3:17-cv-01706 - Simpson Performance Products Inc v. Mastercraft Safety Inc et al.

Detail

Case Number

3:17-cv-01706

Current Status

closed

Cause of Action

Infringement

Related Case(s)

5:16-cv-00155

Court

California Southern District Court

Plaintiff(s)

Simpson Performance Products Inc

Operating Company

Defendant(s)

Mastercraft Safety Inc

Impact Racing Inc

Judge

Roger T. Benitez

Filing Date

2017-08-23

Termination Date

2018-06-01

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
CASE NO LONGER ASSIGNED to District Judge Robert J. Conrad, Jr and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(jlk) Modified on 8/26/2016 (cbb) to show case no longer assigned to Judge Conrad and Judge Cayer. Regenerated NEF. [Transferred from North Carolina Western on 8/23/2017.] (Entered: 08/25/2016)
Case assigned to District Judge Richard L. Voorhees and referred to Magistrate Judge David C. Keesler. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(cbb) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 08/25/2016)
NOTICE: Case was filed in wrong division. Case has been copied from 3:16CV638 to 5:16CV155. Please use 5:16CV155 for all future pleadings. (cbb) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 08/25/2016)
Notice to Adam S. Garson: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Bar of this Court and Register for ECF at www.ncwd.uscourts.gov. Deadline by 12/8/2016. (cbb) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 12/01/2016)
Judge Larry Alan Burns and Magistrate Judge Karen S. Crawford assigned to transfer case from Western District of North. (All non-registered users served via U.S. Mail Service)(no document attached) (dlg) (Entered: 08/23/2017)
COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-3087288), filed by Simpson Performance Products, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Killen, Craig) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 08/24/2016)
REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (jlk) (Main Document 3 replaced on 8/26/2016) (cbb). (Additional attachment(s) added on 8/26/2016: # 1 Complaint) (cbb). Modified on 8/26/2016 (cbb) to show as Statesville Division case and add image of complaint. Regenerated NEF. [Transferred from North Carolina Western on 8/23/2017.] (Entered: 08/25/2016)
Summons Issued Electronically as to Impact Racing Inc., Mastercraft Safety, Inc. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: # 1 Summons 2)(jlk) (Main Document 4 replaced on 8/26/2016) (cbb). (Attachment 1 replaced on 8/26/2016) (cbb). Modified on 8/26/2016 (cbb) to show Statesville Division case number. Regenerated NEF. [Transferred from North Carolina Western on 8/23/2017.] (Entered: 08/25/2016)
AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Simpson Performance Products, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Killen, Craig) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 12/15/2016)
MOTION to Dismiss Amended Complaint by Impact Racing Inc.. Responses due by 1/19/2017 plus an additional 3 days if served by mail (Attachments: # 1 Proposed Order)(Shah, Anup) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 01/05/2017)
NOTICE by Impact Racing Inc. of Recent Decision re 20 MOTION to Dismiss Amended Complaint (Attachments: # 1 Exhibit Recent decision - Cooper Lighting)(Garson, Adam) Modified text on 4/13/2017 (rth). [Transferred from North Carolina Western on 8/23/2017.] (Entered: 04/12/2017)
MOTION to Dismiss for Improper Venue, or Alternatively, Transfer Venue by Impact Racing Inc.. Responses due by 6/20/2017 plus an additional 3 days if served by mail (Attachments: # 1 Memorandum, # 2 Declaration - Pierce, # 3 Proposed Order, # 4 Proof of Service)(Garson, Adam) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 06/06/2017)
MEMORANDUM in Opposition re 25 MOTION to Dismiss for Improper Venue, or Alternatively, Transfer Venue by Simpson Performance Products, Inc.. Replies due by 7/5/2017 plus an additional 3 days if served by mail (Attachments: # 1 Exhibit Declaration of Charles Davies)(Killen, Craig) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 06/27/2017)
REPLY to Response to Motion re 25 MOTION to Dismiss for Improper Venue, or Alternatively, Transfer Venue by Impact Racing Inc.. (Attachments: # 1 Proof of Service)(Garson, Adam) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 07/14/2017)
Case transferred in from District of North Carolina Western; Case Number 5:16-cv-00155. Original file received electronically (Entered: 08/23/2017)
NOTICE OF RELATED CASE(S) by Impact Racing Inc. of case(s) 3:17-cv-01704-BEN-MDD . (Attachments: # 1 Proof of Service)(Garson, Adam) (jjg). (Entered: 09/11/2017)
NOTICE of Party With Financial Interest by Impact Racing Inc. . No Parties With Financial Interest. (Attachments: # 1 Proof of Service)(Garson, Adam) (jjg). (Entered: 09/11/2017)
MOTION to Dismiss for Failure to State a Claim by Impact Racing Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Garson, Adam) (Entered: 09/25/2017)
RESPONSE in Support re 40 MOTION to Dismiss for Failure to State a Claim filed by Impact Racing Inc. (Attachments: # 1 Proof of Service)(Garson, Adam) (knb). (Entered: 10/17/2017)
NOTICE of Joinder by Impact Racing Inc. to Necksgen, Inc.s Motion to Stay in Case No. 3:17-cv-01704-BEN-MDD 44 (Attachments: # 1 Proof of Service)(Garson, Adam) (anh). (Entered: 12/06/2017)
NOTICE of Joinder by Impact Racing Inc. in NecksGens Reply Brief ISO its Motion to Stay Pending IPR in 3:17-CV-01704 [Dkt. No.47] (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proof of Service)(Garson, Adam) (mpl). (Entered: 01/09/2018)
Joint MOTION for Extension of Time to File by Impact Racing Inc.. (Attachments: # 1 Proof of Service)(Garson, Adam) (anh). (Entered: 05/22/2018)
Corporate Disclosure Statement by Simpson Performance Products, Inc. (Killen, Craig) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 08/24/2016)
NOTICE of Appearance by Karl S. Sawyer on behalf of Simpson Performance Products, Inc. (Killen, Craig) Modified on 8/30/2016 (cbb) to show appearance of correct attorney. Regenerated NEF. [Transferred from North Carolina Western on 8/23/2017.] (Entered: 08/29/2016)
AFFIDAVIT of Service filed by Simpson Performance Products, Inc.. Impact Racing Inc. served on 10/20/2016, answer due 11/10/2016. (Killen, Craig) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 10/28/2016)
AFFIDAVIT of Service filed by Simpson Performance Products, Inc.. Mastercraft Safety, Inc. served on 10/20/2016, answer due 11/10/2016. (Killen, Craig) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 10/28/2016)
Stipulation/Motion for Extension of Time to File Answer by Simpson Performance Products, Inc. (Killen, Craig) Modified on 11/9/2016 (smj). [Transferred from North Carolina Western on 8/23/2017.] (Entered: 11/09/2016)
ORDER granting 8 Stipulation/Motion For Extension of Time To Answer 1 Complaint. Mastercraft Safety, Inc. and Impact Racing Inc. answer due 12/1/2016.. Signed by Magistrate Judge David Keesler on 11/9/16. (smj) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 11/09/2016)
MOTION to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Impact Racing Inc., Mastercraft Safety, Inc.. Responses due by 12/15/2016 plus an additional 3 days if served by mail (Shah, Anup) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 12/01/2016)
MEMORANDUM in Support re 10 MOTION to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Impact Racing Inc., Mastercraft Safety, Inc.. (Shah, Anup) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 12/01/2016)
Corporate Disclosure Statement by Mastercraft Safety, Inc. (Shah, Anup) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 12/01/2016)
Corporate Disclosure Statement by Impact Racing Inc. (Shah, Anup) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 12/01/2016)
MOTION for Leave to Appear Pro Hac Vice as to Adam S. Garson Filing fee $ 281, receipt number 0419-3176241. by Impact Racing Inc., Mastercraft Safety, Inc.. (Shah, Anup). Motions referred to David Keesler. [Transferred from North Carolina Western on 8/23/2017.] (Entered: 12/01/2016)
ORDER granting 14 Motion for Leave to Appear Pro Hac Vice; added Adam S. Garson for Impact Racing Inc., Mastercraft Safety, Inc. Signed by Magistrate Judge David Keesler on 12/1/2016. (cbb) Modified on 12/1/2016 (cbb) to Regenerate NEF. [Transferred from North Carolina Western on 8/23/2017.] (Entered: 12/01/2016)
RESPONSE in Opposition re 10 MOTION to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6), 11 Memorandum in Support of Motion by Simpson Performance Products, Inc.. (Killen, Craig) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 12/15/2016)
Consent MOTION for Extension of Time to Answer re: 16 Amended Complaint by Impact Racing Inc.. (Shah, Anup). Motions referred to David Keesler. [Transferred from North Carolina Western on 8/23/2017.] (Entered: 12/19/2016)
MEMORANDUM AND RECOMMENDATIONS on 10 MOTION to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Impact Racing Inc., Mastercraft Safety, Inc. ( Objections to M&R due by 1/3/2017 plus an additional 3 days if served by mail). ORDER granting 18 Consent MOTION for Extension of Time to Answer re: 16 Amended Complaint filed by Impact Racing Inc. Signed by Magistrate Judge David Keesler on 12/20/2016. (khm) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 12/20/2016)
MEMORANDUM in Support re 20 MOTION to Dismiss Amended Complaint by Impact Racing Inc.. (Shah, Anup) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 01/05/2017)
RESPONSE in Opposition re 20 MOTION to Dismiss Amended Complaint by Simpson Performance Products, Inc.. Replies due by 1/26/2017 plus an additional 3 days if served by mail (Killen, Craig) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 01/19/2017)
REPLY to Response to Motion re 20 MOTION to Dismiss Amended Complaint by Impact Racing Inc.. (Shah, Anup) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 01/26/2017)
Consent MOTION for Extension of Time to File Response/Reply re: 25 MOTION to Dismiss for Improper Venue, or Alternatively, Transfer Venue by Simpson Performance Products, Inc.. Responses due by 6/28/2017 plus an additional 3 days if served by mail (Killen, Craig). Motions referred to David Keesler. [Transferred from North Carolina Western on 8/23/2017.] (Entered: 06/14/2017)
ORDER granting 26 Motion for Extension of Time to File Response/Reply re 25 MOTION to Dismiss for Improper Venue, or Alternatively, Transfer Venue Responses due by 6/27/2017 and Replies due by 7/14/2017. Signed by Magistrate Judge David Keesler on 6/16/2017. (nvc) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 06/16/2017)
ORDER adopting 19 Memorandum and Recommendations; denying as moot 10 Motion to Dismiss; Mastercraft Safety, Inc is terminated as a defendant in this action; granting 25 Motion to Dismiss to the extent that this Court concludes that venue is improper in this District. The Clerk is DIRECTED to TRANSFER this action to the Southern District of California. Signed by District Judge Richard Voorhees on 8/22/2017. (tmg) [Transferred from North Carolina Western on 8/23/2017.] (Entered: 08/23/2017)
Minute ORDER re 20 An Oral Argument Hearing on Defendants motion to dismiss is set for 9/21/2017 01:30 PM in Courtroom 4C before Judge Cathy Ann Bencivengo.) (axm) (Entered: 09/01/2017)
ORDER Vacating Hearing and Setting Briefing Schedule [Doc. No. 20 ]. Signed by Judge Cathy Ann Bencivengo on 9/11/2017. (All non-registered users served via U.S. Mail Service)(jjg) (Entered: 09/11/2017)
Mail Returned as Undeliverable re 33 Order of Judge Transfer. Mail sent to Craig Killen. (jjg) (Entered: 09/12/2017)
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Roger T. Benitez and Magistrate Judge Mitchell D. Dembin for all further proceedings. Judge Cathy Ann Bencivengo, Magistrate Judge Karen S. Crawford no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:17-cv-01704-BEN-MDD. The new case number is 17cv1706-BEN-MDD.. Signed by Judge Cathy Ann Bencivengo on 9/20/2017. Signed by Judge Roger T. Benitez on 9/18/2017.(All non-registered users served via U.S. Mail Service)(jjg) (Main Document 39 replaced on 9/20/2017) (jjg). (Entered: 09/20/2017)
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-10499911.) (Application to be reviewed by Clerk.) (Killen, Craig)(jrd) (Entered: 10/03/2017)
RESPONSE in Opposition re 40 MOTION to Dismiss for Failure to State a Claim filed by Simpson Performance Products, Inc.. (Killen, Craig) (jpp). (Entered: 10/10/2017)
Joint MOTION for Hearing Reschedule Hearing Date on Fully Briefed Motion by Simpson Performance Products, Inc.. (Burns, Paul) (jao). (Entered: 10/12/2017)
ORDER Denying as Moot 44 Joint Motion to Reschedule Hearing on Defendants Motion to Dismiss. Signed by Judge Roger T. Benitez on 10/18/2017. (All non-registered users served via U.S. Mail Service)(knb) (Entered: 10/18/2017)
RESPONSE re 47 Notice of Joinder by Defendant Impact Racing, Inc.s in NecksGen Inc.s Motion to Stay Pending Inter Partes Review filed by Simpson Performance Products, Inc.. (Poorman, Jacob) (anh). (Entered: 01/02/2018)
ORDER granting in part and denying in part 40 Motion to Dismiss for Failure to State a Claim. If Plaintiff elects to amend its pleading, it must file a Second Amended Complaint within ten (10) days of the date this Order is filed. Signed by Judge Roger T. Benitez on 5/16/2018. (anh) (Entered: 05/16/2018)
ORDER granting in part 51 Joint Motion for Extension of Time to File: Plaintiff Simpson shall have until 6/1/2018, to file any SAC. Defendant Impact shall have until 6/8/2018 to respond to Simpsons FAC or SAC. Signed by Judge Roger T. Benitez on 5/23/2018. (anh) (Entered: 05/24/2018)
NOTICE of Voluntary Dismissal by Simpson Performance Products, Inc. pursuant to FRCP 41(a)(1)(A)(i) (Killen, Craig) (anh). (Entered: 06/01/2018)
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