SevenFriday AG v. Ancon Watches Inc. et al
| SevenFriday AG |
| Alex Shen, Does 1-10, inclusive and Ancon Watches Inc. |
| 2:2014cv08612 |
| November 6, 2014 |
| U.S. District Court for the Central District of California |
| George H King |
| Frederick F Mumm |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 5, 2016. A more recent docket listing may be available from PACER.
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| Filing 44 JUDGMENT by Judge George H. King, in favor of SevenFriday AG against Alex Shen: NOTE CHANGES MADE BY THE COURT. Related to: Stipulation for Judgment #42 .IT IS HEREBY ORDERED AND DECREED pursuant to the Court's Order issued this date granting the Stipulation, that final judgment and permanent injunction is HEREBY ENTERED pursuant to Federal Rule of Civil Procedure 54(b) in favor of Plaintiff SevenFriday AG, and against Defendant Alex Shen. The Court shall retain jurisdiction over the parties at their request to construe, enforce, or implement the Court's Order granting the Stipulation. (bm) |
Filing 43
ORDER GRANTING STIPULATION FOR ENTRY OF JUDGMENT ON CONSENT AS TO DEFENDANT ALEX SHEN by Judge George H. King, re Stipulation for Judgment #42 : NOTE CHANGES MADE BY THE COURT. (bm)
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| Filing 42 STIPULATION for Judgment as to Defendant Alex Shen filed by Plaintiff SevenFriday AG. (Attachments: #1 Proposed Order, #2 Proposed Judgment)(Carteen, Lisa) |
| Filing 41 JUDGMENT by Judge George H. King, in favor of SevenFriday AG against Ancon Watches Inc.: Pursuant to Federal Rule of Civil Procedure 54(b), we expressly determine that final judgment as to Ancon SHALL be entered herewith as we determine there is no just reason for delay. Accordingly, pursuant to the Court's January 4, 2016 Order, IT IS ORDERED, ADJUDGED, AND DECREED that default judgment shall be entered in favor of Plaintiff SevenFriday AG against Defendant Ancon Watches Inc. ("Ancon"). Ancon is also hereby enjoined pursuant to 15 U.S.C. 1116 and 17 U.S.C. 502 as described in the January 4, 2016 Permanent Injunction issued simultaneously with this Judgment. The Court shall retain jurisdiction to hear any proceeding arising out of this Judgment and to construe, enforce, or implement this Judgment. (MD JS-6, Case Terminated). (bm) |
| Filing 40 PERMANENT INJUNCTION AGAINST DEFENDANT ANCON WATCHES INC. filed by Judge George H. King: Based on the findings and conclusions in the January 4, 2016 Civil Minute Order issued simultaneously with this Permanent Injunction, we rule as follows: Defendant Ancon and all of Ancon's officers, agents, servants, employees, attorneys, and all other persons who are in active concert or participation with them and who receive actual notice of this Order are hereby PERMANENTLY ENJOINED andRESTRAINED from: (see document for further details) (bm) |
| Filing 39 MINUTES (IN CHAMBERS) re: Application for Default Judgment by Court Against Ancon Watches Inc. [Dkt. 36] by Judge George H. King granting #36 APPLICATION for Default Judgment: For the foregoing reasons, Plaintiff's Application for default judgment against Ancon is hereby GRANTED. Accordingly, a Permanent Injunction is being issued simultaneously with this Order. Ancon SHALL be enjoined as described in this Permanent Injunction. (bm) |
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Filing 38
MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission #36 APPLICATION for Default Judgment: On the court's own motion, Plaintiff's Application for Default Judgment Against Ancon Watches, Inc. #36 , noticed for hearing on JANUARY 4, 2016, is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date pursuant to Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm)
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| Filing 37 NOTICE OF ERRATA filed by Plaintiff SevenFriday AG. correcting APPLICATION for Default Judgment against Defendant Ancon Watches, Inc. #36 Memorandum of Points and Authorities in Support of Default Judgment Against Ancon Watches Inc. and Declaration of Daniel Niederer in Support of Default Judgment ONLY (Carteen, Lisa) |
| Filing 36 APPLICATION for Default Judgment against Defendant Ancon Watches, Inc. filed by Plaintiff SevenFriday AG. Application set for hearing on 1/4/2016 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Courtni Moorman, #3 Declaration of Daniel Niederer, #4 Proposed Order) (Carteen, Lisa) |
| Filing 35 (Attorney Lisa I Carteen added to party SevenFriday AG(pty:pla))(Carteen, Lisa) |
| Filing 34 NOTICE of Settlement of Defendant Alex Shen SevenFriday AG. (Moorman, Courtni) |
| Filing 33 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Alex Shen, an individual (bm) |
| Filing 32 Second APPLICATION for Clerk to Enter Default against Defendant Alex Shen filed by Plaintiff SevenFriday AG. (Attachments: #1 Declaration of Courtni E. Moorman in support of application for entry of default as to Defendant Alex Shen) (Moorman, Courtni) |
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Filing 31
MINUTE ORDER IN CHAMBERS re: Notice of Termination of Automatic Stay as to Defendant Alex Shen [Dkt. 30] by Judge George H. King: In light of the termination of the bankruptcy stay as to Shen, Plaintiff is hereby DIRECTED to seek entry of default as to Shen within seven (7) days hereof or else show cause in writing, within the same seven days, why Shen should not be dismissed for Plaintiff's failure to diligently prosecute and failure to comply with our Order. Failure to timely request entry of default or show cause as required herein shall be deemed Plaintiff's abandonment of this action as to Shen, and this action will be dismissed as to Shen, without prejudice, for failure to prosecute and failure to comply with our Order. Plaintiff SHALL, within thirty (30) days after entry of default as to Shen, file a duly noticed and properly supported motion for default judgment as to both Defendants in full compliance with the Local Rules, or else show cause in writing, within the same thirty days, why this action should not be dismissed for Plaintiff's failure to diligently prosecute and failure to comply with our Orders. Failure to timely seek a default judgment or show cause as required herein shall be deemed Plaintiff's abandonment of this action, and this action will be dismissed, without prejudice, for failure to prosecute and failure to comply with our Order. (bm)
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| Filing 30 NOTICE SevenFriday AG. Notice of Termination of Automatic Stay as to Defendant Alex Shen (Attachments: #1 Exhibit A - Order and Notice of Dismissal)(Moorman, Courtni) |
| Filing 29 NOTICE of Change of Attorney Business or Contact Information: for attorney Courtni E Moorman counsel for Plaintiff SevenFriday AG. Changing attorney name to Courtni E. Moorman. Changing e-mail to cmoorman@bakerlaw.com. Filed by Plaintiff's counsel of record Courtni E. Moorman. (Moorman, Courtni) |
| Filing 28 NOTICE OF FILING BANKRUPTCY filed by Defendant Alex Shen. as to Alex Shen, Bankruptcy Court case number 2:15-bk-15226. (Altagen, Robert) |
| Filing 27 NOTICE OF FILING BANKRUPTCY filed by Defendant Alex Shen. as to Alex Shen, Bankruptcy Court case number 2:15-bk-15226. (Attachments: #1 Exhibit)(Tran, John) |
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Filing 26
(In Chambers) Order to Seek Entry of Default as to Defendant Alex Shen by Judge George H. King:On January 26, 2015, default was entered as to Defendant Alex Shen (Shen) because he hadnot responded to the Complaint in this action. (Dkt. 18.) On March 24, 2015, after Shen requestedrelief, we set the default aside but ordered Shen to respond to the Complaint within twenty-one daysthereof. (Dkt. 25.) That deadline has passed, and Shen has filed no response. Accordingly, PlaintiffSevenFriday AG (Plaintiff) is hereby DIRECTED to seek entry of default as to Shen within seven days hereof or else show cause in writing, within the same seven days, why Shen should not be dismissed for Plaintiffs failure to diligently prosecute and failure to comply with our Order. Failure to timely request entry of default or show cause as required herein shall be deemed Plaintiffs abandonment of action as to Shen, and this action will be dismissed as to Shen, without prejudice, for failure to prosecute and failure to comply with our Order. (Please see attached document for details.) (dgon)
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Filing 25
MINUTES (IN CHAMBERS) Order re: Defendant Alex Shen's Motion to Set Aside Default Judgement (Dkt. 22) by Judge George H. King granting #22 Motion to Set Aside Default: On January 26, 2015, default was entered as to Defendant Alex Shen ("Shen"). (Dkt. 18.) On February 25, 2015, Shen filed the above-captioned Motion, seeking to set aside a default judgment pursuant to Rule 60(b). (Dkt. 22.) No default judgment has been entered against Shen, but we will construe Shens Motion as seeking to set aside entry of default pursuant to Rule 55(c). Plaintiff SevenFriday AG ("Plaintiff") does not oppose setting aside entry of default as to Shen. (See Dkt. 24.) In light of the lack of opposition and finding good cause for relief under Rule 55(c), entry of default as to Shen is hereby SET ASIDE. Shen is ORDERED to file a response to the Complaint within twenty-one days hereof. The hearing set for this Motion on March 30, 2015 is VACATED and TAKEN OFF CALENDAR. (bm)
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| Filing 24 NOTICE OF NON-OPPOSITION to MOTION to Set Aside Default #22 as to Defendant Alex Shen filed by Plaintiff SevenFriday AG. (Thorpe, Courtni) |
| Filing 23 NOTICE of Appearance filed by attorney John D Tran on behalf of Defendant Alex Shen (Tran, John) |
| Filing 22 NOTICE OF MOTION AND MOTION to Set Aside Default filed by Defendant Alex Shen. Motion set for hearing on 3/30/2015 at 09:30 AM before Judge George H. King. (Attachments: #1 Declaration of Alex Shen in Support Thereof, #2 Proposed Order)(Attorney John D Tran added to party Alex Shen(pty:dft))(Tran, John) |
| Filing 21 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Ancon Watches Inc, a California corporation #20 . (lom) |
| Filing 20 APPLICATION for Clerk to Enter Default against Defendant Ancon Watches Inc. filed by Plaintiff SevenFriday AG. (Attachments: #1 Declaration of Courtni E. Thorpe in support of application for entry of default as to Defendant Ancon Watches Inc.)(Thorpe, Courtni) |
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Filing 19
MINUTE ORDER IN CHAMBERS by Judge George H. King: On January 21, 2015, the Court issued an order to stay the above case in light of the Bankruptcy petition filed by defendant Ancon Watches Inc. On January 23, 2015 plaintiff file a Notice of Termination of Automatic Stay. Accordingly, the stay is hereby LIFTED as to defendant Ancon Watches Inc., et al. On January 26, 2015 default was entered as to defendant Alex Shen. Court notes plaintiff has filed a proof of service as to defendant Ancon Watches Inc. Plaintiff is DIRECTED to request entry of default against Defendant Ancon Watches Inc., within seven (7) days hereof. If Plaintiff fails to request entry of default, plaintiff shall within the same seven (7) days, show cause, in writing, why the defendant should not be dismissed for plaintiff's failure to diligently prosecute and failure to comply with our order. (bm)
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| Filing 18 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Alex Shen (bp) |
| Filing 17 APPLICATION for Clerk to Enter Default against Defendant Alex Shen filed by Plaintiff SevenFriday AG. (Attachments: #1 Declaration of Courtni E. Thorpe in Support of Entry of Default as to Defendant Alex Shen)(Thorpe, Courtni) |
| Filing 16 NOTICE SevenFriday AG. Notice of Termination of Automatic Stay as to Defendant Ancon Watches Inc. (Attachments: #1 Exhibit A - Bankruptcy Court Docket)(Thorpe, Courtni) |
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Filing 15
MINUTE Order to Show Cause IN CHAMBERS by Judge George H. King: On November 6, 2014, Plaintiff SevenFriday AG (Plaintiff) filed this action, assertingcopyright and trademark infringement claims against Defendants Ancon Watches, Inc. (Ancon) andAlex Shen (Shen) (collectively, Defendants). On December 2, 2014, Plaintiff filed a proof ofservice indicating that it had served Defendants via substitute service on November 20, 2014. [Dkts. 12-13.] On December 12, 2014, Plaintiff filed a Notice of Filing Bankruptcy, which indicates that Anconhas filed for bankruptcy. [Dkt. 14.] Accordingly, this matter is STAYED as to Ancon pending theresolution of Ancons bankruptcy case.The docket reflects that Shen has failed to timely respond. Plaintiff is DIRECTED to requestentry of default against Shen within seven (7) days hereof. If Plaintiff fails to request entry of default,Plaintiff SHALL, within the same seven (7) days, show cause, in writing, why this action should not bedismissed as to Shen for Plaintiffs failure to diligently prosecute and failure to comply with our Order.Failure to timely request entry of default or show cause as required herein shall be deemed Plaintiff'sabandonment of its action against Shen, and the action will be dismissed, without prejudice, for failureto prosecute and failure to comply with our Order. (bp)
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| Filing 14 NOTICE OF FILING BANKRUPTCY filed by Plaintiff SevenFriday AG. as to Ancon Watches Inc., Bankruptcy Court case number 2:14-bk-31897-WB. (Attachments: #1 Exhibit First Page of Bankrtupcy Petition filed by Defendant Ancon Watches Inc.)(Thorpe, Courtni) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff SevenFriday AG, upon Defendant Alex Shen served on 12/1/2014, answer due 12/22/2014. Service of the Summons and Complaint were executed upon Rory Rodgers, Sales Representative at Alex Shen's office in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Thorpe, Courtni) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff SevenFriday AG, upon Defendant Ancon Watches Inc. served on 12/1/2014, answer due 12/22/2014. in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy. Original Summons NOT returned. (Thorpe, Courtni) |
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Filing 11
ORDER by Judge George H. King: granting #9 Motion to Appear Pro Hac Vice by Attorney Courtni E. Thorpe on behalf of Plaintiff, designating Christina J. Moser as local counsel. (lt)
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Filing 10
ORDER RE: CASE MANAGEMENT by Judge George H. King. READ IMMEDIATELY. This case has been assigned to the calendar of Chief Judge George H. King. Thecourt fully adheres to Rule 1 of the Federal Rules of Civil Procedure, which requires that the Rules be construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding.Counsel shall also be guided by the following special requirements, some ofwhich are more specific than those set out in the Local Rules. (See order for further details). (shb)
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| Filing 9 NOTICE OF MOTION AND First MOTION for to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-14747611 paid.) filed by Plaintiff SevenFriday AG. (Attachments: #1 Proposed Order)(Moser, Christina) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Alex Shen. (et) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Ancon Watches Inc. (et) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge George H. King and Magistrate Judge Frederick F. Mumm. (et) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff SevenFriday AG. (Moser, Christina) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 SevenFriday AG. (Moser, Christina) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff SevenFriday AG (Moser, Christina) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff SevenFriday AG. (Moser, Christina) |
| Filing 1 COMPLAINT Receipt No: 0973-14738351 - Fee: $400. (Attachments: #1 Exhibit A - Photos of Infringed Watches, #2 Exhibit B - Photos of Infringing Watches) (Attorney Christina J Moser added to party SevenFriday AG(pty:pla))(Moser, Christina) |
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