Duck Dive v. Michaeline Heydari et al
Plaintiff: Duck Dive
Defendant: Does 1 through 50, Michaeline Heydari individually doing business as The Duck Dive doing business as Duck Dive Gastropub, Inc and Duck Dive Gastorpub, Inc. a California Corporation doing business as Duck Dive Gastropub doing business as Duck Dive Gastropub Malibu
Case Number: 2:2013cv07791
Filed: October 22, 2013
Court: US District Court for the Central District of California
Presiding Judge: Stephen J Hillman
Referring Judge: Dean D Pregerson
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 14, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 14, 2015 Opinion or Order Filing 31 MINUTE ORDER (IN CHAMBERS) by Judge Dean D. Pregerson granting #30 REQUEST to Dismiss Case: This matter comes before the Court on Plaintiff's Stipulation of Voluntary Dismissal (DOCKET NUMBER 30). Having considered the papers filed in support of the instant Stipulation, and for good cause shown, the Court GRANTS the Stipulation. The above-captioned action shall be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (bm)
October 13, 2015 Filing 30 First REQUEST to Dismiss Case by Stipulation of the Parties filed by Plaintiff Duck Dive. (Attachments: #1 Proposed Order on Stipulation for Voluntary Dismissal) (Palecek, Thomas)
June 23, 2015 Filing 29 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 order) (lc)
June 23, 2015 Opinion or Order Filing 28 ORDER REMOVING CASE FROM ACTIVE CASELOAD by Judge Dean D. Pregerson. (Made JS-6. Case Terminated.) (lc)
March 27, 2014 Opinion or Order Filing 27 ORDER GRANTING PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION against defendant and its agents (see document for specifics) #19 by Judge Dean D. Pregerson . (lc) .Modified on 3/27/2014 (lc).
December 16, 2013 Filing 26 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: RE OTION FOR PRELIMINARY INJUNCTION FILED BY PLAINTIFF DUCK DIVE #19 . Court hears oral argument and takes the matter under submission.Court Reporter: Maria Bustillos. (lc)
December 11, 2013 Filing 25 OBJECTION to Reply Declaration of Thomas Winn re: MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im #19 filed by Defendants Duck Dive Gastorpub, Inc., Michaeline Heydari. (Attachments: #1 Proposed Order)(Furutani, John)
December 10, 2013 Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Thomas W Palecek counsel for Plaintiff Duck Dive. Adding Thomas W. Palecek as attorney as counsel of record for DUCK DIVE, LP for the reason indicated in the G-123 Notice. Filed by Attorney for Plaintiff Thomas W. Palecek. (Attorney Thomas W Palecek added to party Duck Dive(pty:pla))(Palecek, Thomas)
November 27, 2013 Filing 23 NOTICE OF ERRATA filed by Plaintiff Duck Dive. correcting Reply (Motion related),,, #21 (Roberts, Kristen)
November 27, 2013 Filing 22 [Corrected] Plaintiff's Objections to the Declaration of Michaeline Re and Nader Heydari in Support re: MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im #19 filed by Plaintiff Duck Dive. (Roberts, Kristen)
November 27, 2013 Filing 21 REPLY in Support of Motion for Preliminary Injunction MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im #19 filed by Plaintiff Duck Dive. (Attachments: #1 Declaration of Tom Winn in Support of Reply to Opposition, #2 Plaintiff's Objections to the Declaration of Michaeline Re and Nader Heydari, #3 Plaintiff's Response to Defendant's Objection to Declarations Filed by Plaintiff, #4 Proposed Order Regarding Plaintiff's Objections to the Declarations of Michaeline Re and Nader Heydari)(Roberts, Kristen)
November 25, 2013 Filing 20 Opposition Opposition re: MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need im #19 filed by Defendants Duck Dive Gastorpub, Inc., Michaeline Heydari. (Attachments: #1 Declaration of Nader Heydari ISO Opposition to Motion for Preliminary Injunction, #2 Declaration of Michaeline Re ISO Opposition to Motion for Preliminary INjunction, #3 Exhibit A-G to Declaration of Michaeline Re, #4 Exhibit H-L to Declaration of Michaeline Re, #5 Exhibit M to R to Declaration of Michaeline Re, #6 Request for Judicial Notice, #7 Objections to Declaration of Tom Winn, #8 Proposed Order re Objections to Declaration of Tom Winn)(Furutani, John)
November 18, 2013 Filing 19 NOTICE OF MOTION AND MOTION for Preliminary Injunction .. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this document after 5:00 Monday through Friday, on a weekend or holiday, and need immediate judicial review, please call 213-894-2485 to advise that a Preliminary Injunction has been electronically filed. Failure to call the courtroom deputy, or the after hours filing contact number, may result in a delay of judicial review. Motion filed by Plaintiff Duck Dive. Motion set for hearing on 12/16/2013 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction, #2 Declaration of Kristen G. Roberts in Support of Motion for Preliminary Injunction, #3 Declaration of Tom Winn in Support of Motion for Preliminary Injunction, #4 Exhibits 1-7, #5 Exhibits 8-15, #6 Proposed Order Granting Preliminary Injunction)(Roberts, Kristen)
October 30, 2013 Opinion or Order Filing 18 MINUTE ORDER (IN CHAMBERS) by Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D. Pregerson. Counsel are encouraged to review the Central District's website for additional information. The address is http://www.cacd.uscourts.gov. (mg)
October 29, 2013 Filing 17 NOTICE of Change of Attorney Business or Contact Information: for attorney Kristen G Roberts counsel for Plaintiff Duck Dive. Changing Attorney's Name to Kristen G. Roberts. Changing email to kroberts@sandiegolawfirm.com. Filed by Plaintiff Duck Dive, L.P.. (Roberts, Kristen)
October 22, 2013 Filing 16 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:13-CV-01477- BTM BLM from USDC, Southern District of California at San Diego. The above-referenced case has been transferred to this district and assigned the Civil Case Number: CV 13-7791 DDP (SHx). (Attachments: #1 CV-18)(ghap)
October 22, 2013 Filing 15 ORIGINAL file, certified copy of transfer order and docket sheet received from California Southern
October 21, 2013 Opinion or Order Filing 14 ORDER Granting Defendant's #7 Motion to Change Venue. Case transferred to District of Central District of California, Western Division. Original file, certified copy of transfer order, and docket sheet sent. Signed by Judge Barry Ted Moskowitz on 10/21/2013. (rlu) [Transferred from California Southern on 10/22/2013.]
October 11, 2013 Filing 13 MINUTE ORDER, Motions Submitted #7 MOTION to Change Venue (no document attached) (rfm) [Transferred from California Southern on 10/22/2013.]
October 3, 2013 Filing 12 REPLY to Response to Motion re #7 MOTION to Change Venue filed by Duck Dive Gastorpub, Inc., Michaeline Heydari. (Attachments: #1 Proof of Service)(Furutani, John) (rlu). [Transferred from California Southern on 10/22/2013.]
September 26, 2013 Filing 11 RESPONSE in Opposition re #7 MOTION to Change Venue filed by Duck Dive. (Attachments: #1 Exhibit Exhibits 1 and 2, #2 Proof of Service Certificate of Service)(Gonzales, Kristen) (rlu). [Transferred from California Southern on 10/22/2013.]
September 10, 2013 Opinion or Order Filing 10 ORDER Vacating Early Neutral Evaluation Conference scheduled for 10/9/2013 at 9:30 AM. Signed by Magistrate Judge Barbara Lynn Major on 9/9/2013.(rlu)(jrd) [Transferred from California Southern on 10/22/2013.]
August 29, 2013 Filing 9 CERTIFICATE OF SERVICE by Duck Dive Gastorpub, Inc., Michaeline Heydari re #7 MOTION to Change Venue , #6 Answer to Complaint (Furutani, John) (rlu). [Transferred from California Southern on 10/22/2013.]
August 28, 2013 Opinion or Order Filing 8 NOTICE AND ORDER for Early Neutral Evaluation Conference: Early Neutral Evaluation set for 10/9/2013 at 9:30 AM in the chambers of Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 8/28/2013.(rlu)(jrd) [Transferred from California Southern on 10/22/2013.]
August 28, 2013 Filing 7 MOTION to Change Venue by Duck Dive Gastorpub, Inc., Michaeline Heydari. (Attachments: #1 Declaration of Michaeline Heydari in support of Motion for Change of Venue)(Furutani, John)Attorney John A Furutani added to party Duck Dive Gastorpub, Inc.(pty:dft) qc email re lacking pos on 8/29/2013 (rlu). [Transferred from California Southern on 10/22/2013.]
August 28, 2013 Filing 6 ANSWER to Complaint by Duck Dive Gastropub, Inc. and by Michaeline Heydari.(Furutani, John)Attorney John A Furutani added to party Michaeline Heydari(pty:dft) qc email re lacking pos on 8/29/2013 (rlu). [Transferred from California Southern on 10/22/2013.]
August 15, 2013 Filing 5 WAIVER OF SERVICE Returned Executed by Duck Dive, as to Michaeline Heydari. (Gonzales, Kristen) (jao). [Transferred from California Southern on 10/22/2013.]
July 23, 2013 Filing 4 WAIVER OF SERVICE Returned Executed by Duck Dive, as to Duck Dive Gastorpub, Inc.. (Gonzales, Kristen) (rlu). [Transferred from California Southern on 10/22/2013.]
June 26, 2013 Filing 3 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cxl)(av1). [Transferred from California Southern on 10/22/2013.]
June 26, 2013 Filing 2 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *85/889133*, *85/888258*, *85/897367*, *85/890380* cc:USPTO (cxl) (av1). [Transferred from California Southern on 10/22/2013.]
June 26, 2013 Filing 1 COMPLAINT with Jury Demand against Does 1 through 50, Duck Dive Gastorpub, Inc., Michaeline Heydari ( Filing fee $ 400 receipt number 0974-6041819.), filed by Duck Dive. (Attachments: #1 Civil Cover Sheet)The new case number is 3:13-cv-01477-BTM-BLM. Judge Barry Ted Moskowitz and Magistrate Judge Barbara Lynn Major are assigned to the case. (Gonzales, Kristen)(cxl).(Additional attachment(s) added on 6/26/2013: #2 Exhibit 's 1 - 5) (cxl).(av1). [Transferred from California Southern on 10/22/2013.]

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Defendant: Does 1 through 50
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Defendant: Michaeline Heydari individually doing business as The Duck Dive doing business as Duck Dive Gastropub, Inc
Represented By: John A Furutani
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Defendant: Duck Dive Gastorpub, Inc. a California Corporation doing business as Duck Dive Gastropub doing business as Duck Dive Gastropub Malibu
Represented By: John A Furutani
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Plaintiff: Duck Dive
Represented By: Kristen G Roberts
Represented By: Thomas W Palecek
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