Lights Out Holdings, LLC et al v. Under Armour, Inc.
| California Southern District Court | |
| Judge: | John A Houston |
| Referred: | Nita L Stormes |
| Case #: | 3:17-cv-00194 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1121 Trademark Infringement (jurisdiction) |
| Case Filed: | Feb 01, 2017 |
| Terminated: | Oct 05, 2017 |
| Last checked: Monday Jul 31, 2017 1:35 AM PDT |
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Claimant
Comerica Bank
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Represented By
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Defendant
Under Armour, Inc.
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Represented By
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Plaintiff
Lights Out Holdings, LLC
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Represented By
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Plaintiff
Shawne Merriman
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Represented By
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| Docket last updated: 07/28/2023 11:59 PM PDT |
| Thursday, October 05, 2017 | ||
| 41 | 41
utility
Report Regarding Patent & Trademark Closing
Tue 10/31 1:44 PM
REPORT of Patent and Trademark Closing, regarding patent and/or trademark number(s) 2,885,212, 3,990,916, re40 Order Granting Joint Motion for Dismissal with Prejudice. cc:USPTO (mxn) |
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| 40 | 40
1
pgs
order
Order on Motion to Dismiss
Thu 10/05 12:37 PM
ORDER granting39 Joint Motion for Dismissal with prejudice. Signed by Judge John A. Houston on 10/03/2017. (jpp) |
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| Tuesday, September 26, 2017 | ||
| 39 | 39
motion
Dismiss
Tue 09/26 3:32 PM
Joint MOTION to Dismiss With Prejudice by Lights Out Holdings, LLC, Shawne Merriman. (Skale, Andrew) |
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| Thursday, September 14, 2017 | ||
| 38 | 38
2
pgs
order
Order on Motion to Continue
Thu 09/14 3:38 PM
ORDER granting37 Joint Motion to modify briefing schedule re motion to dismiss. Deadline to Oppose Defendants Motion to Dismiss or File Amended Complaint due 10/9/2017. Reply Brief in Support of Defendants Motion to Dismissdue 10/16/2017. Motion Hearing set for 10/23/2014 02:30 AM in Courtroom 13B before Judge John A. Houston.. Signed by Judge John A. Houston on 9/14/2017. (jpp) |
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| Friday, September 01, 2017 | ||
| 37 | 37
motion
Continue
Fri 09/01 1:47 PM
Joint MOTION to Continue /Modify Schedule re Motion to Dismiss (ECF No. 37) by Lights Out Holdings, LLC, Shawne Merriman. (Skale, Andrew) |
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| Wednesday, July 26, 2017 | ||
| 36 | 36
misc
Supplemental Document
Wed 07/26 12:46 PM
SUPPLEMENTAL DOCUMENT by Comerica Bank re35 Notice (Other) Statement of Date on Which Notice of Lien was Filed . (Hemar, Peter) |
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| Tuesday, July 25, 2017 | ||
| 35 | 35
notice
Notice (Other)
Tue 07/25 2:02 PM
NOTICE OF LIEN by Comerica Bank (Hemar, Peter)Attorney Peter Steven Hemar added to party Comerica Bank(pty:clm) |
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| Friday, July 21, 2017 | ||
| 34 | 34
order
Order on Motion to Continue
Fri 07/21 9:59 AM
ORDER granting33 Joint Motion to Continue motion to dismiss deadlines. Deadline to Oppose Defendants Partial Motion to Dismiss or File Amended Complaint due 9/04/2017. Reply Brief in Support of Defendants Motion to Dismiss due 9/11/2017. Hearing on Defendants Motion to Dismiss continued to 9/18/2017 at 2:30pm. Signed by Judge John A. Houston on 7/20/2017. (jpp) |
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| Wednesday, July 19, 2017 | ||
| 33 | 33
motion
Continue
Wed 07/19 11:43 AM
Joint MOTION to Continue Motion to Dismiss Deadlines by Lights Holdings, LLC, Shawne Merriman. (Deagle, Wynter) (jpp) |
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| Friday, June 16, 2017 | ||
| 32 | 32
order
Order on Motion to Dismiss for Failure to State a Claim
Fri 06/16 2:25 PM
ORDER denying as moot8 Motion to Dismiss Plaintiffs' original complaint. Signed by Judge John A. Houston on 6/16/2017. (jpp) Modified on 6/16/2017 to replace image, nef resent to all parties. (jpp) |
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| Wednesday, May 31, 2017 | ||
| 31 | 31
motion
Dismiss for Failure to State a Claim
Wed 05/31 1:53 PM
MOTION to Dismiss for Failure to State a Claim by Under Armour, Inc..(Lucas, Stephen) (jpp) |
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Att: 1
Memorandum of Points and Authorities in support of Under Armour's Partial Motion to Dismiss the First Amended Complaint
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| 30 | 30
answer
Answer to Amended Complaint
Wed 05/31 1:37 PM
ANSWER to29 Amended Complaint with Jury Demand by Under Armour, Inc..(Lucas, Stephen) (jpp) |
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| Wednesday, May 17, 2017 | ||
| 29 | 29
cmp
Amended Complaint
Wed 05/17 12:18 PM
AMENDED COMPLAINT with Jury Demand against Under Armour, Inc., filed by Lights Out Holdings, LLC, Shawne Merriman. (Skale, Andrew) (jpp) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E
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| Wednesday, May 10, 2017 | ||
| 28 | 28
order
Order on Motion for Miscellaneous (Other 1)
Wed 05/10 8:30 AM
ORDER granting27 Joint Motion to modify schedule re motion to dismiss (ECF NO.8 ). Responses due by 5/17/2017. Replies due by 6/5/2017. Motion Hearing set for 6/19/2017 02:30 PM in Courtroom 13B before Judge John A. Houston.. Signed by Judge John A. Houston on 5/09/2017. (jpp) |
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| Monday, May 08, 2017 | ||
| 27 | 27
motion
Miscellaneous (Other 1)
Mon 05/08 4:55 PM
Joint MOTION re8 MOTION to Dismiss for Failure to State a Claim to Modify Briefing Schedule by Lights Out Holdings, LLC, Shawne Merriman. (Skale, Andrew) (jpp) |
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| Wednesday, May 03, 2017 | ||
| 26 | 26
order
Scheduling Order
Wed 05/03 3:20 PM
SCHEDULING ORDER regulating discovery and other pre-trial proceedings. Early Neutral Evaluation Conference held 4/26/2017. Mandatory Settlement Conference set for 5/9/2018 02:30 PM before Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 6/2/2018. Final Pretrial Conference set for 7/9/2018 02:30 PM in Courtroom 13B before Judge John A. Houston.. Signed by Magistrate Judge Nita L. Stormes on 5/03/2017.(jpp) |
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| Wednesday, April 26, 2017 | ||
| 25 | 25
minutes
Early Neutral Evaluation Conference
Wed 04/26 5:05 PM
Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Early Neutral Evaluation Conference held on 4/26/2017. Court made a settlement recommendation. Each party to notify chambers by 4/28/2017 regarding whether they agree to settle the case.(Plaintiff Attorney Andrew Skale). (Defendant Attorneys Doug Rettew, Stephen Lucas). (no document attached) (lkw) |
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| Thursday, March 23, 2017 | ||
| 24 | 24
order
Order on Motion to Continue
Thu 03/23 9:19 AM
ORDER granting22 Joint ex parte motion to continue motion to dismiss deadlines. Opposition to Defendants Motion to Dismiss due May 10, 2017.Reply Brief in support of Defendants Motion to Dismiss due May 19, 2017Hearing on Defendants Motion to Dismiss is set for June 5, 2017 at 2:30pm. Signed by Judge John A. Houston on 3/22/2017. (jpp) |
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| Monday, March 20, 2017 | ||
| 23 | 23
notice
Notice of Appearance
Mon 03/20 11:30 AM
NOTICE of Appearance by Wynter L. Deagle on behalf of Lights Out Holdings, LLC, Shawne Merriman (Deagle, Wynter)Attorney Wynter L. Deagle added to party Lights Out Holdings, LLC(pty:pla), Attorney Wynter L. Deagle added to party Shawne Merriman(pty:pla) (jpp) |
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| Friday, March 17, 2017 | ||
| 22 | 22
motion
Continue
Fri 03/17 4:15 PM
Joint MOTION to Continue Ex Parte to Continue Motion to Dismiss Deadlines by Lights Out Holdings, LLC, Shawne Merriman. (Skale, Andrew) |
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| Tuesday, March 14, 2017 | ||
| 21 | 21
order
Order ~Util - Set Hearings
Tue 03/14 10:30 AM
NOTICE and ORDER: (1) Setting Early Neutral Evaluation Conference for 4/26/2017 at 9:30am; and (2) Vacating telephonic status conference set for 4/28/2017 at 9:30am. Signed by Magistrate Judge Nita L. Stormes on 3/14/2017.(jpp) |
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| Friday, March 03, 2017 | ||
| 20 | 20
misc
Pro Hac Vice Approved - Clerk
Fri 03/03 12:23 PM
PRO HAC APPROVED: Douglas A. Rettew appearing for Defendant Under Armour, Inc. (no document attached) (kcm) |
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| 19 | 19
notice
Request to Appear Pro Hac Vice
Fri 03/03 10:37 AM
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9866159.) (Application to be reviewed by Clerk.) |
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| Thursday, March 02, 2017 | ||
| 17 | 17
order
Order on Motion to File Documents Under Seal
Thu 03/02 11:14 AM
ORDER Granting9 Defendant Under Armour, Inc.'s Motion to File Document Under Seal. Signed by Judge John A. Houston on 3/2/2017. (aef) (sjt) |
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| Tuesday, February 28, 2017 | ||
| 16 | 16
order
Order ~Util - Set Hearings
Wed 03/01 8:52 AM
ORDER (1) Setting Rule 26 compliance; and (2) Notice of Telephonic Status Conference. Telephonic Status Conference set for 4/28/2017 at 9:30am. Signed by Magistrate Judge Nita L. Stormes on 2/28/2017.(jpp) |
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| Monday, February 27, 2017 | ||
| 15 | 15
misc
Pro Hac Vice Approved - Clerk
Mon 02/27 12:45 PM
PRO HAC APPROVED: Danielle Wright appearing for Defendant Under Armour, Inc. (no document attached) (kcm) |
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| 14 | 14
notice
Request to Appear Pro Hac Vice
Mon 02/27 12:27 PM
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9849633.) (Application to be reviewed by Clerk.) (Wright, Danielle) (kcm) |
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| 13 | 13
misc
Pro Hac Vice Approved - Clerk
Mon 02/27 12:18 PM
PRO HAC APPROVED: Anna Balichina Naydonov appearing for Defendant Under Armour, Inc. (no document attached) (kcm) |
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| 12 | 12
notice
Request to Appear Pro Hac Vice
Mon 02/27 11:03 AM
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-9848931.) (Application to be reviewed by Clerk.) (Naydonov, Anna) (kcm) |
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| 11 | 11
service
Certificate of Service
Mon 02/27 10:50 AM
CERTIFICATE OF SERVICE by Under Armour, Inc. re9 MOTION to File Documents Under Seal (Lucas, Stephen) (jpp) |
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| Friday, February 24, 2017 | ||
| 10 | 10
respoth
Sealed Lodged Proposed Document
Fri 02/24 6:51 PM
SEALED LODGED Proposed Document re:9 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Lucas, Stephen) |
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| 9 | 9
motion
Motion to File Documents Under Seal
Fri 02/24 6:43 PM
MOTION to File Documents Under Seal (With attachments)(Lucas, Stephen) |
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| 8 | 8
motion
Dismiss for Failure to State a Claim
Fri 02/24 6:25 PM
MOTION to Dismiss for Failure to State a Claim by Under Armour, Inc..(Lucas, Stephen) |
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Att: 1
Memo of Points and Authorities Memorandum of Points and Authorities ISO Under Armour, Inc.'s Partial Motion to Dismiss,
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Att: 2
Declaration Anna Naydonov's Declaration and Exhibits ISO Under Armour, Inc.'s Partial Motion to Dismiss
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| 7 | 7
answer
Answer to Complaint
Fri 02/24 5:53 PM
ANSWER to1 Complaint, with Jury Demand by Under Armour, Inc..(Lucas, Stephen)Attorney Stephen D Lucas added to party Under Armour, Inc.(pty:dft) |
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| Friday, February 10, 2017 | ||
| 6 | 6
service
Summons Returned Executed
Fri 02/10 11:26 AM
SUMMONS Returned Executed by Lights Out Holdings, LLC, Shawne Merriman. All Defendants served. (Skale, Andrew) (jpp) |
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| Monday, February 06, 2017 | ||
| 5 | 5
order
Order of Transfer Pursuant to Low Number Rule
Mon 02/06 4:28 PM
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE: Case reassigned to Judge John A. Houston and Magistrate Judge Nita L. Stormes for all further proceedings. Judge Gonzalo P. Curiel, Magistrate Judge Jill L. Burkhardt no longer assigned to case. The new case number is 17cv194 JAH-NLS. Signed by Judge Gonzalo P. Curiel on 2/3/2017. Signed by Judge John Houston on 2/2/2017. (mdc) |
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| Wednesday, February 01, 2017 | ||
| 4 | 4
service
Summons Issued
Wed 02/01 12:57 PM
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. (mxn) |
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| 3 | 3
utility
Report Regarding Patent & Trademark FORM
Wed 02/01 12:52 PM
REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *2,885,212*, *3,990,916* cc:USPTO (mxn) |
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| 2 | 2
notice
Notice of Related Case
Wed 02/01 12:48 PM
NOTICE OF RELATED CASE(S) by Lights Out Holdings, LLC, Shawne Merriman of case(s) 14cv0872 JAH (NLS). (mxn) |
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| 1 | 1
18
pgs
cmp
Complaint
Wed 02/01 12:38 PM
COMPLAINT with Jury Demand against Under Armour, Inc. (Filing fee $400 receipt number 0974-9776384.), filed by Lights Out Holdings, LLC, Shawne Merriman. The new case number is 3:17-cv-194-GPC-JLB. Judge Gonzalo P. Curiel and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Skale, Andrew)(mxn) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E
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