K-fee System GmbH v. Nespresso USA, Inc.

2:22-cv-00525 | California Central District Court

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Division Los Angeles (Western Division)
Judge Judge George H Wu
Filed Jan. 25, 2022
Case Flags ACCO, (AGRx), AO120, CONSOLTR, DISCOVERY, MANADR, RELATED-G, and STAYED
Magistrate Magistrate Judge Alicia G. Rosenberg
Nature of Suit 830 Patent
Cause 35:271 Patent Infringement
Jury Demand Both
Lead Case 2:21-cv-03402
Related Case 2:21-cv-03402
Last Updated: 1 week, 5 days ago Show Interactive Timeline
Upcoming Events
3 Months
  • 7/2/2025
with a joint status report to be filed by noon on July 2, 2025.
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3 Months
  • 7/7/2025
The Court sets a status conference re PTAB decision for July 7, 2025 at 8:30 a.m.
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4 Months
  • 8/7/2025
  • 8/19/2025
The Court sets the following in those matters: Pretrial Conference August 7, 2025 at 8:30 a.m. Jury Trial August 19, 2025 at 9:00 a.m. The status conference set for September 5, 2024 is continued to October 10, 2024 at 8:30 a.m. The parties are to file a joint status report by noon on October 7, 2024.
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Filing Date # Docket Text
3/3/2025Substitute Attorney
2/26/2025Substitute Attorney (G-01)
1/27/2025Notice of Filing Transcript
1/27/2025-Transcript
1/23/2025Telephone Conference, ~Util - Set/Reset Motion Hearing and R&R Deadlines, For Order re Discovery Matter
1/23/2025
  • Order
Order re Discovery Matter
10/9/2024
  • Order
MINUTES IN CHAMBERS- COURT ORDER by Judge George H Wu. The Court takes the October 10, 2024 status conference off-calendar. The Markman hearing is continued to December 9, 2024 at 9:30 a.m. In addition, the matter is set for a hearing on October 17, 2024, on Nespresso's motion for leave to amend its Answers in the three matters. The Court has reviewed the motion, finds good cause for the amendment, and notes K-Fee's express non-opposition to the motion. The Court therefore grants the motion, vacates the October 17 hearing, and orders the amended Answers filed as of the date that Nespresso already filed them, September 25, 2024. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 10/09/2024)
9/30/2024
  • Answerby Δ
SEALED DOCUMENT Nespresso USA, Inc.'s Amended Answer and Counterclaims re APPLICATION to file document with Confidential Information under seal 120 , Order on Motion for Leave to File Document Under Seal, 122 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Ex. 7 [unredacted], # 2 Ex. 8 [unredacted], # 3 Ex. 9 [unredacted], # 4 Ex. 14 [unredacted], # 5 Certificate of Service)(Hsin, Yu-Chieh) (Entered: 09/30/2024)
9/26/2024
  • Motion to FileGranted
ORDER GRANTING NESPRESSO USA, INC.'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Judge George H Wu. Accordingly, it is hereby ORDERED that Nespresso USA's Application for Leave to File Under Seal is GRANTED in its entirety. It is further ORDERED that the following documents are to be filed under seal: (See document for further details).; granting 120 APPLICATION to file document with Confidential Information under seal. (aco) (Entered: 09/27/2024)
9/25/2024SEALED DECLARATION IN SUPPORT OF APPLICATION to file document with Confidential Information under seal 120 filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Amended Answer [Unredacted], # 2 Exhibit 7 [Unredacted], # 3 Exhibit 8 [Unredacted], # 4 Exhibit 9 [Unredacted], # 5 Exhibit 14 [Unredacted], # 6 Certificate of Service)(Hsin, Yu-Chieh) (Entered: 09/25/2024)
9/25/2024
  • Motion to File Documentby Δ
APPLICATION to file document with Confidential Information under seal filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Amended Answer [Redacted], # 2 Exhibit 7 [Redacted], # 3 Exhibit 8 [Redacted], # 4 Exhibit 9 [Redacted], # 5 Exhibit 14 [Redacted], # 6 Proposed Order)(Hsin, Yu-Chieh) (Entered: 09/25/2024)
9/25/2024
  • Answerby Δ
AMENDED ANSWER Nespresso USA, Inc.'s Amended Answer and Counterclaims filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Ex. 7 [ Redacted], # 8 Exhibit 8 [Redacted], # 9 Exhibit 9 [Redacted], # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14 [Redacted])(Hsin, Yu-Chieh) (Entered: 09/25/2024)
8/28/2024
  • Answerby Δ
SEALED DOCUMENT Answer to Amended Complaint and Certain Exhibits re Order on Motion for Leave to File Document Under Seal,, 117 filed by Defendant Nestle Nespresso S.A.. (Attachments: # 1 Exhibit 7 to Answer, # 2 Exhibit 8 to Answer, # 3 Exhibit 9 to Answer, # 4 Exhibit 14 to Answer, # 5 Certificate of Service)(Hsin, Yu-Chieh) (Entered: 08/28/2024)
8/26/2024
  • Motion to FileGranted
ORDER GRANTING NESTLE NESPRESSO S.A.'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Judge George H Wu. Accordingly, it is hereby ORDERED that NNSA's Application for Leave to File Under Seal is GRANTED in its entirety. It is further ORDERED that the following documents are to be filed under seal: (See document for further details).; granting 115 APPLICATION to file document Nestle Nespresso S.A.'s Answer to Amended Complaint and Exhibits 7-9 and 14 under seal. (aco) (Entered: 08/27/2024)
8/23/2024SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Nestle Nespresso S.A.'s Answer to Amended Complaint and Exhibits 7-9 and 14 under seal 115 filed by Defendant Nestle Nespresso S.A.. (Attachments: # 1 Unredacted Version of Answer to Amended Complaint, # 2 Unredacted Version of Exhibit 7, # 3 Unredacted Version of Exhibit 8, # 4 Unredacted Version of Exhibit 9, # 5 Unredacted Version of Exhibit 14, # 6 Certificate of Service)(Hsin, Yu-Chieh) (Entered: 08/23/2024)
8/23/2024
  • Motion to File Documentby Δ
APPLICATION to file document Nestle Nespresso S.A.'s Answer to Amended Complaint and Exhibits 7-9 and 14 under seal filed by Defendant Nestle Nespresso S.A.. (Attachments: # 1 Proposed Order, # 2 Redacted Version of Answer to Amended Complaint, # 3 Redacted Version of Exhibit 7, # 4 Redacted Version of Exhibit 8, # 5 Redacted Version of Exhibit 9, # 6 Redacted Version of Exhibit 14)(Hsin, Yu-Chieh) (Entered: 08/23/2024)
8/23/2024
  • Answerby Δ
ANSWER to Amended Complaint/Petition, 24 with JURY DEMAND Nestle Nespresso S.A.'s Answer to Amended Complaint [Redacted] filed by Defendant Nestle Nespresso S.A.. (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Ex. 3, # 4 Ex. 4, # 5 Ex. 5, # 6 Ex. 6, # 7 Ex. 7 - Redacted, # 8 Ex. 8 - Redacted, # 9 Ex. 9 - Redacted, # 10 Ex. 10, # 11 E. 11, # 12 Ex. 12, # 13 Ex. 13, # 14 Ex. 14 - Redacted)(Hsin, Yu-Chieh) (Entered: 08/23/2024)
8/23/2024 NOTICE of Appearance filed by attorney Yu-Chieh Ernest Hsin on behalf of Defendants Nespresso USA, Inc., Nestle Nespresso S.A., Counter Claimant Nespresso USA, Inc. (Attorney Yu-Chieh Ernest Hsin added to party Nespresso USA, Inc.(pty:cc), Attorney Yu-Chieh Ernest Hsin added to party Nestle Nespresso S.A.(pty:dft))(Hsin, Yu-Chieh) (Entered: 08/23/2024)
7/1/2024 MINUTES OF STATUS CONFERENCE held before Judge George H Wu. The Court's Tentative Ruling on Defendant's Motion 293 in K-fee System GmbH v. Nespresso USA, Inc., et al., CV 21-3402-GW-AGRx was issued on July 1, 2024 307 . Court and counsel confer. The Tentative Ruling is adopted as the Court's Final Ruling. Defendant's Motion is GRANTED as follows. The Court consolidates this action with K-fee System GmbH v. Nespresso USA, Inc., et al., CV 21-3402- GW-AGRx and Nespresso USA, Inc. v. K-fee System GmbH, CV 22-9295-GW-AGRx, for trial purposes. Counsel are directed to make all future filings in the CV 21-3402-GW-AGRx, which will be the lead case. The Clerk's Office is directed to add the parties and counsel in CV 21-3402-GW-AGRx. The Court sets the following in those matters: Pretrial Conference August 7, 2025 at 8:30 a.m. Jury Trial August 19, 2025 at 9:00 a.m. The status conference set for September 5, 2024 is continued to October 10, 2024 at 8:30 a.m. The parties are to file a joint status report by noon on October 7, 2024. The Court sets a status conference re PTAB decision for July 7, 2025 at 8:30 a.m., with a joint status report to be filed by noon on July 2, 2025. The parties will meet and confer, and submit a stipulation as to remaining deadlines and hearing dates. Court Reporter: Terri A. Hourigan. (aco) (Entered: 07/01/2024)
4/23/2024
  • OrderGranted
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H Wu. APPLICATION of Attorney Kavya Rallabhandi to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH, designating Katherine Pappas as local counsel is GRANTED.; granting 109 Non-Resident Attorney Kavya Rallabhandi. (aco) (Entered: 04/24/2024)
4/23/2024
  • OrderGranted
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H Wu. APPLICATION of Attorney Joshua Revilla to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH, designating Katherine Pappas as local counsel is GRANTED.; granting 108 Non-Resident Attorney Joshua Revilla. (aco) (Entered: 04/24/2024)
4/23/2024
  • Motion to Appear Pro Hac Viceby Π
APPLICATION of Non-Resident Attorney Kavya Rallabhandi to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37337898) filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Pappas, Katherine) (Entered: 04/23/2024)
4/22/2024
  • Motion to Appear Pro Hac Viceby Π
APPLICATION of Non-Resident Attorney Joshua Revilla to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37332346) filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Pappas, Katherine) (Entered: 04/22/2024)
4/18/2024
  • OrderGranted
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H Wu. APPLICATION of Attorney Mark N Reiter to Appear Pro Hac Vice on behalf of Defendant Nespresso USA, Inc., Counter Claimant Nespresso USA, Inc., designating Andrew Philip Blythe as local counsel is GRANTED.; granting 104 Non-Resident Attorney Mark N Reiter. (aco) (Entered: 04/18/2024)
4/18/2024
  • Response
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: APPLICATION of Non-Resident Attorney Mark Reiter to Appear Pro Hac Vice on behalf of Counter Claimant Nespresso USA, Inc., Defendant Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37297210) 102 by Judge George H Wu. Docket No. 102 is stricken for the reason(s) stated in the Notice 105 filed on April 18, 2024. (See document for further details). (aco) (Entered: 04/18/2024)
4/18/2024NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Mark Reiter to Appear Pro Hac Vice on behalf of Counter Claimant Nespresso USA, Inc., Defendant Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37297210) 102 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District for the practice of law, in which the attorney is physically present on a regular basis to conduct business. (ak) (Entered: 04/18/2024)
4/18/2024
  • Motion to Appear Pro Hac Viceby Δ
APPLICATION of Non-Resident Attorney Mark Reiter to Appear Pro Hac Vice on behalf of Defendant Nespresso USA, Inc., Counter Claimant Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 4/16/2024, Receipt No. ACACDC-3729710) filed by Defendant and Counter Claimant Nespresso USA, Inc.. (Attachments: # 1 Proposed Order) (Blythe, Andrew) (Entered: 04/18/2024)
4/17/2024Notice of Appearance or Withdrawal of Counsel: for attorney Andrew Philip Blythe counsel for Defendant Nespresso USA, Inc., Counter Claimant Nespresso USA, Inc.. Adding Andrew Philip Blythe as counsel of record for Nespresso USA, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant & Counter Claimant Nespresso USA, Inc.. (Attorney Andrew Philip Blythe added to party Nespresso USA, Inc.(pty:dft), Attorney Andrew Philip Blythe added to party Nespresso USA, Inc.(pty:cc))(Blythe, Andrew) (Entered: 04/17/2024)
4/16/2024[DOCUMENT STRICKEN PER ORDER ON 04/18/2024, SEE DOC NO. 106] APPLICATION of Non-Resident Attorney Mark Reiter to Appear Pro Hac Vice on behalf of Counter Claimant Nespresso USA, Inc., Defendant Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37297210) filed by Defendant and Counter Claimant Nespresso USA, Inc.. (Attachments: # 1 Proposed Order) (Hsin, Yu-Chieh) Modified on 4/18/2024 (aco). (Entered: 04/16/2024)
4/10/2024Notice of Supplemental Authority filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit A - Final Written Decision)(Carsten, Douglas) (Entered: 04/10/2024)
3/25/2024 MINUTES OF Telephonic Conference held before Judge George H Wu. Court and counsel confer. For reasons stated on the record, the stay issued on January 17, 2024 remains. The Court continues the status conference to September 5, 2024 at 8:30 a.m. The parties are to file a joint status report by noon on September 3, 2024. Court Reporter: Terri A. Hourigan. (rolm) (Entered: 03/26/2024)
3/20/2024Joint Status Report filed by Plaintiff K-fee System GmbH (Carsten, Douglas) (Entered: 03/20/2024)
3/20/202498TEXT-ONLY ENTRY - IN CHAMBERS: by Senior District Judge George H. Wu: Counsel may appear telephonically for the STATUS CONFERENCE set on Monday, March 25, 2024 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 03/20/2024)
3/12/202497TEXT-ONLY ENTRY: IN CHAMBERS by Judge George H Wu: The STATUS CONFERENCE previously scheduled for 04/22/2024 is advanced to March 25, 2024 at 8:30 a.m. before Judge George H Wu. The parties are to file a joint report on further proceedings in this matter by March 20, 2024. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 03/12/2024)
2/29/2024Notice of Supplemental Authority filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit A)(Carsten, Douglas) (Entered: 02/29/2024)
1/17/2024
  • Order
MINUTES IN CHAMBERS - ORDER by Judge George H Wu. The Court GRANTS a temporary stay in all of the K-fee actions pending resolution of Plaintiff's anticipated petition for rehearing in the K-fee I matter. The Court sets a status conference for April 22, 2024 at 8:30 a.m. The parties are to file a joint status report by April 17, 2024. (aco) (Entered: 01/17/2024)
1/3/202494TEXT-ONLY ENTRY: IN CHAMBERS by Judge George H Wu: The Court sets a STATUS CONFERENCE for January 22, 2024 at 08:30 AM before Judge George H Wu. A joint status report is to be filed by noon on January 18, 2024. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 01/03/2024)
2/21/202393NOTICE OF FILING TRANSCRIPT filed for proceedings 7/14/2022 8:30 a.m. re Transcript 92 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY (Entered: 02/21/2023)
2/21/2023TRANSCRIPT for proceedings held on 7/14/2022 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/14/2023. Redacted Transcript Deadline set for 3/24/2023. Release of Transcript Restriction set for 5/22/2023. (Hourigan, Terri) (Entered: 02/21/2023)
1/9/2023NOTICE of Change of Attorney Business or Contact Information: for attorney Michael Jaeger counsel for Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. Changing address to 333 South Grand Avenue, 47th Floor, Los Angeles, CA 90071. Filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Jaeger, Michael) (Entered: 01/09/2023)
9/22/2022
  • Order
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY by Judge George H. Wu: granting 89 Request to Substitute Attorney. (rolm) (Entered: 09/22/2022)
9/19/2022
  • Motion to Withdraw as Counselby Π
REQUEST TO WITHDRAW ATTORNEY Yuri Mikulka, Theodore Stevenson, Caleb J. Bean as counsel of record filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order) (Mikulka, Yuri) (Entered: 09/19/2022)
9/1/2022
  • OrderGranted
ORDER GRANTING JOINT STIPULATION FOR ENTRY OF AN ORDER ENTERING STAY PENDING APPEAL OF RELATED PATENTS AT THE FEDERAL CIRCUIT by Judge George H. Wu. The Court hereby ORDERS as follows: 1. In view of the relatively early stage of this case, with discovery and claim construction still awaiting, and with the prospect that the ensuing Federal Circuit determination of the construction of "barcode" will simplify issues as to the 923 and 430 Patents, this case shall be STAYED until the Federal Circuit issues its mandate in Case No. 22-2042. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) (Entered: 09/02/2022)
8/31/2022
  • Motion to Stayby Π
STIPULATION to Stay Case pending Appeal of Related Patents at the Federal Circuit filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order)(Carsten, Douglas) (Entered: 08/31/2022)
8/30/2022
  • Motion for Claim ConstructionGranted
ORDER GRANTING JOINT STIPULATION REGARDING DEADLINES FOR CLAIM CONSTRUCTION by Judge George H. Wu. The Court hereby ORDERS as follows: 1. The deadlines for the close of claim construction discovery, the joint claim construction prehearing statement, and for the simultaneous opening and responsive briefs for U.S. Patent Nos. 10,994,923, 11,230,430, and 11,254,491 shall each be stayed 60 days; 2. The Markman Hearing and Further Scheduling Conference scheduled for October 17, 2022 at 10:00 a.m. shall be taken off calendar. RE: Stipulation to Continue 85 . (aco) (Entered: 08/30/2022)
8/29/2022
  • Motion to Continueby Π
STIPULATION to Continue Claim Construction deadlines and Markman Hearing filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration Declaration of Douglas Carsten, # 2 Proposed Order)(Carsten, Douglas) (Entered: 08/29/2022)
8/8/2022
  • OrderGranted
ORDER GRANTING JOINT STIPULATION REGARDING DEADLINE FOR PARTIES TO SERVE CLAIM CONSTRUCTION DISCLOSURES AND DEADLINE FOR DEFENDANT NESPRESSO USA, INC. TO SERVE INVALIDITY CONTENTIONS REGARDING ASSERTED PATENTS by Judge George H. Wu. The Court hereby ORDERS as follows: 1. The deadline for the parties to exchange proposed claim terms for construction, proposed constructions, and expert reports on claim construction for U.S. Patent Nos. 10,994,923, 11,230,430, and 11,254,491 shall each be stayed 60 days; 2. The deadline for Nespresso to serve its invalidity contentions for the asserted claims of U.S. Patent Nos. 10,994,923 and 11,230,430 shall be stayed for an additional 60 days from the date of this Order. RE Stipulation to Continue, 83 . (aco) (Entered: 08/09/2022)
8/5/2022
  • Motion to Continueby Δ
Joint STIPULATION to Continue Deadlines for Parties to Serve Claim Construction Disclosures and Deadline for Nespresso USA, Inc. to serve Invalidity Contentions regarding Asserted Patents filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 [Proposed] Order)(Barsky, Wayne) (Entered: 08/05/2022)
8/3/2022
  • Order
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH, designating Katherine Pappas as local counsel.; granting 81 Non-Resident Attorney Ian B. Brooks. (aco) (Entered: 08/03/2022)
8/3/2022
  • Motion to Appear Pro Hac Viceby Π
APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500.00 Previously Paid on 7/21/2021, Receipt No. 33665251) filed by Plaintiff, Counter-Defendant K-fee System GmbH. (Attachments: # 1 Proposed Order) (Pappas, Katherine) (Entered: 08/03/2022)
7/21/2022
  • Response
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Judge George H. Wu. Docket No. 78 is stricken for the reason(s) stated in the Notice 79 filed on July 21, 2022. Pursuant to L.R. 5-4.4.2, email the proposed order in either Word or WordPerfect to Judge Wu's email address at GW_chambers@cacd.uscourts.gov. RE: APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33665251) 78 . (aco) (Entered: 07/21/2022)
7/21/2022NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33665251) 78 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt) (Entered: 07/21/2022)
7/20/2022[DOCUMENT STRICKEN PER ORDER ON 07/21/2022, SEE DOCKET NO. 80] APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33665251) filed by Plaintiff, Counter-Defendant K-fee System GmbH. (Attachments: # 1 Proposed Order) (Pappas, Katherine) Modified on 7/21/2022 (aco). (Entered: 07/20/2022)
7/14/2022
  • Motion to Dismiss (Demurrer)
MINUTES OF TELEPHONIC HEARING ON SOCIETE DES PRODUITS NESTLE S.A.'S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 49 ; and NESTLE NESPRESSO S.A.'S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 52 held before Judge George H. Wu. The Court's Tentative Ruling was issued on July 13, 2022 75 . Oral argument is held. For reasons stated on the record, the above-entitled Motions are taken under submission.; taking under advisement 49 MOTION to Dismiss ; taking under advisement 52 MOTION to Dismiss. Court Reporter: Terri A. Hourigan. (aco) (Entered: 07/14/2022)
7/14/2022
  • Order
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Barry Clayton McCraw to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A., designating Michael Jaeger as local counsel.; granting 74 Non-Resident Attorney Barry Clayton McCraw. (aco) (Entered: 07/14/2022)
7/13/2022
  • Motion to Dismiss (Demurrer)
MINUTES IN CHAMBERS - TENTATIVE RULING ON SOCIT DES PRODUITS NESTL S.A.'S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 49 ; and NESTL NESPRESSO S.A.'S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 52 by Judge George H. Wu. Attached hereto is the Courts Tentative Ruling on the above-entitled Motions set for hearing on July 14, 2022 at 8:30 a.m. (aco) (Entered: 07/13/2022)
7/12/2022
  • Motion to Appear Pro Hac Viceby Δ
APPLICATION of Non-Resident Attorney Barry Clayton McCraw to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500.00 Previously Paid on 7/12/2022, Receipt No. ACACDC-33615770) filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Attachments: # 1 Proposed Order, # 2 Certificate of Good Standing) (Jaeger, Michael) (Entered: 07/12/2022)
7/12/2022NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Barry Clayton McCraw to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33615770) 72 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. Other error(s) with document(s): Applicant failed to list state bar where licensed. See Instructions for Applicants (1)(G-64). (lt) (Entered: 07/12/2022)
7/12/2022
  • Motion to Appear Pro Hac Viceby Δ
APPLICATION of Non-Resident Attorney Barry Clayton McCraw to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33615770) filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Attachments: # 1 Proposed Order, # 2 Certificate of Good Standing) (Jaeger, Michael) (Entered: 07/12/2022)
7/11/202271TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Thursday's 07/14/2022 Motions Hearing 49 52 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 07/11/2022)
7/11/2022Notice of Appearance or Withdrawal of Counsel: for attorney Yu-Chieh Ernest Hsin counsel for Counter Claimant Nespresso USA, Inc., Defendant Nespresso USA, Inc.. Adding Yu-Chieh Ernest Hsin as counsel of record for Nespresso USA, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant and Counterclaimant Nespresso USA, Inc.. (Attorney Yu-Chieh Ernest Hsin added to party Nespresso USA, Inc.(pty:cc), Attorney Yu-Chieh Ernest Hsin added to party Nespresso USA, Inc.(pty:dft))(Hsin, Yu-Chieh) (Entered: 07/11/2022)
7/8/2022Notice of Appearance or Withdrawal of Counsel: for attorney Katherine Pappas counsel for Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. Adding Katherine Pappas as counsel of record for K-fee System GmbH for the reason indicated in the G-123 Notice. Filed by plaintiff, counter-defendant K-fee System GmbH. (Attorney Katherine Pappas added to party K-fee System GmbH(pty:cd), Attorney Katherine Pappas added to party K-fee System GmbH(pty:cd), Attorney Katherine Pappas added to party K-fee System GmbH(pty:pla))(Pappas, Katherine) (Entered: 07/08/2022)
7/8/2022Notice of Appearance or Withdrawal of Counsel: for attorney Douglas H Carsten counsel for Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. Adding Douglas H. Carsten as counsel of record for K-fee System GmbH for the reason indicated in the G-123 Notice. Filed by plaintiff, counter-defendant K-fee System GmbH. (Attorney Douglas H Carsten added to party K-fee System GmbH(pty:cd), Attorney Douglas H Carsten added to party K-fee System GmbH(pty:cd), Attorney Douglas H Carsten added to party K-fee System GmbH(pty:pla))(Carsten, Douglas) (Entered: 07/08/2022)
7/1/2022
  • OrderGranted
ORDER GRANTING JOINT STIPULATION REGARDING DEADLINE FOR DEFENDANT NESPRESSO USA, INC. TO SERVE INVALIDITY CONTENTIONS REGARDING BARCODE PATENTS by Judge George H. Wu. The Court hereby ORDERS as follows: 1. Defendant Nespresso's deadline to serve its invalidity contentions regarding U.S. Patent Nos. 10,994,923 and 11,230,430 shall be stayed 14 days. 2. Nespresso shall serve its invalidity contentions regarding U.S. Patent No. 11,254,491 no later than July 6, 2022, as set forth in the Court's May 11, 2022 Scheduling Order. RE Stipulation to Continue 63 . (aco) (Entered: 07/01/2022)
6/30/2022NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Continue 63 . The following error(s) was/were found: Filer information is missing on the document. See L.R. 11-3.8 In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) (Entered: 07/01/2022)
6/30/2022
  • Motion to Dismiss (Demurrer)by Δ
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 52 filed by Defendant Nestle Nespresso S.A.. (Attachments: # 1 Proof of Service)(Jaeger, Michael) (Entered: 06/30/2022)
6/30/2022
  • Motion to Dismiss (Demurrer)by Δ
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 49 filed by Defendant Societe Des Produits Nestle S.A.. (Attachments: # 1 Declaration of D. Mazur, # 2 Proof of Service)(Jaeger, Michael) (Entered: 06/30/2022)
6/30/2022
  • Motion to Continueby Δ
Joint STIPULATION to Continue deadline for Nespresso to serve invalidity contentions regarding barcode patents filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Proposed Order)(Barsky, Wayne) (Entered: 06/30/2022)
6/8/202262TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu : The Court, on its own motion, CONTINUES SOCIT DES PRODUITS NESTL S.A.S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 49 , and NESTL NESPRESSO S.A.S MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 52 , previously scheduled for 06/23/2022 to 7/14/2022 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 06/08/2022)
6/6/2022
  • Motion to Dismiss (Demurrer)by Π
SEALED DOCUMENT Opposition to Nestle Nespresso S.A.'s Motion to Dismiss the Complaint, or in the Alternative, Quash Service of Summons re Objection/Opposition (Motion related), 56 , Order on Motion for Leave to File Document Under Seal, 60 filed by Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit 1)(Mikulka, Yuri) (Entered: 06/06/2022)
6/3/2022
  • Motion to FileGranted
ORDER GRANTING PLAINTIFF K-FEE'S APPLICATION FOR LEAVE TO FILE CONFIDENTIAL INFORMATION UNDER SEAL by Judge George H. Wu. Accordingly, it is hereby ORDERED that K-fee's Application for Leave to File Under Seal is GRANTED in its entirety.; granting 57 APPLICATION to file document under seal. (See document for further details). (aco) (Entered: 06/03/2022)
6/2/2022
  • Motion to Dismiss (Demurrer)by Π
OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 49 filed by Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of Yuri Mikulka ISO Opposition, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(Mikulka, Yuri) (Entered: 06/02/2022)
6/2/2022SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal 57 filed by Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Unredacted Document Opposition to Nestle Nespresso S.A.'s Motion to Dismiss the Complaint, # 2 Exhibit 1 (proposed to be filed under seal))(Mikulka, Yuri) (Entered: 06/02/2022)
6/2/2022
  • Motion to File Documentby Π
APPLICATION to file document under seal filed by Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Redacted Document Opposition to Nestle Nespresso S.A.'s Motion to Dismiss the Complaint, # 2 Exhibit 1 (Proposed to be filed under seal), # 3 Proposed Order)(Mikulka, Yuri) (Entered: 06/02/2022)
6/2/2022
  • Motion to Dismiss (Demurrer)by Π
Opposition re: NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 52 [REDACTED] filed by Counter Defendants K-fee System GmbH, K-fee System GmbH, Plaintiff K-fee System GmbH. (Attachments: # 1 Declaration of Yuri Mikulka ISO Opposition, # 2 Exhibit 1 (Proposed to be filed under seal), # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Mikulka, Yuri) (Entered: 06/02/2022)
5/19/2022
  • Answerby Π
ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 42 with JURY DEMAND filed by Plaintiff K-fee System GmbH.(Mikulka, Yuri) (Entered: 05/19/2022)
5/13/2022PROOF OF SERVICE filed by Defendant Nestle Nespresso S.A., re Certificate/Notice of Interested Parties 53 , NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 52 served on May 13, 2022. (Jaeger, Michael) (Entered: 05/13/2022)
5/13/2022 NOTICE of Interested Parties filed by Defendant Nestle Nespresso S.A., (Jaeger, Michael) (Entered: 05/13/2022)
5/13/2022
  • Motion to Dismiss (Demurrer)by Δ
NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons filed by Defendant Nestle Nespresso S.A.. Motion set for hearing on 6/23/2022 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration of Manuela Krampulz, # 2 Proposed Order) (Jaeger, Michael) (Entered: 05/13/2022)
5/13/2022PROOF OF SERVICE filed by Defendant Societe Des Produits Nestle S.A., re NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons 49 , Certificate/Notice of Interested Parties 50 served on May 13, 2022. (Jaeger, Michael) (Entered: 05/13/2022)
5/13/2022 NOTICE of Interested Parties filed by Defendant Societe Des Produits Nestle S.A., (Jaeger, Michael) (Entered: 05/13/2022)
5/13/2022
  • Motion to Dismiss (Demurrer)by Δ
NOTICE OF MOTION AND MOTION to Dismiss the Complaint, or in the Alternative, Quash Service of Summons filed by Defendant Societe Des Produits Nestle S.A.. Motion set for hearing on 6/23/2022 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration of David Mazur in Support, # 2 Declaration of Michael Jaeger in Support, # 3 Proposed Order) (Jaeger, Michael) (Entered: 05/13/2022)
5/11/2022
  • Scheduling Order
MINUTES IN CHAMBERS - SCHEDULING ORDER by Judge George H. Wu. In response to the parties' proposed schedule as set forth in their Joint Report (ECF No. 30), the Court sets the following dates which are consistent with those suggested by the parties. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) (Entered: 05/11/2022)
4/26/2022TRANSCRIPT ORDER as to Defendant Nespresso USA, Inc. for Court Reporter. Court will contact Kristina Eckert at keckert@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Barsky, Wayne) (Entered: 04/26/2022)
4/18/2022
  • Order
ORDER by Judge George H. Wu granting 44 Non-Resident Attorney Carmine R Zarlenga APPLICATION to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe des Produits Nestle S.A., designating Michael Jaeger as local counsel. (bm) (Entered: 04/18/2022)
4/18/2022NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer, Counterclaim 42 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): Caption of attached Answer and Counterclaim should include both plaintiff/defendant and counterclaimant/counterdefendant parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) (Entered: 04/18/2022)
4/15/2022
  • Motion to Appear Pro Hac Viceby Δ
APPLICATION of Non-Resident Attorney Carmine R. Zarlenga to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Previously Paid on 4/15/2022, Receipt No. 33136367) filed by defendant Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Attachments: # 1 Certificate of Good Standing, # 2 Certificate of Good Standing, # 3 Proposed Order) (Jaeger, Michael) (Entered: 04/15/2022)
4/15/2022NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Carmine Zarlenga to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33136367) 41 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. The applicant must also attach a Certificate of Good Standing (issued within the last 30 days) from every state bar to which he or she is admitted; failure to do so will be grounds for denying the application. See Instructions for Applicants (1) (G-64). (lt) (Entered: 04/15/2022)
4/15/2022
  • Answerby Δ
ANSWER to Amended Complaint/Petition, 24 with JURY DEMAND , COUNTERCLAIM against K-fee System GmbH filed by Defendant Nespresso USA, Inc..(Barsky, Wayne) (Entered: 04/15/2022)
4/15/2022
  • Motion to Appear Pro Hac Viceby Δ
APPLICATION of Non-Resident Attorney Carmine Zarlenga to Appear Pro Hac Vice on behalf of Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33136367) filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Attachments: # 1 Proposed Order) (Jaeger, Michael) (Entered: 04/15/2022)
4/13/2022NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, 32 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 04/13/2022)
4/11/2022NOTICE OF ERRATA filed by Defendant Nespresso USA, Inc.. correcting Notice of Appearance, 32 Notice of Errata Re Docket Entry for Notice of Appearance of Christine Ranney (Attachments: # 1 Corrected Notice of Appearance of Christine Ranney)(Ranney, Christine) (Entered: 04/11/2022)
4/11/2022
  • OrderGranted
ORDER GRANTING EX PARTE APPLICATION OF DEFENDANTS NESTL NESPRESSO S.A. AND SOCITE DES PRODUITS NESTLE S.A TO EXTEND TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT by Judge George H. Wu granting 36 EX PARTE APPLICATION: Good cause appearing, the Ex Parte Application of Defendants Nestl Nespresso S.A. ("NNSA") and Socit des Produits Nestl S.A. ("SPN") to Extend Time to Respond to the First Amended Complaint IS HEREBY GRANTED. NNSA and SPN must respond to the First Amended Complaint on or before May 13, 2022. (bm) (Entered: 04/11/2022)
4/11/2022PROOF OF SERVICE filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A., re EX PARTE APPLICATION to Extend Time to File Answer to 5/13/2022 re Amended Complaint/Petition, 24 36 served on 4/11/2022. (Jaeger, Michael) (Entered: 04/11/2022)
4/11/2022
  • Motion to Extend Time to Answerby Δ
EX PARTE APPLICATION to Extend Time to File Answer to 5/13/2022 re Amended Complaint/Petition, 24 filed by Defendants Nestle Nespresso S.A., Societe Des Produits Nestle S.A.. (Attachments: # 1 Declaration of Michael Jaeger in Support of Ex Parte Application to Extend Time to Respond to the First Amended Complaint, # 2 Proposed Order) (Attorney Michael Jaeger added to party Nestle Nespresso S.A.(pty:dft), Attorney Michael Jaeger added to party Societe Des Produits Nestle S.A.(pty:dft)) (Jaeger, Michael) (Entered: 04/11/2022)
4/1/2022 MINUTES OF TELEPHONIC SCHEDULING CONFERENCE before Judge George H. Wu: Court and counsel discuss scheduling. Separate scheduling order to issue. Court Reporter: (jp) (Entered: 04/04/2022)
4/1/2022PROOF OF SERVICE Executed by Plaintiff K-fee System GmbH, upon Defendant Societe Des Produits Nestle S.A. served on 3/25/2022, answer due 4/15/2022. Service of the Summons and Complaint were executed upon c/o Nespresso USA, Inc. c/o CT Corporation System, Agent for Service, Inc. by serving Diana Ruiz, Intake Specialist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Mikulka, Yuri) (Entered: 04/01/2022)
4/1/2022PROOF OF SERVICE Executed by Plaintiff K-fee System GmbH, upon Defendant Nestle Nespresso S.A. served on 3/25/2022, answer due 4/15/2022. Service of the Summons and Complaint were executed upon c/o Nespresso USA, Inc. c/o CT Corporation System, Agent for Service, Inc. by serving Diana Ruiz, Intake Specialist in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Mikulka, Yuri) (Entered: 04/01/2022)
3/30/2022 NOTICE of Appearance filed by attorney Christine Ranney on behalf of Defendants Nespresso USA, Inc., Nestle Nespresso S.A., Societe Des Produits Nestle S.A. (Attorney Christine Ranney added to party Nespresso USA, Inc.(pty:dft), Attorney Christine Ranney added to party Nestle Nespresso S.A.(pty:dft), Attorney Christine Ranney added to party Societe Des Produits Nestle S.A.(pty:dft))(Ranney, Christine) (Entered: 03/30/2022)
3/29/202231TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court, on its own motion, CONTINUES the SCHEDULING CONFERENCE previously scheduled from March 31, 2022 to April 1, 2022 at 8:30 a.m. Counsel are to appear telephonically by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 03/29/2022)
3/24/2022JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Counter Defendant K-fee System GmbH, Plaintiff K-fee System GmbH.. (Attachments: # 1 Exhibit A)(Mikulka, Yuri) (Entered: 03/24/2022)
3/24/2022 21 DAY Summons Issued re First Amended Complaint 24 as to Defendant Societe Des Produits Nestle S.A. (lom) (Entered: 03/24/2022)
3/24/2022 21 DAY Summons Issued re First Amended Complaint 24 as to Defendant Nestle Nespresso S.A. (lom) (Entered: 03/24/2022)
3/23/2022Request for Clerk to Issue Summons on Amended Complaint/Petition, 24 filed by Plaintiff and Counter-Defendant K-fee System GmbH. (Mikulka, Yuri) (Entered: 03/23/2022)
3/23/2022Request for Clerk to Issue Summons on Amended Complaint/Petition, 24 filed by Plaintiff and Counter-Defendant K-fee System GmbH. (Mikulka, Yuri) (Entered: 03/23/2022)
3/10/2022
  • Answerby Π
ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 20 with JURY DEMAND filed by Plaintiff and Counter-Defendant K-fee System GmbH.(Mikulka, Yuri) (Entered: 03/10/2022)
3/10/2022
  • Complaintby Π
First AMENDED COMPLAINT against Defendants and Counter-Claimant Nespresso USA, Inc., Nestl Nespresso S.A., Socit des Produits Nestl S.A. amending Complaint (Attorney Civil Case Opening), 1 , filed by Plaintiff and Counter-Defendant K-fee System GmbH (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Mikulka, Yuri) (Entered: 03/10/2022)
2/22/2022
  • Order
MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu: The Court sets a Scheduling Conference for March 31, 2022 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than March 24, 2022. See Local Rule 26-1. (bm) (Entered: 02/22/2022)
2/22/2022NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer, Counterclaim, 20 , Corporate Disclosure Statement 21 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Other error(s) with document(s): caption of both Answer and Corporate Disclosure statement should also include the additional counterclaim caption. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) (Entered: 02/22/2022)
2/18/2022CORPORATE DISCLOSURE STATEMENT and Certification of Interested Parties filed by Defendant Nespresso USA, Inc. identifying Nestle S.A. as Corporate Parent. (Barsky, Wayne) (Entered: 02/18/2022)
2/18/2022
  • Answerby Δ
ANSWER to Complaint (Attorney Civil Case Opening), 1 with JURY DEMAND Nespresso's Answer and Counterclaims, COUNTERCLAIM against K-fee System GmbH filed by Defendant Nespresso USA, Inc..(Attorney Wayne Mitchell Barsky added to party Nespresso USA, Inc.(pty:dft))(Barsky, Wayne) (Entered: 02/18/2022)
2/8/2022PROOF OF SERVICE Executed by Plaintiff K-fee System GmbH, upon Defendant Nespresso USA, Inc. served on 1/28/2022, answer due 2/18/2022. Service of the Summons and Complaint were executed upon Paula Castro, Registered Agent through CT Corporation System of Defendant in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Mikulka, Yuri) (Entered: 02/08/2022)
2/1/2022
  • Standing Order
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU: 1. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. (see document for further details) (bm) (Entered: 02/01/2022)
2/1/2022
  • Order
ORDER by Judge George H. Wu: granting 16 Non-Resident Attorney Theodore Stevenson, III APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff K-Fee System GmbH, designating Yuri Mikulka as local counsel. (bm) (Entered: 02/01/2022)
1/31/2022
  • Motion to Appear Pro Hac Viceby Π
APPLICATION of Non-Resident Attorney Theodore Stevenson, III to Appear Pro Hac Vice on behalf of Plaintiff K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32714099) filed by Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order) (Mikulka, Yuri) (Entered: 01/31/2022)
1/31/2022
  • Order
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:21-cv-03402 GW(AGRx). Case transferred from Judge Mark C. Scarsi and Magistrate Judge Karen L. Stevenson to Judge George H. Wu and Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-00525 GW(AGRx). Signed by Judge George H. Wu (rn) (Entered: 01/31/2022)
1/26/2022
  • Standing Order
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) (Entered: 01/26/2022)
1/26/2022NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Wade G. Perrin. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 01/26/2022)
1/26/2022NOTICE OF CLERICAL ERROR: The Notice of Pro Hac Vice Application was issued to attorney Caleb J Bean in error. Pro Hac Vice Application Due (G-109) Docket item 10 should be disregarded. (car) (Entered: 01/26/2022)
1/26/2022NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Theodore Stevenson, III. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 01/26/2022)
1/26/2022[NOTICE OF CLERICAL ERROR ISSUED ON 1/26/2022, SEE ITEM 12] NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Caleb J Bean. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) Modified on 1/26/2022 (car). (Entered: 01/26/2022)
1/26/2022 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Nespresso USA, Inc. (car) (Entered: 01/26/2022)
1/26/2022Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) (Entered: 01/26/2022)
1/26/2022NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 01/26/2022)
1/26/2022NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Karen L. Stevenson. (car) (Entered: 01/26/2022)
1/25/2022CORPORATE DISCLOSURE STATEMENT for K-fee System GmbH filed by Plaintiff k-fee System GmbH identifying Kruger GmbH & Co. KG as Corporate Parent. (Mikulka, Yuri) (Entered: 01/25/2022)
1/25/2022Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff k-fee System GmbH. (Mikulka, Yuri) (Entered: 01/25/2022)
1/25/2022REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by k-fee System GmbH. (Mikulka, Yuri) (Entered: 01/25/2022)
1/25/2022 CIVIL COVER SHEET filed by Plaintiff k-fee System GmbH. (Mikulka, Yuri) (Entered: 01/25/2022)
1/25/2022
  • Complaintby Π
COMPLAINT with filing fee previously paid ($402.00 paid on 01/25/2022, receipt number ACACDC-32675208), filed by Plaintiff k-fee System GmbH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Attorney Yuri Mikulka added to party k-fee System GmbH(pty:pla))(Mikulka, Yuri) (Entered: 01/25/2022)