UL LLC v. The Space Chariot Inc. et al
| UL LLC |
| John Does, Donabelle Escarez Mortel, The Space Chariot Inc. and Kevin Walker |
| 2:2016cv08172 |
| November 3, 2016 |
| US District Court for the Central District of California |
| Alexander F. MacKinnon |
| Christina A. Snyder |
| Other Statutory Actions |
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Filing
96
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder RE: Notice of Relief from Automatic Stay and Request for Decision on Fully Briefed Motion for Partial Summary Judgment 94 . On 4/20/2017, the Court granted plaintiff UL LLC's ("UL") m otion for partial summary judgment on its first and second claims (trademark infringement and counterfeit of registered marks) as against Space Chariot (the "Summary Judgment Order") 81 . On 6/20/2017, UL filed a notice that the U.S. Bankr uptcy Court had lifted the automatic stays imposed by 11 U.S.C. Section 362 so that UL could pursue relief against Walker and Mortel. The Court lifts the stay of this action as to Walker and Mortel. UL requests that the Court grant partial summary ju dgment against Walker and Mortel, as requested in its original motion 50 . Now that the Bankruptcy Court's automatic stay has been lifted, the Court GRANTS UL's motion for partial summary judgment as against Walker and Mortel. In the Summa ry Judgment Order, the Court awarded UL statutory damages in the amount $1,000,000. Walker and Mortel are now jointly and severally liable for damages to UL. In the Court's Sanctions Order, the Court directed defendants to account for $ ;42,500 in dissipated assets on or before 4/17/2017. Defendants have failed to do so. The Court directs defendants to account for the dissipated assets on or before 7/28/2017. Failure to do so may result in the imposition of additional sanctions. Court Reporter: Not Present. (gk)
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Filing
92
JUDGMENT FOR PLAINTIFF AGAINST THE SPACE CHARIOT, INC. by Judge Christina A. Snyder: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Judgment is hereby entered for Plaintiff and against Defendant The Space Chariot Inc.; Plaintiff is awarded and shal l recover from Space Chariot statutory damages of $1,000,000; and prejudgment interest of $21,479.45. Plaintiff shall recover costs from Space Chariot. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Space Chariot and its officers, agents , servants, employees, and attorneys, and all others in active concert or participation therewith, are hereby permanently enjoined and restrained re Plaintiff's UL Marks, etc. The remaining Counts in Plaintiff's Complaint against Space Char iot--i.e., Counts 3, 4, and 5--are hereby dismissed as to Space Chariot only, provided, however, that the Court shall have continuing jurisdiction over this matter as to Space Chariot for the purpose of determining and enforcing the pending sanction awards for Plaintiff against Space Chariot. This Judgment does not apply to and does not affect the remaining defendants or the claims currently pending against them. See document for further details. (gk)
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Filing
86
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: On 4/20/2017, the Court (a) stayed this action as to Walker and Mortel, pursuant to their petitions to the Bankruptcy Court; (b) granted UL's motion for partial summary judgment as to its first and second claims for relief; and (c) denied Space Chariot's motion for leave to file a third-party complaint 81 . The Court ordered UL to file a proposed judgment as to Space Chariot forthwith. On 5/12/2017, UL filed a status report and a req uest for clarification 85 . UL requests clarification as to whether it should submit a proposed judgment or await resolution of its relief-from-stay motions now pending before the Bankruptcy Court. Consistent with the Court's 4/20/2017 order, U L shall file a proposed judgment against Space Chariot forthwith because it appears that Space Chariot is not subject to the automatic stay. Similarly, and consistent with the Court's 4/10/2017 order, UL may seek to recover attorneys' fees and costs from Space Chariot. Finally, Space Chariot remains obligated to comply with the 4/10/2017 order. In the event that the Bankruptcy Court grants UL relief from the automatic stay, UL may proceed as appropriate against Walker and Mortel. Court Reporter: Not Present. (gk)
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Filing
81
MINUTES (IN CHAMBERS) - DEFENDANT THE SPACE CHARIOT'S MOTION FOR LEAVE TO FILE THIRD-PARTY COMPLAINT; PLAINTIFF UL'S MOTION FOR PARTIAL SUMMARY JUDGMENT by Judge Christina A. Snyder: The Court DENIES Space Chariot's motion for leave to file a third-party complaint against Deep Vapes 49 , The Court GRANTS UL's motion for partial summary judgment as against Space Chariot 50 and AWARDS UL statutory damages in the amount of $1,000,000. UL shall submit a judgment as to Space Chariot forthwith. Court Reporter: Not Present. (gk)
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Filing
74
MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE: Plaintiff UL's Motion for Civil Contempt and Sanctions 57 . The Court finds defendants in contempt of the TRO and the Preliminary Injunction. In light of the character and magn itude of defendants' violations of the TRO and Preliminary Injunction and the necessity of deterring defendants' conduct in violation of the Court's orders, the Court GRANTS UL's request and (1) Orders an asset freeze--with the ex ception of ordinary living expenses and rent as provided under the Preliminary Injunction--effective immediately, until defendants' satisfactorily comply with the Court's orders; (2) Orders defendants to produce--on or before 4/17/2017--all bank statements, accounting, and income records in their possession, custody, and control from 7/1/2015 to present. (3) Orders defendants to produce--on or before 4/17/2017--all documents relating to spacechariotca.com and any other websites they cr eated, owned, or controlled that bear counterfeit UL marks; (4) Orders defendants to produce--on or before 4/17/2017--all documents related to any internet hosts, domain name registrars, and financial institutions with whom defendants have a relation ship; and (5) Awards costs and attorneys' fees incurred by UL for issuing subpoenas to third party banks to obtain defendants' bank records, for investigating the dispersing of defendants' assets, and for filing its motion and reply. I n addition, the Court orders defendants to account for the $42,500 in dissipated assets, specifying the amounts paid to third parties and the identity of the third-party recipients of such payments, and providing documents that support this acco unting. Defendants shall provide such an accounting on or before 4/17/2017. Accordingly, the Court directs UL to submit a request for attorneys' fees and costs on or before 4/24/2017, specifying the amount they seek to recover. Defendants shall file an opposition to this request on or before 5/8/2017. In accordance with the foregoing, the Court GRANTS UL's motion for contempt and sanctions. Court Reporter: Laura Elias. (gk)
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Filing
53
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court DENIES without prejudice Defendants The Space Chariot, Kevin Walker, and Donabelle Escarez Mortel's Ex Parte Application to Continue the Hearing on Plaintiff UL's Motion for Part ial Summary Judgment 51 . Defendants may renew their request upon the submission of an affidavit pursuant to Federal Rule of Civil Procedure Rule 56(d), which requires defendants to "show by affidavit or declaration that,for specified reasons, [they] cannot present facts essential to justify [their] opposition[.]" Fed. R. Civ. P. 56(d) (emphasis added). In light of the briefing schedule on plaintiffs motion for summary judgment, the Court DIRECTS defendants to file a Rule 56(d) motion and affidavit on or before 3/2/2017. Court Reporter: Not Present. (gk)
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Filing
12
MINUTES (IN CHAMBERS) UL'S APPLICATION TO FILE UNDER SEAL; and UL'S APPLICATION FOR A SEIZURE ORDER by Judge Christina A. Snyder: The Court is in receipt of UL's ex parte application for a temporary restraining order, seizure order, ex pedited discovery, and order to show cause re: preliminary injunction 4 . UL has requested to file this case under seal as required by 15 U.S.C. Section 1116(d)(8) 8 . Plaintiff's application for a seizure order is DENIED without prejudice. Be cause plaintiff's request to file under seal is premised upon its application for a seizure order, plaintiff's application to file under seal is DENIED. The interests of justice do not require that UL's ex parte application be heard wi thout notice to defendant. Accordingly, plaintiff is ordered to provide notice to defendant of this action. Plaintiff shall inform defendant that defendant shall have 48 hours from the date of delivery of the moving papers to file and serve their opposition papers, if any. The Court reserves ruling on plaintiff's application for a temporary restraining order, expedited discovery, and order to show cause re: preliminary injunction. Court Reporter: Not Present. (gk)
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