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

2:22-cv-09295 | California Central District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Los Angeles (Western Division)
Judge Judge George H Wu
Filed Dec. 22, 2022
Case Flags ACCO, (AGRx), AO120, CONSOLTR, DISCOVERY, MANADR, PROTORD, RELATED-G, and STAYED
Magistrate Magistrate Judge Alicia G. Rosenberg
Nature of Suit 830 Patent
Cause 15:1126 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
5 Weeks
  • 4/28/2025
Release of Transcript Restriction set for 4/28/2025.
Source
Add
3 Months
  • 7/2/2025
with a joint status report to be filed by noon on July 2, 2025.
Source
Add
3 Months
  • 7/7/2025
The Court sets a status conference re PTAB decision for July 7, 2025 at 8:30 a.m.
Source
Add
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.
Source
Add
Filing Date # Docket Text
3/3/2025Substitute Attorney
2/26/2025
  • Motion to Withdraw as Counselby Π
REQUEST TO WITHDRAW ATTORNEY Y. Ernest Hsin and Wayne Barsky as counsel of record filed by Defendant Nespresso USA, Inc.. (Attachments: # 1 Proposed Order) (Hsin, Yu-Chieh) (Entered: 02/26/2025)
1/27/2025140NOTICE OF FILING TRANSCRIPT filed for proceedings 1/22/25 3:03 p.m. to 3:36 p.m. re Transcript 139 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (apr) TEXT ONLY ENTRY (Entered: 01/27/2025)
1/27/2025TRANSCRIPT for proceedings held on 1/22/25 3:03 p.m. to 3:36 p.m.. Court Reporter/Electronic Court Recorder: ECHO REPORTING, INC., phone number (858) 453-7590. 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 2/18/2025. Redacted Transcript Deadline set for 2/27/2025. Release of Transcript Restriction set for 4/28/2025. (apr) (Entered: 01/27/2025)
1/22/2025 MINUTES OF VIDEO DISCOVERY CONFERENCE settling 137 Motion Re: Informal Discovery Dispute; Video Conference held before Magistrate Judge Alicia G. Rosenberg. IT IS ORDERED that: 1. Defendants will file a motion to compel by February 7, 2025. 2. Plaintiff will file an opposition by February 28, 2025. 3. Defendants will file an optional reply by March 12, 2025. 4. The hearing is set on March 18, 2025 at 10:00 a.m. via Zoom webinar. (see document for further details) Court Recorder: CS 01/22/2025. (hr) (Entered: 01/23/2025)
1/22/2025
  • Motion
MOTION RE: INFORMAL DISCOVERY DISPUTE. Video Conference set for 1/22/2025 at 3:00 PM before Magistrate Judge Alicia G. Rosenberg. (hr) (Entered: 01/22/2025)
1/6/2025
  • Response
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: DOCUMENT 134 by Judge George H Wu. Docket No. 134 is stricken for the reason(s) stated in the Notice 135 filed on January 3, 2025. (aco) (Entered: 01/06/2025)
1/3/2025NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: DOCUMENT 134 . The following error(s) was/were found: Document is in German and does not comply with Local Rules. It is unclear who has filed it. 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: 01/03/2025)
12/30/2024[DOCUMENT STRICKEN PER ORDER ON 01/06/2025, SEE DOC NO. 136] DOCUMENT filed. (aco) Modified on 1/6/2025 (aco). (Entered: 01/03/2025)
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 Π
SEALED DOCUMENT Nespresso USA, Inc.'s and Nestle Nespresso S.A.'s Amended Answer to K-fee's First Amended Counterclaim and Nespresso USA's Counterclaims re APPLICATION to file document with Confidential Information under seal 129 , Order on Motion for Leave to File Document Under Seal, 131 filed by Plaintiff 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
  • OrderGranted
ORDER GRANTING NESPRESSO USA, INC.'S AND 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 Nespresso'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 129 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 129 filed by Plaintiff 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 Π
APPLICATION to file document with Confidential Information under seal filed by Plaintiff 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 Π
AMENDED ANSWER to K-fee First Amended Counterclaims ad Nespresso USA Counterclaims to Answer to Counterclaim,,, 64 filed by Plaintiff Nespresso USA, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 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)(Hsin, Yu-Chieh) (Entered: 09/25/2024)
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 Courts 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)
6/28/2024STATUS REPORT Joint Status Report filed by Plaintiff Nespresso USA, Inc.. (Ranney, Christine) (Entered: 06/28/2024)
6/27/2024125TEXT-ONLY ENTRY - IN CHAMBERS: by Senior District Judge George H. Wu: Counsel may appear telephonically for the STATUS CONFERENCE set on Monday, July 1, 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: 06/27/2024)
6/5/2024124NOTICE OF FILING TRANSCRIPT filed for proceedings 3/25/2024 re Transcript 123 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY (Entered: 06/05/2024)
6/5/2024TRANSCRIPT for proceedings held on 3/25/2024 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 6/26/2024. Redacted Transcript Deadline set for 7/8/2024. Release of Transcript Restriction set for 9/3/2024. (Hourigan, Terri) (Entered: 06/05/2024)
6/5/2024TRANSCRIPT ORDER as to Plaintiff 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. (Ranney, Christine) (Entered: 06/05/2024)
6/5/2024TRANSCRIPT ORDER as to Defendant K-fee System GmbH for Court Reporter. Court will contact Allison Shook at ashook@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Pappas, Katherine) (Entered: 06/05/2024)
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 Defendant K-fee System GmbH, designating Katherine Pappas as local counsel is GRANTED.; granting 119 Non-Resident Attorney Joshua Revilla. (aco) (Entered: 04/24/2024)
4/22/2024
  • Motion to Appear Pro Hac Viceby Δ
APPLICATION of Non-Resident Attorney Joshua Revilla to Appear Pro Hac Vice on behalf of Defendant K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37332395) filed by Defendant 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 Plaintiff and Counterclaim Defendants Nespresso USA, Inc., Nestle Nespresso S.A., designating Andrew Philip Blythe as local counsel is GRANTED.; granting 115 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 Defendants Nespresso USA, Inc., Nestle Nespresso S.A., Plaintiff Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37297613) 113 by Judge George H Wu. Docket No. 113 is stricken for the reason(s) stated in the Notice 116 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 Defendants Nespresso USA, Inc., Nestle Nespresso S.A., Plaintiff Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37297613) 113 . 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 Π
APPLICATION of Non-Resident Attorney to Appear Pro Hac Vice on behalf of Counter Defendants Nespresso USA, Inc., Nestle Nespresso S.A., Plaintiff Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 4/16/2024, Receipt No. ACACDC-37297613) filed by Plaintiff and Counterclaim Defendants Nespresso USA, Inc., Nestle Nespresso S.A.. (Attachments: # 1 Proposed Order) (Attorney Andrew Philip Blythe added to party Nestle Nespresso S.A.(pty:cd)) (Blythe, Andrew) (Entered: 04/18/2024)
4/17/2024CORPORATE DISCLOSURE STATEMENT and Certification of Interested Parties filed by Counter Defendant Nestle Nespresso S.A. identifying Societe des Produits Nestle S.A. and Nestle S.A. as Corporate Parent. (Ranney, Christine) (Entered: 04/17/2024)
4/16/2024[DOCUMENT STRICKEN PER ORDER ON 04/18/2024, SEE DOC NO. 117] APPLICATION of Non-Resident Attorney Mark Reiter to Appear Pro Hac Vice on behalf of Counter Defendants Nespresso USA, Inc., Nestle Nespresso S.A., Plaintiff Nespresso USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37297613) filed by Plaintiff and Counterclaim Defendant Nespresso USA, Inc., Nestle Nespresso S.A.. (Attachments: # 1 Proposed Order) (Attorney Yu-Chieh Ernest Hsin added to party Nestle Nespresso S.A.(pty:cd)) (Hsin, Yu-Chieh) Modified on 4/18/2024 (aco). (Entered: 04/16/2024)
3/25/2024 MINUTES OF Status Conference held before Judge George H Wu. Court and counsel confer. For reasons stated on the record, the status conference is continued to July 1, 2024 at 8:30 a.m. The parties are to file a joint status report by noon on June 28, 2024. Court Reporter: Terri A. Hourigan. (rolm) (Entered: 03/26/2024)
3/20/2024Joint Status Report filed by Defendant K-fee System GmbH (Carsten, Douglas) (Entered: 03/20/2024)
3/20/2024110SCHEDULING NOTICE by Judge George H WuTEXT-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)
3/12/2024109TEXT-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)
3/6/2024TRANSCRIPT ORDER as to Plaintiff 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. (Ranney, Christine) (Entered: 03/06/2024)
2/29/2024Notice of Supplemental Authority filed by Defendant and Counterclaim-Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit A)(Carsten, Douglas) (Entered: 02/29/2024)
1/16/2024
  • Order
MINUTES IN CHAMBERS - FINAL RULING ON NESPRESSO'S MOTION TOSTAY PENDING UPCOMING EVENTS 87 by Judge George H Wu. Attached hereto is the Court's Final Ruling on Plaintiff's Motion 87 . 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. This stay includes the Markman hearing and scheduling conference, set for January 18, 2024, which are taken off-calendar. 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. (lom) (Entered: 01/16/2024)
1/12/2024105NOTICE OF FILING TRANSCRIPT filed for proceedings 1/11/2024 8:30 a.m. re Transcript 104 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY (Entered: 01/12/2024)
1/12/2024TRANSCRIPT for proceedings held on 1/11/2024 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 2/2/2024. Redacted Transcript Deadline set for 2/12/2024. Release of Transcript Restriction set for 4/11/2024. (Hourigan, Terri) (Entered: 01/12/2024)
1/11/2024
  • Motion to Stay
MINUTES OF NESPRESSO'S MOTION TO STAY PENDING UPCOMING EVENTS 87 ; and STATUS CONFERENCE held before Judge George H Wu. The Court's Tentative Ruling on Plaintiff's Motion 87 was issued on January 9, 2024 99 . Oral argument is held. For reasons stated on the record, Plaintiff's Motion is TAKEN UNDER SUBMISSION. Status Conference is held. Court and counsel confer. Discovery issues are referred to the magistrate judge assigned to this case.; taking under advisement 87 MOTION to Stay Case pending Upcoming Events. Court Reporter: Terri Hourigan. (aco) (Entered: 01/11/2024)
1/11/2024TRANSCRIPT ORDER as to Defendant K-fee System GmbH for Court Reporter. Court will contact Allison Rolenaitis at arolenaitis@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Carsten, Douglas) (Entered: 01/11/2024)
1/10/2024NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice (Other) 100 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Supplement. 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: 01/10/2024)
1/9/2024Notice Supplemental Evidence in Support of Nespresso's Responsive Claim Construction Brief filed by Plaintiff and CounterClaim-Defendants Nespresso USA, Inc., Nestle Nespresso S.A.. (Attachments: # 1 Exhibit 8)(Ranney, Christine) (Entered: 01/09/2024)
1/9/2024MINUTES IN CHAMBERS - TENTATIVE RULING ON NESPRESSO'S MOTION TO STAY PENDING UPCOMING EVENTS 87 by Judge George H Wu. Attached hereto is the Court's Tentative Ruling on Plaintiff's Motion 87 set for hearing on January 11, 2024 at 8:30 a.m. (aco) (Entered: 01/09/2024)
1/9/202498TEXT-ONLY ENTRY - IN CHAMBERS: by Senior District Judge George H. Wu: The parties are advised that the MOTION HEARING 87 , set for Thursday, January 11, 2024 at 8:30 a.m. will be held in-person and not by telephone. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 01/09/2024)
1/4/2024
  • Order
ORDER VACATING MARKMAN TUTORIAL by Judge George H Wu. Upon due consideration of the Parties' joint stipulation to vacate the Markman tutorial in the above-referenced case, the Court hereby VACATES the January 11, 2024 Markman tutorial. (rolm) (Entered: 01/05/2024)
1/3/2024Joint STIPULATION to Vacate Markman Tutorial filed by Plaintiff and CounterClaim Defendant Nespresso USA, Inc.. (Attachments: # 1 Proposed Order)(Ranney, Christine) (Entered: 01/03/2024)
12/28/2023
  • Motion to Stay
REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Upcoming Events 87 filed by Counter Defendants Nespresso USA, Inc., Nestle Nespresso S.A., Plaintiff Nespresso USA, Inc.. (Attachments: # 1 Reply Declaration of Darish Huynh, # 2 Exhibit 10)(Attorney Christine Ranney added to party Nestle Nespresso S.A.(pty:cd))(Ranney, Christine) (Entered: 12/28/2023)
12/26/2023Notice of Supplemental Authority re Nespresso's Motion to Stay (Dkt. 87) and the parties' Claim Construction briefing (Dkts. 84, 85, 92, 93) filed by Defendant and Counterclaim-Plaintiff K-fee System GmbH. (Attachments: # 1 Exhibit A)(Carsten, Douglas) (Entered: 12/26/2023)
12/22/2023 BRIEF filed by Defendant and Counter-Claimant K-fee System GmbH. K-fees Responsive Claim Construction Brief (Attachments: # 1 Declaration of Douglas H. Carsten, # 2 Exhibit 15)(Carsten, Douglas) (Entered: 12/22/2023)
12/22/2023
  • Response
RESPONSE filed by Plaintiff Nespresso USA, Inc.to Brief (non-motion non-appeal), 85 Nespresso's Responsive Claim Construction Brief (Attachments: # 1 Decl. of A. Blythe, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 10, # 5 Exhibit 11, # 6 Exhibit 12, # 7 Exhibit 13, # 8 Exhibit 14, # 9 Exhibit 15, # 10 Exhibit 16, # 11 Exhibit 17, # 12 Exhibit 18, # 13 Exhibit 19)(Ranney, Christine) (Entered: 12/22/2023)
12/21/2023
  • Motion to Stayby Δ
Opposition re: NOTICE OF MOTION AND MOTION to Stay Case pending Upcoming Events 87 filed by Counter Claimant K-fee System GmbH, Defendant K-fee System GmbH. (Attachments: # 1 Declaration Declaration of Douglas Carsten, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Carsten, Douglas) (Entered: 12/21/2023)
12/19/202390**AMENDED** TEXT-ONLY ENTRY: IN CHAMBERS by Judge George H Wu: This matter is currently set for a status conference on December 21, 2023 and the parties have filed a Joint Status Report (ECF No. 88 ). Plaintiff has filed a motion to stay which is currently set for January 11, 2024. Based thereon, the December 21 status conference is continued to January 11. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 12/19/2023)
12/19/202389TEXT-ONLY ENTRY: IN CHAMBERS by Judge George H Wu: This matter is currently set for a status conference on December 18, 2023 and the parties have filed a Joint Status Report (ECF No. 88 ). Plaintiff has filed a motion to stay which is currently set for January 11, 2024. Based thereon, the December 18 status conference is continued to January 11. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 12/19/2023)
12/15/2023STATUS REPORT filed by Counter Claimant K-fee System GmbH, Defendant K-fee System GmbH. (Carsten, Douglas) (Entered: 12/15/2023)
12/14/2023
  • Motion to Stay
NOTICE OF MOTION AND MOTION to Stay Case pending Upcoming Events filed by Plaintiff Nespresso USA, Inc.. Motion set for hearing on 1/11/2024 at 08:30 AM before Judge George H Wu. (Attachments: # 1 Decl. of D. Huynh, # 2 Ex. 1, # 3 Ex. 2, # 4 Ex. 3, # 5 Ex. 4, # 6 Ex. 5, # 7 Ex. 6, # 8 Ex. 7, # 9 Ex. 8, # 10 Ex. 9, # 11 Proposed Order) (Ranney, Christine) (Entered: 12/14/2023)
12/6/2023
  • Motion for Protective Order
PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Notice of Lodging of [Proposed] Protective Order 82 . (see document for details) (hr) (Entered: 12/06/2023)
11/21/2023 BRIEF filed by Counterclaim-Plaintiff K-fee System GmbH. (K-fee's Opening Claim Construction Brief) (Attachments: # 1 Declaration Declaration of Douglas Carsten, # 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, # 15 Exhibit 14)(Carsten, Douglas) (Entered: 11/21/2023)
11/21/2023
  • Motion for Claim Construction
BRIEF filed by Plaintiff and CounterClaim Defendant Nespresso USA, Inc., Nestle Nespresso S.A.. Nespresso's Opening Claim Construction Brief (Attachments: # 1 Decl. of D. Huynh, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Ranney, Christine) (Entered: 11/21/2023)
11/21/2023SUPPLEMENT to Statement 74 filed by Plaintiff Nespresso USA, Inc., Counter Defendant Nestle Nespresso S.A.. (Ranney, Christine) (Entered: 11/21/2023)
11/2/2023Notice of Lodging of [Proposed] Protective Order filed by Defendant and Counterclaim-Claimant K-fee System GmbH. (Attachments: # 1 [Proposed] Protective Order)(Carsten, Douglas) (Entered: 11/02/2023)
10/20/202381NOTICE OF FILING TRANSCRIPT filed for proceedings October 12, 2023 re Transcript 80 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Diaz, Amy) TEXT ONLY ENTRY (Entered: 10/20/2023)
10/20/2023TRANSCRIPT for proceedings held on October 12, 2023. Court Reporter/Electronic Court Recorder: Amy Diaz, phone number amyfcrr@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 11/13/2023. Redacted Transcript Deadline set for 11/20/2023. Release of Transcript Restriction set for 1/18/2024. (Diaz, Amy) (Entered: 10/20/2023)
10/16/2023TRANSCRIPT ORDER as to Defendant K-fee System GmbH for Court Reporter. Court will contact Allison Rolenaitis at arolenaitis@mwe.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Carsten, Douglas) (Entered: 10/16/2023)
10/13/2023
  • Motion to Dismiss (Demurrer)Granted
MINUTES IN CHAMBERS - RULING ON SOCIETE DES PRODUITS NESTLE S.A.'S MOTION TO DISMISS K-FEE'S AMENDED COUNTERCLAIMS 68 by Judge George H. Wu. The Court adopts its tentative ruling (ECF No. 75) as its final ruling on Counterclaim-Defendant Societe des Produits Nestle S.A.'s ("SPN") motion to dismiss K-fee's amended counterclaims ("Motion"). The Court will allow K-fee allowed to conduct limited jurisdictional discovery as indicated on the record. The Court sets a status for December 21, 2023 at 8:30 a.m. The parties are to file a joint status report by December 18.; granting in part 68 MOTION to Dismiss K-Fee's Amended Counterclaims. (aco) (Entered: 10/13/2023)
10/13/2023TRANSCRIPT ORDER as to Counter-Defendant Societe des Produits Nestle S.A. for Court Reporter. Court will contact Kassandra Valdovinos at kvaldovinos@mayerbrown.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Jaeger, Michael) (Entered: 10/13/2023)
10/12/2023
  • Motion to Dismiss (Demurrer)
MINUTES OF SOCIT DES PRODUITS NESTL S.A.'S MOTION TO DISMISS K-FEE'S AMENDED COUNTERCLAIMS 68 Hearing held before Judge George H. Wu. The Court's Tentative Ruling on Counter-Defendant's Motion 68 was issued on October 10, 2023 75 . Oral argument is held. For reasons stated on the record, Counter-Defendant's Motion is TAKEN UNDER SUBMISSION.; taking under advisement 68 MOTION to Dismiss K-Fee's Amended Counterclaims. Court Reporter: Amy Diaz. (aco) (Entered: 10/12/2023)
10/10/2023
  • Motion to Dismiss (Demurrer)
MINUTES IN CHAMBERS - TENTATIVE RULING ON SOCIT DES PRODUITS NESTL S.A.'S MOTION TO DISMISS K-FEE'S AMENDED COUNTERCLAIMS 68 by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on Defendant's Motion 68 set for hearing on October 12, 2023 at 8:30 a.m. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) (Entered: 10/10/2023)
10/10/2023STATEMENT Joint Claim Construction and Prehearing Statement filed by Plaintiff Nespresso USA, Inc. (Barsky, Wayne) (Entered: 10/10/2023)
10/10/202373TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The parties are advised that the Motion Hearing 68 , set for Thursday, October 12, 2023 at 8:30 a.m. will be held in-person and not by telephone. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 10/10/2023)
9/28/2023
  • Motion to Dismiss (Demurrer)by Δ
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss K-Fee's Amended Counterclaims 61 68 ( filed by Counter Defendant Societe des Produits Nestle S.A.. (Attachments: # 1 Declaration of David Mazur in Support)(Jaeger, Michael) (Entered: 09/28/2023)
9/21/2023DECLARATION of Douglas H. Carsten in opposition to NOTICE OF MOTION AND MOTION to Dismiss K-Fee's Amended Counterclaims 61 68 filed by Counter Claimant K-fee System GmbH, Defendant K-fee System GmbH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(Carsten, Douglas) (Entered: 09/21/2023)
9/21/2023
  • Motion to Dismiss (Demurrer)by Δ
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss K-Fee's Amended Counterclaims 61 68 filed by Counter Claimant K-fee System GmbH, Defendant K-fee System GmbH. (Carsten, Douglas) (Entered: 09/21/2023)
9/11/2023 NOTICE of Appearance filed by attorney Darish Huynh on behalf of Counter Defendants Nespresso USA, Inc., Nestle Nespresso S.A., Counter Claimants Nespresso USA, Inc., Nespresso USA, Inc., Nestle Nespresso S.A., Plaintiff Nespresso USA, Inc. (Attorney Darish Huynh added to party Nespresso USA, Inc.(pty:cd), Attorney Darish Huynh added to party Nespresso USA, Inc.(pty:cc), Attorney Darish Huynh added to party Nespresso USA, Inc.(pty:pla), Attorney Darish Huynh added to party Nespresso USA, Inc.(pty:cc), Attorney Darish Huynh added to party Nestle Nespresso S.A.(pty:cc), Attorney Darish Huynh added to party Nestle Nespresso S.A.(pty:cd))(Huynh, Darish) (Entered: 09/11/2023)
9/8/2023
  • Motion to Dismiss (Demurrer)by Δ
NOTICE OF MOTION AND MOTION to Dismiss K-Fee's Amended Counterclaims 61 filed by Counterclaim-Defendant Societe des Produits Nestle S.A.. Motion set for hearing on 10/12/2023 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration of David Mazur in Support, # 2 Proposed Order) (Jaeger, Michael) (Entered: 09/08/2023)
9/8/2023
  • Answerby Δ
ANSWER to Answer to Counterclaim,,, 64 (K-fee's Answer to Nespresso's Counterclaims) filed by Defendant and Counterclaim-Plaintiff K-fee System GmbH.(Carsten, Douglas) (Entered: 09/08/2023)
9/8/2023
  • 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 Kavya Rallabhandi to Appear Pro Hac Vice on behalf of Defendant K-fee System GmbH, designating Katherine Pappas as local counsel GRANTED.; granting 65 Non-Resident Attorney Kavya Rallabhandi. (aco) (Entered: 09/08/2023)
9/6/2023
  • Motion to Appear Pro Hac Viceby Δ
APPLICATION of Non-Resident Attorney Kavya Rallabhandi to Appear Pro Hac Vice on behalf of Defendant K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35988193) filed by Defendant K-fee System GmbH. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Pappas, Katherine) (Entered: 09/06/2023)
8/25/2023
  • Answerby Π
ANSWER to Counterclaim Nespresso USA, Inc.'s and Nestle Nespresso S.A.'s Answer to K-fee System GmbH's First Amended Counterclaims and Nespresso USA's Counterclaims, COUNTERCLAIM against K-fee System GmbH filed by Plaintiff and CounterClaim-Defendants Nestle Nespresso S.A., Nespresso USA, Inc..(Barsky, Wayne) (Entered: 08/25/2023)
8/14/2023PROOF OF SERVICE Executed by Defendant K-fee System GmbH, upon Counterclaim-Defendant Societe des Produits Nestle S.A. served on 7/12/2023, answer due 8/2/2023. in compliance with statute not specified by method of service not specified (Carsten, Douglas) (Entered: 08/14/2023)
8/14/2023
  • Answerby Δ
ANSWER to Counterclaim (K-fee's Answer to Nespresso's Counterclaims-in-Reply) filed by Defendant and Counterclaim-Plaintiff K-fee System GmbH.(Carsten, Douglas) (Entered: 08/14/2023)
8/4/2023
  • Answerby Δ
AMENDED ANSWER and AMENDED COUNTERCLAIM to Amended Complaint/Petition, 13 filed by Defendant and Counterclaim-Plaintiff K-fee System GmbH. (Carsten, Douglas) (Entered: 08/04/2023)
7/27/2023
  • Motion to Extend TimeGranted
ORDER GRANTING JOINT STIPULATION TO EXTEND SOCIETE DES PRODUITS NESTLE'S TIME TO RESPOND TO AMENDED COUNTERCLAIMS by Judge George H. Wu. The Court hereby orders that the stipulation is APPROVED, and orders as follows: 1) Given the imminent filing of the Amended Counterclaims, SPN is not required to file a responsive pleading to the Original Counterclaims, which are now outdated based on the Court's July 10, 2023 Order; 2) K-fee will file its Amended Counterclaims on or before August 4, 2023; (SEE DOCUMENT FOR ADDITIONAL DEADLINES AND DETAILS). RE: Stipulation for Extension of Time to File 59 . (aco) (Entered: 07/27/2023)
7/25/2023Joint STIPULATION for Extension of Time to File Response to Amended Counterclaims filed by Counterclaim Defendant Societe des Produits Nestle S.A.. (Attachments: # 1 Proposed Order)(Jaeger, Michael) (Entered: 07/25/2023)
7/24/2023 COUNTERCLAIM against Counter Defendant K-fee System GmbH; Jury Demand, filed by Counter Claimant Nespresso USA, Inc., Nestle Nespresso S.A. (See docket entry 58 for the attachment) (aco) (Entered: 07/25/2023)
7/24/2023
  • Answerby Π
Nespresso USA, Inc.'s and Nestle Nespresso S.A.'s Answer to K-fee System GmbH's Counterclaims and Nespresso USA's Counterclaims-in-Reply ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 18 with JURY DEMAND , COUNTERCLAIM against K-fee System GmbH filed by Counterclaim-Defendants Nespresso USA, Inc., Nestle Nespresso S.A..(Barsky, Wayne) (Entered: 07/24/2023)
7/14/2023
  • Order
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE 56 by Judge George H. Wu. APPLICATION to Appear Pro Hac Vice on behalf of Counter Defendant Societe des Produits Nestle S.A., designating Michael Jaeger as local counsel. Granting 56 Non-Resident Attorney Barry Clayton McCraw. (rolm) (Entered: 07/14/2023)
7/12/2023
  • Motion to Appear Pro Hac Viceby Δ
APPLICATION of Non-Resident Attorney Clayton Barry McCraw to Appear Pro Hac Vice on behalf of Counter Defendant Societe des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35655828) filed by Counterclaim-Defendant Societe des Produits Nestle S.A.. (Attachments: # 1 Proposed Order) (Jaeger, Michael) (Entered: 07/12/2023)
7/10/2023 MINUTES OF TELEPHONIC HEARING ON NESPRESSO'S MOTION TO DISMISS UNDER FEDERAL RULES OF CIVIL PROCEDURE 12(B)(1) AND 12(B)(6) 40 ; and COUNTERCLAIM DEFENDANT SOCIETE DES PRODUITS NESTLE S.A.'S NOTICE OF MOTION TO DISMISS K-FEE'S COUNTERCLAIMS, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 41 Hearing held before Judge George H. Wu. The Court's Tentative Ruling on the above-entitled Motions was issued on July 7, 2023 54 . Court and counsel confer. Based on the Tentative Ruling, and for reasons stated on the record, the above-entitled Motions are GRANTED WITH LEAVE TO AMEND. The parties are to file their amended complaint/counterclaims within 25 days from the date of this order.; granting 40 MOTION to Dismiss K-fee's Sixth Claim for Relief; granting 41 MOTION to Dismiss K-Fee's Counterclaims. Court Reporter: Terri A. Hourigan. (aco) (Entered: 07/10/2023)
7/7/2023
  • Order
MINUTES (IN CHAMBERS) by Judge George H. Wu: TENTATIVE RULING ON NESPRESSO'S MOTION TO DISMISS UNDER FEDERAL RULES OF CIVIL PROCEDURE 12(B)(1) AND 12(B)(6) 40 ; and COUNTERCLAIM DEFENDANT SOCIT DES PRODUITS NESTL S.A.'S NOTICE OF MOTION TO DISMISS K-FEE'S COUNTERCLAIMS, OR IN THE ALTERNATIVE, QUASH SERVICE OF SUMMONS 41 . Attached hereto is the Court's Tentative Ruling on the above-entitled Motions set for hearing on July 10, 2023 at 8:30 a.m. (lc) (Entered: 07/07/2023)
7/5/202353TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The parties are advised that the Motions Hearing 40 41 , set for Monday, July 10, 2023 at 8:30 a.m. will be held in-person and not by telephone. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 07/05/2023)
6/26/2023JOINDER filed by Counter Defendant Societe des Produits Nestle S.A. joining in Reply (Motion related), 49 . (Jaeger, Michael) (Entered: 06/26/2023)
6/26/2023DECLARATION of David Mazur In Support of NOTICE OF MOTION AND MOTION to Dismiss K-Fee's Counterclaims, or in the Alternative, Quash Service of Summons [Dkt Entry #18] 41 (Declaration In Support of Reply In Support of Motion to Dismiss) filed by Counter Defendant Societe des Produits Nestle S.A.. (Jaeger, Michael) (Entered: 06/26/2023)
6/26/2023
  • Motion to Dismiss (Demurrer)by Δ
REPLY In Support of a Motion NOTICE OF MOTION AND MOTION to Dismiss K-Fee's Counterclaims, or in the Alternative, Quash Service of Summons [Dkt Entry #18] 41 (Societe Des Produits Nestle S.A.'s Reply in Support of its Motion to Dismiss the Complaint, Or in the Alternative, Quash Service of Summons) filed by Counter Defendant Societe des Produits Nestle S.A.. (Jaeger, Michael) (Entered: 06/26/2023)
6/26/2023
  • Motion to Dismiss Claimby Π
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss K-fee's Sixth Claim for Relief for False Advertising in Violation of the Lanham Act 40 filed by Plaintiff Nespresso USA, Inc., Counter Defendant Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 06/26/2023)
6/16/2023DECLARATION of Douglas H. Carsten in opposition to NOTICE OF MOTION AND MOTION to Dismiss K-Fee's Counterclaims, or in the Alternative, Quash Service of Summons [Dkt Entry #18] 41 filed by Counter Claimant K-fee System GmbH, Defendant K-fee System GmbH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Carsten, Douglas) (Entered: 06/16/2023)
6/16/2023
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss K-Fee's Counterclaims, or in the Alternative, Quash Service of Summons [Dkt Entry #18] 41 filed by Counter Claimant K-fee System GmbH, Defendant K-fee System GmbH. (Carsten, Douglas) (Entered: 06/16/2023)
6/16/2023DECLARATION of Douglas H. Carsten in opposition to NOTICE OF MOTION AND MOTION to Dismiss K-fee's Sixth Claim for Relief for False Advertising in Violation of the Lanham Act 40 filed by Counter Claimant K-fee System GmbH, Defendant K-fee System GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Carsten, Douglas) (Entered: 06/16/2023)
6/16/2023
  • Motion to Dismiss Claimby Δ
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss K-fee's Sixth Claim for Relief for False Advertising in Violation of the Lanham Act 40 filed by Counter Claimant K-fee System GmbH, Defendant K-fee System GmbH. (Carsten, Douglas) (Entered: 06/16/2023)
6/14/2023
  • 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 Carmine R. Zarlenga to Appear Pro Hac Vice on behalf of Counter Defendant Societe des Produits Nestle S.A., designating Michael Jaeger as local counsel is GRANTED.; GRANTING 43 Non-Resident Attorney Carmine R. Zarlenga. (aco) (Entered: 06/14/2023)
6/12/2023
  • Motion to Appear Pro Hac Viceby Δ
APPLICATION of Non-Resident Attorney Carmine R. Zarlenga to Appear Pro Hac Vice on behalf of Counter Defendant Societe des Produits Nestle S.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35475093) filed by Counterclaim-Defendant Societe des Produits Nestle S.A.. (Attachments: # 1 Proposed Order) (Jaeger, Michael) (Entered: 06/12/2023)
6/9/2023JOINDER in NOTICE OF MOTION AND MOTION to Dismiss K-fee's Sixth Claim for Relief for False Advertising in Violation of the Lanham Act 40 filed by Counter Defendant Societe des Produits Nestle S.A.. (Jaeger, Michael) (Entered: 06/09/2023)
6/9/2023
  • Motion to Dismiss (Demurrer)by Δ
NOTICE OF MOTION AND MOTION to Dismiss K-Fee's Counterclaims, or in the Alternative, Quash Service of Summons [Dkt Entry #18] filed by Counterclaim-Defendant Societe des Produits Nestle S.A.. Motion set for hearing on 7/10/2023 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Declaration of David Mazur in Support, # 2 Proposed Order) (Attorney Michael Jaeger added to party Societe des Produits Nestle S.A.(pty:cd)) (Jaeger, Michael) (Entered: 06/09/2023)
6/9/2023
  • Motion to Dismiss Claimby Π
NOTICE OF MOTION AND MOTION to Dismiss K-fee's Sixth Claim for Relief for False Advertising in Violation of the Lanham Act filed by Counterclaim-Defendants Nespresso USA, Inc., Nestle Nespresso S.A.. Motion set for hearing on 7/10/2023 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Proposed Order) (Barsky, Wayne) (Entered: 06/09/2023)
5/26/2023 21 DAY Summons Issued re Answer to Complaint (Attorney Civil Case Opening), Counterclaim 18 as to Counter-Defendant Societe des Produits Nestle S.A. (aco) (Entered: 05/26/2023)
5/25/2023Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening), Counterclaim 18 filed by Counterclaim-Plaintiff K-fee System GmbH. (Carsten, Douglas) (Entered: 05/25/2023)
5/16/2023MINUTES IN CHAMBERS-SCHEDULING ORDER by Judge George H. Wu. As per C.D. Cal. L.R. 7-15, the May 18, 2023 scheduling conference date is taken off calendar. The Court sets the following dates: The parties are free to amend pleadings under Fed. R. Civ. P. 15 up to June 2, 2023. Markman Tutorial: January 11, 2024 at 8:30 a.m. Markman Hearing: January 18, 2024 at 8:30 a.m. Further Rule 26(f) Scheduling: January 18, 2024. (SEE DOCUMENT FOR ADDITIONAL DEADLINES AND DETAILS). (aco) (Entered: 05/16/2023)
5/15/202336TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel may appear telephonically for the scheduling conference set on Thursday, May 18, 2023 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: 05/15/2023)
5/11/2023JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-10 days, filed by Plaintiff Nespresso USA, Inc., Counter Defendant Nespresso USA, Inc... (Attachments: # 1 Exhibit A)(Barsky, Wayne) (Entered: 05/11/2023)
5/11/2023
  • Motion to Extend TimeGranted
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO ANSWER K-FEE SYSTEM GMBH'S COUNTERCLAIMS 30 by Judge George H. Wu. The Court orders as follows: (1) The time for Counterclaim-Defendants Nespresso USA, Inc., Nestle Nespresso S.A., and Societe des Produits Nestle S.A. to answer or otherwise respond to K-fee System GmbH's counterclaims (Dkt. 18) shall be extended from May 9, 2023, to June 9, 2023. (lom) (Entered: 05/11/2023)
5/10/2023PROOF OF SERVICE Executed by Counterclaim-Plaintiff K-fee System GmbH, upon Counterclaim-Defendant Nestle Nespresso S.A. served on 5/3/2023, answer due 5/24/2023. Service of the Summons and Complaint were executed upon Christine L. Ranney in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Carsten, Douglas) (Entered: 05/10/2023)
5/10/2023PROOF OF SERVICE Executed by Counterclaim-Plaintiff K-fee System GmbH, upon Counterclaim-Defendant Societe des Produits Nestle S.A. served on 5/8/2023, answer due 5/30/2023. Service of the Summons and Complaint were executed upon CT Corporation System in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Carsten, Douglas) (Entered: 05/10/2023)
5/10/2023PROOF OF SERVICE Executed by Counterclaim-Plaintiff K-fee System GmbH, upon Counterclaim-Defendant Nestle Nespresso S.A. served on 4/18/2023, answer due 5/9/2023. Service of the Summons and Complaint were executed upon Christine L. Ranney in compliance with Federal Rules of Civil Procedure by method of service not specified (Carsten, Douglas) (Entered: 05/10/2023)
5/9/2023
  • Motion to Extend Time to Answerby Π
Joint STIPULATION for Extension of Time to File Answer to June 9, 2023 re Answer to Complaint (Attorney Civil Case Opening), Counterclaim 18 filed by Counterclaim-Defendant Nespresso USA, Inc., Nestle Nespresso S.A.. (Attachments: # 1 Proposed Order)(Attorney Wayne Mitchell Barsky added to party Nestle Nespresso S.A.(pty:cd))(Barsky, Wayne) (Entered: 05/09/2023)
4/20/2023
  • 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 Claimant K-fee System GmbH, Defendant K-fee System GmbH, designating Kathy Pappas as local counsel.; GRANTING 26 Non-Resident Attorney Ian B. Brooks. (aco) (Entered: 04/20/2023)
4/20/2023 21 DAY Summons Issued re Answer to Complaint (Attorney Civil Case Opening), Counterclaim 18 as to Defendant Societe des Produits Nestle S.A. (aco) (Entered: 04/20/2023)
4/20/2023 21 DAY Summons Issued re Answer to Complaint (Attorney Civil Case Opening), Counterclaim 18 as to Defendant Nestle Nespresso S.A. (aco) (Entered: 04/20/2023)
4/19/2023
  • Motion to Appear Pro Hac Viceby Δ
Corrected APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Claimant K-fee System GmbH, Defendant K-fee System GmbH (Pro Hac Vice Fee - $500 Previously Paid on 4/18/2023, Receipt No. 35155624) filed by Defendant and Counterclaim Plaintiff K-fee System GmbH. (Attachments: # 1 Proposed Order) (Pappas, Katherine) (Entered: 04/19/2023)
4/19/2023NOTICE 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 Claimant K-fee System GmbH, Defendant K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35155624) 21 . 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: 04/19/2023)
4/19/2023Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening), Counterclaim 18 , Notice of Deficiency in Request to Issue Summons,, 23 filed by Defendant and Counterclaim Plaintiff K-fee System GmbH. (Attachments: # 1 Summons #2 (Corrected))(Carsten, Douglas) (Entered: 04/19/2023)
4/19/2023NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 20 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write "see attached."Next, attach a face page of the complaint or a second page addendum to the Summons. Please also include on the summons the wording "SUMMONS IN A CIVIL ACTION ON COUNTERCLAIM". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (aco) (Entered: 04/19/2023)
4/18/2023 COUNTERCLAIM against Counter Defendants Nespresso USA, Inc., Nestle Nespresso S.A., Societe des Produits Nestle S.A.; Jury Demand, filed by Defendant/Counter Claimant K-fee System GmbH. (See docket 18 for the attachment). (aco) (Entered: 07/25/2023)
4/18/2023
  • Order
MINUTES IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. The Court sets a Scheduling Conference for May 18, 2023 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 May 11, 2023. See Local Rule 26-1. (aco) (Entered: 04/18/2023)
4/18/2023
  • Motion to Appear Pro Hac Viceby Δ
APPLICATION of Non-Resident Attorney Ian B. Brooks to Appear Pro Hac Vice on behalf of Counter Claimant K-fee System GmbH, Defendant K-fee System GmbH (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35155624) filed by Defendant K-fee System GmbH. (Attachments: # 1 Proposed Order) (Pappas, Katherine) (Entered: 04/18/2023)
4/18/2023Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening), Counterclaim 18 filed by Defendant K-fee System GmbH. (Attachments: # 1 Summons #2)(Carsten, Douglas) (Entered: 04/18/2023)
4/18/2023CORPORATE DISCLOSURE STATEMENT filed by Counter Claimant K-fee System GmbH, Defendant K-fee System GmbH identifying Krüger GmbH & Co. KG as Corporate Parent. (Carsten, Douglas) (Entered: 04/18/2023)
4/18/2023
  • Answerby Δ
ANSWER to Amended Complaint/Petition, 13 with JURY DEMAND , COUNTERCLAIM against Nespresso USA, Inc. filed by Defendant K-fee System GmbH.(Carsten, Douglas) (Entered: 04/18/2023)
4/18/2023Notice of Appearance or Withdrawal of Counsel: for attorney Katherine Pappas counsel for Defendant K-fee System GmbH. Adding Kathy Pappas as counsel of record for K-fee System GmbH for the reason indicated in the G-123 Notice. Filed by Defendant K-fee System GmbH. (Attorney Katherine Pappas added to party K-fee System GmbH(pty:dft))(Pappas, Katherine) (Entered: 04/18/2023)
4/18/2023Notice of Appearance or Withdrawal of Counsel: for attorney Douglas H Carsten counsel for Defendant 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 Defendant K-fee System GmbH. (Attorney Douglas H Carsten added to party K-fee System GmbH(pty:dft))(Carsten, Douglas) (Entered: 04/18/2023)
1/20/2023 WAIVER OF SERVICE Returned Executed filed by Plaintiff Nespresso USA, Inc.. upon K-fee System GmbH waiver sent by Plaintiff on 1/18/2023, answer due 4/18/2023. Waiver of Service signed by Dr. Martin Frohlich, General Counsel. (Barsky, Wayne) (Entered: 01/20/2023)
1/18/2023REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 01/18/2023)
1/18/2023
  • Complaintby Π
First AMENDED COMPLAINT against Defendant K-fee System GmbH amending Complaint (Attorney Civil Case Opening), 1 , filed by Plaintiff Nespresso USA, 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)(Barsky, Wayne) (Entered: 01/18/2023)
12/28/2022
  • Standing Order
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. 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.) (rolm) (Entered: 12/28/2022)
12/27/2022
  • 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 Magistrate Judge Jacqueline Chooljian and Judge Josephine L. Staton 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-09295 GW(AGRx). Signed by Judge George H. Wu (rn) (Entered: 12/27/2022)
12/27/2022 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant K-fee System GmbH. (car) (Entered: 12/27/2022)
12/27/2022Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) (Entered: 12/27/2022)
12/27/2022NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 12/27/2022)
12/27/2022NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Jacqueline Chooljian. (car) (Entered: 12/27/2022)
12/22/2022Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 12/22/2022)
12/22/2022NOTICE of Related Case(s) filed by Plaintiff Nespresso USA, Inc.. Related Case(s): 2:22-cv-03402-GW-AGR and 2:22-cv-00525-GW-AGR (Barsky, Wayne) (Entered: 12/22/2022)
12/22/2022REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 12/22/2022)
12/22/2022CORPORATE DISCLOSURE STATEMENT PURSUANT TO FED. R. CIV. P. 7.1 AND CERTIFICATION OF INTERESTED PARTIES PURSUANT TO LOCAL R. 7.1-1 filed by Plaintiff Nespresso USA, Inc. identifying Nestle S.A. as Corporate Parent. (Barsky, Wayne) (Entered: 12/22/2022)
12/22/2022 CIVIL COVER SHEET filed by Plaintiff Nespresso USA, Inc.. (Barsky, Wayne) (Entered: 12/22/2022)
12/22/2022
  • Complaintby Π
COMPLAINT Receipt No: ACACDC-34522512 - Fee: $402, filed by Plaintiff Nespresso USA, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Attorney Wayne Mitchell Barsky added to party Nespresso USA, Inc.(pty:pla))(Barsky, Wayne) (Entered: 12/22/2022)