CryptoPeak Security, LLC v. Abercrombie & Fitch Co.

COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Abercrombie & Fitch Co. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2161807.) - filed by CryptoPeak Security, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(nmg) (Entered: 06/13/2017)

2017-06-13

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COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Abercrombie & Fitch Co. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2161807.) - filed by CryptoPeak Security, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(nmg) (Entered: 06/13/2017)

2017-06-13

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COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Abercrombie & Fitch Co. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2161807.) - filed by CryptoPeak Security, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(nmg) (Entered: 06/13/2017)

2017-06-13

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COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Abercrombie & Fitch Co. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2161807.) - filed by CryptoPeak Security, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(nmg) (Entered: 06/13/2017)

2017-06-13

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COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Abercrombie & Fitch Co. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2161807.) - filed by CryptoPeak Security, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(nmg) (Entered: 06/13/2017)

2017-06-13

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) (Entered: 06/13/2017)

2017-06-13

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,202,150 B1. (nmg) (Entered: 06/13/2017)

2017-06-13

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Summons Issued with Magistrate Consent Notice attached as to Abercrombie & Fitch Co. on 6/13/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmg)

2017-06-13

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Summons Issued

2017-06-13

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Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent iPEL, Inc. for CryptoPeak Security, LLC filed by CryptoPeak Security, LLC. (Devlin, Timothy) (Entered: 06/15/2017)

2017-06-15

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SUMMONS Returned Executed by CryptoPeak Security, LLC. Abercrombie & Fitch Co. served on 6/15/2017, answer due 7/6/2017. (Devlin, Timothy) (Entered: 06/19/2017)

2017-06-19

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Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:17-cv-00733-LPS, 1:17-cv-00737-LPS through 1:17-cv-00741-LPS and 1:17-cv-00743-LPS through 1:17-cv-00748-LPS (rjb)

2017-06-21

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Case Assigned/Reassigned

2017-06-21

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ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 6/23/17. Associated Cases: 1:17-cv-00733-LPS et al. (ntl) (Entered: 06/23/2017)

2017-06-23

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Order Referring Case to Magistrate Judge

2017-06-23

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PROPOSED ORDER Procedures Order by CryptoPeak Security, LLC. (Devlin, Timothy) (Entered: 06/27/2017)

2017-06-27

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STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to Plaintiff's complaint to August 15, 2017 - filed by Cabelas Inc., MGM Resorts International, First Citizens BancShares, Inc., Advance Auto Parts, Inc., Abercrombie & Fitch Co., Papa John's International Inc.. (Anderson, Jeremy) (Entered: 07/05/2017)

2017-07-05

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SO ORDERED D.I. (8 in 1:17-cv-00746-LPS-CJB, 8 in 1:17-cv-00739-LPS-CJB, 8 in 1:17-cv-00737-LPS-CJB, 8 in 1:17-cv-00745-LPS-CJB, 8 in 1:17-cv-00738-LPS-CJB, 8 in 1:17-cv-00740-LPS-CJB) STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to Plaintiff's complaint to August 15, 2017 filed by MGM Resorts International, Cabelas Inc., Advance Auto Parts, Inc., Papa John's International Inc., Abercrombie & Fitch Co., First Citizens BancShares, Inc.. Ordered by Judge Christopher J. Burke on 7/6/217. Associated Cases: 1:17-cv-00737-LPS-CJB et al.(dlb)

2017-07-06

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Set/Reset Answer Deadlines: Abercrombie & Fitch Co. answer due 8/15/2017. (dlb)

2017-07-06

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Set/Reset Answer Deadline

2017-07-06

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SO ORDERED

2017-07-06

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MOTION to Dismiss for Failure to State a Claim - filed by Abercrombie & Fitch Co.. (Anderson, Jeremy) (Additional attachment(s) added on 8/16/2017: # 1 Form of Order) (ntl). (Entered: 08/15/2017)

2017-08-15

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OPENING BRIEF in Support re 9 MOTION to Dismiss for Failure to State a Claim filed by Abercrombie & Fitch Co..Answering Brief/Response due date per Local Rules is 8/29/2017. (Anderson, Jeremy) (Entered: 08/15/2017)

2017-08-15

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ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against CryptoPeak Security, LLC by Abercrombie & Fitch Co..(Anderson, Jeremy) (Entered: 08/15/2017)

2017-08-15

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Abercrombie & Fitch Co.. (Anderson, Jeremy) (Entered: 08/15/2017)

2017-08-15

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MOTION REFERRED: 9 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb)

2017-08-16

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ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 8/16/2017. (dlb)

2017-08-16

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Oral Order

2017-08-16

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Motions Referred

2017-08-16

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STIPULATION TO EXTEND TIME to Respond to Motion to Dismiss to September 12, 2017 - filed by CryptoPeak Security, LLC. (Devlin, Timothy) (Entered: 08/25/2017)

2017-08-25

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SO ORDERED D.I. (13 in 1:17-cv-00738-LPS-CJB, 13 in 1:17-cv-00737-LPS-CJB) STIPULATION TO EXTEND TIME to Respond to Motion to Dismiss to September 12, 2017 filed by CryptoPeak Security, LLC. Ordered by Judge Christopher J. Burke on 8/25/2017. Associated Cases: 1:17-cv-00737-LPS-CJB, 1:17-cv-00738-LPS-CJB(dlb)

2017-08-25

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SO ORDERED

2017-08-25

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SO ORDERED, re (13 in 1:17-cv-00745-LPS-CJB, 13 in 1:17-cv-00746-LPS-CJB, 13 in 1:17-cv-00741-LPS-CJB) STIPULATION TO EXTEND TIME to Respond to Motion to Dismiss to September 12, 2017 filed by CryptoPeak Security, LLC. Signed by Judge Christopher J. Burke on 8/28/2017. Associated Cases: 1:17-cv-00741-LPS-CJB et al.(dlb)

2017-08-28

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SO ORDERED

2017-08-28

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MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, David B. Conrad, Ricardo J. Bonilla, and Michael R. Ellis - filed by Cabelas Inc., MGM Resorts International, GameStop Corporation, Advance Auto Parts, Inc., Abercrombie & Fitch Co., Papa John's International Inc.. (Anderson, Jeremy) (Entered: 08/30/2017)

2017-08-30

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ANSWER to 11 Answer to Complaint, Counterclaim by CryptoPeak Security, LLC.(Devlin, Timothy) (Entered: 09/05/2017)

2017-09-05

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STIPULATION TO EXTEND TIME to Respond to Motion to Dismiss to September 19, 2017 - filed by CryptoPeak Security, LLC. (Devlin, Timothy) (Entered: 09/11/2017)

2017-09-11

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SO ORDERED, re 16 STIPULATION TO EXTEND TIME to Respond to Motion to Dismiss to September 19, 2017 filed by CryptoPeak Security, LLC. Ordered by Judge Christopher J. Burke on 11/11/2017. (dlb)

2017-09-11

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SO ORDERED

2017-09-11

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SO ORDERED

2017-09-13

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SO ORDERED D.I. (14 in 1:17-cv-00745-LPS-CJB, 14 in 1:17-cv-00738-LPS-CJB, 14 in 1:17-cv-00741-LPS-CJB, 14 in 1:17-cv-00746-LPS-CJB, 14 in 1:17-cv-00739-LPS-CJB, 14 in 1:17-cv-00737-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, David B. Conrad, Ricardo J. Bonilla, and Michael R. Ellis filed by MGM Resorts International, GameStop Corporation, Cabelas Inc., Advance Auto Parts, Inc., Papa John's International Inc., Abercrombie & Fitch Co.. Ordered by Judge Christopher J. Burke on 9/13/2017. Associated Cases: 1:17-cv-00737-LPS-CJB et al.(dlb)

2017-09-13

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Joint PROPOSED ORDER Patent Case Scheduling Order by CryptoPeak Security, LLC. (Devlin, Timothy) (Entered: 09/14/2017)

2017-09-14

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Letter to Honorable Chief Judge Leonard P. Stark from Timothy Devlin regarding Case Management Checklist. (Attachments: # 1 Exhibit Case Management Checklist)(Devlin, Timothy) (Entered: 09/14/2017)

2017-09-14

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Order Setting Scheduling Conference

2017-09-15

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Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 10/2/2017 at 01:00 PM before Judge Christopher J. Burke. Because the proposed order is without any disputes, only Delaware counsel should appear in person. Outside counsel may participate telephonically. Ordered by Judge Christopher J. Burke on 9/15/2017. Associated Cases: 1:17-cv-00737-LPS-CJB et al.(dlb)

2017-09-15

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Add Attorneys - PHV only

2017-09-18

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Pro Hac Vice Attorney Michael R. Ellis,Ricardo Bonilla,David B. Conrad,Neil J. McNabnay for Cabelas Inc., MGM Resorts International,GameStop Corporation,Advance Auto Parts, Inc.,Abercrombie & Fitch Co., Papa John's International Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-00737-LPS-CJB et al.(crb)

2017-09-18

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ANSWERING BRIEF in Opposition re 9 MOTION to Dismiss for Failure to State a Claim filed by CryptoPeak Security, LLC.Reply Brief due date per Local Rules is 9/26/2017. (Attachments: # 1 Exhibit 4, # 2 Exhibit 5)(Devlin, Timothy) (Entered: 09/19/2017)

2017-09-19

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STIPULATION TO EXTEND TIME to file their Reply Brief In Support of Their Motion to Dismiss to October 3, 2017 - filed by Cabelas Inc., MGM Resorts International, GameStop Corporation, Advance Auto Parts, Inc., Abercrombie & Fitch Co., Papa John's International Inc.. (Anderson, Jeremy) (Entered: 09/22/2017)

2017-09-22

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SO ORDERED

2017-09-22

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SO ORDERED D.I. (20 in 1:17-cv-00739-LPS-CJB, 20 in 1:17-cv-00746-LPS-CJB, 20 in 1:17-cv-00745-LPS-CJB, 20 in 1:17-cv-00738-LPS-CJB, 20 in 1:17-cv-00741-LPS-CJB, 20 in 1:17-cv-00737-LPS-CJB) STIPULATION TO EXTEND TIME to file their Reply Brief In Support of Their Motion to Dismiss to October 3, 2017 filed by MGM Resorts International, GameStop Corporation, Cabelas Inc., Advance Auto Parts, Inc., Papa John's International Inc., Abercrombie & Fitch Co. Ordered by Judge Christopher J. Burke on 9/22/2017. Associated Cases: 1:17-cv-00737-LPS-CJB et al.(mlc)

2017-09-22

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SCHEDULING ORDER: Joinder of Parties due by 3/9/2018. Amended Pleadings due by 3/9/2018. Discovery due by 11/23/2018. Status Report due by 6/15/2018. Dispositive Motions due by 5/24/2019. Answering Brief due 6/14/2019. Reply Brief due 6/28/2019. A Motion Hearing is set for 7/23/2019 at 03:00 PM in Courtroom 6B before Judge Leonard P. Stark Claim Construction Opening Brief due by 6/22/2018. Claim Construction Answering Brief due by 7/20/2018. A Markman Hearing is set for 8/27/2018 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. A Trial Sequencing Teleconference is set for 9/6/2019 at 1:30 PM. A Pretrial Conference is set for 9/27/2019 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 10/15/2019 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 10/2/2017. Associated Cases: 1:17-cv-00737-LPS-CJB et al.(dlb) (Entered: 10/02/2017)

2017-10-02

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Scheduling Conference

2017-10-02

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Minute Entry for proceedings held before Judge Christopher J. Burke - Scheduling Teleconference held on 10/2/2017. The Court will enter a scheduling order as the parties have no disputes regarding the schedule. (Clerk, D. Benyo) APPEARANCES: T. Devlin for Plaintiff, J. Anderson for Defendants (Court Reporter Taneha Carroll (Hawkins)) (dlb)

2017-10-02

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REPLY BRIEF re 9 MOTION to Dismiss for Failure to State a Claim filed by Abercrombie & Fitch Co.. (Anderson, Jeremy) (Entered: 10/03/2017)

2017-10-03

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NOTICE of Appearance by James Michael Lennon on behalf of CryptoPeak Security, LLC (Lennon, James) (Entered: 10/03/2017)

2017-10-03

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PROPOSED ORDER Protective Order by CryptoPeak Security, LLC. (Devlin, Timothy) (Entered: 10/04/2017)

2017-10-04

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SO ORDERED

2017-10-04

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SO ORDERED D.I. (24 in 1:17-cv-00739-LPS-CJB, 24 in 1:17-cv-00745-LPS-CJB, 24 in 1:17-cv-00741-LPS-CJB, 24 in 1:17-cv-00746-LPS-CJB, 24 in 1:17-cv-00737-LPS-CJB, 24 in 1:17-cv-00738-LPS-CJB) Proposed Protective Order filed by CryptoPeak Security, LLC. Ordered by Judge Christopher J. Burke on 10/4/2017. Associated Cases: 1:17-cv-00737-LPS-CJB et al.(dlb)

2017-10-04

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NOTICE OF SERVICE of Fed. R. Civ. P. 26(a)(1) Initial Disclosures filed by CryptoPeak Security, LLC.(Devlin, Timothy) (Entered: 10/12/2017)

2017-10-12

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NOTICE OF SERVICE of Rule 26(a)(1) Initial Disclosures filed by Cabelas Inc., MGM Resorts International, GameStop Corporation, Advance Auto Parts, Inc., Abercrombie & Fitch Co., Papa John's International Inc..(Anderson, Jeremy) (Entered: 10/18/2017)

2017-10-18

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Oral Order

2017-10-20

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Case Referred to Mediation - Magistrate Judge only

2017-10-20

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CASE REFERRED to Magistrate Judge Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation Associated Cases: 1:17-cv-00737-LPS-CJB et al.(dlb)

2017-10-20

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ORAL ORDER: In light of the District Court's ADR referral in this case, and the number of parties involved in this matter and related cases, the Court orders as follows: Plaintiff(s) counsel shall contact counsel for each defendant to discuss whether both sides believe that the Court's assistance with settlement discussions would be helpful at some point in the case. If both plaintiff(s) and an individual defendant believe that the case has reached a stage whereby the Court's assistance is needed with regard to settlement, plaintiff(s) counsel shall contact the Court to schedule an ADR Teleconference for plaintiff and that individual defendant. Ordered by Judge Christopher J. Burke on 10/20/2017. Associated Cases: 1:17-cv-00737-LPS-CJB et al.(dlb)

2017-10-20

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NOTICE of SERVICE of Plaintiff's Default Standard Disclosures by CryptoPeak Security, LLC (Devlin, Timothy) (Entered: 11/16/2017)

2017-11-16

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NOTICE OF SERVICE of Paragraph 3 Disclosures filed by Cabelas Inc., MGM Resorts International, GameStop Corporation, Advance Auto Parts, Inc., Abercrombie & Fitch Co., Papa John's International Inc..(Anderson, Jeremy) (Entered: 11/17/2017)

2017-11-17

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STIPULATION of Dismissal by CryptoPeak Security, LLC. (Devlin, Timothy) (Main Document 29 replaced on 12/5/2017) (etg). (Entered: 12/05/2017)

2017-12-05

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- CORRECTING ENTRY

2017-12-05

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CORRECTING ENTRY: DI 29 has been replaced with corrected version as per counsel's request. (etg)

2017-12-05

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SO ORDERED AND ~Util - Terminate Civil Case

2017-12-06

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SO ORDERED, re 29 Stipulation of Dismissal filed by CryptoPeak Security, LLC, ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 12/6/17. (ntl)

2017-12-06

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,202,150 B1;. (etg) (Entered: 01/29/2018)

2018-01-29

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Overview

Parties

Defendant

Abercrombie & Fitch Co.

Represented By

Plaintiff