Flowbee International, Inc. et al v. Google, Inc.

Filing 39

Case transferred in from District of Texas Southern; Case Number 2:09-cv-00199. Case File Electronically Transfered; transfer order and docket sheet received. Modified on 2/18/2010 (cjl, COURT STAFF).

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MEDIATION, Transferred_Out_District U.S. District Court SOUTHERN DISTRICT OF TEXAS (Corpus Christi) CIVIL DOCKET FOR CASE #: 2:09-cv-00199 Flowbee International, Inc. et al v. Google, Inc. DO NOT DOCKET - CASE HAS BEEN ELECTRONICALLY TRANSFERRED OUT Assigned to: Judge Janis Graham Jack Cause: 15:1125 Trademark Infringement (Lanham Act) Plaintiff Flowbee International, Inc. Date Filed: 08/13/2009 Jury Demand: Plaintiff Nature of Suit: 840 Trademark Jurisdiction: Federal Question represented by David Tarrant Bright Watts Guerra Craft LLP 500 North Water Street Ste 1200 Corpus Christi, TX 78471 361-887-0500 Fax: 361-887-0055 Email: dbright@wgclawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher V Goodpastor Watts Guerra et al 811 Barton Springs Road Ste 725 Austin, TX 78704 512-479-0500 Fax: 512-473-0328 Email: cgoodpastor@wgclawfirm.com ATTORNEY TO BE NOTICED Plaintiff Flowbee Haircutter Limited Partnership represented by David Tarrant Bright (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher V Goodpastor (See above for address) ATTORNEY TO BE NOTICED V. Defendant Google, Inc. represented by Margaret Caruso Quinn Emanuel et al 555 Twin Dolphin Dr Ste 560 Redwood Shores, CA 94065 650-801-5000 Fax: 650-801-5100 Email: margretcaruso@quinnemanuel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Carl C Butzer Jackson Walker LLP 901 Main St Ste 6000 Dallas, TX 75202 214-953-5902 Fax: 214-661-6609 Email: cbutzer@jw.com ATTORNEY TO BE NOTICED Charles L Babcock , IV Jackson Walker LLP 1401 McKinney Ste 1900 Houston, TX 77010 713-752-4210 Fax: 713-308-4110 Email: cbabcock@jw.com ATTORNEY TO BE NOTICED Date Filed 08/13/2009 # 1 Docket Text COMPLAINT against Google, Inc. (Filing fee $ 350 receipt number 05410000000005368054) filed by Flowbee International, Inc., Flowbee Haircutter Limited Partnership. (Attachments: # 1 Complaint Part 2 of 2, # 2 Civil Cover Sheet, # 3 Summons)(Bright, David) (Entered: 08/13/2009) Summons Issued as to Google, Inc., filed.(dterrell, ) (Entered: 08/13/2009) ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/23/2009 at 01:15 PM before Judge Janis Graham Jack. (Attachments: # 1 Standing Order) Parties notified.(dterrell, ) (Entered: 08/13/2009) First CERTIFICATE OF INTERESTED PARTIES by Flowbee International, Inc., Flowbee Haircutter Limited Partnership, filed.(Bright, David) (Entered: 08/28/2009) RETURN of Service of SUMMONS Executed as to Google, Inc. served on 8/25/2009, answer due 9/14/2009, filed.(Bright, David) (Entered: 09/02/2009) NOTICE of Appearance by Charles L. "Chip" Babcock on behalf of Google, Inc., filed. (Babcock, Charles) (Entered: 09/09/2009) CERTIFICATE OF INTERESTED PARTIES by Google, Inc., filed.(Babcock, Charles) (Entered: 09/09/2009) Amended CERTIFICATE OF INTERESTED PARTIES by Flowbee International, Inc., Flowbee Haircutter Limited Partnership, filed.(Bright, David) (Entered: 09/10/2009) 08/13/2009 08/13/2009 2 08/28/2009 3 09/02/2009 09/09/2009 09/09/2009 09/10/2009 4 5 6 7 09/10/2009 09/10/2009 09/11/2009 8 9 10 INITIAL DISCLOSURES by Flowbee International, Inc., Flowbee Haircutter Limited Partnership, filed.(Bright, David) (Entered: 09/10/2009) MOTION for Margaret M. Caruso to Appear Pro Hac Vice by Google, Inc., filed. Motion Docket Date 10/5/2009. (mserpa, ) (Entered: 09/11/2009) JOINT DISCOVERY/CASE MANAGEMENT PLAN by Flowbee International, Inc., Flowbee Haircutter Limited Partnership, filed.(Bright, David) (Entered: 09/11/2009) MOTION to Dismiss 1 Complaint, by Google, Inc., filed. Motion Docket Date 10/7/2009. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Part 1), # 3 Exhibit 2 (Part 2), # 4 Proposed Order)(Babcock, Charles) (Entered: 09/14/2009) ORDER granting 9 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(lrivera, ) (Entered: 09/15/2009) NOTICE of Appearance by Christopher Goodpastor on behalf of Flowbee International, Inc., Flowbee Haircutter Limited Partnership, filed. (Bright, David) (Entered: 09/17/2009) Unopposed MOTION for Margret M. Caruso to Appear as Attorney-In-Charge by Google, Inc., filed. Motion Docket Date 10/13/2009. (Attachments: # 1 Proposed Order)(Babcock, Charles) (Entered: 09/22/2009) INITIAL DISCLOSURES by Google, Inc., filed.(Babcock, Charles) (Entered: 09/22/2009) TRIAL BRIEF Plfs Initial Brief of Law by Flowbee International, Inc., Flowbee Haircutter Limited Partnership, filed.(Bright, David) (Entered: 09/23/2009) ORDER granting 14 Motion for Leave to Appear.(Signed by Judge Janis Graham Jack) Parties notified.(lcayce, ) (Entered: 09/23/2009) Minute Entry for proceedings held before Judge Janis Graham Jack. Initial PRETRIAL CONFERENCE held on 9/23/2009. Discussion regarding issues of the case. Court signs scheduling order and general order. Court refers parties to mediation. Appearances:Carl Butzer, David Tarrant Bright, Margaret Caruso.(Digital # 1:08-1:44)(ERO:v gano), filed.(sscotch, ) (Entered: 09/23/2009) GENERAL ORDER.(Signed by Judge Janis Graham Jack) Parties notified.(lrivera, ) (Entered: 09/24/2009) Order for Referral to Mediation..(Signed by Judge Janis Graham Jack) Parties notified.(lrivera, ) (Entered: 09/24/2009) SCHEDULING ORDER. Amended Pleadings due by 3/15/2009 Joinder of Parties due by 12/15/2009 Discovery due by 6/30/2010 Dispositive Motion Filing due by 6/15/2010 Joint Pretrial Order due by 8/20/2010 Pretrial Conference set for 9/1/2010 at 08:30 AM before Judge Janis Graham Jack Jury Selection set for 9/2/2010 at 08:00AM before Judge Janis Graham Jack Jury Trial set for 9/2/2010 at 08:00 AM before Judge Janis Graham Jack.(Signed by Judge Janis Graham Jack) Parties notified.(lrivera, ) (Entered: 09/24/2009) AO 435 TRANSCRIPT ORDER FORM by Carl Butzer. This is to order a transcript of held on 09/23/09 before Judge Janis Graham Jack Court Reporter/Transcriber: Molly Carter, filed. (lcayce, ) (Entered: 09/25/2009) 09/14/2009 11 09/14/2009 09/17/2009 12 13 09/22/2009 14 09/22/2009 09/23/2009 09/23/2009 09/23/2009 15 16 17 09/23/2009 09/23/2009 09/23/2009 18 19 20 09/24/2009 22 09/25/2009 21 TRANSCRIPT re: Initial Pretrial Conference held on 09/23/09 before Judge Janis Graham Jack. Court Reporter/Transcriber Molly Carter. Release of Transcript Restriction set for 12/24/2009., filed. (mocarter) (Entered: 09/25/2009) Notice of Filing of Official Transcript as to 21 Transcript. Party notified, filed. (vgano, ) (Entered: 09/29/2009) RESPONSE to 11 MOTION to Dismiss 1 Complaint,, filed by Flowbee International, Inc., Flowbee Haircutter Limited Partnership. (Attachments: # 1 Appendix 1, # 2 Attachment 2, # 3 Proposed Order)(Bright, David) (Entered: 10/02/2009) Amended INITIAL DISCLOSURES by Google, Inc., filed.(Caruso, Margaret) (Entered: 10/06/2009) MOTION for Leave to File Reply Brief to Its Pending Motion to Dismiss by Google, Inc., filed. Motion Docket Date 10/26/2009. (Attachments: # 1 Exhibit A - Reply Memorandum of Law, # 2 Caruso Declaration, # 3 Hagan Declaration, # 4 Proposed Order)(Caruso, Margaret) (Entered: 10/06/2009) NOTICE of Change of Address by David Bright, Watts Guerra Craft, LLP, counsel for Flowbee International, Inc., Flowbee Haircutter Limited Partnership, filed. (Bright, David) (Entered: 10/08/2009) CERTIFICATE of Conference re: 26 MOTION for Leave to File Reply Brief to Its Pending Motion to Dismiss by Google, Inc., filed.(Caruso, Margaret) (Entered: 10/08/2009) Unopposed MOTION for Oral Argument Relating to Its Pending Motion to Dismiss Hearing re: 26 MOTION for Leave to File Reply Brief to Its Pending Motion to Dismiss by Google, Inc., filed. Motion Docket Date 10/28/2009. (Attachments: # 1 Proposed Order)(Caruso, Margaret) (Entered: 10/08/2009) Unopposed MOTION for Leave to File Sur-Reply in Support of Response to Motion to Dismiss by Flowbee International, Inc., Flowbee Haircutter Limited Partnership, filed. Motion Docket Date 11/5/2009. (Attachments: # 1 Exhibit A)(Bright, David) (Entered: 10/16/2009) PROPOSED ORDER re: 30 Unopposed MOTION for Leave to File Sur-Reply in Support of Response to Motion to Dismiss, filed.(Bright, David) (Entered: 10/19/2009) ORDER granting 30 Motion for Leave to File Plaintiffs' Sur-Reply in Support of Response to Defendant Google, Inc.'s Motion to Dismiss Under Rule 12(b)(3).(Signed by Judge Janis Graham Jack) Parties notified.(srussell, ) (Entered: 10/20/2009) PLAINTIFFS' SUR-REPLY in Support of 24 Response to Defendant Google, Inc.'s Motion to Dismiss Under Rule 12(b)(3), filed by Flowbee International, Inc., Flowbee Haircutter Limited Partnership. (srussell, ) (Entered: 10/20/2009) ORDER granting 26 Motion for Leave to File Defendant Google Inc.'s Reply Brief in Support of Its Motion to Dismiss.(Signed by Judge Janis Graham Jack) Parties notified.(srussell, ) (Entered: 10/23/2009) Reply Memorandum of Law in Further Support re: 11 MOTION to Dismiss 1 Complaint, by Google, Inc., filed. (Attachments: # 1 Caruso Declaration, # 2 09/25/2009 10/02/2009 23 24 10/06/2009 10/06/2009 25 26 10/08/2009 27 10/08/2009 28 10/08/2009 29 10/16/2009 30 10/19/2009 31 10/19/2009 32 10/19/2009 33 10/22/2009 34 10/22/2009 35 Hagan Declaration)(srussell, ) (Entered: 10/23/2009) 11/05/2009 36 Mail Returned Undeliverable as to attorney Margaret Caruso re: 32 Order on Motion for Leave to File, filed. (Bar website reflects the same address) (dperez, ) (Entered: 11/06/2009) NOTICE of Setting as to 11 MOTION to Dismiss 1 Complaint,, 29 Unopposed MOTION for Oral Argument Relating to Its Pending Motion to Dismiss Hearing re: 26 MOTION for Leave to File Reply Brief to Its Pending Motion to DismissUnopposed MOTION for Oral Argument Relating to Its Pending Motion to Dismiss Hearing re: 26 MOTION for Leave to File Reply Brief to Its Pending Motion to Dismiss. Parties notified. Motion Hearing set for 1/11/2010 at 10:00 AM before Judge Janis Graham Jack, filed. (sscotch, ) (Entered: 12/17/2009) Minute Entry for proceedings held before Judge Janis Graham Jack. MOTION HEARING held on 1/11/2010 ; Motion-related deadline set re: 11 MOTION to Dismiss 1 Complaint,, 29 Unopposed MOTION for Oral Argument Relating to Its Pending Motion to Dismiss Hearing re: 26 MOTION for Leave to File Reply Brief to Its Pending Motion to DismissUnopposed MOTION for Oral Argument Relating to Its Pending Motion to Dismiss Hearing re: 26 MOTION for Leave to File Reply Brief to Its Pending Motion to Dismiss. Appearances: Christopher V Goodpastor, David Tarrant Bright, Margaret Caruso, Carl C Butzer.(Digital # 10:05-11:04)(ERO:v gao), filed.(sscotch, ) (Entered: 01/11/2010) ORDER Denying 11 Motion to Dismiss this case for improper venue; Granting alternative motion to transfer case to Northern District of California, San Jose Division.(Signed by Judge Janis Graham Jack) Parties notified.(srussell, ) (Entered: 02/08/2010) Interdistrict electronic transfer to Northern District of California, San Jose Division, filed. (srussell, ) (Entered: 02/08/2010) 12/17/2009 37 01/11/2010 02/08/2010 38 02/08/2010

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