Ltd. by Sundance Spas, Inc. (Winchester, J) Modified text on 1/23/2012 (AYB). (Entered: 01/20/2012) | |||
| 2012-01-20 | 21 | 0 | ANSWER to 7 Amended Complaint and COUNTERCLAIM against Rising Dragon USA, LLC, Zhongshan Rising Dragon Foreign Technology Co. Ltd. by Jacuzzi, Inc. (Winchester, J) Modified text on 1/23/2012 (AYB). (Entered: 01/20/2012) | |||
| 2012-01-20 | 22 | 0 | Certificate of Corporate Interest by Harbor Plastics Manufacturing Co.. (Winchester, J) (Entered: 01/20/2012) | |||
| 2012-01-20 | 23 | 0 | Certificate of Corporate Interest by Sundance Spas, Inc.. (Winchester, J) (Entered: 01/20/2012) | |||
| 2012-01-20 | 24 | 0 | Certificate of Corporate Interest by Jacuzzi, Inc. (Winchester, J) (Entered: 01/20/2012) | |||
| 2012-01-20 | 25 | 0 | Joint MOTION to Change Venue by Harbor Plastics Manufacturing Co., Jacuzzi, Inc, Sundance Spas, Inc.. (Winchester, J) (Entered: 01/20/2012) | |||
| 2012-01-20 | 26 | 0 | MEMORANDUM in Support of Motion re 25 Joint MOTION to Change Venue filed by Harbor Plastics Manufacturing Co., Jacuzzi, Inc, Sundance Spas, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Winchester, J) (Entered: 01/20/2012) | |||
| 2012-01-23 | 27 | 0 | (Case at Issue) NOTICE of Availability of Magistrate Judge. (AYB) (Entered: 01/23/2012) | |||
| 2012-01-24 | 28 | 0 | AMENDED 22 Certificate of Corporate Interest by Harbor Plastics Manufacturing Co. (Winchester, J) Modified text on 1/24/2012 (AYB). (Entered: 01/24/2012) | |||
| 2012-02-06 | 29 | 0 | Unopposed MOTION for Extension of Time to File Response to 25 Joint MOTION to Change Venue, 20 Counterclaim, and 21 Counterclaim by Rising Dragon USA, LLC, Zhongshan Rising Dragon Foreign Technology Co. Ltd. (Brunelli, Robert) Modified text on 2/7/2012 (AYB). (Entered: 02/06/2012) | |||
| 2012-02-08 | 30 | 0 | ORDER granting 29 plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendants' Joint Motion to Transfer Pursuant to 28 U.S.C. § 1401(a) and Defendants Sundance Spas, Inc.'s and Jacuzzi, Inc.'s Counterclaims, whereby the deadlines for Plaintiffs to respond to Defendants Joint Motion to Transfer and Defendants Sundance Spas, Inc.'s and Jacuzzi, Inc.'s Counterclaims are EXTENDED up to and including March 7, 2012. Signed by District Judge Thomas W Phillips on February 8, 2012. (AYB) (Entered: 02/08/2012) | |||
| 2012-02-21 | 31 | 0 | MOTION for Karen I. Boyd to Appear Pro Hac Vice (Filing fee $ 60: K3018158) by Harbor Plastics Manufacturing Co. (Attachments: # 1 Certificate of Good Standing - state, # 2 Certificate of Good Standing - NDCA) (AYB) (Entered: 02/22/2012) | |||
| 2012-03-05 | 32 | 0 | Unopposed MOTION for Extension of Time to File Response to 25 Joint MOTION to Change Venue and to respond to 20 21 Jacuzzi's and Sundance's Counterclaims by Rising Dragon USA, LLC, Zhongshan Rising Dragon Foreign Technology Co. Ltd. (Brunelli, Robert) Modified text on 3/6/2012 (AYB). (Entered: 03/05/2012) | |||
| 2012-03-08 | 33 | 0 | ORDER granting 32 Plaintiffs' Second Unopposed Motion for Enlargement of Time to Respond to Defendants' Joint Motion to Transfer Pursuant to 28 U.S.C. § 1401(a) and Defendants Sundance Spas, Inc.'s and Jacuzzi, Inc.'s Counterclaims, whereby Plaintiffs are granted an extension of time up to and including March 17, 2012 in which to respond to Defendants' Joint Motion to Transfer and Defendants Jacuzzi, Inc.'s and Sundance Spas, Inc.'s counterclaims. Signed by District Judge Thomas W Phillips on March 8, 2012. (AYB) (Entered: 03/08/2012) | |||
| 2012-03-16 | 34 | 0 | Unopposed MOTION for Extension of Time to File Response/Reply as to 25 Joint MOTION to Change Venue, 20 Answer to Amended Complaint, Counterclaim, 21 Answer to Complaint, Counterclaim by Rising Dragon USA, LLC, Zhongshan Rising Dragon Foreign Technology Co. Ltd.. (Brunelli, Robert) (Entered: 03/16/2012) | |||
| 2012-03-19 | 35 | 0 | ORDER granting 34 Motion for Extension of Time to File Response/Reply: The deadlines for Plaintiffs to respond to Defendants' Joint Motion to Transfer and Defendants Sundance Spas, Inc.'s and Jacuzzi, Inc.'s Counterclaims are EXTENDED up to and including March 26, 2012. Signed by District Judge Thomas W Phillips on 3/19/2012. (KMK) Modified on 3/19/2012 (KMK): copies mailed to Karen Boyd and Douglas Hall (Entered: 03/19/2012) | |||
| 2012-03-20 | 36 | 0 | ANSWER to 20 Sundance Spas, Inc.'s Affirmative Defenses and Counterclaims by Rising Dragon USA, LLC, Zhongshan Rising Dragon Foreign Technology Co. Ltd. (Brunelli, Robert) Modified text on 3/21/2012 (AYB). (Entered: 03/20/2012) | |||
| 2012-03-20 | 37 | 0 | ANSWER to 21 Jacuzzi, Inc.'s Affirmative Defenses and Counterclaims by Rising Dragon USA, LLC, Zhongshan Rising Dragon Foreign Technology Co. Ltd. (Brunelli, Robert) Modified text on 3/21/2012 (AYB). (Entered: 03/20/2012) | |||
| 2012-03-26 | 38 | 0 | Joint MOTION to Stay Proceedings by Harbor Plastics Manufacturing Co., Jacuzzi, Inc, Rising Dragon USA, LLC, Sundance Spas, Inc., Zhongshan Rising Dragon Foreign Technology Co. Ltd.. (Winchester, J) (Entered: 03/26/2012) | |||
| 2012-03-26 | 39 | 0 | ORDER granting 38 the parties' joint Motion to Stay, whereby proceedings are STAYED through and including April 26, 2012. The parties are directed to report to the Court on or before April 26, 2012, the status of the case and whether the case should be reinstated on the Court's docket. Signed by District Judge Thomas W Phillips on March 26, 2012. (AYB) (Entered: 03/26/2012) | |||
| 2012-04-19 | 40 | 0 | ORDER granting 31 Motion for Leave to Appear Pro Hac Vice by Attorney Karen I. Boyd on behalf of Harbor Plastics Manufacturing Co. Signed by District Judge Thomas W Phillips on April 19, 2012. Copy of order and electronic filing requirement sent to counsel. (RLK) (Entered: 04/20/2012) | |||
| 2012-04-26 | 41 | 0 | STATUS REPORT and MOTION to Extend Stay by Rising Dragon USA, LLC, Zhongshan Rising Dragon Foreign Technology Co. Ltd. (Brunelli, Robert) Modified text on 4/26/2012 (AYB). (Entered: 04/26/2012) | |||
| 2012-04-30 | 42 | 0 | ORDER granting 41 the parties' joint Motion to extend the stay of this action, whereby the stay of this action is extended up to and including May 9, 2012. The parties are directed to report to the Court on or before May 9, 2012, the status of the case and whether the case should be reinstated on the Court's docket. Signed by District Judge Thomas W Phillips on April 30, 2012. (AYB) (Entered: 04/30/2012) | |||
| 2012-05-09 | 43 | 0 | STATUS REPORT and MOTION to Extend Stay by Rising Dragon USA, LLC, Zhongshan Rising Dragon Foreign Technology Co. Ltd. (Brunelli, Robert) Modified text on 5/10/2012 (AYB). (Entered: 05/09/2012) | |||
| 2012-05-11 | 44 | 0 | ORDER granting 43 the parties' Motion for an extension of the current stay, whereby the stay of this matter is EXTENDED up to and including May 23, 2012. The parties are directed to report to the Court on or before May 23, 2012, the status of the case and whether the case should be reinstated on the Court's docket. Signed by District Judge Thomas W Phillips on May 11, 2012. (AYB) (Entered: 05/11/2012) | |||
| 2012-05-23 | 45 | 0 | Joint STIPULATION of Dismissal with Prejudice by the parties. (Brunelli, Robert) Modified text on 5/23/2012 (AYB). (Entered: 05/23/2012) | |||
| 2012-05-24 | 46 | 0 | PATENT REPORT in compliance with 35 USC 290 and/or 15 USC 1116 regarding determination of action re: 6,860,437. (AYB) (Entered: 05/24/2012) |