Jitrade, Inc. v. Design of DK, Inc. et al
| Jitrade, Inc. |
| Design of DK, Inc., Does 1-10, inclusive, Cicindelae, Inc., Yong Woo Kim and Do Gi Kim |
| Erica Bristol |
| 2:2018cv03034 |
| April 11, 2018 |
| US District Court for the Central District of California |
| John E McDermott |
| Stephen V Wilson |
| Copyright |
| 17:101 |
| Plaintiff |
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Docket Report
This docket was last retrieved on November 26, 2018. A more recent docket listing may be available from PACER.
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| Filing 72 REPLY in support of NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #34 , Clerks Entry of Default (CV-37) - optional html form #15 , Clerks Entry of Default (CV-37) - optional html form #22 . #63 filed by Defendants Design of DK, Inc., Yong Woo Kim. (Chang, Alexander) |
| Filing 71 APPLICATION to the Clerk to Tax Costs Cicindelae, Inc. re: Judgment,, #61 , Jitrade, Inc.. Application set for hearing on 1/7/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration) (Jeong, Chan) |
| Filing 70 NOTICE OF MOTION AND MOTION for Attorney Fees Jitrade, Inc.. Motion set for hearing on 1/7/2019 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration, #2 Proposed Order) (Jeong, Chan) |
| Filing 69 DECLARATION of Chan Yong Jeong re MEMORANDUM in Opposition to Motion, #66 , Errata #68 , Request for Judicial Notice, #67 filed by Plaintiff Jitrade, Inc.. (Jeong, Chan) |
| Filing 68 NOTICE OF ERRATA filed by Plaintiff Jitrade, Inc.. correcting Request for Judicial Notice, #67 Declaration of Chan Yong Jeong (Jeong, Chan) |
| Filing 67 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #34 , Clerks Entry of Default (CV-37) - optional html form #15 , Clerks Entry of Default (CV-37) - optional html form #22 . #63 filed by Plaintiff Jitrade, Inc.. (Attachments: #1 Declaration Declaration and Exhibits 1-4, #2 Proposed Order)(Jeong, Chan) |
| Filing 66 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #34 , Clerks Entry of Default (CV-37) - optional html form #15 , Clerks Entry of Default (CV-37) - optional html form #22 . #63 filed by Plaintiff Jitrade, Inc.. (Jeong, Chan) |
Filing 65
(In Chambers) ORDER RE JUDGMENT DEBTOR EXAMINATIONS OF (1) PERSON MOST KNOWLEDGEABLE AT DESIGN OF DK, INC. AND (2) YONG WOO KIM by Magistrate Judge John E. McDermott. The Court hereby takes the matters set for November 13, 2018 off calendar. As of this date, proofs of personal service have not been filed. CCP 708.110. Also, on November 8, 2018, counsel for Design of DK, Inc. and Yong Woo Kim filed a Motion to Set Aside Default Re: Order on Motion for Default Judgment (Docket #63 ). Plaintiff shall submit new applications and proposed orders depending on the outcome of the pending motion. (sbou)
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| Filing 64 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Design of DK, Inc., Yong Woo Kim, (Chang, Alexander) |
| Filing 63 NOTICE OF MOTION AND MOTION to Set Aside Default Re: Order on Motion for Default Judgment, #34 , Clerks Entry of Default (CV-37) - optional html form #15 , Clerks Entry of Default (CV-37) - optional html form #22 . filed by defendant Design of DK, Inc., Yong Woo Kim. Motion set for hearing on 12/10/2018 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration Supporting Decl. of Yong Woo Kim, #2 Exhibit Exhibit 1 to Kim Decl., #3 Exhibit Exhibit 2 to Kim Decl., #4 Exhibit Exhibit 3 to Kim Decl., #5 Declaration Supporting Decl. of Alexander J. Chang, #6 Proposed Order Proposed Order) (Attorney Alexander J Chang added to party Design of DK, Inc.(pty:dft), Attorney Alexander J Chang added to party Yong Woo Kim(pty:dft)) (Chang, Alexander) |
| Filing 62 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: #1 Judgment) (mrgo) |
| Filing 61 JUDGMENT by Judge Stephen V. Wilson, in favor of plaintiff Jitrade, Inc. and against defendants Cicindelae, Inc., Do Gi Kim Related to: Notice of Offer of Judgment #52 . IT IS HEREBY ADJUDGED that Plaintiff JITRADE, INC. shall recover from Defendants in the sum of two thousand six hundred and one dollars ($2,601.00), plus the amount of costs accrued to date, not including attorneys' fees, in favor of the plaintiff. Plaintiff may file a bill of costs and a motion for attorney fees within 30 days from the issuance of the judgment. (MD JS-6, Case Terminated). (mrgo) |
| Filing 60 NOTICE OF ERRATA filed by Plaintiff Jitrade, Inc.. correcting Notice of Lodging #59 (Attachments: #1 Proposed Judgment (Corrected))(Jeong, Chan) |
| Filing 59 NOTICE OF LODGING filed re Notice of Offer of Judgment #52 (Attachments: #1 Proposed Judgment)(Jeong, Chan) |
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Filing 58
ORDER by Magistrate Judge John E. McDermott: granting #54 REQUEST for Judgment Debtor Exam as to PERSON MOST KNOWLEDGEABLE AT DESIGN OF DK, INC. d/b/a CUBE PLUS. Judgment Debtor Exam set for 11/13/2018 10:00 AM before Magistrate Judge John E. McDermott, in Courtroom 690 of the Roybal Courthouse, 255 E. Temple Street, Los Angeles, CA. (sbou)
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Filing 57
ORDER by Magistrate Judge John E. McDermott: granting #55 REQUEST for Judgment Debtor Exam. Judgment Debtor Exam set for 11/13/2018 10:00 AM before Magistrate Judge John E. McDermott in Courtroom 640, of the Roybal Courthouse, 255 E. Temple Street, Los Angeles, CA. (sbou)
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| Filing 56 NOTICE OF LODGING filed re APPLICATION for Judgment Debtor Exam as to Design of DK, Inc. #54 (Attachments: #1 Proposed Order)(Jeong, Chan) |
| Filing 55 APPLICATION for Judgment Debtor Exam as to Yong Woo Kim filed by Plaintiff Jitrade, Inc.. Application set for hearing on 11/13/2018 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Proposed Order) (Jeong, Chan) |
| Filing 54 APPLICATION for Judgment Debtor Exam as to Design of DK, Inc. filed by Plaintiff Jitrade, Inc.. Application set for hearing on 11/13/2018 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Proposed Order) (Jeong, Chan) |
| Filing 53 MEDIATION REPORT Filed by Mediator (ADR Panel) Erica Bristol: Mediation held on 10-3-18. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Bristol, Erica) |
| Filing 52 NOTICE of Offer of Judgment filed by Plaintiff Jitrade, Inc.. and Acceptance of Offer of Judgment pursuant to FRCP 68 (Attachments: #1 Exhibit A-B)(Jeong, Chan) |
| Filing 51 NOTICE OF MEDIATION DATE filed. Mediation set for 10-3-18.(Bristol, Erica) |
| Filing 50 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Erica Bristol has been assigned to serve as Panel Mediator. (mb) |
| Filing 49 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Erica Bristol may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 10/3/2018 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Jitrade, Inc.(Jeong, Chan) |
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Filing 48
ORDER by Judge Stephen V. Wilson: granting #43 Request to Substitute Attorney. Keith H. Fichtelman is substituted in place of attorney Leontyne Fan filed as to Defendant Cicindelae, Inc. Attorney Leontyne Fan and Songfong Tommy Wang terminated. (mrgo)
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Filing 47
ORDER by Judge Stephen V. Wilson: granting #44 Request to Substitute Attorney. Keith H. Fichtelman is substituted in place of attorney Leontyne Fan as to Defendant Do Gi Kim. Attorney Leontyne Fan and Songfong Tommy Wang terminated. (mrgo)
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Filing 46
CORRECTED - ORDER RE JOINT STIPULATION TO CONTINUE DISCOVERY CUTOFF by Judge Stephen V. Wilson, re Order, Set/Reset Deadlines/Hearings, #45 . (Discovery cut-off reset for 10/15/2018. Pretrial Conference reset for 12/17/2018 at 03:00 PM before Judge Stephen V. Wilson.) (mrgo)
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Filing 45
ORDER RE JOINT STIPULATION TO CONTINUE DISCOVERY CUTOFF by Judge Stephen V. Wilson, re Stipulation to Continue #42 . (Discovery cut-off continued to 11/13/2018. Jury Trial continued to 1/8/2019 at 09:00 AM before Judge Stephen V. Wilson. Pretrial Conference continued to 12/31/2018 at 03:00 PM before Judge Stephen V. Wilson.) (mrgo)
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| Filing 44 APPLICATION TO SUBSTITUTE ATTORNEY Keith H. Fichtelman in place of attorney Leontyne Fan filed by Defendant Do Gi Kim. (Attachments: #1 Proposed Order) (Attorney Keith H Fichtelman added to party Do Gi Kim(pty:dft)) (Fichtelman, Keith) |
| Filing 43 APPLICATION TO SUBSTITUTE ATTORNEY Keith H. Fichtelman in place of attorney Leontyne Fan filed by Defendant Cicindelae, Inc.. (Attachments: #1 Proposed Order) (Attorney Keith H Fichtelman added to party Cicindelae, Inc.(pty:dft)) (Fichtelman, Keith) |
| Filing 42 STIPULATION to Continue DISCOVERY CUTOFF from September 14, 2018 to November 13, 2018 Re: Status Conference - optional html form,,, Set/Reset Hearing,, #32 filed by Plaintiff Jitrade, Inc.. (Attachments: #1 Proposed Order)(Jeong, Chan) |
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Filing 41
ORDER/REFERRAL to ADR Procedure No 2 by Judge Stephen V. Wilson. Case ordered to Court Mediation Panel for mediation. (mrgo)
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| Filing 40 REQUEST for ADR Procedure No. 2 filed. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Plaintiff Jitrade, Inc. (Attachments: #1 Proposed Order Proposed Order for ADR Selection)(Jeong, Chan) |
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Filing 39
PROTECTIVE ORDER by Magistrate Judge John E. McDermott. (See document for further details.) #35 (sbou)
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| Filing 38 NOTICE OF ERRATA filed by Plaintiff Jitrade, Inc.. correcting Stipulation for Protective Order #36 to be withdrawn (Jeong, Chan) |
| Filing 37 NOTICE OF ERRATA filed by Plaintiff Jitrade, Inc.. correcting Stipulation for Protective Order #36 to be withdrawn (Jeong, Chan) |
| Filing 36 [WITHDRAWN PER DOC. NOs. 37 AND 38] STIPULATION for Protective Order filed by Plaintiff Jitrade, Inc.. (Attachments: #1 Proposed Order)(Jeong, Chan) Modified on 8/3/2018 (mrgo). |
| Filing 35 STIPULATION for Protective Order filed by Plaintiff Jitrade, Inc.. (Attachments: #1 Proposed Order)(Jeong, Chan) |
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Filing 34
ORDER AND JUDGMENT GRANTING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT by Judge Stephen V. Wilson re: #27 MOTION for Default Judgment. For the foregoing reasons, the Court GRANTS Plaintiff's motion for default judgment and awards monetary damages of $32,895.94 plus interest at a rate prescribed by law. (See document for details) (mrgo)
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Filing 33
CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. (pc)
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| Filing 32 MINUTES OF STATUS CONFERENCE; #27 MOTION for Default Judgment against Defendants DESIGN OF DK, INC. d/b/a CUBE PLUS, a California Corporation; and YONGWOO KIM, an individual filed by Plaintiff held before Judge Stephen V. Wilson. The Court grants sixty days for discovery, and sets the following dates: Jury Trial set for 11/27/2018 at 09:00 AM before Judge Stephen V. Wilson; Pretrial Conference set for 11/19/2018 at 03:00 PM before Judge Stephen V. Wilson. Court Reporter: Deborah Gackle. (mrgo) |
| Filing 31 SCHEDULING NOTICE by Judge Stephen V. Wilson: The Court will use the hearing on the Motion for Default Judgment #27 as Status Conference and orders all parties to be present on 7/16/2018 at 1:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 30 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendants Cicindelae, Inc., Do Gi Kim.(Wang, Songfong) |
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Filing 29
ORDER GRANTING STIPULATION TO SET ASIDE DEFAULT OF DEFENDANTS CICINDELAE, INC., d/b/a ORANGE SHINE, and DO GI KIM, AND FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT #24 by Judge Stephen V. Wilson. IT IS HEREBY ORDERED that the Entry of Default entered on May 17, 2018, against Defendants Cicindelae, Inc., d/b/a Orange Shine, a California Corporation and Do Gi Kim, an individual, is hereby VACATED. Defendants Cicindelae, Inc., d/b/a Orange Shine, a California Corporation and Do Gi Kim, an individual, shall file a response to the Complaint on or before July 2, 2018. (lom)
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| Filing 28 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Default Judgment against Defendants DESIGN OF DK, INC. d/b/a CUBE PLUS, a California Corporation; and YONGWOO KIM, an individual #27 filed by Plaintiff Jitrade, Inc.. (Attachments: #1 Exhibit E)(Jeong, Chan) |
| Filing 27 NOTICE OF MOTION AND MOTION for Default Judgment against Defendants DESIGN OF DK, INC. d/b/a CUBE PLUS, a California Corporation; and YONGWOO KIM, an individual filed by Plaintiff Jitrade, Inc.. Motion set for hearing on 7/16/2018 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Hae Young Seo, #2 Declaration of Chan Yong Jeong, #3 Exhibit A - F, #4 Proposed Judgment) (Jeong, Chan) |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Songfong Tommy Wang counsel for Defendants Cicindelae, Inc., Do Gi Kim. Adding Leontyne Fan as counsel of record for Cicindelae, Inc. d/b/a Orange Shine, a California corporation, and Do Gi Kim, an individual for the reason indicated in the G-123 Notice. Filed by Defendants Cicindelae, Inc. d/b/a Orange Shine, and Do Gi Kim. (Wang, Songfong) |
| Filing 25 NOTICE of Interested Parties filed by Defendants Cicindelae, Inc., Do Gi Kim, (Wang, Songfong) |
| Filing 24 STIPULATION to Set Aside Default as to Cicindelae, Inc. d/b/a Orange Shine, and Do Gi Kim, individually filed by Defendants Cicindelae, Inc., Do Gi Kim. (Attachments: #1 Proposed Order)(Attorney Songfong Tommy Wang added to party Cicindelae, Inc.(pty:dft), Attorney Songfong Tommy Wang added to party Do Gi Kim(pty:dft))(Wang, Songfong) |
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Filing 23
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: The Order to Show Cause, issued on 05/11/2018, is DISCHARGED. Plaintiff is granted thirty days, up to and including 06/18/2018, to move for default judgment. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 22 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Design of DK, Inc. a California Corporation doing business as Cube Plus. (mrgo) |
| Filing 21 Amended REQUEST for Clerk to Enter Default against defendant Design of DK, Inc. filed by Plaintiff Jitrade, Inc.. (Jeong, Chan) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Jitrade, Inc., upon Defendant Service of the Summons and Complaint were executed upon Mrs. (Jane) Kim, WIfe, Co-Occupant 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. (Jeong, Chan) |
| Filing 19 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Defendants Cicindelae, Inc., dba Orange Shine, a California Corporation, Do Gi Kim, an individual (jp) |
| Filing 18 REQUEST for Clerk to Enter Default against defendants Cicindelae, Inc., Do Gi Kim filed by Plaintiff Jitrade, Inc.. (Jeong, Chan) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Jitrade, Inc., upon Defendant Cicindelae, Inc. served on 4/18/2018, answer due 5/9/2018. Service of the Summons and Complaint were executed upon Vivian Jeong, Manager, Apparently in Charge 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. (Jeong, Chan) |
| Filing 16 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendants Design of DK, Inc., #14 . The Clerk cannot enter the requested relief as: Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. The proof of service does not state that the person served is authorized to accept service upon a corporation. (mrgo) |
| Filing 15 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Yong Woo Kim, an individual. (mrgo) |
| Filing 14 REQUEST for Clerk to Enter Default against Defendants Design of DK, Inc., Yong Woo Kim filed by Plaintiff Jitrade, Inc.. (Attachments: #1 Declaration of Chan Yong Jeong) (Jeong, Chan) |
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Filing 13
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Stephen V. Wilson. The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff(s) to show cause in writing no later than May 25, 2018 why this action should not be dismissed as to all remaining defendants for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will accept one of the following, if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently: Proof of service of summons and complaint (applicable for defendant(s) who have not been served); In cases removed from State Court, responsive pleadings filed by all defendants; Request for entry of default by plaintiff(s) (applicable where defendants have been served but not answered); Motion for default judgment. No oral argument of this matter will be heard unless ordered by the Court. (lom)
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| Filing 12 PROOF OF SERVICE Executed by Plaintiff Jitrade, Inc., upon Defendant Design of DK, Inc. served on 4/19/2018, answer due 5/10/2018. Service of the Summons and Complaint were executed upon Mrs. (Jane) Kim, WIfe, Co-Occupant 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. (Jeong, Chan) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Jitrade, Inc., upon Defendant Yong Woo Kim served on 4/19/2018, answer due 5/10/2018. Service of the Summons and Complaint were executed upon Mrs. (Jane) Kim, WIfe, Co-Occupant in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Jeong, Chan) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Jitrade, Inc., upon Defendant Do Gi Kim served on 4/18/2018, answer due 5/9/2018. Service of the Summons and Complaint were executed upon Vivian Jeong, Manager, Apparently in Charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Jeong, Chan) |
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Filing 9
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Cicindelae, Inc., Design of DK, Inc., Do Gi Kim, Yong Woo Kim. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge John E. McDermott. (ghap) |
| Filing 5 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by JITRADE, INC.. (Jeong, Chan) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff JITRADE, INC.. (Jeong, Chan) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff JITRADE, INC., (Jeong, Chan) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff JITRADE, INC.. (Jeong, Chan) |
| Filing 1 COMPLAINT Receipt No: 0973-21569524 - Fee: $400, filed by Plaintiff JITRADE, INC.. (Attachments: #1 Exhibit A-C) (Attorney Chan Yong Jeong added to party JITRADE, INC.(pty:pla))(Jeong, Chan) |
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