Enrique Carino v. Jesus Padilla et al
| Enrique Carino |
| Jesus Padilla, Jose Ventura Pineda, Brenda Padilla, Larios Enterprises Inc, Rafael Antonio Larios, Felix Hilario, Mario Hilario and Does 1-10 |
| 2:2012cv08492 |
| October 3, 2012 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Margaret A Nagle |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 35 BILL OF COSTS Deficiency Notice Filed. The following deficiency was noted on the Application to the Clerk to Tax Costs filed 6/26/2013 #33 : L.R. 54-2.2 Hearing should be noticed before the clerk's designee and not the judge. Counsel is to re-notice the corrected hearing information. This document reflects the correct entered date of 6/14/2013. However, counsel is advised to file an amended notice, using the docketing event Responses/Replies/Other Motion Related Documents - Notice of Motion, and reset the matter on calendar before the Clerk of Court. (gk) |
| Filing 34 BILL OF COSTS Deficiency Notice Filed. The following deficiency was noted on the Application to the Clerk to Tax Costs filed 6/26/2013 #32 : L.R. 54-2.2 Hearing should be noticed before the clerk's designee and not the judge. Counsel is to re-notice the corrected hearing information. (gk) |
| Filing 33 Corrected APPLICATION to the Clerk to Tax Costs against defendants Rafael Antonio Larios, Larios Enterprises Inc, Brenda Padilla, Jesus Padilla, Jose Ventura Pineda re: Default Judgment, Permanent Injunction,,,,,,,,,, #30 , filed by plaintiff Enrique Carino. Application set for hearing on 7/12/2013 at 11:00 AM before Judge Dolly M. Gee. (Eyre, Steven) |
| Filing 32 APPLICATION to the Clerk to Tax Costs against defendants Rafael Antonio Larios, Larios Enterprises Inc, Brenda Padilla, Jesus Padilla, Jose Ventura Pineda filed by plaintiff Enrique Carino. Application set for hearing on 7/12/2013 at 11:00 AM before Judge Dolly M. Gee. (Eyre, Steven) |
| Filing 31 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Default Judgment and Permanent Injunction) (gk) |
| Filing 30 DEFAULT JUDGMENT AND PERMANENT INJUNCTION by Judge Dolly M. Gee: Plaintiff Enrique Carino's Motion for entry of Default Judgment and Permanent Injunction #28 is granted. Default judgment is hereby entered against defendants Jose Ventura Pineda, Jesus Padilla, Brenda Padilla, Larios Enterprises, Inc., a California corporation, and Rafael Antonio Larios and in favor of plaintiff Enrique Carino on his claims for trademark infringement, trademark dilution, and commercial disparagement under the Lanham Act, 15 U.S.C. Section 1125, and trade name infringement and dilution under Cal. Bus. & Prof. Code Sections 14330 et seq. and 14402 et seq. Defendants Jose Ventura Pineda, Jesus Padilla, Brenda Padilla, Larios Enterprises, Inc., a California corporation, and Rafael Antonio Larios, and each of them, and their respective agents, servants, employees, and co-venturers, and all persons in active concert or participation with defendants who receive actual notice of this order by personal service or otherwise, are hereby PERMANENTLY ENJOINED re the mark "Grupo Miramar," etc. Plaintiff Enrique Carino is awarded his costs of suit in an amount to be determined by the Clerk of the Court. See document for details of injunction. ( MD JS-6. Case Terminated ) (gk) |
| Filing 29 MINUTES OF Motion Hearing held before Judge Dolly M. Gee: Plaintiff's Motion for Default Judgment #28 is GRANTED. A default judgment and permanent injunction shall be entered against Defendants Pineda, Jesus Padilla, Brenda Padilla, Larios, and Larios Enterprises, Inc. At the hearing on the motion for default judgment, pursuant to Plaintiff's oral motion, the Court dismissed, without prejudice, all claims against Defendants Felix Hilario and Mario Hilario as well as the remaining claims against all defendants for interference with prospective business advantage and an accounting. Court Reporter: Anne Kielwasser. (gk) |
| Filing 28 NOTICE OF MOTION AND MOTION for Default Judgment against defendants Jesus Padilla, Jose Ventura Pineda, Brenda Padilla, Rafael Antonio Larios, Larios Enterprises, Inc. filed by plaintiff Enrique Carino. Motion set for hearing on 6/14/2013 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Enrique Cario, #3 Declaration of Adrian Solano, #4 Declaration of Steven J. Eyre, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Proposed Order Default Judgment and Permanent Injunction)(Eyre, Steven) |
| Filing 27 DEFAULT BY CLERK as to Defendant Larios Enterprises, Inc., re #23 . (gk) |
| Filing 26 DEFAULT BY CLERK as to Defendant Rafael Antonio Larios, re #22 . (gk) |
| Filing 25 DEFAULT BY CLERK as to Defendant Felix Hilario, re #21 . (gk) |
| Filing 24 DEFAULT BY CLERK as to Defendant Mario Hilario, re #20 . (gk) |
| Filing 23 REQUEST for Clerk to Enter Default against defendant Larios Enterprises Inc filed by plaintiff Enrique Carino. (Eyre, Steven) |
| Filing 22 REQUEST for Clerk to Enter Default against defendant Rafael Antonio Larios filed by plaintiff Enrique Carino. (Eyre, Steven) |
| Filing 21 REQUEST for Clerk to Enter Default against defendant Felix Hilario filed by plaintiff Enrique Carino. (Eyre, Steven) |
| Filing 20 REQUEST for Clerk to Enter Default against defendant Mario Hilario filed by plaintiff Enrique Carino. (Eyre, Steven) |
| Filing 19 PROOF OF SERVICE Executed by Defendant Enrique Carino, upon Defendant Larios Enterprises Inc served on 12/12/2012, answer due 1/2/2013. Service of the Summons and Complaint were executed upon Rafael Antonio Larios, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Eyre, Steven) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Enrique Carino, upon Defendant Rafael Antonio Larios served on 12/12/2012, answer due 1/2/2013. Service of the Summons and Complaint were executed upon Rafael Larios in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Eyre, Steven) |
| Filing 17 DEFAULT BY CLERK as to Defendant Brenda Padilla, re #12 . (gk) |
| Filing 16 DEFAULT BY CLERK as to Defendant Jose Ventura Pineda, re #11 . (gk) |
| Filing 15 DEFAULT BY CLERK as to Defendant Jesus Padilla re #10 . (gk) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Enrique Carino, upon Defendant Mario Hilario served on 12/8/2012, answer due 12/29/2012. Service of the Summons and Complaint were executed upon Mario Hilario in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Eyre, Steven) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Enrique Carino, upon Defendant Felix Hilario served on 12/8/2012, answer due 12/29/2012. Service of the Summons and Complaint were executed upon Felix Hilario in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Eyre, Steven) |
| Filing 12 REQUEST for Clerk to Enter Default against defendant Brenda Padilla filed by plaintiff Enrique Carino. (Eyre, Steven) |
| Filing 11 REQUEST for Clerk to Enter Default against defendant Jose Ventura Pineda filed by plaintiff Enrique Carino. (Eyre, Steven) |
| Filing 10 REQUEST for Clerk to Enter Default against defendant Jesus Padilla filed by Enrique Carino Enrique Carino. (Eyre, Steven) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Enrique Carino, upon Defendant Brenda Padilla served on 11/4/2012, answer due 11/25/2012. Service of the Summons and Complaint were executed upon Jesus Padilla, occupant in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy. Original Summons NOT returned. (Eyre, Steven) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Enrique Carino, upon Defendant Jesus Padilla served on 10/20/2012, answer due 11/10/2012. Service of the Summons and Complaint were executed upon Jesus Padilla in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Eyre, Steven) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff Enrique Carino, upon Defendant Jose Ventura Pineda served on 10/20/2012, answer due 11/10/2012. Service of the Summons and Complaint were executed upon Jose Ventura Pineda in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Eyre, Steven) |
Filing 6
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge John F. Walter, for the reasons set forth on this order. Related Case No. CV 02-07947 JFW(SSx) (rn)
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| ALIAS SUMMONS issued as to Defendants Jesus Padilla, Jose Ventura Pineda, Brenda Padilla, Larios Enterprises, Inc., Rafael Antonio Larios, Felix Hilario, Mario Hilario, Does 1-10. (gk) |
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Filing 5
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (im)
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| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(ghap) |
| Filing 3 REPORT ON THE FILING OF AN ACTION Regarding a Trademark (Initial Notification) filed by Enrique Carino. (ghap) |
| Filing 2 CERTIFICATION AND NOTICE Re of Interested Parties filed by Plaintiff Enrique Carino. (ghap) (ds). |
| Filing 1 COMPLAINT against Defendants Does 1-10, Felix Hilario, Mario Hilario, Rafael Antonio Larios, Larios Enterprises Inc, Brenda Padilla, Jesus Padilla, Jose Ventura Pineda.Case assigned to Judge Dolly M. Gee for all further proceedings. Discovery referred to Magistrate Judge Margaret A. Nagle.(Filing fee $ 350:PAID) Jury Demanded., filed by plaintiff Enrique Carino.(ghap) (ds). (Additional attachment(s) added on 10/9/2012: #1 Issued Alias Summons on Complaint) (gk). |
| 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Felix Hilario, Mario Hilario, Rafael Antonio Larios, Larios Enterprises Inc, Brenda Padilla, Jesus Padilla, Jose Ventura Pineda. (ghap) |
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