This case was last updated from U.S. District Courts on 04/05/2018 at 22:18:17 (UTC).

California Expanded Metal Products Company et al v. James A Klein et al

Case Summary

On 08/10/2016 California Expanded Metal Products Company filed a Contract - Other Contract lawsuit against James A Klein. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are Dean D. Pregerson and Michael R. Wilner. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:16-CV-05968

  • Filing Date:

    08/10/2016

  • Case Status:

    Not Classified By Court

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    California Central District

Judge Details

Presiding Judge

Dean D. Pregerson

Referral Judge

Michael R. Wilner

 

Party Details

Plaintiffs

California Expanded Metal Products Company

Clarkwestern Dietrich Building Systems LLC

Defendants

James A Klein

BlazeFrame Industries, Ltd

Attorney/Law Firm Details

Plaintiff Attorneys

Dylan C Dang

9250 Wilshire Boulevard Suite 325

Beverly Hills, CA 90212

R Joseph Trojan

9250 Wilshire Boulevard Suite 325

Beverly Hills, CA 90212

Jeffrey Kersting

Attorney at Frost Brown Todd LLC

301 East Fourth Street Suite 3300

Cincinatti, OH 45202

Ira G Rivin

Attorney at Rutan and Tucker LLP

611 Anton Boulevard 14Th Floor

Costa Mesa, CA 92626-1931

Ann G Schoen

Attorney at Frost Brown Todd LLC

301 East Fourth Street Suite 3300

Cincinatti, OH 45202

 

Court Documents

#124

(#124) ORDER OF DISMISSAL WITH PREJUDICE by Judge Dean D. Pregerson, re Stipulation to Dismiss Case 123 . IT IS HEREBY ORDERED that this action and all claims which were raised or could have been raised in this action are dismissed with prejudice in accordance with the Parties' Settlement Agreement. Each party shall bear its own costs and attorneys' fees. Case Terminated. Made JS-6. (smo)

#111

(#111) PRELIMINARY INJUNCTION by Judge Dean D. Pregerson: 1. Defendants and their Agents are enjoined and prohibited from taking or engaging in any action or conduct that would cause, or is likely, or intended by Defendants, tocause, Clark to be removed fr om any listing of Underwriters Laboratory (UL) or any other third party certifying entity (collectively, "UL listings") for anyintumescent-tape bearing products or any fire stopping products; and 2 In the event Defendants or their Agents ha ve taken any action or engaged in any conduct that would cause, or is likely, or intended by Defendants, to cause, Clark to be removed from any UL listings, Defendants are directed andordered to immediately take all actions necessary to reinstate or maintain Clarks listing as approved on all UL listings for any intumescent-tape bearing products or any fire stopping products; and 3. Defendants shall, by May 25, 2017, provide, or otherwise make available to ClarkDietrich, any and all UL files for licensed products, including testing and data files; and 4. ClarkDietrich shall use such files and data for the sole purpose of obtaining its own UL certifications; and 5. ClarkDietrich shall post a bond of $100,000 in connection with this order.with this Order. (lc)

#106

(#106) ORDER GRANTING PRELIMINARY INJUNCTION by Judge Dean D. Pregerson: Plaintiffs Motion for Preliminary Injunction is GRANTED, in part, and DENIED, in part. Defendants James A. Klein and BlazeFrame Industries, Ltd. and their agents, employees, and repr esentatives are enjoined from doing and/or ordered to do thefollowing: a. Enjoined from offering for sale or selling licensed BlazeFrame Products (BF Products) outside Oregon, Washington, Alaska, Idaho, Montana andWyoming (the restricted territory), either directly or through BigMountain Supply & Materials LLC. This provision shall not be read to restrict the sales activities of independent third-party distributors. b. Enjoined from offering for sale or selling intumescent tape outside the restricted territory, except for the limited purpose of repair. (lc)

#73

(#73) MINUTES OF Hearing on Motion for Preliminary Injunction 54 and Under Seal Motion for Preliminary Injunction 61 and Scheduling Conference held before Judge Dean D. Pregerson. The matters are taken under submission. The Court adopts the dates as reflected by the Joint Rule 26(f) Report. (Refer to the SCHEDULING ORDER to be issued hereafter.) Court Reporter: Maria Bustillo. (smo)

#72

(#72) ORDER GRANTING PLAINTIFFS MOTION TO STRIKE AFFIRMATIVE DEFENSES 46 by Judge Dean D. Pregerson: Defendants affirmative defenses of patent invalidity andpatent unenforceability are STRICKEN, with prejudice. Defendants affirmative defense of patent misuse is STRICKEN, with leave to amend. Any amended Answer shall be filed within fourteen days of the date of this Order. (lc)

 

Docket Entries

  • 07/21/2017
  • View Court Documents
  • (#124) ORDER OF DISMISSAL WITH PREJUDICE by Judge Dean D. Pregerson, re Stipulation to Dismiss Case 123 . IT IS HEREBY ORDERED that this action and all claims which were raised or could have been raised in this action are dismissed with prejudice in accordance with the Parties' Settlement Agreement. Each party shall bear its own costs and attorneys' fees. Case Terminated. Made JS-6. (smo)

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  • 05/23/2017
  • View Court Documents
  • (#111) PRELIMINARY INJUNCTION by Judge Dean D. Pregerson: 1. Defendants and their Agents are enjoined and prohibited from taking or engaging in any action or conduct that would cause, or is likely, or intended by Defendants, tocause, Clark to be removed fr om any listing of Underwriters Laboratory (UL) or any other third party certifying entity (collectively, "UL listings") for anyintumescent-tape bearing products or any fire stopping products; and 2 In the event Defendants or their Agents ha ve taken any action or engaged in any conduct that would cause, or is likely, or intended by Defendants, to cause, Clark to be removed from any UL listings, Defendants are directed andordered to immediately take all actions necessary to reinstate or maintain Clarks listing as approved on all UL listings for any intumescent-tape bearing products or any fire stopping products; and 3. Defendants shall, by May 25, 2017, provide, or otherwise make available to ClarkDietrich, any and all UL files for licensed products, including testing and data files; and 4. ClarkDietrich shall use such files and data for the sole purpose of obtaining its own UL certifications; and 5. ClarkDietrich shall post a bond of $100,000 in connection with this order.with this Order. (lc)

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  • 05/09/2017
  • View Court Documents
  • (#106) ORDER GRANTING PRELIMINARY INJUNCTION by Judge Dean D. Pregerson: Plaintiffs Motion for Preliminary Injunction is GRANTED, in part, and DENIED, in part. Defendants James A. Klein and BlazeFrame Industries, Ltd. and their agents, employees, and repr esentatives are enjoined from doing and/or ordered to do thefollowing: a. Enjoined from offering for sale or selling licensed BlazeFrame Products (BF Products) outside Oregon, Washington, Alaska, Idaho, Montana andWyoming (the restricted territory), either directly or through BigMountain Supply & Materials LLC. This provision shall not be read to restrict the sales activities of independent third-party distributors. b. Enjoined from offering for sale or selling intumescent tape outside the restricted territory, except for the limited purpose of repair. (lc)

    Read MoreRead Less
  • 03/06/2017
  • View Court Documents
  • (#73) MINUTES OF Hearing on Motion for Preliminary Injunction 54 and Under Seal Motion for Preliminary Injunction 61 and Scheduling Conference held before Judge Dean D. Pregerson. The matters are taken under submission. The Court adopts the dates as reflected by the Joint Rule 26(f) Report. (Refer to the SCHEDULING ORDER to be issued hereafter.) Court Reporter: Maria Bustillo. (smo)

    Read MoreRead Less
  • 03/03/2017
  • View Court Documents
  • (#72) ORDER GRANTING PLAINTIFFS MOTION TO STRIKE AFFIRMATIVE DEFENSES 46 by Judge Dean D. Pregerson: Defendants affirmative defenses of patent invalidity andpatent unenforceability are STRICKEN, with prejudice. Defendants affirmative defense of patent misuse is STRICKEN, with leave to amend. Any amended Answer shall be filed within fourteen days of the date of this Order. (lc)

    Read MoreRead Less
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