Case Details

Court Central District of California
Docket number 2:93-cv-06007
Date case filed 1993-10-05
Date case closed 1994-11-16
Date of latest filing
Assigned to Judge Harry L. Hupp
Case cause 15:1126 Patent Infringement
Nature of suit 830 Patent
Jury demand Defendant
Demand
Jurisdiction Federal Question

Case Parties

Party: Sunburst Products, Inc.
Party type: Plaintiff
doing business asFreestyle U.S.A., a California corp
Attorney name: Erin McKeown Joyce
Attorney Contact:
Sedgwick Detert Moran & Arnold
801 S Figueroa St, 18th Fl
Los Angeles, CA 90017-5556
213-426-6900
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Surjit P Soni
Attorney Contact:
The Soni Law Firm
116 South Euclid Avenue
Pasadena, CA 91101
626-683-7600
Fax: 626-683-1199
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Cyrk International
Party type: Defendant
a corporation organized under the laws of an unknown state
Attorney name: Edward R Schwartz
Attorney Contact:
Christie Parker and Hale LLP
655 North Central Avenue Suite 2300
Glendale, CA 91209-1445
626-795-9900
Fax: 626-577-8800
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Prosperous Enterprise (Taiwan Ltd.,)
Party type: Defendant
a business entity of unknown forum
Party: Ever Win Bags Co. Ltd.,
Party type: Defendant
a business entity of unknown forum;
Party: Glorrieux Industrial Ltd.
Party type: Defendant
a business entity of unknown forum

Case Docket

Docket
Item
Date Filed Document
Available
Short
Description
Long Description
1 1993-10-05 COMPLAINT (Summons(es) issued) Demand for J/T (ca) (Entered: 10/06/1993)
2 1993-10-18 proof of service of S/C executed upon defendant Cyrk International on 10/9/93, person svd Jack Freele, agent authorized to accept process, svd by personal svc. (bp) (Entered: 10/21/1993)
3 1993-10-28 STIPULATION and ORDER Tht dft shall have to & including 11/13/93, to ans or otherwise resp to the cmp. by Judge Dickran Tevrizian (bp) (Entered: 10/29/1993)
4 1993-11-15 ANSWER by defendant Cyrk International to [1-1] (lisp) (Entered: 11/18/1993)
5 1993-11-29 MINUTES: ; mandatory status conference set on 10:00 12/27/93 by Judge Dickran Tevrizian CR: none (cc: all counsel) (lisp) (Entered: 12/03/1993)
6 1993-12-06 NOTICE OF MOTION AND MOTION by defendant Cyrk International to stay ; motion hearing set for 10:00 1/10/94 (bp) (Entered: 12/07/1993)
7 1993-12-06 MEMORANDUM by defendant Cyrk International in support of motion to stay [6-1] (bp) (Entered: 12/09/1993)
8 1993-12-07 NOTICE by plaintiff Sunburst Prod Inc of related case(s) L/N CV93-2192 HLH (SHx). (et) (Entered: 12/09/1993)
9 1993-12-09 RESPONSE to notc of related case by defendant Cyrk International to [8-1] (bp) (Entered: 12/14/1993)
10 1993-12-09 NOTICE OF WITHDRAWAL by defendant Cyrk International withdrawing motion to stay [6-1] (bp) (Entered: 12/14/1993)
11 1993-12-15 ORDER RE TRANSFER PUR TO G.O. 224 (Related Case) by Judge Dickran Tevrizian Case reassigned to Judge Harry L. Hupp for all further proceedings , Case referred to Mag Judge Stephen J. Hillman for discovery (L/N CV93-2192 HLH (SHx)) (cc: all counsel) (et) (Entered: 12/15/1993)
12 1993-12-17 JOINT STATUS REPORT by plaintiff Sunburst Prod Inc, defendant Cyrk International (bp) (Entered: 12/28/1993)
13 1993-12-17 MINUTES:this case has been low numbered to these numbers frm Judge Tevrizian. Currently, the case is on cal for a MSC on 12/27/93. To accommodate this chamber's sched, the MSC is cont'd frm 12/27/93 to ; mandatory status conference set on 8:30 1/10/93 by Judge Harry L. Hupp CR: none (bp) (Entered: 12/28/1993)
14 1993-12-21 MSC STATEMENT **FILED UNDER SEAL** by plaintiff Sunburst Prod Inc (bp) (Entered: 01/10/1994)
15 1994-01-10 MINUTES: ; mandatory status conference held ; pretrial conference on 1:30 6/3/94 ; trial set on in the month of July discovery cutoff 5/1/94; trial estimate 4-days by Judge Harry L. Hupp CR: none (bp) (Entered: 01/13/1994)
16 1994-01-10 ORDER establishing a discovery cutoff dt of 5/1/94; setting the PTC for 6/3/94, at 1:30 pm. setting July 94 as the month during which the trial will commence by Judge Harry L. Hupp (bp) (Entered: 01/13/1994)
17 1994-01-14 STIPULATION and ORDER Th any & all docs or information exchanged between the parties at the early meeting of cnsl purs to L.R. 6 will be produced purs to the prop protective ord as agreed to between the parties & submitted concurrently to the crt herewith. by Judge Harry L. Hupp (bp) (Entered: 01/18/1994)
18 1994-01-14 STIPULATION and ORDER; Confidentiality ORD; Non-disclosure of stamped confidential docs. Except with the prior written consent of the party or other person originally designating a doc to be stamped as a confidential doc, or as hereafter provided under this ord, no stamped confidential doc may be disclosed to any person. please see lengthy doc for fur details by Judge Harry L. Hupp (bp) (Entered: 01/18/1994)
19 1994-01-20 EARLY MEETING OF COUNSEL REPORT purs to LR. 6.2 Length of trial 4-days days (bp) (Entered: 01/24/1994)
20 1994-01-28 REMARK: Dft Cyrk International's withdrawal of its affirmative defenses of lack of personal jurisdiction & improper venue (bp) (Entered: 01/31/1994)
21 1994-02-28 OPPOSITION to pla's mot to amd cmp & for ancillary relief frm protective ord by defendant Cyrk International (bp) (Entered: 03/02/1994)
22 1994-02-28 DECLARATION of Edward R. Schwartz by defendant Cyrk International (bp) (Entered: 03/02/1994)
23 1994-02-14 NOTICE OF MOTION AND MOTION by plaintiff Sunburst Prod Inc to amend cmp & for ancillary relief frm protective ord; memo of p's & a's & decl of Howard L. Hoffenberg. ; motion hearing set for 10:00 3/14/94 [filed under seal] (bp) (Entered: 03/04/1994)
24 1994-03-07 REPLY brief in support of mot to amd cmp by plaintiff Sunburst Prod Inc re [23-1] (bp) (Entered: 03/08/1994)
25 1994-03-14 MINUTES: granting motion to amend cmp [23-1] The FAC is ORD unsealed. The FAC is ord fld forthwith. It is not too late to join the manufacturers. No prejudice appears to the existing dft. However, pla is urged to srv the summons & FAC cmp personally & forthwith on the new dft's to avoid any unnecessary delay. There is no point in sealing the cmp. The trade secret claim is marginal & has little strength compared to the interests of the public to know who the parties are in litigation by Judge Harry L. Hupp CR: C. Mizell (bp) (Entered: 03/16/1994)
26 1994-03-16 AMENDED COMPLAINT [1-1] by plaintiff Sunburst Prod Inc; adding Prosperous Enterpris, Ever Win Bags Co. Lt, Glorieux Industrial; jury demand; summons issued (bp) (Entered: 03/17/1994)
27 1994-04-12 EX PARTE APPLICATION for issu of req for international judicial asistance; by plaintiff Sunburst Prod Inc. (lk) (Entered: 04/14/1994)
28 1994-04-19 ANSWER to first amd cmp by defendant Cyrk International to [26-1] (bp) (Entered: 04/21/1994)
29 1994-05-03 NOTICE OF MOTION AND MOTION by plaintiff Sunburst Prod Inc for summary judgment memo of p's & a's; decl's of Victor yerby & Surjit P. Soni ; motion hearing set for 10:00 5/23/94 (bp) (Entered: 05/03/1994)
30 1994-05-03 PROOF OF SERVICE by plaintiff Sunburst Prod Inc of amd P/S of mot for partial sumjgm; memo of p's & a's; decl's of victor yerby & Surjit P. Soni, ord for partial sumjgm & pla's stmt of undisputed facts; the following party was svd by personal svc on 5/3/94, Christi, Parker & Hale. (bp) (Entered: 05/05/1994)
31 1994-05-05 EX PARTE APPLICATION by plaintiff Sunburst Prod Inc to shorten ntc by one day for svd of a mot to extend the ti to resp by one day; memo of p's & a's; decl of Howard L. Hoffenberg ; motion hearing set for (bp) (Entered: 05/06/1994)
32 1994-04-14 REQUEST by plaintiff Sunburst Prod Inc for International judicial assistance to effect svc of process. (bp) (Entered: 05/12/1994)
33 1994-04-14 ORDER tht the crt requests intl judicial assistance in accordance with exhibits 1 & 2 & tht the crt will affix its signature & seal thereto. by Judge Harry L. Hupp granting request [32-1] (bp) (Entered: 05/12/1994)
34 1994-05-05 NOTICE of document discrepancies; req to enter dflt; affimative of svc; Affirmation of svc is not signed by agent authorized to accept svc of process. The document is not to be fld, but instead rejected & returned to cnsl. Insufficient affid. of svc. (bp) (Entered: 05/12/1994)
35 1994-05-06 Opposition to pla's ex parte appl to shorten ti by defendant Cyrk International (bp) (Entered: 05/12/1994)
36 1994-05-09 ORDER Tht the ntc ti for pla's mot for sumjgm set for hrng on 5/23/94, is shortened to 20 days, & pla's svc & flng on 5/3/94 are deemed sufficient; Dft's ti for flng & svng its opp is extended by one day to & including 5:00 pm. on 5/10/94, & dft is to srv its opp either personally or by overnight delivery svc. by Judge Harry L. Hupp (bp) (Entered: 05/12/1994)
37 1994-05-10 OPPOSITION by defendant Cyrk International motion for summary judgment [29-1] (bp) (Entered: 05/12/1994)
38 1994-05-10 NOTICE of lodging of rear gear waist pouch & Mat waist pack by defendant Cyrk International (bp) (Entered: 05/12/1994)
39 1994-05-10 STATEMENT of genuine issues of material fact in opp to pla's mot for partial sumjgm by defendant Cyrk International in support of [29-1] (bp) (Entered: 05/12/1994)
40 1994-05-10 REQUEST by defendant Cyrk International for judicial notice of document authenticity under rule 201 of the federal rules of evidence. (bp) (Entered: 05/12/1994)
41 1994-05-13 JOINT EXHIBIT list by plaintiff Sunburst Prod Inc (bp) (Entered: 05/17/1994)
42 1994-05-13 WITNESS list submitted by plaintiff Sunburst Prod Inc (bp) (Entered: 05/17/1994)
43 1994-05-13 MEMORANDUM of contentions of fact & law by plaintiff Sunburst Prod Inc (bp) (Entered: 05/17/1994)
44 1994-05-12 STATEMENT of genuine issues of material fact in opposition to pla's mot for partial sumjgm by defendant Cyrk International (bp) (Entered: 05/17/1994)
45 1994-05-12 NOTICE of lodging of rear gear waist pouch & mat waist pack by defendant Cyrk International (bp) (Entered: 05/17/1994)
46 1994-05-16 2ND REQUEST by defendant Cyrk International for judicial notice under rule 201 of the Federal rules of evidence. (bp) (Entered: 05/17/1994)
47 1994-05-16 WITNESS list submitted by defendant Cyrk International (bp) (Entered: 05/17/1994)
48 1994-05-12 OPPOSITION request for judicial notice of document authenticity under rule 201 of the federal rules of evidence by defendant Cyrk International (bp) (Entered: 05/17/1994)
49 1994-05-16 NOTICE OF MOTION AND MOTION by defendant Cyrk International for summary judgment ; motion hearing set for 10:00 6/6/94 (bp) (Entered: 05/18/1994)
50 1994-05-16 MEMORANDUM of contentions of fact & law by defendant Cyrk International (bp) (Entered: 05/18/1994)
51 1994-05-16 DECLARATION of Gregory Shlopak by defendant Cyrk International (bp) (Entered: 05/18/1994)
52 1994-05-18 EX PARTE APPLICATION by defendant Cyrk International for order continuing pre-trial conf memo of p's & a's; decl of Edward R. Schwartz ; motion hearing set for (bp) (Entered: 05/19/1994)
53 1994-05-18 NOTICE of lodging of deposition transcripts by plaintiff Sunburst Prod Inc [FILED UNDER SEAL] (bp) (Entered: 05/19/1994)
54 1994-05-18 MINUTES: The ex parte mot is denied. setting hearing on motion for summary judgment [49-1] 5/18/94, setting hearing on motion for summary judgment [29-1] 5/18/94 ; pretrial conference on 11:00 6/20/94 by Judge Harry L. Hupp CR: none (bp) (Entered: 05/23/1994)
55 1994-05-25 NOTICE of document discrepancies amd req to entery default; Pla' wants to enter default on foreign company dft purs to Hong Kong law & practice (CHOP) . First request was rejected because agent authorized to accept svc was not named. The document is to be fld & processed. (bp) (Entered: 05/27/1994)
56 1994-05-25 AMENDED Request to enter default; memo of p's & a's; supplemental affirmation of svc by Lam Chi Hung & decl of Howard L. Hoffenberg. by plaintiff Sunburst Prod Inc (bp) (Entered: 05/27/1994)
57 1994-05-31 OPPOSITION by defendant Cyrk International motion for summary judgment [29-1] (bp) (Entered: 06/06/1994)
58 1994-05-31 NOTICE of document discrepancies: P/S of pla's opp to mot for sumjgm; the document is to be fld & processed. (bp) (Entered: 06/06/1994)
59 1994-06-02 SUPPLEMENTAL ntc of lodging of depositions by plaintiff Sunburst Prod Inc (bp) (Entered: 06/06/1994)
60 1994-06-06 REPLY in support of mot for sumjgm: decl of Gregory Shlopak by defendant Cyrk International re [49-1] (bp) (Entered: 06/07/1994)
61 1994-05-17 REPLY in support of its mot for partial sumjgm: decl of Surjit P. Soni by plaintiff Sunburst Prod Inc re [29-1] [FILED UNDER SEA] (bp) (Entered: 06/13/1994)
62 1994-06-13 MINUTES: Dft's mot for sumjgm on the 1st claim (patent infringement & inducement of patent infringement) is granted & said 1st claim is dismissed frm this actn. [49-1], The balance of pla's & dft's mot for sumjgm are denied [29-1] by Judge Harry L. Hupp CR: L. Kobzeff (ENT 6/14/94) mld cpys & ntc. (bp) (Entered: 06/14/1994)
63 1994-06-16 AMENDED JOINT EXHIBITS LIST by plaintiff Sunburst Prod Inc to [41-1] (bp) (Entered: 06/17/1994)
64 1994-06-27 EX PARTE APPLICATION by defendant Cyrk International to continuing trial memo of p's & a's: decl's of Gregory Shlopak & Edward R. Schwartz ; motion hearing set for (bp) (Entered: 06/29/1994)
65 1994-06-17 MINUTES: granting amend request to enter default against Glorieux Industrial Ltd [56-1] by Judge Harry L. Hupp (lisp) (Entered: 06/30/1994)
66 1994-06-20 MINUTES: ; pretrial conference held ; jury trial set on 8:30 8/2/94 by Judge Harry L. Hupp CR: L. Kobzeff (cc: all counsel) (lisp) (Entered: 06/30/1994)
67 1994-06-20 PRE-TRIAL CONFERENCE ORDER approved by Judge Harry L. Hupp ; jury trial set for 8:30 8/2/94 (lisp) (Entered: 06/30/1994)
68 1994-06-20 ORDER TO SHOW CAUSE in writing nlt 7/26/94 why this actn shld not be dism as to Ever Win Bags Co, Ltd & Prosperous Enterprises for lack of prosecution by Judge Harry L. Hupp (lisp) (Entered: 06/30/1994)
69 1994-06-29 OPPOSITION to ex parte application to continue trial & declaration of Howard L. Hoffenberg by plaintiff Sunburst Prod Inc (bp) (Entered: 06/30/1994)
70 1994-06-30 ORDER by Judge Harry L. Hupp denying motion to continuing trial [64-1] Continuance to 8/22 would oust another case from previously set trial dt. (bp) (Entered: 07/05/1994)
71 1994-07-18 EX PARTE APPLICATION by defendant Cyrk International for order allowing suppl to trial exh lst memo: decl of Edward R. Schwartz ; motion hearing set for (bp) (Entered: 07/19/1994)
72 1994-06-01 OPPOSITION to dft's mot for sumjgm decl of Surjit P. Soni by plaintiff Sunburst Prod Inc (bp) (Entered: 07/19/1994)
73 1994-07-19 NOTICE OF MOTION AND MOTION by plaintiff Sunburst Prod Inc to preclude dft frm introducing written evidence ; motion hearing set for 3:30 7/29/94 (bp) (Entered: 07/21/1994)
74 1994-07-19 NOTICE OF MOTION AND MOTION IN LIMINE by plaintiff Sunburst Prod Inc to limit testimony of dft's witnesses memo of p's & a's ; motion hearing set for 3:30 7/29/94 (bp) (Entered: 07/21/1994)
75 1994-07-19 NOTICE OF MOTION AND MOTION IN LIMINE by plaintiff Sunburst Prod Inc to preclude evidence re functionality of dissected elements of trade dress memo of p's & a's; prop ord ; motion hearing set for 3:30 7/29/94 (bp) (Entered: 07/21/1994)
76 1994-07-19 NOTICE OF MOTION AND MOTION by plaintiff Sunburst Prod Inc to exclude defense witnes unidentified during discovery memo of p's & a's: decl of Howard L. Hoffenberg ; motion hearing set for 3:30 7/29/94 (bp) (Entered: 07/21/1994)
77 1994-07-20 OPPOSITION to ex parte application for supplementation of trial exhibit list & declaration of Howard L. Hoffenberg by plaintiff Sunburst Prod Inc (bp) (Entered: 07/21/1994)
78 1994-07-20 MINUTES: denying motion for order allowing suppl to trial exh lst [71-1] by Judge Harry L. Hupp CR: n (bp) (Entered: 07/22/1994)
79 1994-07-22 SUPPLEMENTAL Voir Dire Questions by defendant Cyrk International (bp) (Entered: 07/25/1994)
80 1994-07-22 SPECIAL VERDICT submitted by defendant Cyrk International (bp) (Entered: 07/25/1994)
81 1994-07-22 JURY INSTRUCTIONS submitted by defendant Cyrk International (bp) (Entered: 07/25/1994)
82 1994-07-26 OPPOSITION by defendant Cyrk International motion to preclude dft frm introducing written evidence [73-1] (bp) (Entered: 07/27/1994)
83 1994-07-26 OPPOSITION by defendant Cyrk International motion to limit testimony of dft's witnesses [74-1] (bp) (Entered: 07/27/1994)
84 1994-07-26 OPPOSITION by defendant Cyrk International motion to preclude evidence re functionality of dissected elements of trade dress [75-1] (bp) (Entered: 07/27/1994)
85 1994-07-26 OPPOSITION by defendant Cyrk International motion to exclude defense witnes unidentified during discovery [76-1] (bp) (Entered: 07/27/1994)
86 1994-07-27 OPPOSITION to OSC to dismiss foreign dft's for want of prosecution & declaration of Howard L. Hoffenberg by plaintiff Sunburst Prod Inc (bp) (Entered: 07/28/1994)
87 1994-07-27 PROPOSED SUPPLEMENTAL VOIRE DIRE QUESTIONS by plaintiff Sunburst Prod Inc (bp) (Entered: 07/28/1994)
88 1994-07-27 PROPOSED JURY INSTRUCTIONS submitted by plaintiff Sunburst Prod Inc (bp) (Entered: 07/28/1994)
89 1994-07-27 REPLY in support of mot to exclude defense witness unidentified during discovery by plaintiff Sunburst Prod Inc re [76-1] (bp) (Entered: 07/28/1994)
90 1994-07-27 REPLY in support of mot in limine to limit testimony of dft's witnesses to depo testimony by plaintiff Sunburst Prod Inc re [74-1] (bp) (Entered: 07/28/1994)
91 1994-07-27 REPLY in support of its mot in limine to preclude defendant frm introducing written evidenc first produced on 7/14/94 & for evidnetiary sanctions by plaintiff Sunburst Prod Inc re [73-1] (bp) (Entered: 07/28/1994)
92 1994-07-27 REPLY in support of mot in limine to preclude evidence re: functionality of dissected elements of trade dress by plaintiff Sunburst Prod Inc re [75-1] (bp) (Entered: 07/29/1994)
93 1994-07-27 REQUEST by plaintiff Sunburst Prod Inc for entry of default: P/S of S/C party svd Prosperous Enterprise (Taiwan) person svd Ivan Liu, dt of svc 6/27/94. (bp) Modified on 08/02/1994 (Entered: 08/02/1994)
94 1994-06-28 DEFAULT ENTERED BY CLERK as to defendant Prosperous Enterpris (bp) (Entered: 08/02/1994)
95 1994-07-29 NOTICE OF DISCREPANCY AND ORDER req to enter default: p/s does not indicate is person who signed for svc was authorized to accept svc of process. The document is to be fld & processed. by Judge Harry L. Hupp (bp) (Entered: 08/02/1994)
96 1994-07-29 REQUEST by plaintiff Sunburst Prod Inc for entry of default against Ever Win Bags Co.: P/S of S/C, person svd Udom Benrosman on behalf of Ever Win Bags Co., Ltd on 6/23/94. (bp) (Entered: 08/02/1994)
97 1994-07-29 DEFAULT ENTERED BY CLERK as to defendant Ever Win Bags Co. Lt (bp) (Entered: 08/02/1994)
98 1994-08-02 OBJECTIONS by plaintiff Sunburst Prod Inc to prop jury instructns [81-1], prop modified jury instruc (dhl) (Entered: 08/03/1994)
99 1994-08-02 OBJECTIONS to special verdict form proposed by plaintiff by defendant Cyrk International (bp) (Entered: 08/07/1994)
100 1994-08-02 OBJECTIONS to pla's proposed jury instructions by defendant Cyrk International to [88-1] (bp) (Entered: 08/07/1994)
101 1994-08-02 Glossary of Technical terms submitted by defendant CYRK International (bp) (Entered: 08/07/1994)
102 1994-08-02 SECOND AMENDED exhibit list by plaintiff Sunburst Prod Inc to [41-1] (bp) (Entered: 08/07/1994)
103 1994-08-02 Subission of Remaining Objections to documentary evidence subitted by CYRK International, Inc. (bp) (Entered: 08/07/1994)
104 1994-08-02 NOTICE of lodging of depositions by plaintiff Sunburst Prod Inc (bp) (Entered: 08/07/1994)
105 1994-08-02 MINUTES: ; 1st day jury trial opening stmt's made by pla & dft. witnesses called, sworn & testified, exhibits identified, exhibits admitted; case cont'd to 8/3/94, for further trial, motions in limine ruled on. Case cont'd to 8/3/94 for further trial. by Judge Harry L. Hupp CR: C. Mizell (bp) (Entered: 08/07/1994)
106 1994-08-03 MINUTES: 2nd day jury trial; the jury is present witnesses called, sworn & testified, exhibits identified, exhibits aditted; case cont'd to 8/4/94, at 9:00 a. for further trial. by Judge Harry L. Hupp CR: C. Mizell (bp) (Entered: 08/07/1994)
107 1994-08-04 Memorandum of P's & a's re: licensing submitted by plaintiff Sunburst Products (bp) (Entered: 08/07/1994)
108 1994-08-04 Memorandum re: any damages to Ski Tote U.S.A. submitted by plaintiff Sunburst Products Inc. (bp) (Entered: 08/07/1994)
109 1994-08-04 Memorandum of p's & a's re: award of both damages & profits to plaintiff submitted by plaintiff Sunburst Products Inc (bp) (Entered: 08/07/1994)
110 1994-08-04 NOTICE of lodging by defendant Cyrk International (bp) (Entered: 08/08/1994)
111 1994-08-04 SUPPLEMENTAL proposed jury instructions by defendant Cyrk International re jury [81-1] (bp) (Entered: 08/08/1994)
112 1994-08-04 Memo of defendant CYRK re: whether pla is entitled to a double recovery of both its alleged lost profits & CYRK's profits submitted by defendant CYRK International (bp) (Entered: 08/08/1994)
113 1994-08-04 MINUTES: 3rd day jury trial the jury in present. Witnesses called, sworn & testified, exhibits identified, exhibits admitted; case cont'd to 8/5/94, at 8:45 for further trial by Judge Harry L. Hupp CR: C. Mizell (bp) (Entered: 08/08/1994)
114 1994-08-05 NOTICE of lodging of depositions by plaintiff Sunburst Prod Inc (bp) (Entered: 08/08/1994)
115 1994-08-05 REPLY to CYRK Intl's memo re whether pla is entitled to a double recovery of both its alleged lost profits & CYKR's profits by plaintiff Sunburst Prod Inc re [109-1] (bp) (Entered: 08/08/1994)
116 1994-08-05 Plaintiff's glossary of Technical terms submitted by Sunburst Products, Inc. (bp) (Entered: 08/08/1994)
117 1994-08-05 Plaintiff's memo of p's & a's re: offset of settlement amounts submitted by Sunburst Products, Inc. (bp) (Entered: 08/08/1994)
118 1994-08-05 Memo of dft CYRK re whether pla, Sunburst Products, Inc. is entitled to recover damages allegedly sustained by non-party partnership Ski Tote (bp) (Entered: 08/08/1994)
119 1994-08-05 NOTICE OF MOTION AND MOTION by defendant Cyrk International for judgment as a matter of law memo of p's & a's ; motion hearing set for (bp) (Entered: 08/09/1994)
120 1994-08-05 MINUTES: The jury is present. Witnesses called, sworn & testified, Pla rests, dft rests. Pla's motion for directed verdict, denied, & granted in part. Case cont'd to 8/8/94, at 8:30 for further trial. Court rules punitive damages not submitted to jury. by Judge Harry L. Hupp CR: C. Mizell (bp) (Entered: 08/09/1994)
121 1994-08-08 MINUTES: 5th day jury trial. The jury is present. closing arguments made by pla & dft crt instructs jury. Bailiff/matron sworn jury retires to deliberate. By stip of the parties, the crt admitted exh. 51. by Judge Harry L. Hupp CR: C. Mizell (bp) (Entered: 08/10/1994)
122 1994-08-03 NOTICE by defendant Cyrk International of taking deposition of Victor Yerby on 3/23/94; issued subpoena (bp) (Entered: 08/11/1994)
123 1994-08-03 NOTICE by defendant Cyrk International of taking deposition of Richard J. Walter on 3/22/94; issued subpoena (bp) (Entered: 08/11/1994)
124 1994-08-03 NOTICE by defendant Cyrk International of taking deposition of James B. Olmes on 3/23/94; issued subpoena (bp) (Entered: 08/11/1994)
125 1994-08-03 NOTICE by defendant Cyrk International of taking deposition of James B. Olmes on 3/23/94; issued subpoena (bp) (Entered: 08/11/1994)
126 1994-08-05 NOTICE by defendant Cyrk International of taking deposition of Jerry Jacobs on 3/22/94; issued subpoena (bp) Modified on 08/11/1994 (Entered: 08/11/1994)
127 1994-08-05 NOTICE by defendant Cyrk International of taking deposition of Jerry Jacobs on 3/22/94; issued subpoena (bp) (Entered: 08/11/1994)
128 1994-08-05 NOTICE by defendant Cyrk International of taking deposition of Steven A. Brown on 3/22/94; issued subpoena (bp) (Entered: 08/11/1994)
129 1994-08-05 NOTICE by defendant Cyrk International of taking deposition of Steven A. Brown on 3/22/94; issued subpoena (bp) (Entered: 08/11/1994)
130 1994-08-05 NOTICE by defendant Cyrk International of taking deposition of Steven A. Bowman on 7/14/94; issued subpoena (bp) (Entered: 08/11/1994)
131 1994-08-05 NOTICE by plaintiff Sunburst Prod Inc of taking deposition of Gregory P. Shlopak on 3/8/94; issued subpoena (bp) (Entered: 08/11/1994)
132 1994-08-04 NOTICE by plaintiff Sunburst Prod Inc of taking deposition of Diane Banks on 3/9/94; issued subpoena (bp) (Entered: 08/11/1994)
133 1994-08-03 NOTICE by plaintiff Sunburst Prod Inc of taking deposition of Allison Magoon on 3/9/94; issued subpoena (bp) (Entered: 08/11/1994)
134 1994-08-03 NOTICE by plaintiff Sunburst Prod Inc of taking deposition of Alex D. Eisenzopf on 3/8/94; issued subpoena (bp) (Entered: 08/11/1994)
135 1994-08-09 VERDICT for plaintiff Sunburst Prod Inc against defendant Cyrk International: amount of damages $400,000.00 (bp) (Entered: 08/11/1994)
136 1994-08-09 JURY PANEL (bp) (Entered: 08/11/1994)
137 1994-08-09 JURY NOTES filed (bp) (Entered: 08/11/1994)
138 1994-08-09 WITNESS list submitted by defendant Cyrk International (bp) (Entered: 08/11/1994)
139 1994-08-09 WITNESS list submitted by plaintiff Sunburst Prod Inc (bp) (Entered: 08/11/1994)
140 1994-08-09 SECOND AMENDED JOINT EXHIBIT list by plaintiff Sunburst Prod Inc (bp) (Entered: 08/11/1994)
141 1994-08-08 JURY INSTRUCTIONS submitted (bp) (Entered: 08/11/1994)
142 1994-08-09 Exhibit release upon verdict/judgment at trial; Through stip of cnsl in this actn &/or by ord of this crt, all exhibits listed on the pla, dft, joint exhibit list are being returned to: cnsl for the prevailing party. (bp) (Entered: 08/11/1994)
143 1994-08-09 MINUTES: 6th day jury trial. The jury is present. Filed witness & exhibit list. Jury verdict in favor of pla. polling waived, filed jury notes. Filed special verdict. by Judge A. W. Tashima CR: Cynthia L. Mizell (bp) (Entered: 08/12/1994)
144 1994-08-09 JUDGMENT ON THE VERDICT: This cause having been tried by the crt & a jury, bef the Honorable A. Wallace Tashima, Judge presiding, & the issues having been duly tried & the jury having duly rendered its verdict; now, therefore, purs to the verdict, It is ORD tht the pla's Sunburst Products, Inc., dba Freestyle U.S.A., have & recover of & from the dft CYRK International, the sum of $400.000.00 by Judge A. W. Tashima . (ENT 8/12/94) mld cpys & ntc. (bp) (Entered: 08/12/1994)
145 1994-05-16 MEMORANDUM by defendant Cyrk International in support of motion for summary judgment [49-1] [FILED UNDER SEAL] (bp) (Entered: 08/15/1994)
146 1994-08-22 BILL OF COSTS Notic of application & application to tax costs; bill of costs with declaration & itemization of costs submitted by plaintiff Sunburst Prod Inc re [144-1] ; bill of cost hearing set on 2:00 9/8/94 (bp) (Entered: 08/22/1994)
147 1994-08-22 NOTICE OF MOTION AND MOTION by defendant Cyrk International for judgment as a matter of law memo of p's & a's ; motion hearing set for 10:00 9/12/94 (bp) (Entered: 08/23/1994)
148 1994-08-23 MINUTES: The jgm entered on 8/12/94 is set aside on the crt's own motion for the reason tht when a special verdict is rendered, such are findings of fact, but it is up to the crt to sign & enter jgm. Pla to submit form of jgm on special verdict. If there are any unresolved equitable issues, pla to include proposed ord in jgm & both parties to submit memoranda thereon. by Judge Harry L. Hupp CR: none (ENT 8/24/94) mld cpys & ntc. (bp) (Entered: 08/24/1994)
149 1994-08-23 NOTICE OF DISCREPANCY AND ORDER ntc of mot for stay of exec of jgm; no memo of p's & a's; the document is to be fld & processed. by Judge Harry L. Hupp (bp) (Entered: 08/24/1994)
150 1994-08-23 NOTICE OF MOTION AND MOTION by defendant Cyrk International to stay ; motion hearing set for 10:00 9/12/94 (bp) (Entered: 08/24/1994)
151 1994-08-23 MINUTES: Dft's mot for stay of execution of jgm pending motion for jgm as a matter of law, fld 8/23/94, is taken off cal as moot, since jgm entered is set aside. finding the motion to stay [150-1] moot. by Judge Harry L. Hupp CR: none (bp) (Entered: 08/24/1994)
152 1994-08-30 NOTICE OF DISCREPANCY AND ORDER re appl for entry of dflt jgm lodged 8/29/94 are not to be fld but instead rejected & rtnd to cnsl. by Judge Harry L. Hupp (kr) (Entered: 09/09/1994)
153 1994-09-01 Opp to appl to tax costs of plf Sunburst products, inc. by defendant Cyrk International (kr) (Entered: 09/09/1994)
154 1994-09-02 NOTICE OF MOTION AND MOTION by plaintiff Sunburst Prod Inc for default judgment against Prosperous Enterpris, Ever Win Bags Co. Lt, Glorieux Industrial ; motion hearing set for 10:00 9/26/94 (jw) (Entered: 09/16/1994)
155 1994-09-08 REPLY by plaintiff Sunburst Prod Inc re [153-1] (jw) (Entered: 09/16/1994)
156 1994-09-12 Opposition by defendant Cyrk International to motion for default judgment against Prosperous Enterpris, Ever Win Bags Co. Lt, Glorieux Industrial [154-1] (jw) (Entered: 09/16/1994)
157 1994-09-15 NOTICE OF MOTION AND MOTION by plaintiff Sunburst Prod Inc for an award of prejudgment interest memo of p's & a's in support ; motion hearing set for 10:00 10/17/94 (bp) (Entered: 09/19/1994)
158 1994-09-15 NOTICE OF MOTION AND MOTION by plaintiff Sunburst Prod Inc for attorney fees ; motion hearing set for 10:00 10/17/94 (bp) (Entered: 09/19/1994)
159 1994-09-15 NOTICE OF MOTION AND MOTION by plaintiff Sunburst Prod Inc for disgorgement of addtl profits memo of p's & a's ; motion hearing set for 10:00 10/17/94 (bp) (Entered: 09/19/1994)
160 1994-09-15 Copies of Authorities not provided in the official reporters in support of pla's motion for an award of attorneys fees & expenses by Plaintiff Sunburst Products, Inc. (bp) (Entered: 09/19/1994)
161 1994-09-19 REPLY brief in support of motion for entry of default judgment by plaintiff Sunburst Prod Inc re [154-1] (bp) (Entered: 09/21/1994)
162 1994-09-26 MINUTES: In Chambers: The for of jgm is rejected. The jgm must recite the Jury's verdict. Any findings by the crt must be on a separate document entitled findings of fact, but which does not duplicate the jury's findings. The 28-page essay submitted in the jgm is unnecessary. If findings are necessary, they should be ultimate facts. Redraft. by Judge Harry L. Hupp CR: Cynthia Mizell (bp) (Entered: 09/27/1994)
163 1994-10-03 OPPOSITION by defendant Cyrk International motion for an award of prejudgment interest [157-1] (bp) (Entered: 10/04/1994)
164 1994-10-03 OPPOSITION by defendant Cyrk International motion for disgorgement of addtl profits [159-1] (bp) (Entered: 10/04/1994)
165 1994-10-03 OPPOSITION to pla's request for a taxation of costs by defendant Cyrk International (bp) (Entered: 10/04/1994)
166 1994-10-03 OPPOSITION by defendant Cyrk International motion for attorney fees [158-1] (bp) (Entered: 10/04/1994)
167 1994-10-03 OPPOSITION to pla's request for a permenent injunction by defendant Cyrk International (bp) (Entered: 10/04/1994)
168 1994-10-03 MEMORANDUM by defendant Cyrk International in opposition to award of damages to plaintiff (bp) (Entered: 10/04/1994)
169 1994-10-04 NOTICE of first amended ntc of motion for entry of default jgm by plaintiff Sunburst Prod Inc of hearing setting hearing on motion for default judgment against Prosperous Enterpris, Ever Win Bags Co. Lt, Glorieux Industrial [154-1] 10:00 11/14/94 (bp) (Entered: 10/11/1994)
170 1994-10-12 REPLY in support of its motion for disgorgement of additional profits under the Lanham Act & Ca unfair competition law by plaintiff Sunburst Prod Inc re [159-1] (bp) (Entered: 10/13/1994)
171 1994-10-12 REPLY in support of motion for an award of prejudgment interest by plaintiff Sunburst Prod Inc re [157-1] (bp) (Entered: 10/13/1994)
172 1994-10-12 REPLY to dft's opposition to pla's motion for an award of attorney's fees & expenses: exhibits A & B in support by plaintiff Sunburst Prod Inc re [166-1] (bp) (Entered: 10/13/1994)
173 1994-10-12 REPLY brief to document fld by dft entitled Cyrk's memo in opposition to award of damages to pla by plaintiff Sunburst Prod Inc (bp) (Entered: 10/13/1994)
174 1994-10-12 REPLY in support of proposed jgm including injunction by plaintiff Sunburst Prod Inc (bp) (Entered: 10/13/1994)
175 1994-10-12 REPLY brief to document fld by Cyrk's opposition to pla's request for a taxation of costs by plaintiff Sunburst Prod Inc (bp) (Entered: 10/13/1994)
176 1994-10-17 MINUTES: denying motion for disgorgement of addtl profits [159-1], denying motion for attorney fees & costs beyond statutory costs [158-1], denying motion for an award of prejudgment interest [157-1] Judgent is signed & fld this dt with above items deleted. The court declines to sign the prop supplemental findings. by Judge Harry L. Hupp CR: C. Ciszowski (ENT 10/18/94) mld cpys & ntc. (bp) (Entered: 10/18/1994)
177 1994-10-17 JUDGMENT AND ORDER: Judgment is entered in favor of pla, Sunburst Products, Inc. & against dft, Cyrk International aka Cyrk, Inc. aka Cyrk Intl, Inc. as follows: Sunburst shall recover fr CYRK, monetary damages in the amount of $400,00 being the net amount awarded by the jury set off Purs to 15 U.S.C. 1116, dft's & each of them, & their officers, agents servants, employees & attorneys, & all persons tht act in concert or participation with dft's who receive actual notice of this jgm & ord by personal svc or otherwise, are immediately & permanently enjoined & restrained frm directly or indirectly makng, having made, advertising, promoting, importing, distributing, offering to sell or selling a pouch & bottle together, or separately, having the trade dress illustrated in exhibits A or B attached hereto, & any colorable imitations, confusingly similar imitations to the waist packs illustrated in exhibits A or B by Judge Harry L. Hupp . (ENT 10/18/94) mld cpys & ntc (bp) Modified on 11/03/1994 (Entered: 10/18/1994)
178 1994-10-21 NOTICE OF APPL. TO TAX COSTS; BILL OF COSTS with Decl. and Itemization of Costs RETURNABLE submitted by plaintiff Sunburst Prod Inc re [177-1] ; bill of cost hearing set on 10:00 11/9/94: Costs are taxed in the amount of $10,500.00 (np) Modified on 11/16/1994 (Entered: 10/25/1994)
179 1994-10-25 RECEIPT; Transmittal of return receipts of proof of service on foreign defendants in support of motion for entry of default judgment against foreign defendants (bp) (Entered: 10/31/1994)
180 1994-10-28 OPPOSITION to pla's request for a taxation of costs by defendant Cyrk International (bp) (Entered: 11/02/1994)
181 1994-10-31 OPPOSITION by defendant Cyrk International motion for default judgment against Prosperous Enterpris, Ever Win Bags Co. Lt, Glorieux Industrial [154-1] (bp) (Entered: 11/02/1994)
182 1994-11-07 REPLY BRIEF IN SUPPORT of APPLIOCATION FOR TAXATION OF COSTS; Decl. of Hoffenberg and Kirkpatrick by plaintiff Sunburst Prod Inc re [178-1] (np) (Entered: 11/07/1994)
183 1994-11-07 EXHIBITS 3 in support of REPLY BRIEF in support of Appl. for Taxation of Costs (Under Seal). (np) (Entered: 11/07/1994)
184 1994-11-07 REPLY BRIEF FILED by plaintiff Sunburst Prod Inc regarding [154-1] (jw) (Entered: 11/09/1994)
185 1994-11-16 NOTICE OF APPEAL by defendant to United States Court of Appeals for the Federal Circuit from Dist. Court jgm ent. 10/18/94. (Christie, Parker & Hale) Fee: Paid. (pjap) (Entered: 11/16/1994)
186 1994-11-08 AFFIDAVIT of Surjit P. Soni & request for issuance of writ of execution. (bp) (Entered: 11/16/1994)
187 1994-11-16 JUDGMENT AND ORDER: Judgment is entered in favor of pla, Sunburst Products, Inc., & against dft's, Prosperous Enterprises (Taiwan) Ltd., Ever Wins Bags Co., & Glorieux Industrial Ltd., Jointly & serverally, in the principal amount of $400,000 plus costs to be cliamed on a costs bill. This jgm is joint & several as to these dft's & CYRK International against whom a separate jgm with an injunction has been entered, with any satisfaction of jgm to be applied pro tanto to reduce the liability of the ord jgm debtors by Judge Harry L. Hupp . terminating case (ENT 11/17/94) MD JS-6 mld cpys & ntc. (bp) (Entered: 11/17/1994)
188 1994-11-14 MINUTES: The motion for jgm following entry of default is granted as to defaulting dft's Prosperous Enterprises. Ever Win Bags Co., & Glorieux Industrial, Ltd. jgm will be entered for $400,000 against each of said dfts, plus costs as claimed on a costs bill. Jgm is to provide tht the jgm is joint & several as to thoses dft's & Cyrk International, against whom jgm was previously entered, with any satisfaction of jgm to apply pro tanto to reduce the liability of the other jgm debtors. The form of jgm tendered by pla is rejected. A new form of jgm is to be submitted forthwith proving only (findings are to be included in a jgm) tht pla have & recover $400,00 plus costs & tht the jgm is joint & several as set forth above. by Judge Harry L. Hupp CR: C. Ciszowski (bp) (Entered: 11/21/1994)
189 1994-11-18 NOTICE OF MOTION AND MOTION by defendant Cyrk International to stay of execution of jgm pending appeal ; motion hearing set for 10:00 12/12/94 (bp) (Entered: 11/21/1994)
190 1994-11-18 MEMORANDUM of p's & a's by defendant Cyrk International in support of motion to stay of execution of jgm pending appeal [189-1] (bp) (Entered: 11/21/1994)
191 1994-11-28 NOTICE OF CROSS APPEAL by plaintiff Sunburst Products to Federal Circuit from Dist. Court ord ent on 10/18/94, 11/17/94 & 6/14/94. (cc: Howard L. Hoffenberg; Christie, Parker & Hale; Ever Win Bags Co., Ltd.; Prosperous Enterprises ( Taiwan) Ltd.; Glorieus Industrial Ltd.). Fee: Paid. (dmap) Modified on 11/30/1994 (Entered: 11/30/1994)
192 1994-11-16 TRANSCRIPT Purchase Order form for dates: 8/2/94, 8/3/94, 8/4/94, 8/5/94, 8/8/94. (fvap) (Entered: 12/01/1994)
193 1994-11-28 OPPOSITION by plaintiff Sunburst Prod Inc motion to stay of execution of jgm pending appeal [189-1] (bp) (Entered: 12/07/1994)
194 1994-12-05 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 8/2/94,8/3/94,8/4/94,8/5/94 (Re: [191-1] ) CR: Cynthia Mizell (fvap) (Entered: 12/20/1994)
195 1994-12-05 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 8/8/94 (Re: [191-1] ) CR: Cynthia Mizell (fvap) (Entered: 12/20/1994)
196 1994-12-16 TRANSCRIPT DESIGNATION and ordering form for dates: 6/13/94 CR: Libbie Kobzeff, 9/26/94 CR: Cynthia Mizell, 10/17/94, 11/14/94 CR: Celia Ciszowski. (fvap) (Entered: 12/20/1994)
197 1994-12-12 MINUTES: The motion for stay of execution w/o posting bond is denied. by Judge Harry L. Hupp CR: C. Cizowski (bp) (Entered: 12/28/1994)
198 1994-12-30 EXPARTE APPLICATION re Stay of Exec of Judgt Pending Appeal & re Cash in Lieu of Bond; Memo of P's & A's by defendant Cyrk International (mco) (Entered: 01/19/1995)
199 1994-12-30 OBJECTIONS by plaintiff Sunburst Prod Inc to form of Proposed Ord on exparte appl to Post a Csh Bond [198-1] (mco) (Entered: 01/19/1995)
200 1995-01-03 ORDER - granting exparte appl that exec of any proc to enforce money port of judgt ent on 10-18-94 be styd pend'g determ of dfts appeal. That dft Cyrk Intl may deposit w/Crt a cash ck in the amt of $617,250.00 in lieu of supersedeas bond by ord of Judge Harry L. Hupp [198-1] (mco) (Entered: 01/19/1995)
201 1995-01-13 RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 11/14/94. CR: Cecilia Ciszowski. Date: 6/13/94. CR: Libbie Kobzeff. Date: 9/26/94. CR: Cynthia Mizell. Cecelia Ciszowski (app) (Entered: 01/26/1995)
202 1996-11-04 RECORD on appeal returned from U.S. Court of Appeals re appeal [191-1] vols: 9 (dmap) (Entered: 11/07/1996)
203 1996-11-07 NOTICE by Crt of hearing ; IN COURT HEARING RE: Hrg on flg & spreading jgm of Crt of Appeals (Civil) set on 10:00 12/16/96 (dhl) (Entered: 11/14/1996)
204 1996-11-21 NOTICE OF MOTION AND MOTION by defendant Cyrk International for reimbursement ; motion hearing set for 10:00 12/16/96 (jag) (Entered: 11/22/1996)
205 1996-11-21 MEMORANDUM by defendant Cyrk International in support of motion for reimbursement [204-1] (jag) (Entered: 11/22/1996)
206 1996-12-09 EX PARTE APPLICATION by plaintiff Sunburst Prod Inc for order enlarging time to file Sunburst's opp to dft Cyrk Intl's mot for reimbursement ; Decl of Anthony G Vella (jag) (Entered: 12/10/1996)
207 1996-12-09 DECLARATION of Anthony G Vella by plaintiff Sunburst Prod Inc in suppt of ex parte application [206-1] (jag) (Entered: 12/10/1996)
208 1996-12-12 Reply memo by defendant Cyrk International in suppt of motion for reimbursement [204-1] (jag) (Entered: 12/13/1996)
209 1996-12-13 ORDER by Judge Harry L. Hupp; It is ordered that the time for filing Sunburst's opp to dft's mot for reimbursement is enlarged to render rcpt of this pleading on 12/9/96 as timely & CYRK Intl sh have until 12/12/96 to reply to Sunburst's opp, & such reply will be timely. (jag) (Entered: 12/17/1996)
210 1996-12-16 JUDGMENT AND ORDER: by Judge Harry L. Hupp against Sunburst Prod Inc . Plf sh have & recover nothing agnst dft Cyrk International aka Cyrk, Inc & Cyrk International, Inc & that said dfts have & recover $3,801.33 pd on acct of jgm now set aside, plus $505.58 interest on said sum, Total In the amount of $ 4306.91 (ENT 12/23/96), mld cpys & ntcs. (twdb) (Entered: 12/23/1996)
211 1996-12-16 MINUTES: Filing & Spreading Motion for Reimbursement, by Judge Harry L. Hupp CR: C.Mizell (ENT 12/23/96), mld cpys. (twdb) (Entered: 12/23/1996)
212 1996-12-26 NOTICE OF APPLICATION & BILL OF COSTS RETURNABLE submitted by defendant Cyrk International re [210-1] ; bill of cost hearing set on 1/13/97 (jag) (Entered: 12/30/1996)
213 1997-01-06 OBJECTIONS by plaintiff Sunburst Prod Inc to bill of costs [212-1] (jag) (Entered: 01/08/1997)
214 1997-09-23 USM Form 285 executed: Re writ of execution re: Levy on any and all accts &/or safe deposit boxes in the name of jgm debtor Cyrk International aka Cyrk, Inc., aka Cyrk International, Inc. Served copy of writ together with a ntc that said property was attached and demanded a reply to which $3,776.33, and after deducting costs of $0, $3,776.33 is applied against jgm. (shb) (Entered: 10/10/1997)