Uptime Sports Nutrition Inc. et al v. Up Energy Drink LLC
Plaintiff: Uptime Energy Inc. and Uptime Sports Nutrition Inc.
Defendant: Up Energy Drink LLC, Christian Guzman, Max V Clemons and Trey J. Steiger
Case Number: 2:2017cv04396
Filed: June 13, 2017
Court: US District Court for the Central District of California
Presiding Judge: Jacqueline Chooljian
Referring Judge: John F Walter
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 27, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2018 Filing 75 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Stipulation) (iv)
March 27, 2018 Filing 74 Joint STIPULATION to Dismiss Case pursuant to FED. R. CIV. P. 41(a)(1) (A)(ii) AND 41(c) filed by Plaintiff Uptime Energy Inc..(Taylor, Jennifer)
March 14, 2018 Opinion or Order Filing 73 ORDER TO RELEASE BOND #72 by Judge John F. Walter. For good cause showing, the parties' stipulated request to release bond is hereby GRANTED. The Clerk is directed to release and return the posted bond in the amount of $50,000.00, and any interest accrued, to Uptime Energy Inc. (iv)
March 13, 2018 Filing 72 Joint STIPULATION for Order to Release Bond filed by Plaintiff Uptime Energy Inc.. (Attachments: #1 Proposed Order to Release Bond)(Taylor, Jennifer)
March 12, 2018 Filing 71 DECLARATION of Jennifer Lee Taylor re Text Only Scheduling Notice,, 70 filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer)
March 8, 2018 Filing 70 Text Entry Order: The Court has reviewed the Declaration of Joseph Leventhal in Response to the Courts March 6, 2018 Order, filed March 7, 2018 (Docket No. #68 ), and concludes that counsel has raised several issues that require a response from Plaintiffs counsel. Accordingly, lead counsel for Plaintiff shall file a response to the Declaration of Joseph Leventhal by March 12, 2018. The Court is particularly troubled by Plaintiffs alleged unwillingness to identify its purported new evidence of market confusion.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
March 8, 2018 Filing 69 REPORT of Joint Report Regarding Settlement filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer)
March 7, 2018 Filing 68 DECLARATION of Joseph Leventhal re Text Only Scheduling Notice,, 67 in Response to The Court's March 6, 2018 Order (Doc. No. 67) filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Leventhal, Joseph)
March 6, 2018 Filing 67 Text Entry Order: The Court has reviewed the Joint Report Regarding Counsel Conference Regarding Motions filed March 1, 2018 (Docket No. #63 ) and concludes that it fails to adequately describe Defendants position. Simply stating that [D]efendants did not offer any compromise that would obviate this motion is not helpful and certainly not consistent with Local Rule 7-3 or the Courts Standing Order. Accordingly, on or before March 7, 2018, Defendants counsel shall file a declaration fully explaining his position and why the contemplated Motions cannot be resolved. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
March 6, 2018 Filing 66 DECLARATION of Joseph Leventhal re Text Only Scheduling Notice, 65 in Response to The Court's March 5, 2018 Order (Doc No. 65) filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Leventhal, Joseph)
March 5, 2018 Filing 65 Text Entry Order: The Court has reviewed the Joint Report Regarding Results of Settlement Conference filed March 2, 2018 and orders defense counsel to file a declaration by March 7, 2017 explaining why Christian Guzman did not participate in person at the February 26, 2018 mediation.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
March 2, 2018 Filing 64 RESULTS REPORT of Settlement Conference filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC, Counter Claimants Max V Clemons, Christian Guzman, Up Energy Drink LLC. (Leventhal, Joseph)
March 1, 2018 Filing 63 REPORT of Joint Report Regarding Counsel Conference Regarding Motions filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer)
February 6, 2018 Opinion or Order Filing 62 ORDER TO EXTEND MEDIATION DEADLINE #60 by Judge John F. Walter. The stipulated request to extend the mediation deadline to February 28, 2018 is hereby GRANTED. The stipulated request to extend the deadline to file a joint report setting forth the results of this mediation to March 3, 2018 is also hereby GRANTED. (iv)
February 5, 2018 Filing 61 CERTIFICATE OF SERVICE filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC, re Defendants' Disclosure Pursuant to FRCP 26(a)(2)(C); Expert Witness Report Submitted by Scot A. Duvall dated February 5, 2018 served on 2/5/2018. (Leventhal, Joseph)
February 5, 2018 Filing 60 Joint STIPULATION to Reschedule Mediation Deadline filed by Plaintiff Uptime Energy Inc.. (Attachments: #1 Proposed Order to Extend Mediation Deadline)(Taylor, Jennifer)
January 3, 2018 Filing 59 DECLARATION of Trey Steiger re Preliminary Injunction,,,,, Notice of Document Discrepancies and Order - Rejecting,,,,, Set/Clear Flags,,,, #56 filed by Defendant Up Energy Drink LLC. (Leventhal, Joseph)
December 8, 2017 Filing 58 FINANCIAL ENTRY: Received $50,000.00 from Uptime Energy, Inc.. Re: Notice (Other) #57 . Receipt number L164248. (bm)
December 8, 2017 Filing 57 NOTICE OF DEPOSIT filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer)
December 5, 2017 Opinion or Order Filing 56 PLAINTIFF UPTIME ENERGY INC.S PRELIMINARY INJUNCTION ORDER by Judge John F. Walter: Until the conclusion of a trial in this litigation or further order of the Court,Defendants, their partners, officers, directors, employees, agents, and representatives, and all persons, firms and corporations in active concert or participation with any of them are further ordered to immediately remove any YouTube or other online videos that any of them posted that include a photograph, drawing, or other depiction of the white bottle that Defendants used for their UP energy drinks starting in or about May 2017 or bottle that is confusingly similar to the UPTIME Trade Dress. Defendants are directed to file with this Court and serve upon Plaintiff within thirty (30) days after entry of this Order a single report in writing under oath setting forth in detail the manner and form in which Defendants have complied with the injunction, as set forth above. (NOTE CHANGES MADE BY COURT. SEE DOCUMENT FOR FURTHER DETAILS) (yl)
November 22, 2017 Filing 55 NOTICE OF LODGING filed re Order on Motion for Preliminary Injunction,,,,, #53 (Attachments: #1 Proposed Preliminary Injunction)(Leventhal, Joseph)
November 22, 2017 Filing 54 JOINT STATEMENT of Regarding Proposed Preliminary Injunction Orders NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 filed by Plaintiff Uptime Energy Inc.. (Attachments: #1 Proposed Order)(Taylor, Jennifer)
November 16, 2017 Opinion or Order Filing 53 MINUTES (IN CHAMBERS): ORDER GRANTING, in part, and DENYING in part, Plaintiff's Motion for Preliminary Injunction #35 by Judge John F. Walter: The Court concludes that Plaintiff is entitled to a preliminary injunction with respect to the UPTIME Trade Dress. Plaintiff has carried its burden and has clearly demonstrated (1) a likelihood of success on the merits of its trade dress infringement claim; (2) a likelihood of irreparable harm if a preliminary injunction is not granted; (3) that the balance of equities tips in its favor; and (4) that a preliminary injunction is in the publics interest. Accordingly, the Court GRANTS Plaintiffs Motion as to its requested Order (2) The balance of the Motion is DENIED. The parties are ordered to meet and confer in person and agree on a joint proposed Preliminary Injunction which is consistent with this Order. The parties shall lodge the joint proposed Preliminary Injunction with the Court on or before November 22, 2017. In the unlikely event that counsel are unable to agree upon a joint proposed Preliminary Injunction, the parties shall each submit separate versions of a proposed Preliminary Injunction along with a Joint Statement setting forth their respective positions no later than November 22, 2017. (jp)
November 2, 2017 Opinion or Order Filing 52 MINUTES (IN CHAMBERS): ORDER TAKING UNDER SUBMISSION Plaintiff Uptime Energy Inc's Motion for Preliminary Injunction #35 by Judge John F. Walter: Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for 11/6/2017 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (jp)
October 25, 2017 Filing 51 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 , Notice of Lodging, #50 , Objection/Opposition (Motion related),,, #43 (Attachments: #1 Exhibit Up Energy Drinks LLC's Proposed Statement of Decision Re Uptime Energy Inc.'s Motion for Preliminary Injunction)(Leventhal, Joseph)
October 25, 2017 Filing 50 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 (Attachments: #1 Exhibit PLAINTIFF UPTIME ENERGY INC.S PROPOSED STATEMENT OF DECISION RE: MOTION FOR PRELIMINARY INJUNCTION)(Taylor, Jennifer)
October 23, 2017 Filing 49 PLAINTIFF UPTIME ENERGY INC.S EVIDENTIARY OBJECTIONS TO DEFENDANTS DECLARATIONS IN SUPPORT OF OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION re NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer)
October 23, 2017 Filing 48 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 filed by Plaintiff Uptime Energy Inc.. (Attachments: #1 Declaration of Jennifer Lee Taylor In Support of Plaintiff Uptime Energy Inc.s Reply In Support of Motion for Preliminary Injunction, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Larson, Sabrina)
October 20, 2017 Opinion or Order Filing 47 SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Jury Trial set for 6/26/2018 at 8:30 AM before Judge John F. Walter., Pretrial Conference set for 6/8/2018 at 10:00 AM before Judge John F. Walter. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. (jp)
October 20, 2017 Opinion or Order Filing 46 ORDER VACATING SCHEDULING CONFERENCE AND REFERRAL TO PRIVATE MEDIATION by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on October 30, 2017 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants aredismissed at this time.The Court, having considered the parties Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: 2/6/2018. The Joint Report re: Results of Settlement Conference due on: 2/9/2018. (jp)
October 18, 2017 Filing 45 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiff Uptime Energy Inc... (Taylor, Jennifer)
October 17, 2017 Filing 44 ANSWER to Counterclaim with JURY DEMAND filed by Plaintiff Uptime Energy Inc..(Taylor, Jennifer)
October 16, 2017 Filing 43 Up Energy Drinks LLCs Opposition to Uptime Energy Inc.s Motion for a Preliminary Injunction Motion for a Preliminary Injunction re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Attachments: #1 Declaration of Christian Guzman, #2 Declaration of Chadi Adada, #3 Declaration of Guis Hilu, #4 Declaration of Max Clemons, #5 Declaration of Michelle Browning Couglin, #6 Exhibit A to Michelle Browning Couglin Declaration, #7 Declaration of Joseph Leventhal, #8 Exhibit A to Joseph Leventhal's Declaration, #9 Exhibit B to Joseph Leventhal Declaration, #10 Declaration of Randy Roddy, #11 Declaration of Trey Steiger, #12 Exhibit A to Trey Steiger's Declaration)(Leventhal, Joseph)
October 16, 2017 Opinion or Order Filing 42 DENIED BY ORDER OF THE COURT by Judge John F. Walter re Stipulation to Continue #41 . The Court will set dates based on the joint report and no appearance will be necessary. (jp)
October 13, 2017 Filing 41 STIPULATION to Continue Scheduling Conference from October 30, 2017 to November 6, 2017 at 1:30 pm or November 6, 2017 at 8:30 am filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Attachments: #1 Proposed Order)(Leventhal, Joseph)
October 13, 2017 Opinion or Order Filing 40 ORDER by Judge John F. Walter. The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Proposed Document was not submitted as separate attachment. (jloz)
October 12, 2017 Filing 39 STIPULATION to Continue Scheduling Conference from October 30, 2017 At 8:30 a.m. to November 6, 2017 at 1:30 p.m. or Alternatively November 6, 2017 at 8:30 a.m. filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC.(Leventhal, Joseph)
October 11, 2017 Filing 38 DECLARATION of Joseph S. Leventhal Lead Trial Counsel re Compliance with Local Rules Governing Electronic Filing filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Leventhal, Joseph)
October 9, 2017 Filing 37 DECLARATION of Joseph S. Leventhal on Behalf of Defendant and Counterclaimants Up Energy Drinks, LLC, Christian Guzman, Max V. Clemons, and Trey Steiger Regarding Meet and Confer Regarding Motion For Preliminary Injunction NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion #35 filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC. (Attorney Joseph S Leventhal added to party Max V Clemons(pty:dft), Attorney Joseph S Leventhal added to party Christian Guzman(pty:dft), Attorney Joseph S Leventhal added to party Trey J. Steiger(pty:dft), Attorney Joseph S Leventhal added to party Up Energy Drink LLC(pty:dft))(Leventhal, Joseph)
October 9, 2017 Filing 36 Defendants DISCLOSURE of Statement Per FRCP 7.1(a) and Notice of Interested Parties Per L.R. 7.1-1 filed by Defendants Max V Clemons, Christian Guzman, Trey J. Steiger, Up Energy Drink LLC (Leventhal, Joseph)
October 9, 2017 Filing 35 NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendants from using Plaintiff's trademark and trade dress . Motion filed by Plaintiff Uptime Energy Inc.. Motion set for hearing on 11/6/2017 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities In Support of Motion for Preliminary Injunction, #2 Declaration of Benjamin Kim In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Declaration of Sabrina Larson In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #18 Exhibit 1, #19 Exhibit 2, #20 Exhibit 3, #21 Exhibit 4, #22 Exhibit 5, #23 Declaration of Chris Spiegel In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #24 Exhibit A, #25 Declaration of Pierce Brooks In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #26 Exhibit 1, #27 Proposed Order Granting Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction) (Taylor, Jennifer)
October 5, 2017 Filing 34 DECLARATION of Kathiana Aurelien Regarding Meet and Confer Regarding NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendant from using Plaintiff's trademark and trade dress . Motion #28 filed by Plaintiff Uptime Energy Inc.. (Aurelien, Kathiana)
October 5, 2017 Filing 33 PROOF OF SERVICE Executed by Plaintiff Uptime Energy Inc., upon Defendant Christian Guzman served on 10/5/2017, answer due 10/26/2017. Service of the Summons and Complaint were executed upon Christian Guzman in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Taylor, Jennifer)
October 2, 2017 Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Joshua M Heinlein counsel for Defendant Up Energy Drink LLC. Joshua M. Heinlein is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Up Energy Drinks, LLC, MAX V. CLEMONS, TRY STEIGER and CHRISTIAN GUZMAN. (Heinlein, Joshua)
September 28, 2017 Filing 31 PROOF OF SERVICE filed by Plaintiff Uptime Energy Inc., re Order,,, Set/Reset Hearing,, #26 served on 09/28/2017. (Taylor, Jennifer)
September 26, 2017 [DUPLICATIVELY ENTRY NUMBER #30 ANSWER...] and COUNTERCLAIM against Counter Defendants Uptime Energy Inc., with JURY DEMAND, filed by Defendants, Counter Claimants Christian Guzman, Up Energy Drink LLC, Max V Clemons. (jp)
September 26, 2017 Filing 30 ANSWER to Amended Complaint/Petition, #14 JURY DEMAND. and Counterclaim filed by Defendant Up Energy Drink LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Heinlein, Joshua)
September 26, 2017 Filing 29 Text Entry Order: Plaintiffs Motion for Preliminary Injunction, filed on September 25, 2017 (Docket No. #28 ), is STRICKEN for failure to comply with Local Rule 7-3, which requires the conference of counsel to take place at least seven days prior to the filing of the Motion and paragraph 5(b) of the Courts Standing Order, which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. If Plaintiff wishes to re-file the Motion, counsel shall meet and confer in person by October 3, 2017. If the parties cannot resolve the issues raised in the Motion, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and the issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a motion remains necessary, it shall not be filed until 2 days after each party files the declarations required by this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
September 25, 2017 Filing 28 *Stricken* NOTICE OF MOTION AND MOTION for Preliminary Injunction re restraining and enjoining Defendant from using Plaintiff's trademark and trade dress . Motion filed by Plaintiff Uptime Energy Inc.. Motion set for hearing on 10/23/2017 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities In Support of Motion for Preliminary Injunction, #2 Declaration of Sabrina Larson In Support of Plaintiff Uptime Energy Inc.s, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Declaration of Pierce Brooks In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #9 Exhibit 1, #10 Declaration of Benjamin Kim In Support of Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Exhibit D, #15 Exhibit E, #16 Exhibit F, #17 Exhibit G, #18 Exhibit H, #19 Exhibit I, #20 Exhibit J, #21 Exhibit K, #22 Exhibit L, #23 Exhibit M, #24 Exhibit N, #25 Proposed Order Granting Plaintiff Uptime Energy Inc.s Motion for Preliminary Injunction) (Taylor, Jennifer) Modified on 9/26/2017 (sr).
September 22, 2017 Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Kathiana Aurelien counsel for Plaintiff Uptime Energy Inc.. Adding Kathiana Aurelien as counsel of record for Plaintiff Uptime Energy Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Uptime Energy Inc.. (Attorney Kathiana Aurelien added to party Uptime Energy Inc.(pty:pla))(Aurelien, Kathiana)
September 12, 2017 Opinion or Order Filing 26 COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for October 30, 2017 at 8:30 a.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before October 18, 2017. (jloz)
September 5, 2017 Filing 25 ANSWER to Amended Complaint/Petition, #14 with JURY DEMAND filed by Defendant Max V Clemons, Trey J. Steiger, Up Energy Drink LLC.(Attorney Joshua M Heinlein added to party Max V Clemons(pty:dft), Attorney Joshua M Heinlein added to party Trey J. Steiger(pty:dft), Attorney Joshua M Heinlein added to party Up Energy Drink LLC(pty:dft))(Heinlein, Joshua)
August 18, 2017 Filing 24 PROOF OF SERVICE Executed by Plaintiff Uptime Energy Inc., upon Defendant Up Energy Drink LLC served on 8/14/2017, answer due 9/5/2017. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Taylor, Jennifer)
August 18, 2017 Filing 23 PROOF OF SERVICE Executed by Plaintiff Uptime Energy Inc., upon Defendant Trey J. Steiger served on 8/14/2017, answer due 9/5/2017. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Taylor, Jennifer)
August 18, 2017 Filing 22 PROOF OF SERVICE Executed by Plaintiff Uptime Energy Inc., upon Defendant Max V Clemons served on 8/14/2017, answer due 9/5/2017. Service of the Summons and Complaint were executed upon Max V. Clemons in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Taylor, Jennifer)
July 31, 2017 Filing 21 21 DAY Summons Issued re First Amended Complaint #14 as to defendant Trey J. Steiger. (jp)
July 31, 2017 Filing 20 21 DAY Summons Issued re First Amended Complaint #14 as to defendant Max V Clemons. (jp)
July 31, 2017 Filing 19 21 DAY Summons Issued re First Amended Complaint #14 as to defendant Christian Guzman. (jp)
July 31, 2017 Opinion or Order Filing 18 ORDER by Judge John F. Walter GRANTING Request for approval of Substitution of Attorney Jennifer Lee Taylor for Plaintiffs Uptime Sports Nutrition Inc., in place and stead of attorneys David S Shukan and Jeffrey B Valle #12 . (jp)
July 28, 2017 Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition, #14 filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer)
July 28, 2017 Filing 16 Request for Clerk to Issue Summons on Amended Complaint/Petition, #14 filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer)
July 28, 2017 Filing 15 Request for Clerk to Issue Summons on Amended Complaint/Petition, #14 filed by Plaintiff Uptime Energy Inc.. (Taylor, Jennifer)
July 28, 2017 Filing 14 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #4 , filed by Plaintiff Uptime Energy Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Attorney Jennifer Lee Taylor added to party Uptime Energy Inc.(pty:pla))(Taylor, Jennifer)
July 28, 2017 Filing 13 NOTICE of Appearance filed by attorney Sabrina Larson on behalf of Plaintiff Uptime Energy Inc. (Attorney Sabrina Larson added to party Uptime Energy Inc.(pty:pla))(Larson, Sabrina)
July 28, 2017 Filing 12 NOTICE filed by Plaintiff Uptime Energy Inc., Uptime Sports Nutrition Inc.. of Request for Approval of Substitution or Withdrawal of Counsel (Attachments: #1 Proposed Order on Request for Approval of Substitution of Attorney)(Taylor, Jennifer)
June 23, 2017 Filing 11 DECLARATION of Lead Trial Counsel Re: Compliance With Local Rules Governing Electronic Filing filed by Plaintiffs Uptime Energy Inc., Uptime Sports Nutrition Inc.. (Valle, Jeffrey)
June 16, 2017 Opinion or Order Filing 10 STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (jp)
June 16, 2017 Filing 9 TEXT ONLY ENTRY by chambers of Judge John F. Walter. If not yet provided, courtesy copies of all case opening documents shall be delivered to chambers by 12:00 p.m. on June 19, 2017. (Refer to Court's Standing Order and Local Rule 5-4.5) Failure to comply may result in an Order to Show Cause re Dismissal and/or Sanctions for Failure to Comply with Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY
June 16, 2017 Filing 8 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Uptime Energy Inc., Uptime Sports Nutrition Inc.. (Valle, Jeffrey)
June 14, 2017 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #4 as to Defendant Up Energy Drink LLC. (car)
June 14, 2017 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
June 14, 2017 Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Jacqueline Chooljian. (car)
June 13, 2017 Filing 4 COMPLAINT with filing fee previously paid ($400.00 paid on 06/13/2017, receipt number 2631IRES), filed by Plaintiffs Uptime Sports Nutrition Inc., Uptime Energy Inc..(Valle, Jeffrey)
June 13, 2017 Filing 3 Plaintiffs' Disclosure Statement per FRCP 7.1(a) and NOTICE of Interested Parties filed by Plaintiffs Uptime Energy Inc., Uptime Sports Nutrition Inc., (Attorney Jeffrey B Valle added to party Uptime Energy Inc.(pty:pla), Attorney Jeffrey B Valle added to party Uptime Sports Nutrition Inc.(pty:pla))(Valle, Jeffrey)
June 13, 2017 Filing 2 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #1 filed by plaintiffs Uptime Energy Inc., Uptime Sports Nutrition Inc.. (Valle, Jeffrey)
June 13, 2017 Filing 1 CIVIL COVER SHEET filed by Plaintiffs Uptime Energy Inc., Uptime Sports Nutrition Inc.. (Valle, Jeffrey)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Central District Court's Electronic Court Filings (ECF) System

Search for this case: Uptime Sports Nutrition Inc. et al v. Up Energy Drink LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Up Energy Drink LLC
Represented By: Joseph S. Leventhal
Represented By: Joshua M Heinlein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Christian Guzman
Represented By: Joseph S. Leventhal
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Max V Clemons
Represented By: Joseph S. Leventhal
Represented By: Joshua M Heinlein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Trey J. Steiger
Represented By: Joseph S. Leventhal
Represented By: Joshua M Heinlein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Uptime Energy Inc.
Represented By: Jeffrey B Valle
Represented By: David S Shukan
Represented By: Jeffrey B. Valle
Represented By: Kathiana Aurelien
Represented By: Sabrina Larson
Represented By: Jennifer Lee Taylor
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Uptime Sports Nutrition Inc.
Represented By: Jeffrey B Valle
Represented By: David S Shukan
Represented By: Jeffrey B. Valle
Represented By: Jennifer Lee Taylor
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?