Tortilla Factory, LLC v. Makana Beverages, Inc. et al
| Tortilla Factory, LLC |
| DOES 1-10, United Natural Foods West, Inc., Makana Beverages, Inc., United Natural Foods, Inc., KeHE Distributors, Inc. and Hi-Touch Distribution, Inc. |
| 2:2018cv02981 |
| April 9, 2018 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Michael W Fitzgerald |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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Filing 47
ORDER GRANTING STIPULATION TO DISMISS DEFENDANT MAKANA BEVERAGES, INC. WITH PREJUDICE AND WAIVE COSTS #46 by Judge Michael W. Fitzgerald. The Stipulation to Dismiss Defendant Makana Beverages, Inc. with Prejudice and Waive Costs is approved. The entire action, including all claims and counterclaims stated herein against all parties is hereby dismissed with prejudice. Case Terminated. Made JS-6. (iv)
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| Filing 46 STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiff Tortilla Factory, LLC. (Attachments: #1 Proposed Order)(Weisskopf, Stephen) |
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Filing 45
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. Last Day to Add Parties/Amend Pleadings 4/22/2019. Non-expert Discovery Cut-off 9/13/2019. Last Day to Hear Motions 10/21/2019. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine 12/16/2019. Final Pretrial Conference and Hearing on Motions in Limine 1/6/2020 at 11:00 AM. Trial Date (Est. 3-7) set for 1/28/2020 at 8:30 AM. (iv)
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Filing 44
ORDER/REFERRAL to ADR Procedure No 2 by Judge Michael W. Fitzgerald. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 11/4/2019. (iv)
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| Filing 43 MINUTES OF SCHEDULING CONFERENCE held before Judge Michael W. Fitzgerald. Case called and counsel make their appearance. The Scheduling Conference held. The Court sets dates. Please see separate Order Re Jury Trial, also filed today. Court Reporter: Amy Diaz. (iv) |
| Filing 42 NOTICE OF ERRATA filed by Defendant Makana Beverages, Inc.. correcting Joint Report Rule 26(f) Discovery Plan #40 (Lahana, Daniel) |
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Filing 41
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. Scheduling Conference set for 2/11/2019 at 11:00 AM. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom)
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| Filing 40 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial Plaintiff estimates 5-7 days; Defendant estimates 3-5 days, filed by Plaintiff Tortilla Factory, LLC.. (Attachments: #1 Exhibit)(Weisskopf, Stephen) |
| Filing 39 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Makana Beverages, Inc..(Lahana, Daniel) |
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Filing 38
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT MAKANA BEVERAGES, INC'S ANSWER TO COMPLAINT by Judge Michael W. Fitzgerald. The Court ORDERS Makana to file an Answer to the Complaint by no later than December 26, 2018. (iv)
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Filing 37
MINUTES (IN CHAMBERS) ORDER RE: DEFENDANT MAKANA BEVERAGES, INC'S MOTION TO DISMISS COMPLAINT #28 by Judge Michael W. Fitzgerald. The Motion is GRANTED with leave to amend as to each of Tortilla Factory's claims to the extent that they are premised upon Makana's alleged underreporting of sugar content. The Motion is otherwise DENIED Tortilla Factory shall file a First Amended Complaint, if any, by November 30, 2018. (iv)
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| Filing 36 REQUEST FOR JUDICIAL NOTICE filed by Defendant Makana Beverages, Inc.. (Lahana, Daniel) |
| Filing 35 REQUEST FOR JUDICIAL NOTICE filed by Defendant Makana Beverages, Inc.. (Lahana, Daniel) |
| Filing 34 OPPOSITION to EX PARTE APPLICATION for Leave to file Opposition to Makana Motion to Dismiss #32 filed by Defendant Makana Beverages, Inc.. (Lahana, Daniel) |
| Filing 33 DECLARATION of Christopher E. Stiner in support of EX PARTE APPLICATION for Leave to file Opposition to Makana Motion to Dismiss #32 filed by Plaintiff Tortilla Factory, LLC. (Weisskopf, Stephen) |
| Filing 32 EX PARTE APPLICATION for Leave to file Opposition to Makana Motion to Dismiss filed by Plaintiff Tortilla Factory, LLC. (Attachments: #1 Exhibit Opposition to Makana MTD, #2 Proposed Order Proposed Order) (Weisskopf, Stephen) |
| Filing 31 SCHEDULING NOTICE by Judge Michael W. Fitzgerald: Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that the Motion to Dismiss Case #28 is appropriate for submission on the papers without oral argument. Accordingly, the hearing on this motion set for 9/17/2018, is VACATED. An Order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY |
| Filing 30 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss COMPLAINT #28 filed by Defendant Makana Beverages, Inc.. (Lahana, Daniel) |
| Filing 29 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Makana Beverages, Inc., identifying Tortilla Factory, LLC; Makana Beverages, Inc.. (Lahana, Daniel) |
| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss Case , NOTICE OF MOTION AND MOTION to Dismiss COMPLAINT filed by Defendant Makana Beverages, Inc.. Motion set for hearing on 9/17/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Lahana, Daniel) |
| Filing 27 NOTICE OF DISMISSAL filed by Plaintiff Tortilla Factory, LLC pursuant to FRCP 41a(1) as to Hi-Touch Distribution, Inc., KeHE Distributors, Inc., United Natural Foods West, Inc., United Natural Foods, Inc.. (Weisskopf, Stephen) |
| Filing 26 STIPULATION to Dismiss Defendants Hi-Touch Distribution, Inc., KeHE Distributors, Inc., United Natural Foods West, Inc., United Natural Foods, Inc. filed by Plaintiff Tortilla Factory, LLC.(Weisskopf, Stephen) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service #24 . The following error(s) was/were found: Caption of document is incomplete. Case number is missing. 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. (iv) |
| Filing 24 PROOF OF SERVICE filed by Plaintiff Tortilla Factory, LLC, re Response #23 served on August 13, 2018. (Weisskopf, Stephen) |
| Filing 23 RESPONSE filed by Plaintiff Tortilla Factory, LLCto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines/Hearings,, #22 (Weisskopf, Stephen) |
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Filing 22
MINUTE ORDER (IN CHAMBERS) by Judge Michael W. Fitzgerald: ORDER TO SHOW CAUSE RE: REQUIRED COPYRIGHT, PATENT, AND TRADEMARK REPORTING REQUIREMENTS. Plaintiff is ordered to show cause, in writing, no later than August 13, 2018 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following on or before the above date as an appropriate response to this Order to Show Cause. Failure to respond to the Order to Show Cause will result in the dismissal of this action. IT IS SO ORDERED. (yl)
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Filing 21
ORDER GRANTING PARTIES' STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT #20 by Judge Michael W. Fitzgerald. IT IS ORDERED that the Parties stipulation to extend Defendants' response from July 20, 2018 to August 17, 2018 is granted. (iv)
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| Filing 20 STIPULATION for Extension of Time to File Answer to August 17, 2018 re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Hi-Touch Distribution, Inc., KeHE Distributors, Inc., Makana Beverages, Inc., United Natural Foods West, Inc., United Natural Foods, Inc.. (Attachments: #1 Proposed Order Granting Parties' Stipulation to Exend Time to Respond to Initial Complaint)(Lahana, Daniel) |
| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Extend Time to Answer (More than 30 days) #18 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. 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. (iv) |
| Filing 18 STIPULATION for Extension of Time to File Answer to August 17, 2018 re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Hi-Touch Distribution, Inc., KeHE Distributors, Inc., Makana Beverages, Inc., United Natural Foods West, Inc., United Natural Foods, Inc..(Lahana, Daniel) |
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Filing 17
ORDER by Judge Michael W. Fitzgerald: The Stipulation to Extend Time to Respond to Initial Complaint #16 is APPROVED and SO ORDERED. The deadline for defendants to respond is extended to 7/20/2018. (cw)
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| Filing 16 STIPULATION Extending Time to Answer the complaint as to KeHE Distributors, Inc. answer now due 7/20/2018; United Natural Foods West, Inc. answer now due 7/20/2018; United Natural Foods, Inc. answer now due 7/20/2018; Makana Beverages, Inc. answer now due 7/20/2018; Hi-Touch Distribution, Inc. answer now due 7/20/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants KeHE Distributors, Inc.; United Natural Foods West, Inc.; United Natural Foods, Inc.; Makana Beverages, Inc.; Hi-Touch Distribution, Inc.. (Attachments: #1 Proposed Order Granting Parties' Stipulation to Extend Time to Respond to Initial Complaint)(Attorney Daniel R Lahana added to party United Natural Foods West, Inc.(pty:dft))(Lahana, Daniel) |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to Makana Beverages, Inc. answer now due 7/6/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Makana Beverages, Inc..(Attorney Daniel R Lahana added to party Makana Beverages, Inc.(pty:dft))(Lahana, Daniel) |
| Filing 14 STIPULATION Extending Time to Answer the complaint as to KeHE Distributors, Inc. answer now due 7/6/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant KeHE Distributors, Inc..(Attorney Daniel R Lahana added to party KeHE Distributors, Inc.(pty:dft))(Lahana, Daniel) |
| Filing 13 STIPULATION Extending Time to Answer the complaint as to United Natural Foods, Inc. answer now due 7/6/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant United Natural Foods, Inc..(Attorney Daniel R Lahana added to party United Natural Foods, Inc.(pty:dft))(Lahana, Daniel) |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to Hi-Touch Distribution, Inc. answer now due 7/6/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Hi-Touch Distribution, Inc..(Attorney Daniel R Lahana added to party Hi-Touch Distribution, Inc.(pty:dft))(Lahana, Daniel) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Tortilla Factory, LLC, upon Defendant Makana Beverages, Inc. served on 5/24/2018, answer due 6/14/2018. Service of the Summons and Complaint were executed upon Thomas J. Bowers III - Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. Weisskopf, Stephen (Weisskopf, Stephen) |
| Filing 10 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Tortilla Factory, LLC, upon Defendant Hi-Touch Distribution, Inc. served on 5/16/2018, answer due 6/6/2018; KeHE Distributors, Inc. served on 5/17/2018, answer due 6/7/2018; United Natural Foods, Inc. served on 5/18/2018, answer due 6/8/2018. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. Weisskopf, Stephen (Weisskopf, Stephen) |
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05 (Related Case) filed. Transfer of case declined by Judge Fernando M. Olguin, for the reasons set forth on this order. Related Case No. 2:17-cv-07539 FMO (GJSx) (esa)
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| Filing 8 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (jp) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants Hi-Touch Distribution, Inc., KeHE Distributors, Inc., Makana Beverages, Inc., United Natural Foods West, Inc., United Natural Foods, Inc. (jp) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jp) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Paul L. Abrams. (jp) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Tortilla Factory, LLC (Weisskopf, Stephen) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Tortilla Factory, LLC. (Weisskopf, Stephen) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Tortilla Factory, LLC. (Weisskopf, Stephen) |
| Filing 1 COMPLAINT Receipt No: 0973-21556763 - Fee: $400, filed by Plaintiff Tortilla Factory, LLC. (Attorney Stephen D Weisskopf added to party Tortilla Factory, LLC(pty:pla))(Weisskopf, Stephen) |
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