Therma LLC v. Hello Therma Inc. et al
| California Northern District Court | |
| Judge: | Jon S Tigar |
| Case #: | 4:23-cv-00729 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:44 Trademark Infringement |
| Case Filed: | Feb 17, 2023 |
| Last checked: Wednesday Aug 16, 2023 2:26 AM PDT |
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Defendant
Hello Therma Inc.
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Represented By
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Defendant
Manik Suri
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Represented By
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Plaintiff
Therma LLC
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Represented By
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| Docket last updated: 04/23/2025 11:59 PM PDT |
| Friday, August 18, 2023 | ||
| 37 | 37
oth_evt
Clerk's Notice
Fri 08/18 6:31 PM
ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to the Honorable P. Casey Pitts in the San Jose Division for all further proceedings. 1. All future filings shall bear the initials PCP immediately after the case number. 2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are VACATED . However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Pitts by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged. 5. All pretrial conference and trial dates currently set for after November 13, 2023 , and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before November 13, 2023 , are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice. 8. On or before September 11, 2023 , the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the [LINK:Standing Order for All Judges of the Northern District] . The approved form for such statements can be accessed [LINK:here] . A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. 9. Judge Pitts participates in the Cameras in the Courtroom Pilot Project; hearings and trials in civil cases are thus eligible for video recording upon request and with the consent of the parties and Judge Pitts. Please see the Court's [LINK:Pilot Project webpage] and [LINK:General Order 65] for more information. IT IS SO ORDERED. Dated: 08/18/2023 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecg, COURT STAFF) |
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| 36 | 36
adr
ADR Clerk's Notice Appointing Mediator
Fri 08/18 9:29 AM
ADR Clerk's Notice Appointing Marc Bernstein as Mediator. (af, COURT STAFF) |
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| Tuesday, August 01, 2023 | ||
| 35 | 35
utility
Case Referred to Mediation
Tue 08/01 12:31 PM
CASE REFERRED to Mediation. (mll, COURT STAFF) |
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| 34 | 34
order
Order
Tue 08/01 12:25 PM
ORDER Pursuant to the parties' joint proposal, ECF No. 33 , this case is hereby referred to Court-sponsored mediation. Signed by Judge Jon S. Tigar on August 1, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jstlc1, COURT STAFF) |
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| Tuesday, July 25, 2023 | ||
| 33 | 33
notice
Notice (Other)
Tue 07/25 3:16 PM
NOTICE by Therma LLC re 31 Case Management Conference - Initial,,,, Set Deadlines/Hearings,,, Joint Proposal Regarding Mediation (Moffett, Daniel) |
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| Tuesday, July 18, 2023 | ||
| 32 | 32
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 07/18 3:51 PM
SCHEDULING ORDER. Amended Pleadings due by 8/31/2023. Close of Expert Discovery due by 6/3/2024. Close of Fact Discovery due by 3/4/2024. Designation of Experts due by 4/3/2024. Proposed Pretrial Order due by 12/6/2024. Rebuttal Reports due by 5/3/2024. Motion Hearing set for 9/19/2024 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. Pretrial Conference set for 12/13/2024 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Jury Selection set for 1/6/2025 - 1/14/2025 08:00 AM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on July 18, 2023. (mll, COURT STAFF) |
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| 31 | 31
minutes
Case Management Conference - Initial ~Util - Set Deadlines/Hearings
Tue 07/18 2:15 PM
Minute Entry for proceedings held before Judge Jon S. Tigar: Initial Case Management Conference held on 7/18/2023. Hearing held via Zoom videoconference. Issues raised in case management statement discussed. Parties are ordered to meet and confer about, and make a joint proposal regarding, the form of mediation they wish to undertake. If the parties are unable to agree, they must submit competing proposals. In the latter event, the Court will endeavor to choose, in all respects, the single proposal it concludes is most reasonable. The Court sets a deadline for completion of mediation of October 20, 2023. Written scheduling order to issue. Joint or competing proposals due by 7/25/2023.Total Time in Court: 9 minutes. Court Reporter: N/A. Plaintiff Attorney: Daniel Moffett, William Foster. Defendant Attorney: Eric Ball, Sean Killeen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Date Filed: 7/18/2023) |
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| Wednesday, July 12, 2023 | ||
| 30 | 30
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Wed 07/12 4:34 PM
Rule 7.1 Disclosures by Hello Therma Inc., Manik Suri Certification of Interested Entities and Corporate Disclosure Statement (Ball, Eric) |
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| 29 | 29
misc
Case Management Statement
Wed 07/12 3:58 PM
CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Therma LLC. (Moffett, Daniel) |
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| Wednesday, July 05, 2023 | ||
| 28 | 28
adr
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
Wed 07/05 3:35 PM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ball, Eric) |
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| 27 | 27
adr
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
Wed 07/05 2:07 PM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Therma LLC (Moffett, Daniel) |
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| Wednesday, June 28, 2023 | ||
| 26 | 26
respoth
Answer to Amended Complaint
Wed 06/28 2:13 PM
Answer to Amended Complaint byHello Therma Inc., Manik Suri. (Ball, Eric) |
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| Wednesday, June 14, 2023 | ||
| 25 | 25
2
pgs
order
Order on Stipulation
Wed 06/14 9:46 AM
ORDER GRANTING STIPULATED REQUEST FOR EXTENSION OF TIME PURSUANT TO LOCAL RULE 6-2 by Judge Jon S. Tigar granting 24 Stipulation.(mll, COURT STAFF) |
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| Tuesday, June 13, 2023 | ||
| 24 | 24
motion
Stipulation and Proposed Order
Tue 06/13 12:12 PM
STIPULATION WITH PROPOSED ORDER re20 Order on Stipulation Stipulated Request for Extension of Time Pursuant to Local Rule 6-2 filed by Hello Therma Inc., Manik Suri.(Ball, Eric) |
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Att: 1
Declaration of Eric Ball in Support of the Parties Stipulated Request for Extension of Time,
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Att: 2
Proposed Order Order Granting Stipulated Request for Extension of Time Pursuant to Local Rule 6-2
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| Wednesday, June 07, 2023 | ||
| 23 | 23
30+
pgs
order
Order on Motion to Amend/Correct
Wed 06/07 9:55 AM
ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT by Judge Jon S. Tigar granting 22 Motion to Amend/Correct.(mll, COURT STAFF) |
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| Tuesday, June 06, 2023 | ||
| 22 | 22
motion
Amend/Correct
Tue 06/06 2:33 PM
MOTION to Amend/Correct styled as Plaintiff's Unopposed Motion for Leave to File a First Amended Complaint filed by Therma LLC. Responses due by 6/20/2023. Replies due by 6/27/2023.(Moffett, Daniel) |
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Att: 1
Declaration of Daniel L. Moffett In Support of Plaintiff's Unopposed Motion for Leave to File a First Amended Complaint,
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Att: 2
Proposed Order Granting Plaintiff's Unopposed Motion for Leave to File a First Amended Complaint
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| Thursday, April 13, 2023 | ||
| 21 | 21
oth_evt
Clerk's Notice Setting Zoom Hearing
Thu 04/13 10:11 AM
CLERKS NOTICE SETTING ZOOM HEARING. Case Management Statement due by 7/11/2023. Initial Case Management Conference set for 7/18/2023 02:00 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/jst] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than July 17, 2023 by 2:00 p.m. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . Case Management Statement due by 7/11/2023. Initial Case Management Conference set for 7/18/2023 02:00 PM in Oakland, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) |
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| 20 | 20
2
pgs
order
Order on Stipulation
Thu 04/13 10:09 AM
ORDER GRANTING STIPULATED REQUEST FOR EXTENSION OF TIME PURSUANT TO LOCAL RULE 6-2 by Judge Jon S. Tigar granting 19 Stipulation. Responses due by 6/8/2023.(mll, COURT STAFF) |
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| Tuesday, April 11, 2023 | ||
| 19 | 19
motion
Stipulation and Proposed Order
Tue 04/11 4:20 PM
STIPULATION WITH PROPOSED ORDER for Extension of Time Pursuant to Local Rule 6-2 filed by Hello Therma Inc., Manik Suri.(Ball, Eric) |
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Att: 1
Declaration,
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Att: 2
Proposed Order
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| Friday, February 24, 2023 | ||
| 18 | 18
notice
Notice of Appearance
Fri 02/24 3:49 PM
NOTICE of Appearance by Diana Buck (Buck, Diana) |
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| 17 | 17
notice
Notice of Appearance
Fri 02/24 3:46 PM
NOTICE of Appearance by Sean P. Killeen (Killeen, Sean) |
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| 16 | 16
notice
Notice of Appearance
Fri 02/24 3:43 PM
NOTICE of Appearance by Eric J. Ball (Ball, Eric) |
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| Wednesday, February 22, 2023 | ||
| 15 | 15
service
Waiver of Service Executed
Wed 02/22 10:20 AM
WAIVER OF SERVICE Returned Executed filed by Therma LLC. Service waived by Manik Suri waiver sent on 2/21/2023, answer due 4/24/2023. (Moffett, Daniel) |
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| 14 | 14
service
Waiver of Service Executed
Wed 02/22 10:19 AM
WAIVER OF SERVICE Returned Executed filed by Therma LLC. Service waived by Hello Therma Inc. waiver sent on 2/21/2023, answer due 4/24/2023. (Moffett, Daniel) |
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| Tuesday, February 21, 2023 | ||
| 13 | 13
2
pgs
order
Order on Motion for Pro Hac Vice
Tue 02/21 8:52 AM
Order by Judge Jon S. Tigar granting 10 Motion for Pro Hac Vice as to George Rosbrook.(mll, COURT STAFF) |
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| 12 | 12
2
pgs
order
Order on Motion for Pro Hac Vice
Tue 02/21 8:51 AM
Order by Judge Jon S. Tigar granting 7 Motion for Pro Hac Vice as to Daniel Moffett.(mll, COURT STAFF) |
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| Friday, February 17, 2023 | ||
| 11 | 11
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Fri 02/17 3:53 PM
Certificate of Interested Entities by Therma LLC identifying Corporate Parent Therma Intermediate LLC, Corporate Parent Legence Holdings LLC, Corporate Parent Legence Holdings LLC, Corporate Parent Legence Parent, LLC, Other Affiliate Therma LLC for Therma LLC. (Foster, William) |
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| 10 | 10
motion
Pro Hac Vice
Fri 02/17 3:06 PM
MOTION for leave to appear in Pro Hac Vice Application for Admission of Attorney Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18002490.) filed by Therma LLC. (Rosbrook, George) |
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| 9 | 9
service
Summons Issued
Fri 02/17 3:06 PM
Summons Issued as to Hello Therma Inc., Manik Suri.(mcl, COURT STAFF) |
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Att: 1
Manik Suri
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| 8 | 8
order
Initial Case Management Scheduling Order with ADR Deadlines
Fri 02/17 3:01 PM
Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 5/16/2023. Initial Case Management Conference set for 5/23/2023 02:00 PM.(mcl, COURT STAFF) |
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Att: 1
Notice of Eligibility for Video Recording
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| 7 | 7
motion
Pro Hac Vice
Fri 02/17 2:55 PM
MOTION for leave to appear in Pro Hac Vice Application for Admission of Attorney Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18002375.) filed by Therma LLC. (Moffett, Daniel) |
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| 6 | 6
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Fri 02/17 2:39 PM
Corporate Disclosure Statement by Therma LLC identifying Corporate Parent Therma LLC for Therma LLC. Certification of Interested Entities or Persons and Corporate Disclosure Statement (Foster, William) |
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| 5 | 5
misc
Patent/Trademark Report
Fri 02/17 2:26 PM
REPORT on the filing or determination of an action regarding a Patent or Trademark (cc: form mailed to register). (Foster, William) |
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| 4 | 4
misc
Proposed Summons
Fri 02/17 2:23 PM
Proposed Summons. (Foster, William) |
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| 3 | 3
utility
~Util - Case Assigned by Intake
Fri 02/17 2:22 PM
Case assigned to Judge Jon S. Tigar. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) |
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| 2 | 2
misc
Proposed Summons
Fri 02/17 2:21 PM
Proposed Summons. (Foster, William) |
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| 1 | 1
24
pgs
cmp
Complaint
Fri 02/17 2:11 PM
COMPLAINT and Request for Permanent Injunctive Relief against All Defendants ( Filing fee $ 402, receipt number ACANDC-18002014.). Filed byTherma LLC.(Foster, William) |
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Att: 1
Civil Cover Sheet
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utility
Electronic Filing Error
Fri 02/17 3:13 PM
[LINK:Electronic filing error] . Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, do not bypass the screen , enter all affiliates or corporate parents. Do not add the party itself as corporate parent.This filing will not be processed by the clerks office. Re:6 Certificate of Interested Entities filed by Therma LLC. (mcl, COURT STAFF) |
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