Joshua Homme v. Kyuss Lives Inc et al
| Joshua Homme, Scott Reeder and Kyuss Partnership |
| Kyuss Lives Inc, Kyuss Lives Recording LLC, John Garcia, Brant Bjork and Does 1-10 inclusive |
| Les J Weinstein |
| 2:2012cv02009 |
| March 9, 2012 |
| US District Court for the Central District of California |
| David T Bristow |
| S James Otero |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on February 11, 2013. A more recent docket listing may be available from PACER.
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| Filing 61 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 consent judgment) (lc) |
| Filing 60 STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION by Judge S. James Otero : Defendants Kyuss Lives Inc, Kyuss Lives Recording LLC, Brant Bjork, John Garcia permanently restrained and enjoined from using the name Kyuss eitherby itself or as part of any band name at any time in the future, subject to thefollowing two exceptions (see document for specifics).All claims, counter-claims, and defenses in this action are hereby resolved and dismissed by this Stipulated Consent Judgment and Permanent Injunction. ( MD JS-6. Case Terminated ) (lc) |
| Filing 59 STIPULATION for Permanent Injunction as to Defendants filed by Plaintiffs Joshua Homme, Kyuss Partnership, Scott Reeder. (Attachments: #1 Proposed Order [Proposed] Stipulated Consent Judgment and Permanent Injunction)(Miller, Gabriel) |
| Filing 58 STIPULATION to Extend Discovery Cut-Off Date to January 15, 2013 filed by Defendants and Cross-Complainants Kyuss Lives Inc. (Attachments: #1 Proposed Order [Proposed] Order Continuing Discovery Cut-Off and Expert Disclosure Deadlines)(Gutman, Alan) |
| Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #55 . PDF is of a bond. The following error(s) was found: Incorrect event and incorrect procedure selected. Bond has to be taken to civil intake for review and signature, if filed, bond will be docketed by clerk. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 55 NOTICE of Posting Injunction Bond filed by Plaintiffs Joshua Homme, Kyuss Partnership, Scott Reeder. (Miller, Gabriel) |
| Filing 57 BOND ON INJUNCTION, Bond No. 2161212 from North American Specialty Insurance Company in the amount of $ 200,000.00 posted by Plaintiff Joshua Homme (lc) |
Filing 54
ORDER by Judge S. James Otero, re Stipulation #53 the deadline for Plaintiffs to post a $200,000 bond, as per the Courts August 13, 2012, Order Granting In Part And Denying In Part Plaintiffs Motion for Preliminary Injunction, is continued from September 26, 2012, to October 26, 2012; and The Courts August 13, 2012, Order Granting In Part And Denying In Part Plaintiffs Motion for Preliminary Injunction shall otherwise remain in full force and effect. (lc)
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| Filing 53 Second STIPULATION for Extension of Time to File Plaintiffs' Deadline to Post a Bond re Preliminary Injunction filed by Plaintiff Joshua Homme, Kyuss Partnership, Scott Reeder. (Attachments: #1 Proposed Order)(Miller, Gabriel) |
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Filing 52
ORDER by Judge S. James Otero, re Stipulation #51 The deadline for Plaintiffs to post a $200,000 bond, as per the Courts August 13, 2012, Order Granting In Part And Denying In Part Plaintiffs Motion for Preliminary Injunction, is continued from August 27, 2012, to September 26, 2012; and The Courts August 13, 2012, Order Granting In Part And Denying In Part Plaintiffs Motion for Preliminary Injunction shall otherwise remain in full force and effect. (lc)
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| Filing 51 Joint STIPULATION for Extension of Time to File Plaintiffs' Deadline to Post a Bond re Preliminary Injunction filed by Plaintiff Joshua Homme, Kyuss Partnership, Scott Reeder. (Attachments: #1 Proposed Order)(Miller, Gabriel) |
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Filing 50
MINUTES (IN CHAMBERS): ORDER by Judge S. James Otero: granting in part and denying in part #25 Plaintiffs Motion for Preliminary Injunction. 1. Defendants are preliminarily enjoined from using the Kyuss Mark in commerce unless the word "Lives" immediately follows the word "Kyuss" in equally prominent lettering; 2. Defendants are preliminary enjoined from using the Kyuss Lives Mark in conjunction with any musical album, studio album, live musical performance album, or other audio or visual recording; 3. Notwithstanding this preliminary injunction, Defendants are permitted to make truthfulfactual statements that utilize the word "Kyuss," such as referring to Garcia and Bjork as former members of the band Kyuss; and 3. Plaintiffs shall post a $200,000 bond within 14 calendar days of the date of this order (lc)
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| Filing 49 Notice of Loding Original Deposition Transcripts of John Garcia and Brant Bjork re MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 filed by Plaintiff Joshua Homme. (Miller, Gabriel) |
| Filing 48 OBJECTIONS TO EVIDENCE AND ARGUMENT SUBMITTED BY PLAINTIFFS FOR THE FIRST TIME WITH REPLY PAPERS in opposition to re: MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 filed by Defendant Kyuss Lives Inc. (Gutman, Alan) |
| Filing 47 DECLARATION of Joshua Homme in support of reply re MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 filed by Plaintiff Joshua Homme. (Miller, Gabriel) |
| Filing 46 REPLY in support of MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 filed by Plaintiff Joshua Homme. (Attachments: #1 Appendix Request for Judicial Notice, #2 Supplement Evidentiary Objections, #3 Declaration of Gabriel Miller, #4 Declaration of Scott Reeder)(Miller, Gabriel) |
| Filing 45 MINUTES (IN CHAMBERS) by Judge S. James Otero: The Court finds this matter suitable for disposition without oral argument and vacates the hearingre. MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS #25 , set for July 30, 2012. See Fed. R. Civ. P. 78(b). (lc) |
| Filing 44 NOTICE OF LODGING filed as to Lodging of Deposition Transcript of Joshua Homme, as per Local Rule 32-1, re MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 (Attachments: #1 Exhibit Local Rule 16-2.7 Chart of Designations & Objections)(Miller, Gabriel) |
| Filing 43 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Les J Weinstein has been assigned to serve as Panel Mediator. (mb) |
| Filing 42 MEMORANDUM in Opposition to MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 [revised pursuant to Order dated July 13, 2012] filed by Defendant Kyuss Lives Inc. (Gutman, Alan) |
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Filing 41
ORDER DENYING Request to Cross-Examine Declarants #40 by Judge S. James Otero. DENIED by Order of the Court. (sch)
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| Filing 40 NOTICE of Request to Cross-Examine Declarants John Garcia and Brant Bjork pursuant to Local Rule 7-8 filed by Plaintiffs and Counter-Defendants Joshua Homme, Kyuss Partnership, Scott Reeder. (Attachments: #1 Proposed Order)(Miller, Gabriel) |
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Filing 39
ORDER by Judge S. James Otero: granting #26 Application to Substitute Attorney Bert H Deixler for Joshua Homme, Scott Reeder and for Kyuss Partnership in place and instead of Victor K Sapphire. (lc)
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| Filing 38 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING DEFENDANTS' EX PARTE APPLICATIONTO EXCEED PAGE LIMITATION #36 ; ORDER DENYING PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE HEARING DATE #34 .Defendants must submit a 20-page brief in opposition to Plaintiffs' Motion for Preliminary Injunction, in a non-narrow font, with appropriately-sized footnotes on or before July 20, 2012. Plaintiffs' reply brief is due July 27, 2012. (lc) |
| Filing 37 ANSWER TO FIRST AMENDED COUNTERCLAIMS filed by Plaintiffs and Counter-Defendants Joshua Homme, Kyuss Partnership, Scott Reeder.(Sapphire, Victor) |
| Filing 36 EX PARTE APPLICATION to Exceed Page Limitation opposition memorandum filed by Defendants Brant Bjork, John Garcia, Kyuss Lives Inc, Kyuss Lives Recording LLC. (Attachments: #1 Declaration Declaration of John Juenger, #2 Proposed Order Proposed Order)(Juenger, John) |
| Filing 35 MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue Hearing Date of Preliminary Injunction Motion from July 30, 2012 to August 20, 2012 #34 filed by Defendant Kyuss Lives Inc. (Attachments: #1 Declaration of Alan S. Gutman in support of Opposition to Ex Parte Application to Continue Hearing Date)(Gutman, Alan) |
| Filing 34 EX PARTE APPLICATION to Continue Hearing Date of Preliminary Injunction Motion from July 30, 2012 to August 20, 2012 filed by Plaintiffs Joshua Homme, Kyuss Partnership, Scott Reeder. (Attachments: #1 Declaration of Bert H. Deixler, #2 Declaration of Gabriel D. Miller, #3 Declaration of Victor K. Sapphire, #4 Proposed Order)(Sapphire, Victor) |
| Filing 33 Evidentiary Objections in Opposition to Declarations of Joshua Homme and Scott Reeder re: MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 filed by Defendant Kyuss Lives Inc. (Gutman, Alan) |
| Filing 32 DECLARATION of Alan S. Gutman in Opposition to MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 filed by Defendant Kyuss Lives Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gutman, Alan) |
| Filing 31 DECLARATION of Steven W. Webb in Opposition to MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 filed by Defendant Kyuss Lives Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gutman, Alan) |
| Filing 30 DECLARATION of Brant Bjork in Opposition to MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 filed by Defendant Kyuss Lives Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gutman, Alan) |
| Filing 29 DECLARATION of John Garcia in Opposition to MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 filed by Defendant Kyuss Lives Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gutman, Alan) |
| Filing 28 MEMORANDUM in Opposition to MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. If this is filed during normal business hours, please contact the courtroom deputy assigned to the judge. If you are filing this do #25 filed by Defendant Kyuss Lives Inc. (Gutman, Alan) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to Substitute attorney Bert H. Deixler in place of attorney Victor K. Sapphire #26 . The following error(s) was found: Erroneous Hearing which is not required for the G-06 form, nor does one appear on the pdf. Note clerk has TERMED ONLY the erroneous hearing and the request remains pending the Judges ruling. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 26 APPLICATION to Substitute attorney Bert H. Deixler in place of attorney Victor K. Sapphire filed by Plaintiffs Joshua Homme, Kyuss Partnership, Scott Reeder. Application set for hearing on 8/6/2012 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Proposed Order)(Miller, Gabriel) |
| Filing 25 NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining Defendants from using any name or mark containing the trademark KYUSS.. 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 Plaintiffs and Counter-Defendants Joshua Homme, Kyuss Partnership, Scott Reeder. Motion set for hearing on 7/30/2012 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Joshua Homme, #3 Declaration of Scott Reeder, #4 Proposed Order)(Sapphire, Victor) |
| Filing 24 AMENDED ANSWER to first amended complaint #22 ; and COUNTERCLAIM against Joshua Homme filed by defendant Brant Bjork, Kyuss Lives Inc, Kyuss Lives Recording LLC, John Garcia. (lc) (lc). |
| Filing 23 PLAINTIFFS AND COUNTER-DEFENDANTS' ANSWER TO COUNTERCLAIMS filed by Plaintiffs and Counter-Defendants Joshua Homme, Kyuss Partnership, Scott Reeder.(Sapphire, Victor) |
| Filing 22 ANSWER to First Amended Complaint #19 , COUNTERCLAIM against Joshua Homme; Jury Demand filed by defendant Brant Bjork, Kyuss Lives Inc, Kyuss Lives Recording LLC, John Garcia.(lc) (lc). |
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Filing 21
ORDER/REFERRAL to ADR Procedure No 2 by Judge S. James Otero. Case ordered to Court Mediation Panel for mediation. (sch)
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| Filing 20 MINUTES OF Scheduling Conference held before Judge S. James Otero. The Court held a Scheduling Conference, setting the following dates: Last Date to File a Motion or Stipulation to Amend or Add Parties: 6/29/2012; Discovery Cut-off: 12/19/2012; Motion Hearing Cut-off: 1/28/2013 at 10:00 a.m.; Pretrial Conference: 3/11/2013 at 9:00 a.m.; Jury Trial: 3/19/2013 at 9:00 a.m.; Settlement Conference referred to ADR. All discovery dispute to be brought before magistrate judge assigned to the case; parties reminded of requirements of FRCP 26-1(a); counsel are advised all pretrial documents (as listed) must be filed in compliance with Court's Initial Standing Order. Court Recorder: CS 5/29/12. (sch) |
| Filing 19 FIRST AMENDED COMPLAINT against defendants Kyuss Lives Inc, Kyuss Lives Recording LLC, John Garcia, Brant Bjork, Does 1-10, amending Complaint - (Discovery) #1 Jury Demand,filed by plaintiffs Joshua Homme, Scott Reeder, Kyuss Partnership (lc) |
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Filing 18
MINUTE ORDER (IN CHAMBERS): ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT #1 by Judge S. James Otero. The Court GRANTS Plaintiff's Motion to Amend the Complaint. Plaintiffs must file a First Amended Complaint on or before May 28, 2012. See order for details. (cch)
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| Filing 17 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Joshua Homme, Counter Defendant Joshua Homme.. (Attachments: #1 Schedule of Pretrial Dates)(Sapphire, Victor) |
| Filing 16 REPLY in Support MOTION to AMEND Complaint - (Discovery), Complaint - (Discovery) #1 MOTION to AMEND Complaint - (Discovery), Complaint - (Discovery) #1 #14 filed by Plaintiff Joshua Homme. (Attachments: #1 Declaration of Victor K. Sapphire)(Sapphire, Victor) |
| Filing 15 OPPOSITION opposition re: MOTION to AMEND Complaint - (Discovery), Complaint - (Discovery) #1 MOTION to AMEND Complaint - (Discovery), Complaint - (Discovery) #1 #14 filed by Defendants Brant Bjork, John Garcia, Kyuss Lives Inc, Kyuss Lives Recording LLC. (Attachments: #1 Exhibit A)(Juenger, John) |
| Filing 14 NOTICE OF MOTION AND MOTION to AMEND Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiff Joshua Homme. Motion set for hearing on 5/29/2012 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Declaration of Victor K. Sapphire, #2 Proposed Order)(Sapphire, Victor) |
| Filing 13 PLAINTIFF AND COUNTER-DEFENDANT JOSHUA HOMME'S ANSWER TO COUNTERCLAIMS; DEMAND FOR JURY TRIAL filed by Plaintiff and Counter-Defendant Joshua Homme.(Sapphire, Victor) |
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Filing 12
MINUTE ORDER (IN CHAMBERS) by Judge S. James Otero: Scheduling Conference set for 5/29/2012 at 08:30 AM; Rule 26 Meeting Report due by 5/14/2012; in order to assist counsel, court has included a schedule form for pretrial dates to be completed by counsel and submitted in conjunction with their rule 26(f) report; if case is part of ADR program, counsel must confer and jointly complete ADR Pilot Program Questionnaire and to file it concurrently with the Joint Rule 26(f) report; plaintiff counsel directed to give notice of scheduling conference to all parties. (sch)
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| Filing 11 CERTIFICATE of Interested Parties filed by defendants Brant Bjork, John Garcia, Kyuss Lives Inc, Kyuss Lives Recording LLC, (lc) (lc). |
| Filing 10 ANSWER to Complaint - (Discovery), Complaint - (Discovery) #1 with JURY DEMAND, COUNTERCLAIM against Joshua Homme filed by defendant Brant Bjork, Kyuss Lives Recording LLC, Kyuss Lives Inc, John Garcia.(lc) (lc). |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days) #8 . The following error(s) was found: Proof of Service requires a cover sheet. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (afe) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Joshua Homme, upon Defendant John Garcia served on 3/12/2012, answer due 4/2/2012. Service of the Summons and Complaint were executed upon John Garcia, defendant in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Sapphire, Victor) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff Joshua Homme, upon Defendant Kyuss Lives Recording LLC served on 3/9/2012, answer due 3/30/2012. Service of the Summons and Complaint were executed upon Ronald Kramer, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Sapphire, Victor) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiff Joshua Homme, upon Defendant Kyuss Lives Inc served on 3/9/2012, answer due 3/30/2012. Service of the Summons and Complaint were executed upon Ronald Kramer, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Sapphire, Victor) |
| Filing 5 INITIAL STANDING ORDER FOR CASES ASSIGNED TO Judge S. James Otero. Read This Order Carefully. It Controls This Case and Differs in Some Respects From the Local Rules. (See Order for Details). (sch) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 3 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Joshua Homme. (et) |
| Filing 2 CERTICATION AND NOTICE of Interested Parties filed by Plaintiff Joshua Homme. (et) (mg). |
| Filing 1 COMPLAINT against Defendants Brant Bjork, Does 1-10 inclusive, John Garcia, Kyuss Lives Inc, Kyuss Lives Recording LLC. Case assigned to Judge S. James Otero for all further proceedings. Discovery referred to Magistrate Judge David T. Bristow. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Joshua Homme. (et) (mg). |
| Filing 1 COMPLAINT against Defendants Brant Bjork, Does 1-10 inclusive, John Garcia, Kyuss Lives Inc, Kyuss Lives Recording LLC. Case assigned to Judge S. James Otero for all further proceedings. Discovery referred to Magistrate Judge David T. Bristow. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Joshua Homme. (et) (mg). |
| 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Brant Bjork, John Garcia, Kyuss Lives Inc, Kyuss Lives Recording LLC. (et) |
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