Omni Innovations LLC et al v. Smartbargains.com LP et al
| Plaintiffs: | Omni Innovations LLC and James S Gordon, Jr |
|---|---|
| Defendants: | Smartbargains.com LP |
| Case Number: | 2:2006cv01129 |
| Filed: | August 9, 2006 |
| Court: | Washington Western District Court |
| Office: | Seattle Office [ Court Info ] |
| County: | King |
| Presiding Judge: | John C Coughenour |
| Nature of Suit: | Other Statutes - Commercial/ICC Rates/etc. |
| Cause: | 28:1331 Fed. Question |
| Jurisdiction: | Federal Question |
| Jury Demanded By: | Plaintiff |
Date Filed |
# |
Docket Text |
| August 9, 2006 | 1 | COMPLAINT -- JURY DEMAND against defendant(s) Alan R Goldstein, Jane Doe Goldstein, Smartbargains.com LP, John A Kerney, Jane Doe Kerney (Summons(es) not issued) (Receipt # SEA3164), filed by Omni Innovations LLC, James S Gordon, Jr. (Attachments: # 1 Civil Cover Sheet)(DJ) (Entered: August 14, 2006) |
| September 7, 2006 | 2 |
MINUTE ENTRY setting status conference:
The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-370-8805. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 12/5/2006 at 09:00 AM before John C Coughenour. (JM, ) (Entered: September 7, 2006) |
| September 7, 2006 | 3 | ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM, ) (Entered: September 7, 2006) |
| November 13, 2006 | 4 | AMENDED COMPLAINT against defendant(s) Smartbargains.com LP with JURY DEMAND, filed by Omni Innovations LLC, James S Gordon, Jr.(Nelsen, Eric) (Entered: November 13, 2006) |
| November 13, 2006 | 5 | AFFIDAVIT OF SERVICE by Plaintiffs Omni Innovations LLC, James S Gordon, Jr of First Amended Complaint and CR 4(d) waiver of service documents. (Nelsen, Eric) (Entered: November 13, 2006) |
| November 22, 2006 | 6 | NOTICE of Appearance by attorney Derek Alan Newman on behalf of Defendant Smartbargains.com LP (Newman, Derek) (Entered: November 22, 2006) |
| November 22, 2006 | 7 | STIPULATION AND PROPOSED ORDER RE INITIAL STATUS CONFERENCE by parties. (Attachments: # 1 Certificate of Service)(Newman, Derek) (Entered: November 22, 2006) |
| November 27, 2006 | 8 | MINUTE ORDER re-scheduling Status Conference re 7 Stipulation of the parties: Status Conference set for 1/23/2007 at 09:00 AM, by Judge John C Coughenour. (LT, ) (Entered: November 27, 2006) |
| December 14, 2006 | 9 | WAIVER OF SERVICE of summons upon defendant Smartbargains.com LP mailed on 11/13/2006 (Nelsen, Eric) (Entered: December 14, 2006) |
| January 18, 2007 | 10 | STIPULATION AND PROPOSED ORDER RE RESPONDING TO COMPLAINT by parties. (Attachments: # 1 Certificate of Service)(Newman, Derek) (Entered: January 18, 2007) |
| January 23, 2007 | 11 |
MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: JM; CR: Laurie Briggs; Counsel: Nelson/Newman; Called, counsel advises the Court of status. Court directs counsel to be guided by Local Civil
Rule 16 in completing discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date.
Jury instructions, if any, are to be filed with the Clerk and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy on plain white paper without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury. Counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. The Clerk should be contacted as the trial date approaches for further information regarding the calendar. Pretrial and trial schedule are set as follows: Jury Trial is set for 4/21/2008 at 09:30 AM before John C Coughenour. Pretrial Order due by 4/11/2008; Pleading amendment/3rd pty action due by 8/24/2007; 39.1 mediation to be completed by 1/11/2008; Trial briefs to be submitted by 4/17/2008; Proposed voir dire/jury instructions due by 4/17/2008; (JM, ) (Entered: 01/23/2007) |
| January 25, 2007 | 12 | STIPULATION AND ORDER by Judge John C Coughenour. Dft's ddl to file an answer to the complaint is extended to 1/26/07.(CL, ) (Entered: January 26, 2007) |
| January 26, 2007 | 13 | MOTION to Stay Pending a Final Judgment in a Related Case, or Dismiss CAN-SPAM Claims for Failure to State a Claim by Defendant Smartbargains.com LP. Noting Date 2/23/2007. (Attachments: # 1 Proposed Order)(Newman, Derek) (Entered: January 26, 2007) |
| February 16, 2007 | 14 | RESPONSE, by Plaintiffs Omni Innovations LLC, James S Gordon, Jr, to 13 MOTION to Stay Pending a Final Judgment in a Related Case, or Dismiss CAN-SPAM Claims for Failure to State a Claim. (Nelsen, Eric) (Entered: February 16, 2007) |
| February 22, 2007 | 15 | ANSWER to Amended Complaint by Defendant Smartbargains.com LP. (Attachments: # 1 Certificate of Service)(Townsend, Roger) (Entered: February 22, 2007) |
| February 23, 2007 | 16 | REPLY, filed by Defendant Smartbargains.com LP, TO RESPONSE to 13 MOTION to Stay Pending a Final Judgment in a Related Case, or Dismiss CAN-SPAM Claims for Failure to State a Claim (Attachments: # 1 Certificate of Service)(Townsend, Roger) (Entered: February 23, 2007) |
| April 17, 2007 | 17 | ORDER by Judge John C Coughenour. The Court GRANTS IN PART AND DENIES IN PART 13 Dft's Motion to Dismiss Pltfs' CAN-SPAM Claims or to Stay this Litigation.(CL, ) (Entered: April 17, 2007) |
| April 17, 2007 | Case Stayed as per Order, docket no. 17. (CL, ) (Entered: April 17, 2007) | |
| July 12, 2007 | 18 |
MINUTE ENTRY setting status conference:
The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-370-8805. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 8/7/2007 at 09:00 AM before John C Coughenour. (JM, ) (Entered: July 12, 2007) |
| July 13, 2007 | 19 | NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant Smartbargains.com LP. Randall Moeller is substituted as counsel for Defendant. Attorney Roger M Townsend terminated. (Attachments: # 1 Certificate of Service)(Moeller, Randall) (Entered: 07/13/2007) |
| August 7, 2007 | 20 |
MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: JM; CR: Zielie; Counsel: Nelsen/Newman; Called, counsel advises the Court of status. Court directs counsel to be guided by Local Civil Rule 16
in completing discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date.
Jury instructions, if any, are to be filed with the Clerk and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy on plain white paper without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury. Counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. The Clerk should be contacted as the trial date approaches for further information regarding the calendar. Pretrial and trial schedule are set as follows: Jury Trial is set for 11/17/2008 at 09:30 AM before John C Coughenour.,Pretrial Order due by 11/7/2008,Pleading amendment/3rd pty action due by 3/10/2008,39.1 mediation to be completed by 8/4/2008,Trial briefs to be submitted by 11/12/2008,Proposed voir dire/jury instructions due by 11/12/2008 (JM, ) (Entered: August 7, 2007) |
| September 13, 2007 | 21 | MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to Fed.R.Civ.P. 12(b)(6) by Defendant Smartbargains.com LP. (Attachments: # 1 Proposed Order # 2 Certificate of Service)Noting Date 10/5/2007.(Newman, Derek) (Entered: 09/13/2007) |
| October 1, 2007 | 22 | MOTION to Withdraw as Attorney by Plaintiffs Omni Innovations LLC, James S Gordon, Jr. (Attachments: # 1 Proposed Order)Noting Date 10/12/2007.(Nelsen, Eric) (Entered: October 1, 2007) |
| October 1, 2007 | 23 | RESPONSE, by Plaintiffs Omni Innovations LLC, James S Gordon, Jr, to 21 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to Fed.R.Civ.P. 12(b)(6). (Nelsen, Eric) Modified on 10/2/2007 (ECS, ). (Entered: October 1, 2007) |
| October 1, 2007 | 24 | DECLARATION of James S. Gordon Jr. filed by Plaintiff James S Gordon, Jr re 21 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to Fed.R.Civ.P. 12(b)(6) (Nelsen, Eric) Modified on 10/2/2007 (ECS, ). (Entered: October 1, 2007) |
| October 5, 2007 | 25 | REPLY, filed by Defendant Smartbargains.com LP, TO RESPONSE to 21 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to Fed.R.Civ.P. 12(b)(6) (Attachments: # 1 Certificate of Service)(Newman, Derek) Modified on 10/9/2007 (ECS, ). (Entered: 10/05/2007) |
| October 30, 2007 | 26 | ORDER by Judge John C Coughenour re Defendant's Motion to Dismiss (Dkt. No. 21). Accordingly, This case is hereby STAYED and REMOVED from the Court's active caseload, and the parties are directed to notify the Court in the event they wish the matter to be reopened. (TS, ) (Entered: October 31, 2007) |
| October 30, 2007 | 27 | MINUTE ORDER by Judge John C Coughenour. The Court hereby GRANTS, in full (Dkt. No. 22) Motion to Withdraw as Attorney as to Eric C. Nelson and Sayre Law Offices. Counsel is hereby DIRECTED to turn over Plaintiffs' documents and files to Plaintiffs or to the counsel of Plaintiffs' choice and facilitate the transition of the case to new counsel as required by the Rules of Professional Conduct. (TS, ) (Entered: October 31, 2007) |
| November 14, 2007 | 28 | RESPONSE by Defendant Smartbargains.com LP , TO PLAINTIFFS' MOTION FOR A CHANGE OF VENUE AND MODIFICATION OF ORDER TO STAY. (Attachments: # 1 Exhibit A -- Hearing on Plaintiff's Motions & Declaration for a Change of Venue and Modification of Order to Stay# 2 Proposed Order # 3 Certificate of Service)(Newman, Derek) (Entered: November 14, 2007) |
| November 15, 2007 | 29 | MINUTE ORDER by Judge John C Coughenour. Defendant's Response (Dkt. No. 28) is hereby STRICKEN.(TS, ) (Entered: November 15, 2007) |
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| Plaintiff: Omni Innovations LLC | |
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| Represented By: Eric Christopher Nelsen | |
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| Plaintiff: James S Gordon, Jr | |
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| Represented By: Eric Christopher Nelsen | |
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| Defendant: Smartbargains.com LP | |
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| Represented By: Derek Alan Newman, Randall Moeller | |
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