Neal v. Au

Application Number	Patent Number	External Links
-	US8375917	Espacenet Google Patents
-	US8505512	Espacenet Google Patents

COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-7820769, filed by Gene Neal, Kennieth Neal (submitted by Bradley Hartman). (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 02/26/2013)

2013-02-26

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SUMMONS Submitted by Gene Neal, Kennieth Neal (submitted by Bradley Hartman). (REK) (Entered: 02/26/2013)

2013-02-26

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Filing fee paid, receipt number PHX 0970-7820769. This case has been assigned to the Honorable John W. Sedwick. All future pleadings or documents should bear the correct case number: CV-13-00406-PHX-JWS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 02/26/2013)

2013-02-26

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NOTICE TO PARTY RE CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Gene Neal and Kennieth Neal (dba Bulletproof Diesel). (REK) (Entered: 02/26/2013)

2013-02-26

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Summons Issued as to Vince Au. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/26/2013)

2013-02-26

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Minute Order: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Please complete the form that is applicable to your particular case. In some cases, you may need to complete both forms.Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading. (REK) (Entered: 02/26/2013)

2013-02-26

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NOTICE of Filing - Copyright, Trademark or Patent Information filed by Gene Neal, Kennieth Neal. (Titus, John) (Entered: 03/12/2013)

2013-03-12

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WAIVER OF SERVICE Returned Executed by Gene Neal, Kennieth Neal. Vince Au waiver sent on 3/25/2013. (Titus, John) (Entered: 03/28/2013)

2013-03-28

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Defendant Vince Au dba Innovative Performance Research's ANSWER to 1 Complaint with Jury Demand, COUNTERCLAIM against Gene Neal, Kennieth Neal by Vince Au.(Motolenich-Salas, Kenneth) (Entered: 05/24/2013)

2013-05-24

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ANSWER to 9 Answer to Complaint, Counterclaim by Gene Neal, Kennieth Neal.(Hartman, Bradley) (Entered: 06/13/2013)

2013-06-13

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INITIAL CASE STATUS REPORT / CASE SCHEDULING AND PLANNING ORDER. Counsel for all parties must meet within 21 days from service of this order for purposes of jointly completing a scheduling and planning report. Within 28 days from service of this order, counsel for plaintiff shall serve and file the parties report with the court. (JWS) (Entered: 06/18/2013)

2013-06-18

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NOTICE re of Service of Discovery (Au's First Requests for Admission, Au's First Requests for Production, and Au's First Set of Interrogatories) by Vince Au . (Motolenich-Salas, Kenneth) (Entered: 06/26/2013)

2013-06-26

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NOTICE re Service of First Set of Discovery Requests by Plaintiffs on Defendant by Gene Neal, Kennieth Neal . (Titus, John) (Entered: 06/28/2013)

2013-06-28

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MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case and an answer, amended complaint, or other pleading has been filed that may include additional trademarks, patents, or copyrights allegedly violated. Attached to this docket entry are the required form(s) that may need to be completed.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to your particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, within seven (7) days please file a Notice indicating such using the specific event:Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. (LAD) (Entered: 07/05/2013)

2013-07-05

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NOTICE of Filing - Copyright, Trademark or Patent Information filed by Gene Neal, Kennieth Neal. (Titus, John) (Entered: 07/08/2013)

2013-07-08

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STIPULATION FOR ENTRY OF PROTECTIVE ORDER by Vince Au. (Attachments: # 1 Proposed Protective Order)(Motolenich-Salas, Kenneth) (Entered: 07/11/2013)

2013-07-11

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NOTICE re Service of Vince Au d/b/a Innovatice Performance Research's Initial Disclosures by Vince Au . (Motolenich-Salas, Kenneth) (Entered: 07/12/2013)

2013-07-12

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NOTICE re Service of Plaintiffs' Initial Disclosure Statement by Gene Neal, Kennieth Neal . (Titus, John) (Entered: 07/12/2013)

2013-07-12

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PROTECTIVE ORDER. Signed by Judge John W Sedwick on 7/15/13. (JWS) (Entered: 07/15/2013)

2013-07-15

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REPORT of Rule 26(f) Planning Meeting by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 07/16/2013)

2013-07-16

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AMENDED BY ORDERS 38, 86 and 135 SCHEDULING AND PLANNING ORDER: Discovery due by 5/16/2014. Dispositive motions due by 10/17/2014. (See document for further details). Signed by Judge John W Sedwick on 7/19/13. (LAD) Modified on 2/27/2015 (LAD). (Entered: 07/19/2013)

2013-07-19

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NOTICE re Service by Vince Au Defendant Vince Au d.b.a. Innovative Performance Research's Notice of Service of Discovery Responses. (Motolenich-Salas, Kenneth) (Entered: 07/29/2013)

2013-07-29

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NOTICE re SERVICE OF PLAINTIFFS DISCOVERY RESPONSES TO DEFENDANT by Gene Neal, Kennieth Neal . (Titus, John) (Entered: 07/30/2013)

2013-07-30

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NOTICE re PLAINTIFFS SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT by Gene Neal, Kennieth Neal . (Titus, John) (Entered: 07/30/2013)

2013-07-30

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NOTICE re Service of Discovery (Au's Second Requests for Admission, Au' Second Requests for Production, and Au's Second Set of Interrogatories) by Vince Au . (Motolenich-Salas, Kenneth) (Entered: 08/14/2013)

2013-08-14

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NOTICE of Service of Discovery filed by Vince Au. (Motolenich-Salas, Kenneth) (Entered: 09/03/2013)

2013-09-03

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NOTICE of Service of Discovery filed by Vince Au. (Motolenich-Salas, Kenneth) (Entered: 09/03/2013)

2013-09-03

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* NOTICE re service of amended discovery responses by Gene Neal, Kennieth Neal. (Titus, John) * Attorney noticed regarding new notice of discovery event on 9/9/2013 (LAD). (Entered: 09/09/2013)

2013-09-09

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NOTICE of Service of Discovery filed by Gene Neal, Kennieth Neal. (Titus, John) (Entered: 09/16/2013)

2013-09-16

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NOTICE of Service of Discovery filed by Vince Au. (Motolenich-Salas, Kenneth) (Entered: 09/18/2013)

2013-09-18

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NOTICE of Service of Discovery filed by Vince Au. (Motolenich-Salas, Kenneth) (Entered: 09/27/2013)

2013-09-27

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Consent MOTION to Amend/Correct Complaint by Gene Neal, Kennieth Neal. (Attachments: # 1 Exhibit Redline Proposed Amended Complaint, # 2 Text of Proposed Order)(Hartman, Bradley) (Entered: 10/04/2013)

2013-10-04

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JUDGE SEDWICK TEXT ORDER re 32 Motion to Amend/Correct. The consent motion to amend complaint at docket 32 is GRANTED. Plaintiffs shall file the amended complaint forthwith, and defendants shall respond within 20 days from the filing of the amended complaint. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JWS) (Entered: 10/07/2013)

2013-10-07

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COUNTS II AND II DISMISSED PER ORDER 137 AMENDED COMPLAINT against All Defendants filed by Gene Neal, Kennieth Neal. (Attachments: # 1 Exhibit A-F)(Hartman, Bradley) Modified on 3/18/2015 (LAD). (Entered: 10/08/2013)

2013-10-08

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MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case and an answer, amended complaint, or other pleading has been filed that may include additional trademarks, patents, or copyrights allegedly violated. Attached to this docket entry are the required form(s) that may need to be completed.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to your particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, within seven (7) days please file a Notice indicating such using the specific event:Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. (LAD) (Entered: 10/09/2013)

2013-10-09

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NOTICE of Filing - Copyright, Trademark or Patent Information filed by Gene Neal, Kennieth Neal. (Titus, John) (Entered: 10/09/2013)

2013-10-09

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MOTION to Amend/Correct 21 Scheduling Order Stipulated Motion to Amend Scheduling and Planning Order (Doc. No. 21) Pursuant to Fed. R. Civ. P. 16(b)(4) by Vince Au. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 10/18/2013)

2013-10-18

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AMENDED BY ORDERS 86 and 135 ORDER granting the 37 Stipulated Motion to Amend Scheduling and Planning Order. Signed by Judge John W Sedwick on 10/21/2013. (See Order for details.)(LFIG) Modified on 2/27/2015 (LAD). (Entered: 10/21/2013)

2013-10-21

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COUNT V DISMISSED WITH PREJUDICE PER ORDER 119 COUNTERCLAIMS AGAINST NEAL TECHNOLOGIES INCORPORATED STRICKEN PER MINUTE ORDER 62 ** Defendants' ANSWER to 34 Amended Complaint with Jury Demand, COUNTERCLAIM against Gene Neal, Kennieth Neal, Neal Technologies, Inc. dba Bulletproof Diesel by Innovative Performance Research LLC, Vince Au.(Motolenich-Salas, Kenneth) Modified on 1/23/2014 (LAD). Modified on 8/22/2014 (LAD). (Entered: 10/28/2013)

2013-10-28

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MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case and an answer, amended complaint, or other pleading has been filed that may include additional trademarks, patents, or copyrights allegedly violated. Attached to this docket entry are the required form(s) that may need to be completed.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to your particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, within seven (7) days please file a Notice indicating such using the specific event:Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. (LAD) (Entered: 10/29/2013)

2013-10-29

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NOTICE of Service of Discovery filed by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 11/01/2013)

2013-11-01

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 11/04/2013)

2013-11-04

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* NOTICE re Service of Discovery Responses by Gene Neal, Kennieth Neal. (Hartman, Bradley) * Attorney noticed regarding Notice of Service of Discovery event on 11/15/2013 (LAD). (Entered: 11/15/2013)

2013-11-15

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 11/15/2013)

2013-11-15

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MOTION to Strike 39 Answer to Amended Complaint, Counterclaim,, against Neal Technologies, Inc. by Gene Neal, Kennieth Neal. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) (Entered: 11/15/2013)

2013-11-15

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MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Strike 39 Answer to Amended Complaint, Counterclaim,, against Neal Technologies, Inc. (Unopposed Motion) by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 11/27/2013)

2013-11-27

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ORDER granting 46 Motion for Extension of Time to File Response re 45 MOTION to Strike 39 Answer to Amended Complaint, Counterclaim. Response due 12/6/13. Signed by Judge John W Sedwick on 12/3/13.(JWS) (Entered: 12/03/2013)

2013-12-03

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RESPONSE in Opposition re 45 MOTION to Strike 39 Answer to Amended Complaint, Counterclaim,, against Neal Technologies, Inc. Defendants' (i) Response in Opposition to Plaintiffs' Motion to Strike Counterclaims AND (ii) Motion to Amend Scheduling Order filed by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Exhibit 1)(Motolenich-Salas, Kenneth) Modified to add motion part on 12/20/2013 (ALS). (Entered: 12/06/2013)

2013-12-06

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DECLARATION of Kenneth Motolenich-Salas in Support of Defendants' Response in Opposition to Plaintiffs' Motion to Strike re 48 Response in Opposition to Motion, by Defendants Vince Au, Innovative Performance Research LLC, Counter Claimants Vince Au, Innovative Performance Research LLC. (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)(Motolenich-Salas, Kenneth) (Entered: 12/06/2013)

2013-12-06

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MOTION to Seal Document Motion to Seal Exhibit 13 to Declaration of Kenneth Motolenich-Salas in Support of Defendants' Response to Plaintiffs' Motion to Strike by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) Modified to remove link on 12/9/2013 (SSU). (Entered: 12/06/2013)

2013-12-06

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Filed at Doc. 53 SEALED LODGED Proposed SEALED LODGED PROPOSED EXHIBIT 13 TO DECLARATION OF KENNETH MOTOLENICH-SALAS IN SUPPORT OF DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION TO STRIKE re: 50 MOTION to Seal Document 49 Declaration,, Motion to Seal Exhibit 13 to Declaration of Kenneth Motolenich-Salas in Support of Defendants' Response to Plaintiffs' Motion to Strike. Document to be filed by Clerk if Motion to Seal is granted. Filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) Modified on 12/9/2013 (MAP). (Entered: 12/06/2013)

2013-12-06

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ORDER granting 50 Motion to Seal Exhibit 13 to the Declaration of Kenneth M. Motolenich-Salas in Support of Defendants' Response in Opposition to Plaintiffs' Motion to Strike. Signed by Judge John W Sedwick on 12/6/13.(MAP) (Entered: 12/09/2013)

2013-12-09

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Sealed Exhibit 13 to 49 Declaration of Kenneth Motolenich-Salas in Support of Defendants' Response to Plaintiffs' Motion to Strike filed by Vince Au, Innovative Performance Research LLC. (MAP) (Entered: 12/09/2013)

2013-12-09

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 12/10/2013)

2013-12-10

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REPLY to Response to Motion re 45 MOTION to Strike 39 Answer to Amended Complaint, Counterclaim,, against Neal Technologies, Inc. filed by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 12/13/2013)

2013-12-13

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 12/18/2013)

2013-12-18

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 12/19/2013)

2013-12-19

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RESPONSE in Opposition re 48 MOTION to Amend Scheduling Order filed by Gene Neal, Kennieth Neal. (Attachments: # 1 Exhibit A)(Hartman, Bradley) (Entered: 12/20/2013)

2013-12-20

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NOTICE of Service of Discovery filed by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 12/20/2013)

2013-12-20

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Second MOTION for Extension of Time for Markman Deadlines Stipulated Motion for Extension of Time for Markman Deadlines (Second Request) by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 01/08/2014)

2014-01-08

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ORDER granting 60 Stipulated Motion for Extension of Time. Pursuant to this Order, the Markman Opening Briefs shall be due on February 7, 2014, the Markman Responsive Briefs shall be due on March 14, 2014, and the Markman Hearing shall be scheduled as early as March 24, 2014. IT IS SO ORDERED. Signed by Judge John W Sedwick on 1/21/14. (LAD) (Entered: 01/21/2014)

2014-01-21

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MINUTE ORDER from Chambers granting 45 Motion to Strike 39 Counterclaim against Neal Technologies. The Counterclaims against Neal Technologies, Inc. are STRICKEN. The Clerk of Court will please remove Neal Technologies as a party to this case. (LAD) (Entered: 01/23/2014)

2014-01-23

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NOTICE of Service of Discovery filed by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 02/04/2014)

2014-02-04

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OPENING BRIEF by Vince Au, Innovative Performance Research LLC Defendants' Opening Markman Brief.. (Attachments: # 1 Appendix A (Table of Claim Terms and Defendants Proposed Constructions), # 2 Appendix B (Cited Excerpts from Intrinsic and Extrinsic Evidence Relevant to Claim Construction))(Motolenich-Salas, Kenneth) (Entered: 02/07/2014)

2014-02-07

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OPENING BRIEF by Vince Au, Innovative Performance Research LLC Defendants' Opening Markman Brief.. (Attachments: # 1 Appendix A (Table of Claim Terms and Defendants Proposed Constructions), # 2 Appendix B (Cited Excerpts from Intrinsic and Extrinsic Evidence Relevant to Claim Construction))(Motolenich-Salas, Kenneth) (Entered: 02/07/2014)

2014-02-07

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OPENING BRIEF by Vince Au, Innovative Performance Research LLC Defendants' Opening Markman Brief.. (Attachments: # 1 Appendix A (Table of Claim Terms and Defendants Proposed Constructions), # 2 Appendix B (Cited Excerpts from Intrinsic and Extrinsic Evidence Relevant to Claim Construction))(Motolenich-Salas, Kenneth) (Entered: 02/07/2014)

2014-02-07

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DECLARATION of Kenneth M. Motolenich-Salas in Support of Defendants' Opening Markman Brief re: 64 Brief - Opening by Defendants Vince Au, Innovative Performance Research LLC, Counter Claimants Vince Au, Innovative Performance Research LLC.. (Attachments: # 1 Exh 1: (U.S. Patent No. 8,375,917), # 2 Exh 2: (U.S. Patent No. 8,505,512), # 3 Exh 3: (Defendants Proposed Construction for Claim Terms of U.S. Patent No. 8,375,917 and Related Amendments and Parties Stipulations Made Thereto in Discovery), # 4 Exh 4: (Plaintiffs Proposed Construction for Claim Terms of U.S. Patent No. 8,375,917), # 5 Exh 5: (Defendants Proposed Construction for Claim Terms of U.S. Patent No. 8,505,512 and related amendments thereto), # 6 Exh 6: (Plaintiffs Proposed Constructions for Claim Terms of U.S. Patent No. 8,505,512 and related amendments thereto), # 7 Exh 7: (List of Asserted Patent Claims from Asserted Patents), # 8 Exh 8: (June 28, 2012 Amendment from Prosecution of Application Leading to U.S. Patent No. 8,375,917), # 9 Exh 9: (Oct. 3, 2012 Office Action from Prosecution of Application Leading to U.S. Patent No. 8,375,917), # 10 Exh 10: (Dec. 5, 2012 Inventor Declaration from Prosecution of Application Leading to U.S. Patent No. 8,375,917), # 11 Exh 11: (Dec. 11, 2012 Amendment from Prosecution of Application Leading to U.S. Patent No. 8,375,917), # 12 Exh 12: (Reason for Allowance of U.S. Patent No. 8,375,917), # 13 Exh 13, # 14 Exh 14, # 15 Exh 15, # 16 Exh 16, # 17 Exh 17, # 18 Exh 18, # 19 Exh 19, # 20 Exh 20, # 21 Exh 21, # 22 Exh 22)(Motolenich-Salas, Kenneth) (Entered: 02/07/2014)

2014-02-07

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DECLARATION of Vince Au in Support of Defendants' Opening Markman Brief re: 64 Brief - Opening by Defendants Vince Au, Innovative Performance Research LLC, Counter Claimants Vince Au, Innovative Performance Research LLC.. (Motolenich-Salas, Kenneth) (Entered: 02/07/2014)

2014-02-07

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OPENING BRIEF by Gene Neal, Kennieth Neal Plaintiffs' Opening Markman Brief.. (Attachments: # 1 Exhibit A-H)(Hartman, Bradley) (Entered: 02/07/2014)

2014-02-07

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OPENING BRIEF by Gene Neal, Kennieth Neal Plaintiffs' Opening Markman Brief.. (Attachments: # 1 Exhibit A-H)(Hartman, Bradley) (Entered: 02/07/2014)

2014-02-07

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 02/10/2014)

2014-02-10

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* NOTICE re: Proof of Service (Subpoena Duces Tecum to Los Angeles County Fire Department) by Vince Au, Innovative Performance Research LLC . (Motolenich-Salas, Kenneth) * Attorney noticed regarding filing of discovery on 2/11/2014 (LAD). (Entered: 02/10/2014)

2014-02-10

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NOTICE re: Unavailability by Vince Au, Innovative Performance Research LLC . (Motolenich-Salas, Kenneth) (Entered: 02/19/2014)

2014-02-19

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RESPONSE BRIEF by Vince Au, Innovative Performance Research LLC Defendants' Responsive Markman Brief. (Attachments: # 1 Appendix A)(Motolenich-Salas, Kenneth) (Entered: 03/14/2014)

2014-03-14

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DECLARATION of Kenneth M. Motolenich-Salas in Support of Defendants' Responsive Markman Brief re: 71 Brief - Response by Defendants Vince Au, Innovative Performance Research LLC, Counter Claimants Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Motolenich-Salas, Kenneth) (Entered: 03/14/2014)

2014-03-14

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DECLARATION of Daniel Cowley in Support of Defendants' Responsive Markman Brief re: 71 Brief - Response by Defendants Vince Au, Innovative Performance Research LLC, Counter Claimants Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Motolenich-Salas, Kenneth) (Entered: 03/14/2014)

2014-03-14

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RESPONSE BRIEF by Gene Neal, Kennieth Neal Plaintiffs' Responsive Markman Brief. (Attachments: # 1 Exhibit 1-4)(Hartman, Bradley) (Entered: 03/14/2014)

2014-03-14

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* SERVICE EXECUTED filed by Vince Au, Innovative Performance Research LLC: Proof of Service re: Subpoena Duces Tecum upon Neal Technologies, Inc. on 03/10/14. (Motolenich-Salas, Kenneth) * Attorney noticed regarding filing of discovery on 3/17/2014 (LAD). (Entered: 03/17/2014)

2014-03-17

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 03/18/2014)

2014-03-18

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 03/19/2014)

2014-03-19

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 03/20/2014)

2014-03-20

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OBJECTION to Subpoena Duces Tecum by Objector Neal Technologies. (Attachments: # 1 Exhibit A)(Armstrong, James) (Entered: 03/28/2014)

2014-03-28

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NOTICE of Appearance by Karen J Sepura Fouts on behalf of Vince Au, Innovative Performance Research LLC. (Fouts, Karen) (Entered: 03/31/2014)

2014-03-31

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SERVICE EXECUTED filed by Vince Au, Innovative Performance Research LLC: Proof of Service re: Subpoena to Testify at a Deposition and Notice of Deposition upon Ernie Ramirez (L.A. County Fire Dept.) on 04/02/14. (Motolenich-Salas, Kenneth) (Entered: 04/02/2014)

2014-04-02

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 04/04/2014)

2014-04-04

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NOTICE of Service of Discovery filed by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 04/15/2014)

2014-04-15

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 04/16/2014)

2014-04-16

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Joint MOTION to Amend/Correct 38 Order on Motion to Amend/Correct Scheduling and Planning Order (Second Request) by Gene Neal, Kennieth Neal. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) (Entered: 04/18/2014)

2014-04-18

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AMENDED BY ORDER 135 ORDER Granting 85 Stipulated Motion to Amend Scheduling and Planning Order (Doc. 38 ) Pursuant to Fed.R.Civ.P.16(b)(4). Signed by Judge John W Sedwick on 4/21/2014. (See attached Order for details)(ALS) Modified on 2/27/2015 (LAD). (Entered: 04/21/2014)

2014-04-21

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NOTICE of Service of Discovery filed by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 04/21/2014)

2014-04-21

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First MOTION for Discovery Schedule Related to Plaintiffs' Pre-Filing Investigation by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 04/24/2014)

2014-04-24

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MOTION for Judgment on the Pleadings Defendants' Motion for Judgment on the Pleadings on Counts II and III of the First Amended Complaint (Doc. No. 34) Pursuant to Fed. R. Civ. P. 12(c) by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 04/25/2014)

2014-04-25

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NOTICE of Errata re: 89 MOTION for Judgment on the Pleadings Defendants' Motion for Judgment on the Pleadings on Counts II and III of the First Amended Complaint (Doc. No. 34) Pursuant to Fed. R. Civ. P. 12(c) Notice of Errata re: Proposed Order for Defendants' Motion for Judgment on the Pleadings on Counts II and III of the First Amended Complaint by Defendants Vince Au, Innovative Performance Research LLC, Counter Claimants Vince Au, Innovative Performance Research LLC.. (Attachments: # 1 Exhibit 1 - CORRECTED Proposed Order for Defendants' 12(c) Motion)(Motolenich-Salas, Kenneth) (Entered: 04/25/2014)

2014-04-25

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Additional Attachments to Main Document re: 89 MOTION for Judgment on the Pleadings Defendants' Motion for Judgment on the Pleadings on Counts II and III of the First Amended Complaint (Doc. No. 34) Pursuant to Fed. R. Civ. P. 12(c) (CORRECTED) Proposed Order for Defendants Motion for Judgment on the Pleadings on Counts II and III of the First Amended Complaint (Doc. No. 34) Pursuant to Fed. R. Civ. P. 12(c) by Defendants Vince Au, Innovative Performance Research LLC, Counter Claimants Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 04/25/2014)

2014-04-25

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MINUTE ORDER from Chambers - Judge Sedwick hereby recuses from this case. The Clerk of Court will please re-assign this case by random draw to another District Judge. (NOTE: This matter has been reassigned by random lot to the Honorable Paul G. Rosenblatt. For future filings, please use the following case number: CV-13-406-PHX-PGR). (LAD) (Entered: 04/29/2014)

2014-04-29

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NOTICE re: of Unavailability by Vince Au, Innovative Performance Research LLC . (Motolenich-Salas, Kenneth) (Entered: 05/01/2014)

2014-05-01

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MOTION to Dismiss Counts/Claims : Counterclaim V Defendants' Motion for Voluntary Dismissal of Counterclaim V (Doc. No. 39) by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Exh 1 - Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 05/02/2014)

2014-05-02

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DECLARATION of Kenneth M. Motolenich-Salas in Support of Defendants' Motion to Dismiss Counterclaim V re: 39 Answer to Amended Complaint, Counterclaim . filed by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Motolenich-Salas, Kenneth) (Entered: 05/02/2014)

2014-05-02

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ORDER OF RECUSAL. ORDERED That the Honorable Paul G. Rosenblatt recuses himself from this action and that this action is reassigned by automated random selection to Magistrate Judge Mark E. Aspey for all further proceedings. FURTHER ORDERED that all future documents filed and/or served in this action shall be captioned with case number CV-13-406 PHX MEA. Signed by Senior Judge Paul G Rosenblatt on 5/6/14. (Attachments: # 1 Instructions, # 2 Consent Form)(MAP) (Entered: 05/06/2014)

2014-05-06

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ORDER that Plaintiffs Gene Neal, and Kennieth Neal, and Defendants Vince Au and Innovative Performance Research LLC shall each execute and file within 14 days of the entry of this order their written election to either consent to the exercise of jurisdiction over this matter by a magistrate judge or a written election to have this case reassigned to a United States district judge. Signed by Magistrate Judge Mark E Aspey on 5/7/14. (MAP) (Entered: 05/07/2014)

2014-05-07

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NOTICE of Service of Discovery filed by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 05/07/2014)

2014-05-07

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RESPONSE in Opposition re: 88 First MOTION for Discovery Schedule Related to Plaintiffs' Pre-Filing Investigation filed by Gene Neal, Kennieth Neal. (Attachments: # 1 Exhibit Attachment A)(Hartman, Bradley) (Entered: 05/12/2014)

2014-05-12

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RESPONSE in Opposition re: 89 MOTION for Judgment on the Pleadings Defendants' Motion for Judgment on the Pleadings on Counts II and III of the First Amended Complaint (Doc. No. 34) Pursuant to Fed. R. Civ. P. 12(c) filed by Gene Neal, Kennieth Neal. (Attachments: # 1 Exhibit A)(Titus, John) (Entered: 05/12/2014)

2014-05-12

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Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/13/2014)

2014-05-12

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 05/15/2014)

2014-05-15

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Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/19/2014)

2014-05-19

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Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Mark E. Aspey conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/19/2014)

2014-05-19

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RESPONSE to Motion re: 94 MOTION to Dismiss Counts/Claims : Counterclaim V Defendants' Motion for Voluntary Dismissal of Counterclaim V (Doc. No. 39) and Request for Fees and Costs Under 28 U.S.C. § 1927 filed by Gene Neal, Kennieth Neal. (Attachments: # 1 Exhibit Attachment A, Declaration of Bradley P. Hartman, # 2 Text of Proposed Order)(Hartman, Bradley) (Entered: 05/19/2014)

2014-05-19

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First MOTION for Extension of Time to File Response/Reply as to 94 MOTION to Dismiss Counts/Claims : Counterclaim V Defendants' Motion for Voluntary Dismissal of Counterclaim V (Doc. No. 39), 105 Response to Motion DEFENDANTS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE A REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR VOLUNTARY DISMISSAL OF COUNTERCLAIM V AND REQUEST FOR FEES AND COSTS UNDER 28 U.S.C. § 1927 (FIRST REQUEST) by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 05/20/2014)

2014-05-20

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REPLY to Response to Motion re: 89 MOTION for Judgment on the Pleadings Defendants' Motion for Judgment on the Pleadings on Counts II and III of the First Amended Complaint (Doc. No. 34) Pursuant to Fed. R. Civ. P. 12(c) filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 05/20/2014)

2014-05-20

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ORDER that Defendants' 106 Motion for Extension of Time is granted. Defendants shall have until June 2, 2014, to docket a reply to Plaintiffs' 105 Response to Defendants' 94 Motion for Voluntary Dismissal of Counterclaim V and Request for Fees and Costs Under 28 U.S.C. § 1927. Signed by Magistrate Judge Mark E Aspey on 5/21/2014. (LFIG) (Entered: 05/21/2014)

2014-05-21

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REPLY to Response to Motion re: 88 First MOTION for Discovery Schedule Related to Plaintiffs' Pre-Filing Investigation filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 05/21/2014)

2014-05-21

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NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Kenneth Michael Motolenich-Salas. (Motolenich-Salas, Kenneth) (Entered: 05/27/2014)

2014-05-27

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ORDER re: 110 Notice - IT IS ORDERED that Mr. Dvoren and Ms. Sepura Fouts shall remain as counsel of record for Defendants/Counter-Claimants until such time as these counsel shall comply with the Local Rule regarding withdrawing from representation of Defendants/Counter-Claimants in this matter. (See document for full details). Signed by Magistrate Judge Mark E Aspey on 5/28/14. (LAD) (Entered: 05/28/2014)

2014-05-28

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MOTION to Withdraw as Attorney WEISS & MOY, P.C.'S MOTION TO WITHDRAW AS ATTORNEYS OF RECORD PURSUANT TO LOCAL RULE 83.3(b)(1) by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Exhibit 1 - Declaration of Vince Au, # 2 Text of Proposed Order)(Dvoren, Michael) (Entered: 06/02/2014)

2014-06-02

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ORDER granting 112 Motion to Withdraw as Attorney; Attorney Michael Benjamin Dvoren and Karen J Sepura Fouts terminated and attorney Kenneth M. Motolenich-Salas added for Defendants/Counterclaimants. Signed by Magistrate Judge Mark E Aspey on 6/2/14.(LSP) (Entered: 06/02/2014)

2014-06-02

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REPLY to Response to Motion re: 94 MOTION to Dismiss Counts/Claims : Counterclaim V Defendants' Motion for Voluntary Dismissal of Counterclaim V (Doc. No. 39) and RESPONSE to Plaintiffs' Motion for Sanctions Pursuant to 28 U.S.C. § 1927 filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 06/02/2014)

2014-06-02

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ORDER - This matter was reassigned on April 29, 2014, and on May 6, 2014. IT IS ORDERED that the motion at Doc. 48 seeking to amend the scheduling order is denied as moot. See Doc. 86 . Signed by Magistrate Judge Mark E Aspey on 6/5/14. (LAD) (Entered: 06/05/2014)

2014-06-05

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REPLY re: 105 Response to Motion for Fees and Costs Under 28 U.S.C. § 1927 by Counter Defendants Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 06/05/2014)

2014-06-05

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ORDER granting in part and denying in part 88 Motion for Discovery. IT IS ORDERED that discovery regarding pre-filing investigation and claim construction is stayed until such time as the claims stated in the First Amended Complaint are resolved on the merits. At that time, if it is warranted, the parties may seek a scheduling order from the Court with regard to discovery related to pre-filing investigation and claim construction. Any objections to the discovery may then be raised to the Court for determination. IT IS FURTHER ORDERED DENYING Defendants' request to impose the proposed scheduling order attached to Defendants' motion. (See document for further details). Signed by Magistrate Judge Mark E Aspey on 7/2/14. (LAD) (Entered: 07/03/2014)

2014-07-03

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STATUS REPORT Joint Case Status Report by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 07/21/2014)

2014-07-21

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ORDER granting 94 MOTION for Voluntary Dismissal of Counterclaim V (Doc. No. 39 ) and Counter Claim V in the pleading at Doc. 39 is dismissed with prejudice. (See document for full details). Signed by Magistrate Judge Mark E Aspey on 8/21/14. (LAD) (Entered: 08/22/2014)

2014-08-22

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ORDER - IT IS ORDERED that Magistrate Judge Mark E. Aspey recuses himself from this case, and that this case is reassigned by random selection to Magistrate Judge Michelle H. Burns for all further proceedings. IT IS FURTHER ORDERED that all future documents filed and/or served in this case shall be captioned with case number CV 13-00406 PHX MHB. Signed by Magistrate Judge Mark E Aspey on 8/22/14. (LAD) (Entered: 08/22/2014)

2014-08-22

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IT IS ORDERED setting a Status Hearing re: Motion for Judgment on the Pleadings (Doc. 89), Defendants' Opening Markman Brief (Doc. 64), Plaintiffs' Opening Markman Brief (Doc. 67) set for 10/20/2014 at 02:00 PM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHB, ec) (Entered: 10/15/2014)

2014-10-15

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MINUTE ENTRY for proceedings held before Magistrate Judge Michelle H Burns: Status Hearing re Defendant's Motion for Judgment on the Pleadings 89, Defendant's Opening Markman Brief 64 and Plaintiff's Opening Markman Brief 67 held on 10/20/2014. The Court and counsel discuss the pending motion, claims construction proceedings, and pending deadlines. The Court affirms the previous order setting case management deadlines. (Doc. 86 ). Markman Hearing set for 1/27/2015 at 10:00 AM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns. The disclosure of witnesses/experts the parties anticipate will testify at the hearing, shall be disclosed no later than 45-days prior to the hearing, along with any expert reports prepared by testifying witnesses. (Recorded by COURTSMART.) Hearing held 2:01 PM to 2:27 PM. (LAD) (Entered: 10/21/2014)

2014-10-20

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On the Court's own motion, IT IS ORDERED setting a Telephonic Conference for 12/5/2014 at 10:30 AM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHB, ec) (Entered: 12/02/2014)

2014-12-02

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MINUTE ENTRY for proceedings held before Magistrate Judge Michelle H Burns: Telephonic Status Conference held on 12/5/2014. The Court confirms the parties' agreement to allow the Court to decide the disputed patent claims construction on the parties Markman briefing (Docs. 64 - 67, 71 - 74 ). Defendants indicate no opposition to Plaintiff filing an expert declaration, responsive to Defendants' expert declaration (Doc. 73 ), which Plaintiffs agree to file with the Court by December 8, 2014. The Court affirms the Markman hearing, scheduled before this Court on January 27, 2014, and the parties agree that, should the hearing proceed, that its sole purpose would be for limited argument and the presentation of demonstrative exhibits that may aid the Court in determining claim construction, and that no witnesses would be called. The parties agree to confer on Plaintiffs' proposed demonstrative exhibit. (Recorded by COURTSMART.) Hearing held 10:32 AM to 10:44 AM.(LAD) (Entered: 12/08/2014)

2014-12-05

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NOTICE re: FILING DECLARATION OF DR. JAMES RICE IN REBUTTAL by Gene Neal, Kennieth Neal re: 73 Declaration OF DANIEL COWLEY REGARDING "ENGINE OIL SUPPLY OUTLET" CONSTRUCTION. (Hartman, Bradley) (Entered: 12/08/2014)

2014-12-08

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ORDER. IT IS ORDERED setting a Telephonic Status Conference for 1/23/2015 at 02:30 PM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHB, ec) (Entered: 01/22/2015)

2015-01-22

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MINUTE ENTRY for proceedings held before Magistrate Judge Michelle H Burns: Telephone Conference re Markman Hearing held on 1/23/2015. The court reviews additional parameters for the Markman Hearing scheduled before this Court on 1/27/2015. Discussion held. Court stands at recess. APPEARANCES: Telephonic appearance by Brad Hartman and John Titus for plaintiffs/counterdefendants Kenneth and Gene Neal. Telephonic appearance by Ken Motolenich-Salas for defendants/counterclaimants Vince Au amd Innovative Performance Research, LLC. (Recorded by COURTSMART.) Hearing held 2:30 PM to 2:52 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAL) (Entered: 01/23/2015)

2015-01-23

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NOTICE re: DEFENDANTS' MARKMAN HEARING EXHIBIT LIST by Vince Au, Innovative Performance Research LLC . (Motolenich-Salas, Kenneth) (Entered: 01/26/2015)

2015-01-26

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MINUTE ENTRY for proceedings held before Magistrate Judge Michelle H Burns: Markman Hearing held on 1/27/2015. The parties stipulate and motion the Court to admit Plaintiffs' Exhibit 1 and Defendants' Exhibit 2. Motion GRANTED. Plaintiffs present their closing statement. Defendants present their closing statement. The Court reviews with the parties the Patent claims they elected to address at the hearing and other issues. Matter is taken under advisement. (Court Reporter Laurie Adams.) Hearing held 10:04 AM to 11:29 AM, 11:41 AM-12:15 PM, 1:02 PM-1:59 PM, 2:12 PM -2:48 PM.(LAD) (Entered: 01/28/2015)

2015-01-27

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ORDER adopting construction as to as to the disputed terms in '917 and '512 patents. (See document for further details). Signed by Magistrate Judge Michelle H Burns on 2/9/15. (LAD) (Entered: 02/09/2015)

2015-02-09

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NOTICE re: of Unavailability of Counsel by Vince Au, Innovative Performance Research LLC . (Motolenich-Salas, Kenneth) (Entered: 02/20/2015)

2015-02-20

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MOTION for Reconsideration re: 130 Order on Two (2) Markman Claim Constructions by Gene Neal, Kennieth Neal. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) (Entered: 02/23/2015)

2015-02-23

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MOTION for Reconsideration re: 130 Order CLAIM CONSTRUCTION ORDER AS TO "OIL COOLING SYSTEM" by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 02/23/2015)

2015-02-23

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STIPULATION re: 86 Order on Motion to Amend/Correct Stipulated Motion to Amend Scheduling Order (Dkt. No. 86) Pursuant to Fed. R. Civ. P. 16(b)(4) (Third Request) by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 02/24/2015)

2015-02-24

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ORDER AMENDING SCHEDULING ORDER pursuant to 134 Stipulation - Discovery reset to 7/31/2015. Dispositive motions reset to 10/16/2015. (See document for full details). Signed by Magistrate Judge Michelle H Burns on 2/26/15. (LAD) (Entered: 02/27/2015)

2015-02-27

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 03/05/2015)

2015-03-05

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ORDER granting 89 Motion for Judgment on the Pleadings as to Counts II and III of the First Amended Complaint 34 . IT IS FURTHER ORDERED that Counts II and III of Plaintiffs' First Amended Complaint be dismissed. (See document for full details). Signed by Magistrate Judge Michelle H Burns on 3/18/15. (LAD) (Entered: 03/18/2015)

2015-03-18

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ORDER - IT IS THEREFORE ORDERED denying Defendants Vince Au and Innovative Performance Research, LLC's Motion for Reconsideration of Claim Construction Order as to "Oil Cooling System" (Doc. 133 ). (See document for full details). Signed by Magistrate Judge Michelle H Burns on 3/26/15.(LAD) (Entered: 03/26/2015)

2015-03-26

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ORDER - IT IS THEREFORE ORDERED that Defendants file their response to Plaintiffs' Motion for Reconsideration of Two Claim Constructions in Markman Order, (Doc. 132 ), onor before April 9, 2015, and that said response be limited to thirteen (13) pages. (See document for full details). Signed by Magistrate Judge Michelle H Burns on 3/26/15. (LAD) (Entered: 03/26/2015)

2015-03-26

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First MOTION for Extension of Time to File Response/Reply as to 139 Order, Set/Reset Motion and R&R Deadlines/Hearings from April 9, 2015 to April 14, 2015 by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 03/30/2015)

2015-03-30

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ORDER granting 140 Motion for Extension of Time to File Response. Defendants shall have through 4/14/2014 to respond to the Motion for Reconsideration. Signed by Magistrate Judge Michelle H Burns on 3/31/2015. (ACL) (Entered: 03/31/2015)

2015-03-31

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 04/02/2015)

2015-04-02

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Joint MOTION to Stay re: 135 Order on Stipulation, Scheduling Order STIPULATED MOTION TO STAY DISCOVERY DEADLINES PENDING RESOLUTION OF PLAINTIFFS' MOTION FOR RECONSIDERATION by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 04/08/2015)

2015-04-08

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ORDER granting 143 STIPULATED MOTION TO STAY DISCOVERY DEADLINES PENDING RESOLUTION OF PLAINTIFFS' MOTION FOR RECONSIDERATION. (See document for further details). Signed by Magistrate Judge Michelle H Burns on 4/10/15. (LAD) (Entered: 04/13/2015)

2015-04-13

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RESPONSE to Motion re: 132 MOTION for Reconsideration re: 130 Order on Two (2) Markman Claim Constructions filed by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Motolenich-Salas, Kenneth) (Entered: 04/14/2015)

2015-04-14

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NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 04/23/2015)

2015-04-23

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ORDER, denying Plaintiff's 132 Motion for Reconsideration of Two Claim Constructions in Markman Order 132 ; setting new case management deadlines as set forth in this order; Discovery due 9/29/15; Dispositive motions due 12/29/15 (see order for completed details). Signed by Magistrate Judge Michelle H Burns on 5/1/15.(REW) (Entered: 05/01/2015)

2015-05-01

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STIPULATION re: 39 Answer to Amended Complaint, Counterclaim STIPULATED MOTION TO DISMISS COUNTERCLAIMS II, III, AND IV PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41 by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 05/20/2015)

2015-05-20

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ORDER granting 148 Stipulation: Counterclaims II, III, & IV of Defendant's Answer (Doc. 39 ) are hereby dismissed with prejudice. Signed by Magistrate Judge Michelle H Burns on 5/22/15. (SJF) (Entered: 05/22/2015)

2015-05-22

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STIPULATION of Dismissal of All Remaining Claims and Counterclaims by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 06/03/2015)

2015-06-03

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ORDER pursuant to 150 Stipulation of Dismissal: This matter is dismissed with prejudice, each party to bear its own attorneys' fees and costs. Signed by Magistrate Judge Michelle H Burns on 6/4/15. (KGM) (Entered: 06/04/2015)

2015-06-04

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Overview

Parties

Defendant

Innovative Performance Research LLC Follow

Represented By

Vince Au Follow

Represented By

Plaintiff

Kennieth Neal Follow

Represented By

Gene Neal Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-7820769, filed by Gene Neal, Kennieth Neal (submitted by Bradley Hartman). (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 02/26/2013)

SUMMONS Submitted by Gene Neal, Kennieth Neal (submitted by Bradley Hartman). (REK) (Entered: 02/26/2013)

Summons Issued as to Vince Au. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/26/2013)

NOTICE of Filing - Copyright, Trademark or Patent Information filed by Gene Neal, Kennieth Neal. (Titus, John) (Entered: 03/12/2013)

WAIVER OF SERVICE Returned Executed by Gene Neal, Kennieth Neal. Vince Au waiver sent on 3/25/2013. (Titus, John) (Entered: 03/28/2013)

Defendant Vince Au dba Innovative Performance Research's ANSWER to 1 Complaint with Jury Demand, COUNTERCLAIM against Gene Neal, Kennieth Neal by Vince Au.(Motolenich-Salas, Kenneth) (Entered: 05/24/2013)

ANSWER to 9 Answer to Complaint, Counterclaim by Gene Neal, Kennieth Neal.(Hartman, Bradley) (Entered: 06/13/2013)

NOTICE re of Service of Discovery (Au's First Requests for Admission, Au's First Requests for Production, and Au's First Set of Interrogatories) by Vince Au . (Motolenich-Salas, Kenneth) (Entered: 06/26/2013)

NOTICE re Service of First Set of Discovery Requests by Plaintiffs on Defendant by Gene Neal, Kennieth Neal . (Titus, John) (Entered: 06/28/2013)

NOTICE of Filing - Copyright, Trademark or Patent Information filed by Gene Neal, Kennieth Neal. (Titus, John) (Entered: 07/08/2013)

STIPULATION FOR ENTRY OF PROTECTIVE ORDER by Vince Au. (Attachments: # 1 Proposed Protective Order)(Motolenich-Salas, Kenneth) (Entered: 07/11/2013)

NOTICE re Service of Vince Au d/b/a Innovatice Performance Research's Initial Disclosures by Vince Au . (Motolenich-Salas, Kenneth) (Entered: 07/12/2013)

NOTICE re Service of Plaintiffs' Initial Disclosure Statement by Gene Neal, Kennieth Neal . (Titus, John) (Entered: 07/12/2013)

PROTECTIVE ORDER. Signed by Judge John W Sedwick on 7/15/13. (JWS) (Entered: 07/15/2013)

REPORT of Rule 26(f) Planning Meeting by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 07/16/2013)

** AMENDED BY ORDERS 38, 86 and 135 ** SCHEDULING AND PLANNING ORDER: Discovery due by 5/16/2014. Dispositive motions due by 10/17/2014. (See document for further details). Signed by Judge John W Sedwick on 7/19/13. (LAD) Modified on 2/27/2015 (LAD). (Entered: 07/19/2013)

NOTICE re Service by Vince Au Defendant Vince Au d.b.a. Innovative Performance Research's Notice of Service of Discovery Responses. (Motolenich-Salas, Kenneth) (Entered: 07/29/2013)

NOTICE re SERVICE OF PLAINTIFFS DISCOVERY RESPONSES TO DEFENDANT by Gene Neal, Kennieth Neal . (Titus, John) (Entered: 07/30/2013)

NOTICE re PLAINTIFFS SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT by Gene Neal, Kennieth Neal . (Titus, John) (Entered: 07/30/2013)

NOTICE re Service of Discovery (Au's Second Requests for Admission, Au' Second Requests for Production, and Au's Second Set of Interrogatories) by Vince Au . (Motolenich-Salas, Kenneth) (Entered: 08/14/2013)

NOTICE of Service of Discovery filed by Vince Au. (Motolenich-Salas, Kenneth) (Entered: 09/03/2013)

NOTICE of Service of Discovery filed by Vince Au. (Motolenich-Salas, Kenneth) (Entered: 09/03/2013)

* NOTICE re service of amended discovery responses by Gene Neal, Kennieth Neal. (Titus, John) * Attorney noticed regarding new notice of discovery event on 9/9/2013 (LAD). (Entered: 09/09/2013)

NOTICE of Service of Discovery filed by Gene Neal, Kennieth Neal. (Titus, John) (Entered: 09/16/2013)

NOTICE of Service of Discovery filed by Vince Au. (Motolenich-Salas, Kenneth) (Entered: 09/18/2013)

NOTICE of Service of Discovery filed by Vince Au. (Motolenich-Salas, Kenneth) (Entered: 09/27/2013)

Consent MOTION to Amend/Correct Complaint by Gene Neal, Kennieth Neal. (Attachments: # 1 Exhibit Redline Proposed Amended Complaint, # 2 Text of Proposed Order)(Hartman, Bradley) (Entered: 10/04/2013)

** COUNTS II AND II DISMISSED PER ORDER 137 ** AMENDED COMPLAINT against All Defendants filed by Gene Neal, Kennieth Neal. (Attachments: # 1 Exhibit A-F)(Hartman, Bradley) Modified on 3/18/2015 (LAD). (Entered: 10/08/2013)

NOTICE of Filing - Copyright, Trademark or Patent Information filed by Gene Neal, Kennieth Neal. (Titus, John) (Entered: 10/09/2013)

MOTION to Amend/Correct 21 Scheduling Order Stipulated Motion to Amend Scheduling and Planning Order (Doc. No. 21) Pursuant to Fed. R. Civ. P. 16(b)(4) by Vince Au. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 10/18/2013)

** AMENDED BY ORDERS 86 and 135 ** ORDER granting the 37 Stipulated Motion to Amend Scheduling and Planning Order. Signed by Judge John W Sedwick on 10/21/2013. (See Order for details.)(LFIG) Modified on 2/27/2015 (LAD). (Entered: 10/21/2013)

NOTICE of Service of Discovery filed by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 11/01/2013)

NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 11/04/2013)

* NOTICE re Service of Discovery Responses by Gene Neal, Kennieth Neal. (Hartman, Bradley) * Attorney noticed regarding Notice of Service of Discovery event on 11/15/2013 (LAD). (Entered: 11/15/2013)

NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 11/15/2013)

MOTION to Strike 39 Answer to Amended Complaint, Counterclaim,, against Neal Technologies, Inc. by Gene Neal, Kennieth Neal. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) (Entered: 11/15/2013)

ORDER granting 46 Motion for Extension of Time to File Response re 45 MOTION to Strike 39 Answer to Amended Complaint, Counterclaim. Response due 12/6/13. Signed by Judge John W Sedwick on 12/3/13.(JWS) (Entered: 12/03/2013)

ORDER granting 50 Motion to Seal Exhibit 13 to the Declaration of Kenneth M. Motolenich-Salas in Support of Defendants' Response in Opposition to Plaintiffs' Motion to Strike. Signed by Judge John W Sedwick on 12/6/13.(MAP) (Entered: 12/09/2013)

Sealed Exhibit 13 to 49 Declaration of Kenneth Motolenich-Salas in Support of Defendants' Response to Plaintiffs' Motion to Strike filed by Vince Au, Innovative Performance Research LLC. (MAP) (Entered: 12/09/2013)

NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 12/10/2013)

REPLY to Response to Motion re 45 MOTION to Strike 39 Answer to Amended Complaint, Counterclaim,, against Neal Technologies, Inc. filed by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 12/13/2013)

NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 12/18/2013)

NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 12/19/2013)

RESPONSE in Opposition re 48 MOTION to Amend Scheduling Order filed by Gene Neal, Kennieth Neal. (Attachments: # 1 Exhibit A)(Hartman, Bradley) (Entered: 12/20/2013)

NOTICE of Service of Discovery filed by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 12/20/2013)

Second MOTION for Extension of Time for Markman Deadlines Stipulated Motion for Extension of Time for Markman Deadlines (Second Request) by Vince Au, Innovative Performance Research LLC. (Attachments: # 1 Text of Proposed Order)(Motolenich-Salas, Kenneth) (Entered: 01/08/2014)

MINUTE ORDER from Chambers granting 45 Motion to Strike 39 Counterclaim against Neal Technologies. The Counterclaims against Neal Technologies, Inc. are STRICKEN. The Clerk of Court will please remove Neal Technologies as a party to this case. (LAD) (Entered: 01/23/2014)

NOTICE of Service of Discovery filed by Gene Neal, Kennieth Neal. (Hartman, Bradley) (Entered: 02/04/2014)

DECLARATION of Vince Au in Support of Defendants' Opening Markman Brief re: 64 Brief - Opening by Defendants Vince Au, Innovative Performance Research LLC, Counter Claimants Vince Au, Innovative Performance Research LLC.. (Motolenich-Salas, Kenneth) (Entered: 02/07/2014)

OPENING BRIEF by Gene Neal, Kennieth Neal Plaintiffs' Opening Markman Brief.. (Attachments: # 1 Exhibit A-H)(Hartman, Bradley) (Entered: 02/07/2014)

OPENING BRIEF by Gene Neal, Kennieth Neal Plaintiffs' Opening Markman Brief.. (Attachments: # 1 Exhibit A-H)(Hartman, Bradley) (Entered: 02/07/2014)

NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 02/10/2014)

* NOTICE re: Proof of Service (Subpoena Duces Tecum to Los Angeles County Fire Department) by Vince Au, Innovative Performance Research LLC . (Motolenich-Salas, Kenneth) * Attorney noticed regarding filing of discovery on 2/11/2014 (LAD). (Entered: 02/10/2014)

NOTICE re: Unavailability by Vince Au, Innovative Performance Research LLC . (Motolenich-Salas, Kenneth) (Entered: 02/19/2014)

RESPONSE BRIEF by Vince Au, Innovative Performance Research LLC Defendants' Responsive Markman Brief. (Attachments: # 1 Appendix A)(Motolenich-Salas, Kenneth) (Entered: 03/14/2014)

RESPONSE BRIEF by Gene Neal, Kennieth Neal Plaintiffs' Responsive Markman Brief. (Attachments: # 1 Exhibit 1-4)(Hartman, Bradley) (Entered: 03/14/2014)

* SERVICE EXECUTED filed by Vince Au, Innovative Performance Research LLC: Proof of Service re: Subpoena Duces Tecum upon Neal Technologies, Inc. on 03/10/14. (Motolenich-Salas, Kenneth) * Attorney noticed regarding filing of discovery on 3/17/2014 (LAD). (Entered: 03/17/2014)

NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 03/18/2014)

NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 03/19/2014)

NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 03/20/2014)

OBJECTION to Subpoena Duces Tecum by Objector Neal Technologies. (Attachments: # 1 Exhibit A)(Armstrong, James) (Entered: 03/28/2014)

NOTICE of Appearance by Karen J Sepura Fouts on behalf of Vince Au, Innovative Performance Research LLC. (Fouts, Karen) (Entered: 03/31/2014)

SERVICE EXECUTED filed by Vince Au, Innovative Performance Research LLC: Proof of Service re: Subpoena to Testify at a Deposition and Notice of Deposition upon Ernie Ramirez (L.A. County Fire Dept.) on 04/02/14. (Motolenich-Salas, Kenneth) (Entered: 04/02/2014)

NOTICE of Service of Discovery filed by Vince Au, Innovative Performance Research LLC. (Motolenich-Salas, Kenneth) (Entered: 04/04/2014)

Innovative Performance Research LLC

Vince Au

Kennieth Neal

Gene Neal

AMENDED BY ORDERS 38, 86 and 135 SCHEDULING AND PLANNING ORDER: Discovery due by 5/16/2014. Dispositive motions due by 10/17/2014. (See document for further details). Signed by Judge John W Sedwick on 7/19/13. (LAD) Modified on 2/27/2015 (LAD). (Entered: 07/19/2013)

COUNTS II AND II DISMISSED PER ORDER 137 AMENDED COMPLAINT against All Defendants filed by Gene Neal, Kennieth Neal. (Attachments: # 1 Exhibit A-F)(Hartman, Bradley) Modified on 3/18/2015 (LAD). (Entered: 10/08/2013)

AMENDED BY ORDERS 86 and 135 ORDER granting the 37 Stipulated Motion to Amend Scheduling and Planning Order. Signed by Judge John W Sedwick on 10/21/2013. (See Order for details.)(LFIG) Modified on 2/27/2015 (LAD). (Entered: 10/21/2013)

AMENDED BY ORDER 135 ORDER Granting 85 Stipulated Motion to Amend Scheduling and Planning Order (Doc. 38 ) Pursuant to Fed.R.Civ.P.16(b)(4). Signed by Judge John W Sedwick on 4/21/2014. (See attached Order for details)(ALS) Modified on 2/27/2015 (LAD). (Entered: 04/21/2014)