Barbaro Technologies, LLC v. Niantic, Inc.

COMPLAINT Receipt No: 0973-21182662 - Fee: $400, filed by Plaintiff Barbaro Technologies, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Attorney Samuel R Watkins added to party Barbaro Technologies, LLC(pty:pla))(Watkins, Samuel) (Entered: 01/30/2018)

2018-01-30

1

View

CIVIL COVER SHEET filed by Plaintiff Barbaro Technologies, LLC. (Watkins, Samuel) (Entered: 01/30/2018)

2018-01-30

1

View

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Barbaro Technologies, LLC. (Watkins, Samuel) (Entered: 01/30/2018)

2018-01-30

1

View

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Barbaro Technologies, LLC, identifying Barbaro Technologies, LLC. (Watkins, Samuel) (Entered: 01/30/2018)

2018-01-30

1

View

REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Barbaro Technologies, LLC. (Watkins, Samuel) (Entered: 01/30/2018)

2018-01-30

1

View

NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Charles F. Eick. (ghap) (Entered: 01/31/2018)

2018-01-31

1

View

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jordan A Sigale. 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. (ghap) (Entered: 01/31/2018)

2018-01-31

1

View

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Julie Langdon. 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. (ghap) (Entered: 01/31/2018)

2018-01-31

1

View

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Douglas J Sorocco. 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. (ghap) (Entered: 01/31/2018)

2018-01-31

1

View

NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Evan W Talley. 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. (ghap) (Entered: 01/31/2018)

2018-01-31

1

View

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Niantic, Inc. (ghap) (Entered: 01/31/2018)

2018-01-31

1

View

APPLICATION of Non-Resident Attorney Douglas J. Sorocco to Appear Pro Hac Vice on behalf of Plaintiff Barbaro Technologies, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21186862) filed by Plaintiff Barbaro Technologies, LLC. (Attachmen ts: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Watkins, Samuel) (Entered: 01/31/2018)

2018-01-31

1

View

APPLICATION of Non-Resident Attorney Evan W. Talley to Appear Pro Hac Vice on behalf of Plaintiff Barbaro Technologies, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21186916) filed by Plaintiff Barbaro Technologies, LLC. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Watkins, Samuel) (Entered: 01/31/2018)

2018-01-31

1

View

APPLICATION of Non-Resident Attorney Jordan A. Sigale to Appear Pro Hac Vice on behalf of Plaintiff Barbaro Technologies, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21186960) filed by Plaintiff Barbaro Technologies, LLC. (Attachments : # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Watkins, Samuel) (Entered: 01/31/2018)

2018-01-31

1

View

APPLICATION of Non-Resident Attorney Julie L. Langdon to Appear Pro Hac Vice on behalf of Plaintiff Barbaro Technologies, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21186988) filed by Plaintiff Barbaro Technologies, LLC. (Attachments : # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Watkins, Samuel) (Entered: 01/31/2018)

2018-01-31

1

View

STANDING ORDER by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND MAY DIFFER IN SOME RESPECTS FROM THE LOCAL RULES. (lom) (Entered: 02/01/2018)

2018-02-01

1

View

ORDER by Judge Consuelo B. Marshall: granting 12 Non-Resident Attorney Sorocco, Douglas J. APPLICATION to Appear Pro Hac Vice on behalf of Defendant, Barbaro Technologies, LLC, designating Watkins, Samuel L as local counsel. (yl) (Entered: 02/09/2018)

2018-02-09

1

View

ORDER by Judge Consuelo B. Marshall: granting 13 Non-Resident Attorney Talley, Evan W APPLICATION to Appear Pro Hac Vice on behalf of Defendant, Barbaro Technologies, LLC, designating Watkins, Samuel L as local counsel. (yl) (Entered: 02/09/2018)

2018-02-09

1

View

ORDER GRANTING APPLICATION of Non-Resident Attorney Jordan A. Sigale to Appear Pro Hac Vice on behalf of Plaintiff Barbaro Technologies, LLC and designating Samuel L Watkins as local counsel 14 by Judge Consuelo B. Marshall (lc) (Entered: 02/09/2018)

2018-02-09

1

View

ORDER GRANTING APPLICATION of Non-Resident Attorney Julie L. Langdon to Appear Pro Hac Vice on behalf of Plaintiff Barbaro Technologies, LLC and designating Samuel L Watkins as local counsel 15 by Judge Consuelo B. Marshall (lc) (Entered: 02/09/2018)

2018-02-09

1

View

PROOF OF SERVICE Executed by Plaintiff Barbaro Technologies, LLC, upon Defendant Niantic, Inc. served on 2/13/2018, answer due 3/6/2018. Service of the Summons and Complaint were executed upon Tiffany Lomax, Registered Agent, Incorporating Services, LTD in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Sigale, Jordan) (Entered: 02/27/2018)

2018-02-27

1

View

STIPULATION Extending Time to Answer the complaint as to Niantic, Inc. answer now due 4/5/2018, re Complaint (Attorney Civil Case Opening) 1, Service of Summons and Complaint Returned Executed (21 days), 21 filed by Plaintiff Barbaro Technologies, LLC.(Sigale, Jordan) (Entered: 03/02/2018)

2018-03-02

1

View

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Extending Time to Answer (30 days or less), 22 . The following error(s) was/were found: Title page starts on page 2 instead of page one. Other error(s) with document(s): Parties to adhere to the rules and procedures of the Court when e-filing.. 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. (ab) (Entered: 03/05/2018)

2018-03-05

1

View

ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND filed by Defendant Niantic, Inc..(Attorney Luann Loraine Simmons added to party Niantic, Inc.(pty:dft))(Simmons, Luann) (Entered: 04/05/2018)

2018-04-05

1

View

CORPORATE DISCLOSURE STATEMENT filed by Defendant Niantic, Inc. (Simmons, Luann) (Entered: 04/05/2018)

2018-04-05

1

View

CERTIFICATE of Interested Parties filed by Defendant Niantic, Inc., identifying Google Inc.; Nintendo Co. Ltd.; The Pokmon Company; The Pokmon Company International as Affiliates. (Simmons, Luann) (Entered: 04/05/2018)

2018-04-05

1

View

Notice of Appearance or Withdrawal of Counsel: for attorney Darin W Snyder counsel for Defendant Niantic, Inc.. Adding Darin W. Snyder as counsel of record for Niantic, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Niantic, Inc.. (Attorney Darin W Snyder added to party Niantic, Inc.(pty:dft))(Snyder, Darin) (Entered: 04/05/2018)

2018-04-05

1

View

Notice of Appearance or Withdrawal of Counsel: for attorney John X Zhu counsel for Defendant Niantic, Inc.. Adding John X. Zhu as counsel of record for Niantic, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Niantic, Inc.. (Attorney John X Zhu added to party Niantic, Inc.(pty:dft))(Zhu, John) (Entered: 04/05/2018)

2018-04-05

1

View

Notice of Appearance or Withdrawal of Counsel: for attorney Jianing Liu counsel for Defendant Niantic, Inc.. Adding Jianing Liu as counsel of record for Niantic, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Niantic, Inc.. (Attorney Jianing Liu added to party Niantic, Inc.(pty:dft))(Liu, Jianing) (Entered: 04/05/2018)

2018-04-05

1

View

NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of California Pursuant to 28 U.S.C. § 1404(a) filed by Defendant Niantic, Inc.. Motion set for hearing on 5/8/2018 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Declaration of Phillip Keslin in Support, # 2 Declaration of John X. Zhu in Support, # 3 Exhibit A - to the Declaration of Zhu, # 4 Exhibit B - to the Declaration of Zhu, # 5 Exhibit C - to the Declaration of Zhu, # 6 Proposed Order) (Simmons, Luann) (Entered: 04/05/2018)

2018-04-05

1

View

MINUTES [In Chambers] ORDER SETTING SCHEDULING CONFERENCE by Judge Consuelo B. Marshall: On the Courts own motion, this case is set for a Scheduling Conference on June 5, 2018 at 9:30 A. M. pursuant to FRCP 16(b). Counsel are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the Scheduling Conference. Counsel shall file a Rule 26(f) discovery plan no later than 7 days prior to the Scheduling Conference. The Rule 26(f) discovery plan shall contain the following: 1. The information required pursuant to the Court's Standing Order; 2. A brief description of the nature of the case and type of action filed and the date filed in the District Court; 3. The number of depositions to be taken by each side and the date the date the depositions are set; 4. The written discovery sought and date responses to interrogatories requests for production and requests for admissions are due; 5. Proposed timing of disclosures under Fed. R. Civ. Proc. 26(a)(2) re: expert witnesses, the number of experts expected to be called by each side, and the experts area of expertise; 6. Proposed Pre Trial Conference date; 7. Date Demand for Jury Trial was filed; 8. Prospects of Settlement; 9. Positions of counsel re: consent to proceed before a Magistrate-Judge; 10. A list of contemplated motions, including what type of motion, a tentative hearing date, and whether discovery must be conducted prior to the filing of the motions; and 11. Selection of one of the three ADR Procedures specified in L.R. 16-15.4 as best suited to the circumstances of the case, and when the ADR session should occur. A FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS. COUNSEL ARE REMINDED TO DELIVER ALL E-FILED MANDATORY COPIES. Court Reporter: Not Reported. (ab) (Entered: 04/06/2018)

2018-04-06

1

View

Notice of Appearance or Withdrawal of Counsel: for attorney Alexander B Parker counsel for Defendant Niantic, Inc.. Adding Alexander B. Parker as counsel of record for Niantic, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Niantic, Inc.. (Attorney Alexander B Parker added to party Niantic, Inc.(pty:dft))(Parker, Alexander) (Entered: 04/06/2018)

2018-04-06

1

View

OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of California Pursuant to 28 U.S.C. § 1404(a) 30 filed by Plaintiff Barbaro Technologies, LLC. (Sigale, Jordan) (Entered: 04/17/2018)

2018-04-17

1

View

DECLARATION of Frances Barbaro Opposition NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of California Pursuant to 28 U.S.C. § 1404(a) 30 filed by Plaintiff Barbaro Technologies, LLC. (Sigale, Jordan) (Entered: 04/17/2018)

2018-04-17

1

View

DECLARATION of Jordan A. Sigale Opposition NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of California Pursuant to 28 U.S.C. § 1404(a) 30 filed by Plaintiff Barbaro Technologies, LLC. (Attachments: # 1 Exhibit 1 - Court Statistics, # 2 Exhibit 2 - Hotel comparisons, # 3 Exhibit 3 - Niantic LA Office, # 4 Exhibit 4 - Metzner, # 5 Exhibit 5 - Alumni Q and A, # 6 Exhibit 6 - '131 patent, # 7 Exhibit 7 - '106 patent, # 8 Exhibit 8 - LA jobs, # 9 Exhibit 9 - LA Weekly, # 10 Exhibit 10 - LA Magazine, # 11 Exhibit 11 - Pokemon Go at LAPL, # 12 Exhibit 12 - reddit, # 13 Exhibit 13 - Pokemon Facebook, # 14 Exhibit 14 - Ingress, # 15 Exhibit 15 - Niantic platform, # 16 Exhibit 16 - Harry Potter, # 17 Exhibit 17 - '325 Patent Face, # 18 Exhibit 18 - prior art, # 19 Exhibit 19 - Google LA office)(Sigale, Jordan) (Entered: 04/17/2018)

2018-04-17

1

View

REPLY in Support of NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of California Pursuant to 28 U.S.C. § 1404(a) 30 filed by Defendant Niantic, Inc.. (Attachments: # 1 Supplemental Declaration of Phillip Keslin in Support, # 2 Declaration of John X. Zhu in Support, # 3 Exhibit 1 to the Declaration of Zhu, # 4 Exhibit 2 to the Declaration of Zhu, # 5 Exhibit 3 to the Declaration of Zhu)(Simmons, Luann) (Entered: 04/24/2018)

2018-04-24

1

View

TEXT ONLY ENTRY ORDER by Judge Consuelo B. Marshall: On the Court's own motion, Defendant's MOTION to Transfer Pursuant to 28 U.S.C. § 1404(a) 30 currently set for hearing on 5/8/18 is hereby CONTINUED to 5/16/2018 at 10:00 AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) (Entered: 05/01/2018)

2018-05-01

1

View

MINUTES OF DEFENDANT'S MOTION TO TRANSFER PURSUANT TO 28 U.S.C. § 1404(a) 30 Hearing held before Judge Consuelo B. Marshall. The Court and counsel confer. Following discussion with counsel, Defendant' Motion to Transfer Pursuant to 28 U.S.C. § 1404(a) is GRANTED. A written order will issue. Court Reporter: Cindy Nirenberg. (lom) (Entered: 05/16/2018)

2018-05-16

1

View

MINUTE ORDER IN CHAMBERS by Judge Consuelo B. Marshall: The matter before the Court is Defendant's motion to transfer this action to the Northern District of California. (Doc. No. 30.) The Court held a hearing on this motion on May 16, 2018. For the reasons stated on the record at the hearing, the motion is GRANTED. (Electronic docket sheet sent. Electronic Documents are accessible through PACER.) (MD JS-6. Case Terminated.) (bm) (Entered: 05/17/2018)

2018-05-17

1

View

REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (bm) (Entered: 05/17/2018)

2018-05-17

1

View

TEXT-ONLY ENTRY - RECEIVED Notice of Receipt of Electronic Case Transfer from California Northern District, 3:18-cv-02955 filed 5/18/2018. (iv) (Entered: 05/21/2018)

2018-05-18

1

View

Overview

Parties

Defendant

Niantic, Inc.

Represented By

Plaintiff