Quiksilver, Inc. et al v. Overseas Trading Group, LLC et al
| Guru Denim, Inc. and Quiksilver, Inc. |
| Ivan Barenbaum, Beall's, Inc., Conley National, Does, Overseas Trading Group, LLC, Michael Smith and Mitchell Weissman |
| 2:2010cv04109 |
| June 2, 2010 |
| US District Court for the Central District of California |
| Percy Anderson |
| Patrick J. Walsh |
| Trademark |
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The following documents for this case are available for you to view or download:
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Filing
40
PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. See document for details. (gk)
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Filing
28
ORDER TO SHOW CAUSE by Judge Percy Anderson. Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 120 days after the complaint is filed. Fed. R. Civ. P. 4(m). In the present case, it appears that this time period has not been met. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before December 14, 2010, why this action should not be dismissed for lack of prosecu tion as to defendant, Mitchell Weissman ("Weissman"). Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of plaintiffs response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint as to Weissman. IT IS SO ORDERED. (ag)
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Filing
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MINUTES OF ORDER TO SHOW CAUSE by Judge Percy Anderson: Based on the factual allegations in the Complaint, it does not appear that there is a question of fact or law common to all Plaintiffs or all Defendants. Nor is it clear that Plaintiffs' cl aims against Defendants arise out of the same transaction or occurrence. Rather, it appears that Quicksilver and Guru Denim are suing different groups of Defendants for what may amount to separate instances of infringement. The Court therefore orders Plaintiff to show cause in writing, no later than 6/18/2010, why one or more parties should not be dropped from this case for improper joinder. In response to this Order to Show Cause, Plaintiffs may, if they so choose, file separate actions against Defendants, with new complaints and filing fees. Court Reporter: N/A. (gk)
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