Crafty Productions, Inc. et al v. Fuqing Sanxing Crafts Co. Ltd. et al
| Crafty Productions, Inc. and Crafty Productions, LLC |
| Fuqing Sanxing Crafts Co. Ltd., Tony Zhu, MRF Associates, Inc., Michelle Faherty, The Michaels Companies, Inc., Plaid Enterprises, Inc., Hobby Lobby, Inc., Sbars, Inc., A.C. Moore Arts & Crafts, Inc., 99 Cents Only Stores, Inc., Dollar Tree, Inc., Jo-Ann Stores, LLC, Party City Holdings, Inc., Party City Corporation, ZheJiang HongYe Co. Ltd., Fuzhou Bomy Trading Co., Ltd., Fuzhou Great Suns Co. Ltd. and Sunface Crafts Co. Ltd. |
| 3:2015cv00719 |
| April 1, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cynthia Bashant |
| Jill L. Burkhardt |
| Copyright |
| 17 U.S.C. ยง 0101 Copyright Infringement (definitions) |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
257
ORDER granting Defendants' 246 Motion to Dismiss Third Amended Complaint for Failure to State a Claim. Court dismisses all causes of action with prejudice, this concludes the litigation in this matter. The Clerk is instructed to enter judgment and close the file. Signed by Judge Cynthia Bashant on 12/5/2019. (jah)
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Filing
241
ORDER granting Defendants' 233 Motion to Dismiss for Failure to State a Claim. Court grants Defendants' Motion to Dismiss in its entirety. Court grants Plaintiffs leave to amend. Plaintiffs are granted leave to amend their trade dress cl aims. Court will grant Plaintiffs one final opportunity to amend their intentional interference and unfair competition claims to the extent they can show the claims are not preempted. Plaintiffs may file an amended complaint by 7/8/2019. Signed by Judge Cynthia Bashant on 6/10/2019. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
231
ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION re 220 . Signed by Judge Cynthia Bashant on 11/7/2018. (All non-registered users served via U.S. Mail Service)(sjm)
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Filing
228
ORDER granting in part Plaintiffs Craft Productions, Inc. and Crafty Productions, LLC's 219 Motion for Judgment and to Confirm Arbitration Award; denying Defendant Fuqing Sanxing Crafts Co. Ltd's 222 Motion to Stay Execution of Arbitration Award. Court confirms the arbitration award but denies Plaintiffs' request for costs. Signed by Judge Cynthia Bashant on 9/13/2018. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
215
ORDER granting 84 Defendant Fuqing Sanxing Crafts Co. Ltd's Motion to Compel Arbitration; terminating 89 Defendant Fuqing Sanxing Crafts Co. Ltd's Motion to Dismiss and Motion to Disqualify; staying action; administratively closing ac tion. the Court GRANTS Fuqings motion to compel arbitration (ECF No. 84). The Court ORDERS the Company, CPI, and Fuqing to proceed to arbitration in the manner provided for in the Operating Agreements arbitration provision. See 9 U.S.C. § 4. Fur ther, because the Court has granted Fuqings motion to compel arbitration, the Court TERMINATES Fuqings motion to dismiss and motion to disqualify (ECF No. 89). Fuqing may renew these motions in the forthcoming arbitration between the parties. In addi tion, the Court STAYS this action as to all parties and all claims. See 9 U.S.C. § 3. During the duration of the stay, any time period for which the Company and CPI must amend their First Amended Complaint shall be TOLLED. (See Order Grant Mot. to Dismiss, ECF No. 214 at 14:14-15.) Last, the Court directs the Clerk of the Court to ADMINISTRATIVELY CLOSE this case. The decision to administratively close this case pending resolution of the arbitration does not have any jurisdictional effect. See Dees v. Billy, 394 F.3d 1290, 1294 (9th Cir. 2005) ([A] district court order staying judicial proceedings and compelling arbitration is not appealable even if accompanied by an administrative closing. An order administratively closing a case is a docket management tool that has no jurisdictional effect.) Signed by Judge Cynthia Bashant on 9/30/2016. (acc)
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Filing
214
ORDER granting 90 Defendants' Motion to Dismiss. the Court GRANTS DISMISSES WITH LEAVE TO AMEND all claims asserted against The Michaels Companies, Inc. and Michaels Stores, Inc., and Hobby Lobby Stores, Inc. If Plaintiffs choose to file an amended complaint, they must do so no later than 21 days after the issuance of this order. Signed by Judge Cynthia Bashant on 9/29/2016. (acc)
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