JOANNE FABRIC, INC. v. MARIGOLD FASHION, INC. et al
| JOANNE FABRIC, INC. and TROPICAL TEXTILE, INC. |
| THE DRESS BARN, INC., BRAD & ZOE, INC., PAPERDOLL WHOLESALE, LEMON TREE, INC., JIN HEE KANG LEE, DOES 1-10, inclusive,, SHOPTIQUES, INC., MARIGOLD FASHION, INC., FASHION ANGELES, INC., JIN HEE KANG LEE doing business as TRENDY STYLE, BRAD & ZOE, INC. doing business as PINKBLUSH MATERNITY, MARIGOLD FASHION, INC. doing business as Best N Best, MARIGOLD FASHION, INC. a California corporation doing business as Best N Best, JENNIFER O'ROURKE, ATHENA'S FASHION BOUTIQUE, LLC, YANG JIN KIM, Rachel Tan, Does 1-10, inclusive, LISA SNYDER, POSH BOUTIQUE LLC, ATHENA DEE CHAILLAUX, BRAD & ZOE, INC. a California corporation doing business as PINKBLUSH MATERNITY, J & S, LLC a Michigan Limited Liability Company doing business as Bling Boutique and JIN HEE KANG LEE an individual doing business as TRENDY STYLE |
| 2:2017cv06854 |
| September 18, 2017 |
| US District Court for the Central District of California |
| Manuel L Real |
| Alicia G Rosenberg |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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| Filing 59 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) Mailed copies to the Register of Copyrights. (Attachments: #1 Order of Dismissal) (gk) |
Filing 58
ORDER OF DISMISSAL BY LACK OF PROSECUTION by Judge Manuel L. Real: Plaintiff was ORDERED to show cause in writing no later than 5/22/2018 why this action should not be dismissed for lack of prosecution #56 . On 5/22/2018, Plaintiff filed a Declaration In Response to the Order to Show Cause Re Dismissal for lack of Prosecution. The Court FINDS that no good cause is shown. WHEREAS, the period has elapsed without any good cause shown to warrant an extension; The Court hereby DISMISSES this instant action for lack of prosecution. ( Case Terminated. Made JS-6. ) (gk)
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| Filing 57 DECLARATION of Chan Yong Jeong re Order to Show Cause #56 filed by Plaintiff TROPICAL TEXTILE, INC.. (Jeong, Chan) |
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Filing 56
ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Manuel L. Real. Response to Order to Show Cause due by 5/22/2018. Failure to file an appropriate response before the due date will result in the dismissal of this action. (cch)
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| Filing 55 NOTICE OF MOTION AND MOTION to Amend Amended Complaint/Petition, #25 for Leave to File Second Amended Complaint filed by Plaintiff TROPICAL TEXTILE, INC.. Motion set for hearing on 6/4/2018 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration of Chan Yong Jeong, #2 Exhibit, #3 [Proposed] Second Amended Complaint, #4 Proposed Order) (Jeong, Chan) |
| Filing 54 NOTICE of Change of other firm name or address information by Chan Yong Jeong attorney for Plaintiff JOANNE FABRIC, INC.. Changing fax number(213-315-5035). Filed by Plaintiff JOANNE FABRIC, INC.. (Jeong, Chan) |
| Filing 53 Effective April 19, 2018, Judge Rosenberg will be located at the Edward R. Roybal Federal Building, COURTROOM 550 on the 5th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 550 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil and criminal documents in paper format exempted from electronic filing and for viewing case files and other records services is located at the Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 180 (Terrace Level), Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 51 PROOF OF SERVICE Executed by Plaintiff TROPICAL TEXTILE, INC., upon Defendant Service of the Summons and Complaint were executed upon MS. MELISSA MALESBY, PERSON IN CHARGE AT LOCATION in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Jeong, Chan) |
| Filing 50 PROOF OF SERVICE Executed by Plaintiff TROPICAL TEXTILE, INC., upon Defendant Service of the Summons and Complaint were executed upon MELISSA MALESBY in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Jeong, Chan) |
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Filing 52
MINUTE (IN CHAMBERS) ORDER DISMISSING DEFENDANTS by Judge Manuel L. Real: This Court dismisses the First Amended Complaint as to all defendants except Defendants Brad & Zoe, Inc., d/b/a Pinkblush Maternity and Rachel Tan, the first named defendants still remaining. Plaintiff may not skirt the requirements of Rule 20 in an attempt to avoid filing separate complaints and paying additional filing costs. If Plaintiff wishes to sue non-related defendants, it must file new complaints and pay separate filing costs. Court Reporter: None. (gk)
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| Filing 49 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #41 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (gk) |
| Filing 48 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #40 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (gk) |
| Filing 47 SUPPLEMENTAL REPORT of Re: Joinder of Defendants Under FRCP 20 filed by Plaintiff JOANNE FABRIC, INC.. (Attachments: #1 Proposed Order)(Jeong, Chan) |
| Filing 46 NOTICE of Change of address by Chan Yong Jeong attorney for Plaintiff TROPICAL TEXTILE, INC.. Changing attorneys address to 222 South Oxford Avenue Los Angeles, CA 90004. Filed by Plaintiff TROPICAL TEXTILE, INC.. (Jeong, Chan) |
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Filing 45
TEXT ONLY (IN CHAMBERS) ORDER RE: JOINDER OF DEFENDANTS UNDER FEDERAL RULE OF CIVIL PROCEDURE RULE 20 by Judge Manuel L. Real. Plaintiffs are ORDERED to file a Supplemental Report explaining in detail the relationships of each of the named defendants in the First Amended Complaint, the reason for joining all defendants under one action, and how it complies with Fed.R.Civ.Proc. 20, on or before March 24, 2018. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
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| Filing 44 NOTICE OF DEFICIENCY Re: Request to Clerk for Entry of Default against Defendant Posh Boutique LLC, a Michigan Limited Liability Company #43 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. The Proof of Service does not indicate that service was made as to the First Amended Complaint, and does not indicate the address where service was made. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) |
| Filing 43 Second REQUEST for Clerk to Enter Default against Defendant POSH BOUTIQUE LLC filed by Plaintiff TROPICAL TEXTILE, INC.. (Attachments: #1 Declaration of Chan Yong Jeong) (Jeong, Chan) |
| Filing 42 PROOF OF SERVICE Executed by Plaintiff TROPICAL TEXTILE, INC., upon Defendant Service of the Summons and Complaint were executed upon Melissa Malesby, who is designated by law to accept service of process in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Jeong, Chan) |
| Filing 41 ANSWER to Amended Complaint/Petition #23 filed by defendant ATHENA DEE CHAILLAUX.(Safarian, Harry) |
| Filing 40 ANSWER to Amended Complaint/Petition #23 filed by defendant ATHENA'S FASHION BOUTIQUE, LLC.(Safarian, Harry) |
| Filing 39 NOTICE OF DEFICIENCY Re: Request to Clerk for Entry Default against Defendants Posh Boutique LLC, a Michigan Limited Liability Company, and Lisa Snyder, an individual #37 . The Clerk cannot enter the requested relief as: The name of the person served does not exactly match the person named in complaint. Proof of Service is lacking required information. Time to respond has not expired. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. The Proofs of Service as to both defendants do not indicate that service was made as to the First Amended Complaint ("FAC"), and do not indicate the address where service was made. The FAC lists defendant as Posh Boutique LLC, a Michigan Limited Liability Company, however, service was made as to "Posh Boutique." The Proof of Service as to Lisa Snyder lacks due diligence and is premature. (gk) |
| Filing 38 Second STIPULATION for Extension of Time to File response to complaint filed by defendant ATHENA'S FASHION BOUTIQUE, LLC.(Attorney Harry A Safarian added to party ATHENA'S FASHION BOUTIQUE, LLC(pty:dft))(Safarian, Harry) |
| Filing 37 REQUEST for Clerk to Enter Default against Defendants POSH BOUTIQUE LLC, LISA SNYDER filed by Plaintiff TROPICAL TEXTILE, INC.. (Attachments: #1 Declaration of Chan Yong Jeong) (Jeong, Chan) |
| Filing 36 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Rachel Tan, an individual, on the First Amended Complaint. (gk) |
| Filing 35 REQUEST for Clerk to Enter Default against Defendant Rachel Tan filed by Plaintiff TROPICAL TEXTILE, INC.. (Attachments: #1 Declaration Chan Yong Jeong) (Jeong, Chan) |
| Filing 34 First STIPULATION to Continue Deadline to Respond to Complaint from 1/31/2018 to 2/14/2018 Re: Amended Complaint/Petition, #25 , STIPULATION Extending Time to Answer the complaint as to ATHENA DEE CHAILLAUX answer now due 2/14/2018; ATHENA'S FASHION BOUTIQUE, LLC answer now due 2/14/2018, re Amended Complaint/Petition, #25 filed by defendant ATHENA DEE CHAILLAUX.(Attorney Harry A Safarian added to party ATHENA DEE CHAILLAUX(pty:dft))(Safarian, Harry) |
| Filing 33 PROOF OF SERVICE Executed by Plaintiff TROPICAL TEXTILE, INC., upon Defendant LISA SNYDER served on 1/17/2018, answer due 2/7/2018. Service of the Summons and Complaint were executed upon Melissa Malesby, defendant's daughter a person suitable age and discretion who resides there in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Jeong, Chan) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff TROPICAL TEXTILE, INC., upon Defendant POSH BOUTIQUE LLC served on 1/17/2018, answer due 2/7/2018. Service of the Summons and Complaint were executed upon Melissa Malesby, who is designated by law to accept service of process in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. (Jeong, Chan) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff TROPICAL TEXTILE, INC., upon Defendant Rachel Tan served on 1/9/2018, answer due 1/30/2018. Service of the Summons and Complaint were executed upon RACHEL TAN in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Jeong, Chan) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff TROPICAL TEXTILE, INC., upon Defendant ATHENA'S FASHION BOUTIQUE, LLC served on 1/10/2018, answer due 1/31/2018. Service of the Summons and Complaint were executed upon Athena Dee Chaillaux in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Jeong, Chan) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff TROPICAL TEXTILE, INC., upon Defendant ATHENA DEE CHAILLAUX served on 1/10/2018, answer due 1/31/2018. Service of the Summons and Complaint were executed upon Athena Dee Chaillaux in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Jeong, Chan) |
| Filing 28 21-Day Summons Issued re First Amended Complaint #25 as to Defendants Brad & Zoe, Inc. d/b/a Pinkblush Maternity, Rachel Tan, Yang Jin Kim, Athena's Fashion Boutique, LLC, Athena Dee Chaillaux, J & S, LLC d/b/a Bling Boutique, Jennifer O'Rourke, Posh Boutique LLC, Lisa Snyder. (gk) |
| Filing 27 Request for Clerk to Issue Summons on Amended Complaint/Petition, #25 filed by Plaintiff TROPICAL TEXTILE, INC.. (Attachments: #1 Attachment for Summons)(Jeong, Chan) |
| Filing 26 Amended NOTICE of Interested Parties filed by Plaintiff TROPICAL TEXTILE, INC., (Attachments: #1 Attachment)(Jeong, Chan) |
| Filing 25 FIRST AMENDED COMPLAINT against Defendants YANG JIN KIM, ATHENA'S FASHION BOUTIQUE, LLC, ATHENA DEE CHAILLAUX, J & S, LLC, JENNIFER O'ROURKE, POSH BOUTIQUE LLC, LISA SNYDER, DOES 1-10, inclusive amending Complaint (Attorney Civil Case Opening) #1 , Amended Complaint/Petition #23 , filed by Plaintiff TROPICAL TEXTILE, INC. (Attachments: #1 Exhibit A - C)(Attorney Chan Yong Jeong added to party TROPICAL TEXTILE, INC.(pty:pla))(Jeong, Chan) |
| Filing 24 NOTICE OF ERRATA filed by Plaintiff JOANNE FABRIC, INC.. correcting Amended Complaint/Petition #23 (Jeong, Chan) |
| Filing 23 FIRST AMENDED COMPLAINT against Defendants BRAD & ZOE, INC., Does, FASHION ANGELES, INC., SHOPTIQUES, INC. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff JOANNE FABRIC, INC. (Attachments: #1 Exhibit A-C)(Jeong, Chan) |
| Filing 22 NOTICE of Change of Attorney Business or Contact Information: for attorney Chan Yong Jeong counsel for Plaintiff JOANNE FABRIC, INC.. Changing address to 1010 Wilshire Blvd., Suite 715, Los Angeles, CA 90017. Filed by Plaintiff JOANNE FABRIC, INC.. (Jeong, Chan) |
| Filing 21 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Brad & Zoe, Inc., a California corporation d/b/a Pinkblush Maternity. (gk) |
| Filing 20 REQUEST for Clerk to Enter Default against Defendant BRAD & ZOE, INC. filed by Plaintiff JOANNE FABRIC, INC.. Request set for hearing on 12/4/2017 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration of C. Yong Jeong) (Jeong, Chan) |
| Filing 19 NOTICE OF DEFICIENCY Re: Request to Clerk for Entry of Default against Brad & Zoe, Inc. #17 . The Clerk cannot enter the requested relief as: The defendant is named in the Complaint and served as Brad & Zoe, Inc., a California corporation d/b/a Pinkblush Maternity. The default request is made as to Brad & Zoe, Inc. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) #15 . The following error(s) was/were found: Clerk is unable to term defendants Marigold Fashion, Inc. and Jin Hee Kang Lee as the Plaintiff's Dismissal does not include their aliases (dba). Clerk shall term defendants Lemon Tree, Inc. and Paperdoll Wholesale In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (gk) |
| Filing 17 First REQUEST for Clerk to Enter Default against D BRAD & ZOE, INC. filed by Plaintiff JOANNE FABRIC, INC.. (Attachments: #1 Declaration of CYJ) (Jeong, Chan) |
| Filing 16 NOTICE OF DISMISSAL filed by Plaintiff JOANNE FABRIC, INC. pursuant to FRCP 41a(1) as to THE DRESS BARN, INC.. (Jeong, Chan) |
| Filing 15 NOTICE OF DISMISSAL filed by plaintiff JOANNE FABRIC, INC. pursuant to FRCP 41a(1) as to JIN HEE KANG LEE, LEMON TREE, INC., MARIGOLD FASHION, INC., PAPERDOLL WHOLESALE. (Jeong, Chan) |
| Filing 14 Notice of Appearance or Withdrawal of Counsel: for attorney Scott Lee Satkin counsel for Plaintiff JOANNE FABRIC, INC.. Scott Lee Satkin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff JOANNE FABRIC, INC.. (Satkin, Scott) |
| Filing 13 STIPULATION Extending Time to Answer the complaint as to THE DRESS BARN, INC. answer now due 10/30/2017, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant THE DRESS BARN, INC..(Attorney Christina J Moser added to party THE DRESS BARN, INC.(pty:dft))(Moser, Christina) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff JOANNE FABRIC, INC., upon Defendant PAPERDOLL WHOLESALE served on 9/25/2017, answer due 10/16/2017. Service of the Summons and Complaint were executed upon MIKE KIM, OWNER AUTHORIZED TO RECEIVE in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Jeong, Chan) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff JOANNE FABRIC, INC., upon Defendant MARIGOLD FASHION, INC. served on 9/25/2017, answer due 10/16/2017. Service of the Summons and Complaint were executed upon MARIGOLD FASHION, INC., a California corporation in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Jeong, Chan) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff JOANNE FABRIC, INC., upon Defendant LEMON TREE, INC. served on 9/25/2017, answer due 10/16/2017. Service of the Summons and Complaint were executed upon DON LEE, PRESIDENT AUTHORIZED TO RECEIVE in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Jeong, Chan) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff JOANNE FABRIC, INC., upon Defendant BRAD & ZOE, INC. served on 9/22/2017, answer due 10/13/2017. Service of the Summons and Complaint were executed upon CHRISTIINA NGUYEN, ACCOUNTS MANAGER AUTHORIZED TO RECEIVE in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Jeong, Chan) |
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Filing 8
ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch)
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| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants BRAD & ZOE, INC., FASHION ANGELES, INC., JIN HEE KANG LEE, LEMON TREE, INC., MARIGOLD FASHION, INC., PAPERDOLL WHOLESALE, SHOPTIQUES, INC., THE DRESS BARN, INC. (mrgo) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge Alicia G. Rosenberg. (mrgo) |
| Filing 5 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by JOANNE FABRIC, INC.. (Jeong, Chan) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff JOANNE FABRIC, INC.. (Attachments: #1 Supplement Attachment to Proposed Summons Request)(Jeong, Chan) |
| Filing 3 Certificate and NOTICE of Interested Parties filed by Plaintiff JOANNE FABRIC, INC., (Attachments: #1 Supplement Attachment to Notice of Interested Parties)(Jeong, Chan) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff JOANNE FABRIC, INC.. (Jeong, Chan) |
| Filing 1 COMPLAINT Receipt No: 0973-20520275 - Fee: $400, filed by Plaintiff JOANNE FABRIC, INC.. (Attachments: #1 Declaration Exhibits A-J) (Attorney Chan Yong Jeong added to party JOANNE FABRIC, INC.(pty:pla))(Jeong, Chan) |
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