Case Details

CourtDistrict of Oregon
Docket number3:16-cv-00334
Date case filed2016-02-23
Date case closed2017-08-08
Date of latest filing
Assigned toMagistrate Judge John Jelderks
Case cause28:2201 Declaratory Judgment
Nature of suit190 Contract: Other Contract Actions
Jury demandBoth
Demand
JurisdictionDiversity

Case Parties

Party: Quantum, Inc.
Party type: Counter Defendant
an Oregon corporation
Attorney name: Jon P. Stride
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven D. Olson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David A. Rabbino
Attorney Contact:
(See above for address)
TERMINATED: 07/29/2016
Party: Akeso Health Sciences, LLC
Party type: Counter Claimant
a California corporation
Attorney name: Staci Jennifer Riordan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Aaron M. Brian
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Akeso Health Sciences, LLC
Party type: Counter Claimant
a California corporation
Attorney name: Staci Jennifer Riordan
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Aaron M. Brian
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Quantum, Inc.
Party type: Counter Defendant
an Oregon corporation
Attorney name: Jon P. Stride
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven D. Olson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David A. Rabbino
Attorney Contact:
(See above for address)
TERMINATED: 07/29/2016

Attorney name: Sarah M. Einowski
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Akeso Health Sciences, LLC
Party type: Counter Claimant
a California corporation
Attorney name: Staci Jennifer Riordan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Aaron M. Brian
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Quantum, Inc.
Party type: Counter Defendant
an Oregon corporation
Attorney name: Jon P. Stride
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven D. Olson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David A. Rabbino
Attorney Contact:
(See above for address)
TERMINATED: 07/29/2016

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-02-23 Complaint. (Claim Under the Declaratory Judgment Act) Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4496677 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Quantum, Inc. against Akeso Health Sciences, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Proposed Summons). (Olson, Steven) (Entered: 02/23/2016)
22016-02-24 Notice of Case Assignment to Magistrate Judge John Jelderks and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/23/2016. Joint Alternate Dispute Resolution Report is due by 7/25/2016. Pretrial Order is due by 7/25/2016. Ordered by Magistrate Judge John Jelderks. (dsg) (Entered: 02/24/2016)
32016-02-24 Summons Issued Electronically as to Akeso Health Sciences, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (dsg) (Entered: 02/24/2016)
42016-02-24 Corporate Disclosure Statement . Filed by Quantum, Inc.. (Olson, Steven) (Entered: 02/24/2016)
52016-02-24 Amended Corporate Disclosure Statement . Filed by Quantum, Inc.. (Olson, Steven) (Entered: 02/24/2016)
62016-03-02 First Amended Complaint (Claim Under the Declaratory Judgment Act). Filed by Quantum, Inc. against Akeso Health Sciences, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6). (Olson, Steven) (Entered: 03/02/2016)
72016-03-31 Notice of Lawsuit and Request for Waiver of Service of Summons sent to Akeso Health Sciences, LLC on 03/03/2016 by Quantum, Inc.. Waiver of Service is due by 5/5/2016. Filed by Quantum, Inc.. (Olson, Steven) (Entered: 03/31/2016)
82016-03-31 Waiver of Service of Summons Returned Executed Filed by Quantum, Inc.. (Olson, Steven) (Entered: 03/31/2016)
92016-05-02 Motion for Leave to Appear Pro Hac Vice for Attorney Staci Jennifer Riordan . Filing fee in the amount of $300 collected; Receipt No.: 0979-4590557. Filed by Akeso Health Sciences, LLC. (Brian, Aaron) (Entered: 05/02/2016)
102016-05-02 Answer to 6 Amended Complaint, with Jury Demand Affirmative Defenses and, Counterclaim Quantum, Inc.. Filed by Akeso Health Sciences, LLC. (Attachments: # 1 Exhibit) (Brian, Aaron) (Entered: 05/02/2016)
112016-05-05 ORDER: Granting Application for Special Admission Pro Hac Vice of Staci Jennifer Riordan for Akeso Health Sciences, LLC.. Application Fee in amount of $300 collected. Receipt No. 0979-4590557 issued. Signed on 5/5/2016 by Magistrate Judge John Jelderks. (ecp) (Entered: 05/05/2016)
122016-05-05 Notification of CM/ECF Account for Attorney Staci Jennifer Riordan (Pro Hac Vice admission). Your login is: sjriordan. Go to the CM/ECF login page to set your password. (ecp) (Entered: 05/05/2016)
132016-05-10 Corporate Disclosure Statement . Filed by Akeso Health Sciences, LLC. (Brian, Aaron) (Entered: 05/10/2016)
142016-05-24 Answer to 10 Answer to Amended Complaint, Counterclaim with Jury Demand . Filed by Quantum, Inc.. (Rabbino, David) (Entered: 05/24/2016)
152016-05-26 Scheduling Order: Rule 16 Conference is set for 6/29/2016 at 10:30AM in Portland chambers 11A before Magistrate Judge John Jelderks. Local Rules 16-2(b) and 26-1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 05/26/2016)
162016-06-13 Joint Report Joint Rule 26(F) Scheduling Report. Filed by Quantum, Inc.. (Rabbino, David) (Entered: 06/13/2016)
172016-06-13 Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Quantum, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rabbino, David) (Entered: 06/13/2016)
182016-06-21 Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (dsg) (Entered: 06/22/2016)
192016-06-29 MINUTES of Proceedings: Rule 16 Conference Held. Magistrate Judge John Jelderks presiding.ORDER: Granting Joint Motion for Extension of Discovery & PTO Deadlines 17 . Mid-Discovery Status Report is due by 9/16/2016. Discovery is to be completed by 9/30/2016. Exchange of Expert Witness Statements must be completed by 10/14/2016. Expert Discovery to be completed by 11/18/2016. Dispositive Motions are due by 12/16/2016. Joint Alternate Dispute Resolution Report and Pretrial Order due 30 days after this court's ruling on dispositive motions, or by 12/16/16, whichever is later. Pretrial Conference is set for 3/20/2017 at 01:30PM in Portland Courtroom 11A before Magistrate Judge John Jelderks., 3-day Jury Trial is set for 3/21/2017 at 09:00AM in Portland Courtroom 11A before Magistrate Judge John Jelderks. David A Rabbino; Jon P. Stride present as counsel for plaintiff(s). Aaron M. Brian present as counsel for defendant(s). (cib) (Entered: 06/29/2016)
202016-06-29 Protective Order. Signed on 6/29/16 by Magistrate Judge John Jelderks. (cib) (Entered: 06/29/2016)
212016-07-29 Notice of Attorney Withdrawal: Filed by Quantum, Inc. (Rabbino, David) (Entered: 07/29/2016)
222016-08-25 Joint Motion for Leave for Both Parties to File Amended Pleadings. Filed by Akeso Health Sciences, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Brian, Aaron) (Attachment 3 replaced on 8/31/2016) (eo). (Entered: 08/25/2016)
232016-08-26 Joint Motion for Extension of Time re the Case Schedule. Filed by Quantum, Inc.. (Stride, Jon) (Entered: 08/26/2016)
242016-08-26 Amended Motion for Extension of Discovery & PTO Deadlines Joint Motion for Extension of the Case Schedule. Filed by Quantum, Inc.. (Stride, Jon) (Entered: 08/26/2016)
252016-08-30 ORDER: Granting Joint Motion for Leave for Both Parties to File Amended Pleadings 22 ; Granting Joint Motion for Extension of Discovery & PTO Deadlines 24 and Finding as Moot Motion for Extension of Time 23 per the filing of Amended Motion 24 . Mid Discovery Status Report is due by 10/21/2016. Discovery is to be completed by 11/18/2016. Disclosure of Expert Witnesses and Expert Reports must be completed by 12/2/2016. Expert Discovery to be completed by 1/20/2017. Dispositive Motions are due by 2/17/2017. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after this court's ruling on dispositive motions, or by 2/17/2017, whichever is later. Pretrial Conference, set for 3/20/2017, and Trial, set for 3/21/2017, are hereby STRICKEN and will be RESET for May 2017, specific dates to be determined. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 08/31/2016)
262016-08-31 Clerk's Notice of Docket Correction regarding 22 Motion for Leave. The PDF attached as Exhibit 3 to this entry at filing was incorrect. The PDF contained illegible pages. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. (eo) (Entered: 08/31/2016)
272016-08-31 Amended Counterclaim Against Quantum, Inc.. Filed by Akeso Health Sciences, LLC (Attachments: # 1 Exhibit). (Brian, Aaron) (Entered: 08/31/2016)
282016-09-01 Second Amended Complaint For Declaratory Relief and Trademark Infringement. Filed by Quantum, Inc. against Akeso Health Sciences, 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). (Stride, Jon) (Entered: 09/01/2016)
292016-09-19 Answer to 27 Counterclaim "Plaintiff/Counterclaim Defendant Quantum, Inc.'s Answer to Akeso Health Sciences, LLC's Affirmative Defenses and First Amended and Supplemental Counterclaim". Filed by Quantum, Inc.. (Stride, Jon) (Entered: 09/19/2016)
302016-09-19 Answer to 28 Amended Complaint, with Jury Demand . Filed by Akeso Health Sciences, LLC. (Attachments: # 1 Exhibit A) (Brian, Aaron) (Entered: 09/19/2016)
312016-09-20 Second Motion for Extension of Time "Second Joint Motion for Extension of the Case Schedule". Filed by Quantum, Inc.. (Stride, Jon) (Entered: 09/20/2016)
322016-09-22 ORDER: Granting Second Joint Motion for Extension of Time 31 . Mid-discovery Status Report is due by 12/16/2016. Discovery is to be completed by 12/19/2016. Exchange of Expert Witness Statements must be completed by 1/13/2017. Expert Discovery to be completed by 2/10/2017. Dispositive Motions are due by 2/24/2017. Joint Alternate Dispute Resolution Report and Pretrial Order are due 30 days after this court's ruling on dispositive motions, or by 4/21/2017, whichever is later. Pretrial Conference and Trial dates to be determined. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 09/22/2016)
332016-10-03 Motion to Quash and Issue a Protective Order re: Defendant/Counterclaimant Akeso Health Sciences, LLC's Subpoenas. Oral Argument requested.Expedited Hearing requested. Filed by Quantum, Inc.. (Stride, Jon) (Entered: 10/03/2016)
342016-10-03 Declaration of David Shaw in Support of Plaintiff/Counterclaim Defendant Quantum, Inc.'s Motion to Quash and Issue a Protective Order re: Defendant/Counterclaimant Akeso Health Sciences, LLC's Subpoenas. Filed by Quantum, Inc.. (Related document(s): Motion to Quash 33 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Stride, Jon) (Entered: 10/03/2016)
352016-10-03 Declaration of Jon P. Stride in Support of Plaintiff/Counterclaim Defendant Quantum, Inc.'s Motion to Quash and Issue a Protective Order re: Defendant/Counterclaimant Akeso Health Sciences, LLC's Subpoenas. Filed by Quantum, Inc.. (Related document(s): Motion to Quash 33 .) (Stride, Jon) (Entered: 10/03/2016)
362016-10-07 Scheduling Order: regarding Motion to Quash and Issue a Protective Order re: Defendant/Counterclaimant Akeso Health Sciences, LLC's Subpoenas 33 . Status Conference is set for 10/12/2016 at 02:00PM in Portland by telephone before Magistrate Judge John Jelderks. *The court will initiate calls to counsel. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 10/07/2016)
372016-10-07 AMENDED Scheduling Order: regarding Motion to Quash and Issue a Protective Order re: Defendant/Counterclaimant Akeso Health Sciences, LLC's Subpoenas 33 . Telephone Status Conference is set for 10/12/2016 at 2:00PM. NOTE: The parties are to to call in on the court's conference line. By separate entry, the parties will be notified of the call in information. Please be on the line a few minutes prior to the scheduled start time. (peg) (Entered: 10/07/2016)
382016-10-12 Response in Opposition to Motion to Quash and Issue a Protective Order re: Defendant/Counterclaimant Akeso Health Sciences, LLC's Subpoenas 33 . Filed by Akeso Health Sciences, LLC. (Attachments: # 1 Declaration in Support of Opposition, # 2 Exhibit to Declaration) (Brian, Aaron) (Entered: 10/12/2016)
392016-10-12 MINUTES of Proceedings Telephone Status Hearing and Oral Argument on Plaintiff's Motion to Quash. Plaintiff's Motion to Quash 33 is DENIED. FURTHER ORDERED: Any materials produced thus far in response to subpoenas shall be designated attorneys eyes only (AEO) and such documents will not be furnished to anyone at Akeso beyond those to whom they have already been furnished unless agreed to by Plaintiffs counsel. Counsel are directed to review those documents in an efficient manner and reach an agreement regarding re-designating them as confidential. Defendant shall provide clear and prominently written notification to any entity that has been issued a subpoena and has not yet responded and to any entity subpoenaed in the future that there is a protective order in place and that the subpoenaed entity may request that the material it submits be marked confidential or AEO. Regardless of whether requested by the subpoenaed party, all documents produced shall be considered confidential pursuant to the terms of the protective order and shall be designated AEO upon the request of either party. Jon Stride, Sarah Einowski present as counsel for plaintiff. Staci Riordan present as counsel for defendant. (Court Reporter Bonita Shumway.) Magistrate Judge John Jelderks presiding. (peg) (Entered: 10/13/2016)
402016-10-13 Notice of Appearance of Sarah M. Einowski appearing on behalf of Quantum, Inc. Filed by on behalf of Quantum, Inc. (Einowski, Sarah) (Entered: 10/13/2016)
412016-12-16 Joint Status Report Joint MId-Discovery Status Report. Filed by Quantum, Inc.. (Einowski, Sarah) (Entered: 12/16/2016)
422016-12-19 Motion to Compel Plaintiff/Counterclaim Defendant Quantum, Inc.'s Motion to Compel and Supporting Memorandum. Oral Argument requested. Filed by Quantum, Inc.. (Stride, Jon) (Entered: 12/19/2016)
432016-12-19 Declaration of Jon P. Stride in Support of Plaintiff/Counterclaim Defendant Quantum, Inc.'s Motion to Compel. Filed by Quantum, Inc.. (Related document(s): Motion to compel 42 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Stride, Jon) (Entered: 12/19/2016)
442016-12-19 Declaration of Sarah Einowski in Support of Plaintiff/Counterclaim Defendant Quantum, Inc.'s Motion to Compel. Filed by Quantum, Inc.. (Related document(s): Motion to compel 42 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Stride, Jon) (Entered: 12/19/2016)
452016-12-19 Declaration of Mark W. Kuga in Support of Plaintiff/Counterclaim Defendant Quantum, Inc.'s Motion to Compel. Filed by Quantum, Inc.. (Related document(s): Motion to compel 42 .) (Stride, Jon) (Entered: 12/19/2016)
462017-01-05 Response in Opposition to Motion to Compel Plaintiff/Counterclaim Defendant Quantum, Inc.'s Motion to Compel and Supporting Memorandum 42 Oral Argument requested. Filed by Akeso Health Sciences, LLC. (Attachments: # 1 Declaration of Aaron M. Brian in Support of Opposition, # 2 Exhibit to Declaration of Aaron M. Brian, # 3 Declaration of Curt Hendrix in Support of Opposition) (Brian, Aaron) (Entered: 01/05/2017)
472017-01-06 Notice re Response in Opposition to Motion, 46 Filed by Akeso Health Sciences, LLC (Related document(s): Response in Opposition to Motion, 46 .) (Attachments: # 1 Exhibit A to Notice of Errata) (Brian, Aaron) (Entered: 01/06/2017)
482017-01-11 Scheduling Order: Status Conference is set for 1/12/2017 at 02:00PM in Portland by telephone before Magistrate Judge John Jelderks. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. The court will join the conference at or shortly after the appointed time. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 01/11/2017)
492017-01-17 Scheduling Order: Status Conference is set for 1/18/2017 at 02:00PM in Portland by telephone before Magistrate Judge John Jelderks. The parties shall call into the court's conference line (the phone number previously provided via separate email) five minutes prior to the scheduled conference time. The court will join the conference at or shortly after the appointed time. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 01/17/2017)
502017-01-18 MINUTES of Proceedings: Telephonic Status Conference held on 1/18/2017 before Magistrate Judge John Jelderks. ORDER: Plaintiff's opening expert report is due 1/20/2017. Expert rebuttal reports due as required by the Federal Rules of Civil Procedure. Copies of opening and rebuttal expert reports are to be delivered to Judge Jelderks' chambers through the Clerk's Office, 1000 S.W. 3rd Avenue, Suite 740, Portland, Oregon 97204. Each party is to file a brief (no more than 10 pages) in CM/ECF regarding the appropriate time period for calculation of damages by 1/31/2017. The Court may require supplemental briefing on the appropriate measure of damages at a later date. Oral argument on Plaintiff's pending Motion to Compel 42 will be scheduled at a later date. Dispositive Motions are to be filed by 3/31/2017. Four-day Jury Trial is set to begin 6/6/2017 at 09:00 AM in Portland Courtroom 11A before Magistrate Judge John Jelderks. Other case deadlines remain unchanged. Jon P. Stride present as counsel for plaintiff. Staci Jennifer Riordan and Aaron M. Brian present as counsel for defendant. Tape No: FTR-9B. Magistrate Judge John Jelderks presiding. (gw) (Entered: 01/18/2017)
512017-01-31 Supplement Brief on Applicable Limitations Period. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Akeso Health Sciences, LLC. (Related document(s): Motion to compel 42 .) (Attachments: # 1 Declaration in Support of Supplemental Brief, # 2 Exhibit to Declaration) (Brian, Aaron) (Entered: 01/31/2017)
522017-01-31 Brief Plaintiff/Counterclaim Defendant Quantum, Inc.'s Legal Memorandum Re Time Period for Calculation of Damages. Filed by Quantum, Inc.. (Stride, Jon) (Entered: 01/31/2017)
532017-01-31 Declaration of David Shaw in Support of Plaintiff/Counterclaim Defendant Quantum, Inc.'s Legal Memorandum Re Time Period for Calculation of Damages. Filed by Quantum, Inc.. (Related document(s): Brief 52 .) (Attachments: # 1 Exhibit 1) (Stride, Jon) (Entered: 01/31/2017)
542017-03-15 SCHEDULING ORDER regarding Quantum, Inc.'s Motion to Compel 42 . Oral Argument is set for Monday, March 27, 2017 at 03:00 PM Pacific Daylight Time in Portland by telephone before Magistrate Judge John Jelderks. The parties shall call into the court's conference line (phone number to be provided via separate e-mail) five minutes before the scheduled hearing time. Ordered by Magistrate Judge John Jelderks. (gw) (Entered: 03/15/2017)
552017-03-27 MINUTES of Proceedings: Motion Hearing Held by telephone regarding Plaintiff/Counterclaim Defendant Quantum, Inc.'s Motion to Compel 42 on 3/27/2017. The Motion to Compel 42 is DENIED for the reasons stated on the record. Jon P. Stride and Sarah M. Einowski present as counsel for plaintiff. Staci Jennifer Riordan and Aaron M. Brian present as counsel for defendant. Court Reporter: Bonita Shumway, (503) 326-8188 or [email protected] Magistrate Judge John Jelderks presiding. (gw) (Entered: 03/27/2017)
562017-03-31 Motion for Summary Judgment and Memorandum in Support. Oral Argument requested. Filed by Quantum, Inc.. (Stride, Jon) (Entered: 03/31/2017)
572017-03-31 Declaration of David Shaw in Support of Plaintiff/Counterclaim Defendant Quantum, Inc.'s Motion for Summary Judgment. Filed by Quantum, Inc.. (Related document(s): Motion for Summary Judgment 56 .) (Attachments: # 1 Exhibit Exs. 1-16, # 2 Exhibit Exs. 17-25) (Stride, Jon) (Entered: 03/31/2017)
57.1 Exhibit Exs. 1-16
57.2 Exhibit Exs. 17-25
582017-03-31 Declaration of Jon P. Stride in Support of Plaintiff/Counterclaim Defendant Quantum, Inc.'s Motion for Summary Judgment. Filed by Quantum, Inc.. (Related document(s): Motion for Summary Judgment 56 .) (Attachments: # 1 Exhibit 1-6) (Stride, Jon) (Entered: 03/31/2017)
592017-04-18 Scheduling Order: regarding Motion for Summary Judgment and Memorandum in Support 56 . Oral Argument is set for 5/16/2017 at 10:30AM in Portland Courtroom 11A before Magistrate Judge John Jelderks. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 04/18/2017)
602017-04-20 Joint Motion for Extension of Time to Modify Summary Judgment Briefing Schedule By Two Days. Filed by Quantum, Inc.. (Stride, Jon) (Entered: 04/20/2017)
612017-04-21 Notice of Errata to Plaintiff/Counterclaim Defendant Quantum's Summary Judgment Motion and Memorandum and Exhibit 4 of Stride Declaration Filed by Quantum, Inc. (Attachments: # 1 Exhibit A) (Stride, Jon) (Entered: 04/21/2017)
622017-04-24 Memorandum in Opposition to Motion for Summary Judgment and Memorandum in Support 56 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Akeso Health Sciences, LLC(a California corporation). (Brian, Aaron) (Entered: 04/24/2017)
632017-04-24 Declaration of Aaron M. Brian in Support of Akeso Health Sciences, LLC's Opposition to Quantum, Inc.'s Motions for Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Akeso Health Sciences, LLC(a California corporation). (Related document(s): Memorandum in Opposition, 62 .) (Attachments: # 1 Exhibit 1-13, # 2 Exhibit 14-20, # 3 Exhibit 21-27, # 4 Exhibit 28-30) (Brian, Aaron) (Entered: 04/24/2017)
642017-04-24 Declaration of Curt Hendrix in Support of Akeso Health Sciences, LLC's Opposition to Quantum, Inc.'s Motions for Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Akeso Health Sciences, LLC(a California corporation). (Related document(s): Memorandum in Opposition, 62 .) (Attachments: # 1 Exhibit) (Brian, Aaron) (Entered: 04/24/2017)
652017-04-24 Declaration of Aaron J. Cohn in Support of Akeso Health Sciences, LLC's Opposition to Quantum, Inc.'s Motions for Summary Judgment. Filed by Akeso Health Sciences, LLC(a California corporation). (Related document(s): Memorandum in Opposition, 62 .) (Brian, Aaron) (Entered: 04/24/2017)
662017-04-24 Declaration of Deborah Spiroff in Support of Akeso Health Sciences, LLC's Opposition to Quantum, Inc.'s Motions for Summary Judgment. Filed by Akeso Health Sciences, LLC(a California corporation). (Related document(s): Memorandum in Opposition, 62 .) (Brian, Aaron) (Entered: 04/24/2017)
672017-04-24 Declaration of Brian Ryals in Support of Akeso Health Sciences, LLC's Opposition to Quantum, Inc.'s Motions for Summary Judgment. Filed by Akeso Health Sciences, LLC(a California corporation). (Related document(s): Memorandum in Opposition, 62 .) (Brian, Aaron) (Entered: 04/24/2017)
682017-04-24 Declaration of Jenny Bolger in Support of Akeso Health Sciences, LLC's Opposition to Quantum, Inc.'s Motions for Summary Judgment. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Akeso Health Sciences, LLC(a California corporation). (Related document(s): Memorandum in Opposition, 62 .) (Attachments: # 1 Exhibit) (Brian, Aaron) (Entered: 04/24/2017)
692017-04-25 ORDER: Granting Joint Motion for Extension of Time 60 . Akeso's response is due on Monday, April 24, 2017, which has been filed and will be considered timely. Quantum's reply is due on Tuesday, May 9, 2017. Oral Argument continues to be set for 5/16/2017 at 10:30 am. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 04/25/2017)
702017-04-25 Notice of Errata to Declaration of Aaron M. Brian in Support of Defendant's Opposition to Motion for Summary Judgment (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Akeso Health Sciences, LLC(a California corporation) (Attachments: # 1 Exhibit A) (Brian, Aaron) Modified on 4/25/2017. Document is restricted according to protective order. (eo) (Entered: 04/25/2017)
712017-04-25 Clerk's Notice of Docket Correction regarding # 70 Notice of Errata. The PDF attached to this entry at filing was inadvertently not restricted according to the protective order at filing. The document has been restricted to case participants at the request of the filer. (eo) (Entered: 04/25/2017)
722017-05-09 Supplemental Declaration of Aaron M. Brian in Support of Akeso Health Sciences, LLC's Opposition to Quantum, Inc.'s Motion for Summary Judgment. Filed by Akeso Health Sciences, LLC. (Related document(s): Memorandum in Opposition, 62 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Brian, Aaron) (Entered: 05/09/2017)
732017-05-09 Reply to Motion for Summary Judgment and Memorandum in Support 56 . Filed by Quantum, Inc.. (Stride, Jon) (Entered: 05/09/2017)
742017-05-09 Second Declaration of David Shaw . Filed by Quantum, Inc.. (Related document(s): Reply to Motion 73 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Stride, Jon) (Entered: 05/09/2017)
752017-05-09 Declaration of Jason Pellegrini . Filed by Quantum, Inc.. (Related document(s): Reply to Motion 73 .) (Stride, Jon) (Entered: 05/09/2017)
762017-05-09 Second Declaration of Jon P. Stride . Filed by Quantum, Inc.. (Related document(s): Reply to Motion 73 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Stride, Jon) (Entered: 05/09/2017)
772017-05-10 Notice of Appearance of Robyn R. Aoyagi appearing on behalf of Quantum, Inc. Filed by on behalf of Quantum, Inc. (Aoyagi, Robyn) (Entered: 05/10/2017)
782017-05-12 Declaration of Sarah Einowski . Filed by Quantum, Inc.. (Related document(s): Reply to Motion 73 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Stride, Jon) (Entered: 05/12/2017)
792017-05-12 Declaration of Aaron Ches . Filed by Quantum, Inc.. (Related document(s): Reply to Motion 73 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Stride, Jon) (Entered: 05/12/2017)
802017-05-14 Sur-Reply to Reply to Motion 73 . Filed by Akeso Health Sciences, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Brian, Aaron) (Entered: 05/14/2017)
812017-05-14 Supplemental Declaration of Aaron Brian Regarding Vitacost.com. Filed by Akeso Health Sciences, LLC. (Related document(s): Memorandum in Opposition, 62 .) (Brian, Aaron) (Entered: 05/14/2017)
822017-05-16 MINUTES of Proceedings: Motion Hearing Held before Magistrate Judge John Jelderks regarding Motion for Summary Judgment 56 . The Court made rulings, as stated on the record, concerning objections and motions the parties incorporated into their briefing on the motion for summary judgment. Motion for Summary Judgment 56 is taken under advisement as of 5/16/2017. ORDER - Setting a case schedule as follows: A Joint Pretrial Order is due no later than May 30, 2017; Exhibit and Witness lists, motions in limine, and proposed jury instructions are due no later than June 1, 2017. A Pretrial hearing is set for June 5, 2017 at 10:00AM in Portland, Courtroom 11A, and the 4-day Jury Trial remains as previously set for June 6, 2017 at 09:00AM in Portland, Courtroom 11A before Magistrate Judge John Jelderks. ORDER - Setting a telephone conference for Thursday, May 18, 2017 at 11:15AM before Magistrate Judge John Jelderks. The parties shall call into the court's conference line (phone number to be provided via separate email) five minutes prior to the scheduled conference time. The Court will join the conference call at or shortly after the appointed time. Jon P. Stride and Robyn R. Aoyagi present as counsel for plaintiff(s). Aaron M. Brian and Staci Jennifer Riordan present as counsel for defendant(s). Court Reporter: Nancy Walker. Magistrate Judge John Jelderks presiding. (pg) (Entered: 05/16/2017)
832017-05-18 MINUTES of Proceedings: Telephone Conference regarding Motion for Summary Judgment 56 held before Judge John Jelderks. ORDER - On Plaintiff Quantum's Motion for Summary Judgment: Motion 1 is GRANTED, Motion 2 is GRANTED, Motion 3 is GRANTED, Motion 4 is DENIED, Motion 5 is GRANTED, Motion 6 is DENIED, Motion 7 is DENIED, Motion 8 is DENIED and a six-year statute of limitations will be applied, Motion 9 is GRANTED. All other pending motions are DENIED. A written Opinion and Order will be issued by the end of the month. In order to simplify the trial and keep the jury focused, the trial will be bifurcated. The issues to be decided at the June 6, 2017 trial will be whether Akeso proves that the parties had an implied contract and, if so, the relevant terms. Specifically: 1) Whether Quantum breached an implied contract by making unauthorized sales and, if so, whether Akeso is entitled to money damages on that issue. 2) Whether Akeso proves that an implied contract entitles them to a transfer of the trademark and, if so, what, if any, compensation should be paid. Pursuant to the bifurcation, any and all still pending issues regarding possible trademark infringement will be reserved for a later date. The Court is contemplating reversing the usual order of trial and having Akeso put on its case first as the Court's ruling on Motion 1 does away with Quantum's initial burden of proving anything, leaving Akeso's counterclaims as the issues to be litigated. The Court will be preparing a proposed verdict form by the end of the month for the parties to review prior to the June 5, 2017 Pretrial Conference. Jon P. Stride, Steven D. Olson and Robyn R. Aoyagi present as counsel for plaintiff(s). Aaron M. Brian and Staci Jennifer Riordan present as counsel for defendant(s).(Court Reporter Nancy Walker.)Magistrate Judge John Jelderks presiding. (pg) (Entered: 05/18/2017)
842017-05-22 Scheduling Order: At the request of counsel, Status Conference is set for 5/22/2017 at 02:30PM in Portland by telephone before Magistrate Judge John Jelderks. *Conference call information will be provided by separate email. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 05/22/2017)
852017-05-22 MINUTES of Proceedings: Telephone Status Conference held before Magistrate Judge John Jelderks. Status of case discussed as stated on the record. The parties are to contact Courtroom Deputy Pamela Graham at (503) 326-8230 if there are questions or concerns, or if a further status conference needs to be set. Jon P. Stride, Robyn R. Aoyagi and Stephanie Grant present as counsel for plaintiff(s). Aaron M. Brian present as counsel for defendant(s). Court Reporter: Amanda Legore. Magistrate Judge John Jelderks presiding. (pg) (Entered: 05/22/2017)
862017-05-24 Motion to Include Trademark Cancellation Claims in Phase 2 Trial (EXPEDITED DECISION REQUESTED; TRIAL SET FOR JUNE 6, 2017). Filed by Quantum, Inc.. (Stride, Jon) (Entered: 05/24/2017)
872017-05-25 ORDER: Having reviewed the motion filed yesterday by counsel for Quantum # 86 , I find that Quantum's request is consistent with my oral order of May 18, 2017 # 83 . Input from Akeso is not necessary at this time and the motion is GRANTED. Therefore, the parties can proceed with the understanding that the trademark cancellation issues will be dealt with at Phase 2 of the proceedings. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 05/25/2017)
882017-05-25 Motion for Leave to File Second Amended and Supplemental Counterclaim. Filed by Akeso Health Sciences, LLC(a California corporation). (Brian, Aaron) (Entered: 05/25/2017)
892017-05-25 Declaration of Aaron M. Brian . Filed by Akeso Health Sciences, LLC(a California corporation). (Related document(s): Motion for Leave 88 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Brian, Aaron) (Entered: 05/25/2017)
902017-05-30 Response in Opposition : "Quantum, Inc.'s Opposition to Akeso's Motion For Leave to File Second Amended and Supplemental Counterclaim and The Amendment of its Promissory Estoppel Claim in The Joint Pretrial Order" (ORAL ARGUMENT REQUESTED; EXPEDITED HEARING REQUESTED) to Motion for Leave to File Second Amended and Supplemental Counterclaim 88 Oral Argument requested. Filed by Quantum, Inc.. (Stride, Jon) (Entered: 05/30/2017)
912017-05-30 Scheduling Order by Magistrate Judge John Jelderks. ORDER - At the request of the parties, a Telephone Conference to discuss issues related to the conduct of the trial is set for 5/31/2017 at 04:00PM before Magistrate Judge John Jelderks. *Conference call information will be provided by separate email. Ordered by Magistrate Judge John Jelderks. (pg) (Entered: 05/30/2017)
922017-05-30 Motion to Strike : "Plaintiff/Counterclaim Defendant Quantum, Inc.'s Motion to Strike Defendant/Counterclaimant Akeso Health Sciences, LLC's Jury Trial Demand For Implied Contract (Specific Performance) and Promissory Estoppel Claims" (EXPEDITED DECISION REQUESTED). Expedited Hearing requested. Filed by Quantum, Inc.. (Stride, Jon) (Entered: 05/30/2017)
932017-05-30 Joint Proposed Pretrial Order Lodged . Filed by Akeso Health Sciences, LLC(a California corporation). (Attachments: # 1 Exhibit, # 2 Exhibit) (Brian, Aaron) (Entered: 05/30/2017)
942017-05-31 Notice of Association of Attorney Jamison R. McCune,Jamison R. McCune,Richard A. Lee for Akeso Health Sciences, LLC,Jamison R. McCune,Richard A. Lee for Akeso Health Sciences, LLC. Filed by Akeso Health Sciences, LLC (McCune, Jamison) (Entered: 05/31/2017)
952017-05-31 MINUTES of Proceedings: Telephone Status Conference held before Magistrate Judge John Jelderks. Rulings made on the record. The Court will initiate a telephone conference on 6/1/2017 at 11:45AM to John Stride and Aaron Brian. Jon Stride, Steven Olson, Eric Beach, Robyn Aoyagi, Sarah Einowski present as counsel for plaintiff(s). Aaron Brian, Staci Riordan, Jamison McCune present as counsel for defendant(s). Court Reporter: Jill Jessup. (kms) (Entered: 06/01/2017)
962017-06-01 MINUTES of Proceedings: Telephone Status Conference held before Magistrate Judge John Jelderks. Status of case and Court rulings discussed as stated on the record. Jon P. Stride present as counsel for plaintiff(s). Aaron M. Brian present as counsel for defendant(s). Court Reporter: Jill Jessup. Magistrate Judge John Jelderks presiding. (pg) (Entered: 06/01/2017)
972017-06-01 Motion in limine No. 1 (Agreements and Promises Prior to Release). Filed by Quantum, Inc.. (Aoyagi, Robyn) (Entered: 06/01/2017)
982017-06-01 Motion in limine No. 2 (Continuation of 2002 Contract). Filed by Quantum, Inc.. (Aoyagi, Robyn) (Entered: 06/01/2017)
992017-06-01 Motion in limine No. 3 (Statute of Limitations/Laches). Filed by Quantum, Inc.. (Aoyagi, Robyn) (Entered: 06/01/2017)
1002017-06-01 Motion in limine No. 4 (Fraud, Bad Faith, or Willful Injury). Filed by Quantum, Inc.. (Aoyagi, Robyn) (Entered: 06/01/2017)
1012017-06-01 Motion in limine No. 5 (Efficacy and Safety of Migraine Formulas). Filed by Quantum, Inc.. (Aoyagi, Robyn) (Entered: 06/01/2017)
1022017-06-01 Motion in limine No. 6 (Contract Damages). Filed by Quantum, Inc.. (Aoyagi, Robyn) (Entered: 06/01/2017)
1032017-06-01 Motion in limine No. 7 (Current Ownership of MIGRELIEF Mark). Filed by Quantum, Inc.. (Aoyagi, Robyn) (Entered: 06/01/2017)
1042017-06-01 Motion in limine No. 8 (Exclude Witnesses). Filed by Quantum, Inc.. (Aoyagi, Robyn) (Entered: 06/01/2017)
1052017-06-01 Motion in limine No. 9 (Chiropractor's Buying Group). Filed by Quantum, Inc.. (Attachments: # 1 Exhibit A and B) (Aoyagi, Robyn) (Entered: 06/01/2017)
1062017-06-01 Proposed Jury Instructions . Filed by Quantum, Inc.. (Stride, Jon) (Entered: 06/01/2017)
1072017-06-01 Exhibit List . Filed by Akeso Health Sciences, LLC(a California corporation). (Brian, Aaron) (Entered: 06/01/2017)
1082017-06-01 Motion in limine . Filed by Akeso Health Sciences, LLC(a California corporation). (Brian, Aaron) (Entered: 06/01/2017)
1092017-06-01 Declaration of Aaron Brian in Support of Motions in Limine. Filed by Akeso Health Sciences, LLC(a California corporation). (Related document(s): Motion in Limine 108 .) (Attachments: # 1 Exhibit) (Brian, Aaron) (Entered: 06/01/2017)
1102017-06-01 Proposed Jury Instructions . Filed by Akeso Health Sciences, LLC(a California corporation). (Brian, Aaron) (Entered: 06/01/2017)
1112017-06-01 Expert Witness List . Filed by Akeso Health Sciences, LLC(a California corporation). (Brian, Aaron) (Entered: 06/01/2017)
1122017-06-01 Witness List and Expert Witness List (for Phase One of Trial). Filed by Quantum, Inc.. (Stride, Jon) (Entered: 06/01/2017)
1132017-06-01 Witness List and Statements. Filed by Akeso Health Sciences, LLC(a California corporation). (Brian, Aaron) (Entered: 06/01/2017)
1142017-06-01 Exhibit List . Filed by Quantum, Inc.. (Stride, Jon) (Entered: 06/01/2017)
1152017-06-01 Amended Proposed Jury Instructions . Filed by Quantum, Inc.. (Stride, Jon) (Entered: 06/01/2017)
1162017-06-01 Trial Memorandum . Filed by Quantum, Inc.. (Aoyagi, Robyn) (Entered: 06/01/2017)
1172017-06-02 Notice of Errata Re Akeso Health Sciences, LLC's Trial Exhibit List Filed by Akeso Health Sciences, LLC (Attachments: # 1 Exhibit A) (Brian, Aaron) (Entered: 06/02/2017)
1182017-06-02 Response in Opposition to Quantum Inc.'s Motions in Limine to Motion in limine No. 3 (Statute of Limitations/Laches) 99 , Motion in limine No. 4 (Fraud, Bad Faith, or Willful Injury) 100 , Motion in limine No. 6 (Contract Damages) 102 , Motion in limine No. 8 (Exclude Witnesses) 104 , Motion in limine No. 9 (Chiropractor's Buying Group) 105 , Motion in limine No. 7 (Current Ownership of MIGRELIEF Mark) 103 , Motion in limine No. 1 (Agreements and Promises Prior to Release) 97 , Motion in limine No. 2 (Continuation of 2002 Contract) 98 , Motion in limine No. 5 (Efficacy and Safety of Migraine Formulas) 101 . Filed by Akeso Health Sciences, LLC. (Brian, Aaron) (Entered: 06/02/2017)
1192017-06-02 Response in Opposition to Motion in limine 108 , Response in Opposition to Motion in limine 108 . Filed by Quantum, Inc.. (Stride, Jon) (Entered: 06/02/2017)
1202017-06-05 Supplemental Voir Dire . Filed by Quantum, Inc.. (Stride, Jon) (Entered: 06/05/2017)
1212017-06-05 Proposed Jury Verdict Form. Filed by Quantum, Inc.. (Stride, Jon) (Entered: 06/05/2017)
1222017-06-05 OPINION AND ORDER Quantum's motion for summary judgment (# 56 ) is DENIED in part at GRANTED in part. Signed on 6/5/2017 by Magistrate Judge John Jelderks. (jtj) (Entered: 06/05/2017)
1232017-06-05 Proposed Jury Instructions : "Quantum, Inc.'s Pretrial Instruction - Claims and Defenses". Filed by Quantum, Inc.. (Stride, Jon) (Entered: 06/05/2017)
1242017-06-06 Amended Exhibit List . Filed by Quantum, Inc.. (Stride, Jon) (Entered: 06/06/2017)
1252017-06-05 MINUTES of Proceedings: Final Pretrial Conference held before Magistrate Judge John Jelderks. Rulings made on the record. Motion in Limine 97 Granted in Part Denied in Part ; Motion in Limine 98 Granted ; Motion in Limine 99 Granted ; Motion in Limine 100 Granted as to fraud ; Motion in Limine 101 Granted ; Motion in Limine 102 Denied ; Motion in Limine 103 Granted ; Motion in Limine 104 Granted; Motion in Limine 105 Denied ; Motion in Limine 108 1. Granted, 2. Denied; Akeso Health Sciences, LLC withdraws Exhibits 88, 94, 95, 96, 97, and 98 but would like to revisit 94 and 95 on phase 2 of trial. Quantum, Inc. withdraws Exhibits 232, 255, 300, 302, 304 and 372-383. Akeso Health Sciences, LLC objects to 275 and 344-347. The Court overrules the objection and they will be received. All Exhibits were admitted. Trial to begin 6/6/2017 at 9:00am. Jon Stride, Steven Olson, Robyn Aoyagi, Sarah Einowski present as counsel for plaintiff(s). Staci Jennifer Riordan, Aaron Brian, Jamison McCune present as counsel for defendant(s).(Court Reporter Jill Jessup.) (kms) (Entered: 06/06/2017)
1262017-06-06 Notice of Appearance of Richard A. Lee appearing on behalf of Akeso Health Sciences, LLC(a California corporation) Filed by on behalf of Akeso Health Sciences, LLC(a California corporation) (Lee, Richard) (Entered: 06/06/2017)
1272017-06-06 Motion for Imposition of Sanctions Under FRCP 37(C)(2). Filed by Akeso Health Sciences, LLC. (Brian, Aaron) (Entered: 06/06/2017)
1282017-06-06 Declaration of Aaron M. Brian . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Akeso Health Sciences, LLC. (Related document(s): Motion for Imposition of Sanctions 127 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Brian, Aaron) (Entered: 06/06/2017)
1292017-06-06 MINUTES of Proceedings: Record of First Day of Jury Trial held before Magistrate Judge John Jelderks. Voir dire conducted. 10 Jurors sworn and impaneled. Jurors given preliminary instructions. Claimant's and Defendant's opening statements given. Judge and parties question juror #10 as to his ability to be fair and impartial as a juror. Juror #10 dismissed. Witness Curt Hendrix sworn, evidence adduced. (See list of witnesses and exhibits). ORDER - Jury Trial to continue on 6/7/2017 at 09:00AM in Portland Courtroom 11A before Magistrate Judge John Jelderks. Jon P. Stride, Steven D. Olson and Sarah Einowski present as counsel for defendant(s)(in this phase of trial). Aaron M. Brian and Staci Jennifer Riordan present as counsel for claimant(s)(in this phase of trial). Court Reporter: Jill Jessup. Magistrate Judge John Jelderks presiding. (pg) (Entered: 06/06/2017)
1302017-06-07 Brief Regarding Implied In Fact Contract. Filed by Akeso Health Sciences, LLC. (Brian, Aaron) (Entered: 06/07/2017)
1312017-06-07 Declaration of Aaron M. Brian in Support of Akeso Health Sciences, LLC's Pocket Brief Regarding Implied-In Fact Contract. Filed by Akeso Health Sciences, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Brian, Aaron) (Entered: 06/07/2017)
1322017-06-07 Motion to Exclude Witness Elizabeth Goodman. Expedited Hearing requested. Filed by Akeso Health Sciences, LLC(a California corporation). (McCune, Jamison) (Entered: 06/07/2017)
1332017-06-07 Declaration of Aaron M. Brian . Filed by Akeso Health Sciences, LLC(a California corporation). (Related document(s): Motion - Miscellaneous 132 .) (Attachments: # 1 Exhibit 1) (McCune, Jamison) (Entered: 06/07/2017)
1342017-06-07 Motion for Directed Verdict : Quantum, Inc.'s Motion for Judgment as a Matter of Law or, Alternatively, on the Merits (Claims re MIGRELIEF Mark). Filed by Quantum, Inc.. (Aoyagi, Robyn) (Entered: 06/07/2017)
1352017-06-07 MINUTES of Proceedings: Jury Trial - Day 2 - held before Magistrate Judge John Jelderks- Witnesses sworn and evidence adduced. (See Clerk's List of Exhibits and Witnesses). Claimant Akeso Health Sciences, LLC. rests. ORDER - Jury Trial to continue on 6/8/2017 at 09:00AM in Portland Courtroom 11A before Magistrate Judge John Jelderks with attorneys only. Jurors to return at 09:30AM. Jon P. Stride, Steven D. Olson and Sarah Einowski present as counsel for defendant(s)(in this phase of trial). Aaron M. Brian and Staci Jennifer Riordan present as counsel for claimant(s)(in this phase of trial). Court Reporter: Jill Jessup. Magistrate Judge John Jelderks presiding. (pg) (Entered: 06/07/2017)
1362017-06-08 Supplemental Proposed Jury Instructions (No. 42). Filed by Quantum, Inc.. (Stride, Jon) (Entered: 06/08/2017)
1372017-06-08 Trial Brief Pocket Brief Regarding Lost Profits. Filed by Akeso Health Sciences, LLC(a California corporation). (McCune, Jamison) (Entered: 06/08/2017)
1382017-06-08 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion hearing held on May 16, 2017 before Judge John Jelderks, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or e-mail [email protected] Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503-326-8186 or [email protected]) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/15/2017. Redaction Request due 6/29/2017. Redacted Transcript Deadline set for 7/10/2017. Release of Transcript Restriction set for 9/6/2017. (Walker, Nancy) (Entered: 06/08/2017)
1392017-06-08 MINUTES of Proceedings: Jury Trial - Day 3 - held before Magistrate Judge John Jelderks. Document 132 Motion to Exclude Witness Elizabeth Goodman is Granted. Document 134 Motion for Directed Verdict at the close of Claimant's case is Denied. Document 136 proposed jury instruction No. 42 is overruled. Witnesses sworn and evidence adduced. (See Clerk's List of Exhibits and Witnesses) Jury Trial to continue on 6/9/2017 at 09:00AM in Portland Courtroom 11A before Magistrate Judge John Jelderks with attorneys only. Jurors to return at 9:30AM. Jon P. Stride, Steven D. Olson and Sarah Einowski present as counsel for defendant(s)(in this phase of trial). Aaron M. Brian and Staci Jennifer Riordan present as counsel for claimant(s)(in this phase of trial). Court Reporter: Jill Jessup. (kms) (Entered: 06/08/2017)
1402017-06-09 MINUTES of Proceedings: Jury Trial - Day 4 - held before Magistrate Judge John Jelderks. Witnesses sworn and evidence adduced. Quantum rests. Akeso's and Quantum's motions for directed verdicts are denied. Jury instructions discussed and rulings made. The parties have until 4:00PM to propose changes to the instructions. ORDER - Jury Trial to continue on 6/12/2017 at 09:00AM in Portland Courtroom 11A before Magistrate Judge John Jelderks. Jon P. Stride, Steven D. Olson and Sarah Einowski present as counsel for defendant(s)(in this phase of trial). Aaron M. Brian and Staci Jennifer Riordan present as counsel for claimant(s)(in this phase of trial). Court Reporter: Jill Jessup. Magistrate Judge John Jelderks presiding. (pg) (Entered: 06/09/2017)
1412017-06-12 MINUTES of Proceedings: Jury Trial - Day 5 - completed before Magistrate Judge John Jelderks. Closing Arguments given. Jurors instructed as to the law. Bailiffs sworn. Jury retires to deliberate at 11:52AM. ORDER - Nine (9) juror lunches were provided by Big Town Hero. Verdict returned at 3:03PM, is read and received. Jury discharged and court is adjourned. (Verdict form and Clerks List of Witnesses and Exhibits filed separately). Jon P. Stride, Steven D. Olson and Sarah Einowski present as counsel for defendant(s)(in this phase of trial) Aaron M. Brian and Staci Jennifer Riordan present as counsel for claimant(s)(in this phase of trial). Court Reporter: Jill Jessup. Magistrate Judge John Jelderks presiding. (pg) (Entered: 06/12/2017)
1422017-06-12 Clerks List of Exhibits & Witnesses. (pg) (Entered: 06/12/2017)
1432017-06-12 Court's Instructions to the Jury. (pg) (Entered: 06/12/2017)
1442017-06-12 Jury Verdict Unredacted Version Filed Under Seal . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (pg) (Entered: 06/12/2017)
1452017-06-12 Jury Verdict. (pg) (Entered: 06/12/2017)
1462017-06-13 Scheduling Order: Telephone Status Conference is set for 6/20/2017 at 10:00AM in Portland by telephone before Magistrate Judge John Jelderks. *Conference call information will be provided by separate email. Ordered by Magistrate Judge John Jelderks. (jtj) (Entered: 06/13/2017)
1472017-06-16 Notice Letter to Judge Jelderks Filed by Quantum, Inc. (Stride, Jon) (Entered: 06/16/2017)
1482017-06-19 Notice re Scheduling, 146 Letter to Judge Jelderks Filed by Akeso Health Sciences, LLC(a California corporation) (Related document(s): Scheduling, 146 .) (Brian, Aaron) (Entered: 06/19/2017)
1492017-06-20 MINUTES of Proceedings: Telephone Status Conference held before Magistrate Judge John Jelderks. Additional Briefing is due by 6/28/2017. Status Conference is set for 7/11/2017 at 10:00AM in Portland Courtroom 11A before Magistrate Judge John Jelderks. Jon Stride, Steven Olson, Robyn Aoyagi, Sarah Einowski present as counsel for plaintiff(s). Aaron Brian, Staci Riordan present as counsel for defendant(s). Court Reporter: Jill Jessup. (kms) (Entered: 06/20/2017)
1502017-06-20 Response in Opposition to Motion for Imposition of Sanctions Under FRCP 37(C)(2) 127 . Filed by Quantum, Inc.. (Stride, Jon) (Entered: 06/20/2017)
1512017-06-28 Trial Brief "Quantum, Inc.'s POST-TRIAL Brief on Equitable Claims Tried to the Court". Filed by Quantum, Inc.. (Aoyagi, Robyn) (Entered: 06/28/2017)
1522017-06-28 Supplemental Trial Brief Post Trial Brief. Filed by Akeso Health Sciences, LLC(a California corporation). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Document) (Brian, Aaron) (Entered: 06/28/2017)
1532017-06-28 Proposed Findings of Fact on Count Nine of Akeso's Counterclaim. Filed by Akeso Health Sciences, LLC(a California corporation). (Brian, Aaron) (Entered: 06/28/2017)
1542017-06-28 Declaration of Curt Hendrix in Support of Akeso's Post Trial Brief. Filed by Akeso Health Sciences, LLC(a California corporation). (Related document(s): Trial Brief 152 .) (Brian, Aaron) (Entered: 06/28/2017)
1552017-07-05 Notice of Errata Filed by Akeso Health Sciences, LLC (Brian, Aaron) (Entered: 07/05/2017)
1562017-07-11 MINUTES of Proceedings: Status Conference held before Magistrate Judge John Jelderks. Draft Judgment discussed as stated on the record. Jon P. Stride (by phone), Steven D. Olson, Sarah M. Einowski and Robyn R. Aoyagi present as counsel for plaintiff(s). Aaron M. Brian and Staci Jennifer Riordan present as counsel for defendant(s). Court Reporter: Nancy Walker. Magistrate Judge John Jelderks presiding. (pg) (Entered: 07/11/2017)
1572017-07-12 Notice of Attorney Withdrawal: (Robyn Ridler Aoyagi) Filed by Quantum, Inc. (Stride, Jon) (Entered: 07/12/2017)
1582017-07-21 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Pretrial Conference held on June 5, 2017, before Judge John Jelderks, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at [email protected] Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at [email protected] or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/28/2017. Redaction Request due 8/11/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/19/2017. (jjcr) (Entered: 07/21/2017)
1592017-07-21 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial Day 1 held on June 6, 2017, before Judge John Jelderks, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at [email protected] Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at [email protected] or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/28/2017. Redaction Request due 8/11/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/19/2017. (jjcr) (Entered: 07/21/2017)
1602017-07-21 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial Day 2 held on June 7, 2017, before Judge John Jelderks, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at [email protected] Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at [email protected] or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/28/2017. Redaction Request due 8/11/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/19/2017. (jjcr) (Entered: 07/21/2017)
1612017-07-21 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial Day 3 held on June 8, 2017, before Judge John Jelderks, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at [email protected] Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at [email protected] or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/28/2017. Redaction Request due 8/11/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/19/2017. (jjcr) (Entered: 07/21/2017)
1622017-07-21 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial Day 4 held on June 9, 2017, before Judge John Jelderks, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at [email protected] Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at [email protected] or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/28/2017. Redaction Request due 8/11/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/19/2017. (jjcr) (Entered: 07/21/2017)
1632017-07-21 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Trial Day 5 held on June 12, 2017, before Judge John Jelderks, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at [email protected] Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at [email protected] or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/28/2017. Redaction Request due 8/11/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/19/2017. (jjcr) (Entered: 07/21/2017)
1642017-07-21 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Status Conference held on June 20, 2017, before Judge John Jelderks, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at [email protected] Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at [email protected] or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/28/2017. Redaction Request due 8/11/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/19/2017. (jjcr) (Entered: 07/21/2017)
1652017-07-24 Notice : Jon Stride's July 24, 2017 Letter to Judge Jelderks Filed by Quantum, Inc. (Stride, Jon) (Entered: 07/24/2017)
1662017-07-28 Notice : Jon Stride's July 28, 2017 Letter to Judge Jelderks (with Tabs 1-6) Filed by Quantum, Inc. (Attachments: # 1 Attachment Tab 1, # 2 Attachment Tab 2, # 3 Attachment Tab 3, # 4 Attachment Tab 4, # 5 Attachment Tab 5, # 6 Attachment Tab 6) (Stride, Jon) (Entered: 07/28/2017)
1672017-08-01 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Status Conference held on May 22, 2017 before Judge John Jelderks, Court Reporter Amanda LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/8/2017. Redaction Request due 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (LeGore, Amanda) (Entered: 08/01/2017)
1682017-08-02 FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND ORDER. Signed on 8/2/2017 by Magistrate Judge John Jelderks. (jtj) (Entered: 08/02/2017)
1692017-08-07 Notice : Jon Stride August 7, 2017 Letter to Judge Jelderks re: Form of Judgment Filed by Quantum, Inc. (Attachments: # 1 Attachment 1) (Stride, Jon) (Entered: 08/07/2017)
1702017-08-07 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Status Conference held on May 31, 2017, before Judge John Jelderks, Court Reporter Jill L. Jessup, telephone number (503)326-8191 - [email protected] Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 - [email protected] or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/14/2017. Redaction Request due 8/28/2017. Redacted Transcript Deadline set for 9/7/2017. Release of Transcript Restriction set for 11/6/2017. (jjcr) (Entered: 08/07/2017)
1712017-08-07 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Status Conference held on June 1, 2017, before Judge John Jelderks, Court Reporter Jill L. Jessup, telephone number (503)326-8191 - [email protected] Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 - [email protected] or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/14/2017. Redaction Request due 8/28/2017. Redacted Transcript Deadline set for 9/7/2017. Release of Transcript Restriction set for 11/6/2017. (jjcr) (Entered: 08/07/2017)
1722017-08-08 JUDGMENT. Signed on 8/8/2017 by Magistrate Judge John Jelderks. (pvh) (Entered: 08/08/2017)