Sansi North America, LLC v. LG Electronics USA, Inc. et al
| SANSI NORTH AMERICA, LLC |
| DOES 1 - 10, LG Electronics USA, Inc. and Does 1-10 |
| 2:2018cv03541 |
| April 26, 2018 |
| US District Court for the Central District of California |
| Philip S Gutierrez |
| Steve Kim |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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Filing 51
ORDER FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE by Judge Philip S. Gutierrez, re Stipulation to Dismiss Case #50 : Pursuant to the stipulation of the parties and for good cause shown, IT IS HEREBY ORDERED that: A. All of the claims asserted in this action are dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) as of February 13, 2020; and B. The parties to this stipulation will each bear their own costs and fees as incurred against one another in this action. (Made JS-6. Case Terminated.) (bm)
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| Filing 50 STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by Plaintiff Sansi North America, LLC. (Attachments: #1 Proposed Order)(Mankey, Caroline) |
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Filing 49
MINUTE ORDER (In Chambers) by Judge Philip S. Gutierrez: The parties are ordered to file a stipulated dismissal on or before January 17, 2020, or be prepared to appear on Tuesday, January 21, 2020 at 9am. The trial date is continued to January 21, 2020 at 9am. (bm)
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| Filing 48 MINUTES OF FINAL PRETRIAL CONFERENCE held before Judge Philip S. Gutierrez: Having been advised that a settlement was reached, the Court instructs counsel to submit a stipulated dismissal before January 14. If a stipulated dismissal is not filed timely, then counsel shall appear before the Court on January 14 at 9am. Court Reporter: Marea Woolrich. (bm) |
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Filing 47
ORDER TO MODIFY SCHEDULING ORDER AND CONTINUE OR VACATE FINAL PRETRIAL CONFERENCE AND TRIAL BASED ON SETTLEMENT by Judge Philip S. Gutierrez, re Stipulation to Continue #46 : DENIED. (bm)
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| Filing 46 STIPULATION to Continue Final Pretrial Conference and Trial from 12/16/19 and 01/14/20 filed by Plaintiff Sansi North America, LLC. (Attachments: #1 Proposed Order)(Mankey, Caroline) |
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Filing 45
MINUTE ORDER (In Chambers) ORDER by Judge Philip S. Gutierrez: Based on Plaintiffs request, the Court approves that the following lodged deposition transcripts be returned to the custody and control of Plaintiff's counsel. (see document for further details) (bm)
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| Filing 44 MINUTES (IN CHAMBERS) The Court GRANTS IN PART and DENIES IN PART the motion for summary judgment by Judge Philip S. Gutierrez granting in part and denying in part #30 for Summary Judgment: For the foregoing reasons, the Court GRANTS IN PART and DENIES IN PART Defendant's motion for summary judgment, as follows: The Court GRANTS the motion for summary judgment on actual damages and disgorgement as to Plaintiffs first cause of action for false designation of origin in violation of the Lanham Act, second cause of action for false advertising in violation of the Lanham Act, third cause of action for trade dress infringement in violation of the Lanham Act, and sixth cause of action for common law unfair competition. The Court GRANTS the motion for summary judgment as to Plaintiff's fourth cause of action for trade libel. Plaintiff has agreed to drop its fifth cause of action for unfair competition under California's Unfair Competition Law, California Business and Professions Code Section 17200. The Court otherwise DENIES the motion, to the extent Plaintiff seeks statutory damages and injunctive relief on its first, second, third, and sixth causes of action, as neither party substantively addresses these issues. The Court notes that the allegedly infringing article has been taken down. (see document for further details) (bm) |
| Filing 43 NOTICE OF LODGING filed by Sansi North America, LLC re Objection/Opposition (Motion related), #33 (Mankey, Caroline) |
| Filing 42 NOTICE OF LODGING filed by LG Electronics USA, Inc. re NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #30 (Purcell, John) |
| Filing 41 PROOF OF SERVICE filed by Plaintiff Sansi North America, LLC, re Sealed Document, #40 served on November 5, 2019. (Mankey, Caroline) |
| Filing 40 SEALED DOCUMENT re Sealed Declaration in SupportDeclaration, #32 , Order on Motion for Leave to File Document Under Seal #35 filed by Plaintiff Sansi North America, LLC. (Attachments: #1 Exhibit 19 Expert Report of Tim Croushore, CFA, September 13, 2019, #2 Exhibit 20 LG's Exhibit B to its Supplemental Responses to Interrogatories, #3 Exhibit 21 Pages 198-200 of the transcript of the deposition of Garry Wicka)(Mankey, Caroline) |
| Filing 39 Objection in support of re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #30 Evidentiary Objections to Dennis Hickey's Declaration in Support of Opposition filed by Defendant LG Electronics USA, Inc.. (Purcell, John) |
| Filing 38 Objection in support of re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #30 Evidentiary Objections to Caroline H. Mankey's Declaration in Support of Opposition filed by Defendant LG Electronics USA, Inc.. (Purcell, John) |
| Filing 37 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #30 Defendant's Response to Plaintiff's Statement of Genuine Disputed Facts in Opposition to Defendant's Motion for Summary Judgment filed by Defendant LG Electronics USA, Inc.. (Purcell, John) |
| Filing 36 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #30 filed by Defendant LG Electronics USA, Inc.. (Attachments: #1 Declaration of John S. Purcell)(Purcell, John) |
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Filing 35
ORDER RE PLAINTIFF SANSI NORTH AMERICA, LLC'S APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL by Judge Philip S. Gutierrez granting #31 APPLICATION (bm)
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| Filing 34 STATEMENT of GENUINE DISPUTED FACTS IN OPPOSITION TO DEFENDANT LG ELECTRONICS USA, INC.S MOTION FOR SUMMARY JUDGMENT NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #30 filed by Plaintiff Sansi North America, LLC. (Mankey, Caroline) |
| Filing 33 OPPOSITION TO MOTION FOR SUMMARY JUDGMENT re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint #30 filed by Plaintiff Sansi North America, LLC. (Attachments: #1 Declaration of Caroline H. Mankey, #2 Exhibit 1 to 15 to Decl. of Caroline H. Mankey, #3 Exhibit 16 to 21 to Decl. of Caroline H. Mankey, #4 Declaration of Dennis Hickey with Exhibit 22)(Mankey, Caroline) |
| Filing 32 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document (EXHIBITS 19, 20 and 21 TO THE DECLARATION OF CAROLINE H. MANKEY IN SUPPORT OF OPPOSITION TO DEFENDANT LG ELECTRONICS USA, INC.S MOTION FOR SUMMARY JUDGMENT) under seal #31 filed by Plaintiff Sansi North America, LLC. (Attachments: #1 Unredacted Document Exhibit A, #2 Unredacted Document Exhibit B, #3 Unredacted Document Exhibit C)(Mankey, Caroline) |
| Filing 31 APPLICATION to file document (EXHIBITS 19, 20 and 21 TO THE DECLARATION OF CAROLINE H. MANKEY IN SUPPORT OF OPPOSITION TO DEFENDANT LG ELECTRONICS USA, INC.S MOTION FOR SUMMARY JUDGMENT) under seal filed by Plaintiff Sansi North America, LLC. (Attachments: #1 Redacted Document Exhibit A, #2 Redacted Document Exhibit B, #3 Redacted Document Exhibit C, #4 Exhibit D, #5 Proposed Order)(Mankey, Caroline) |
| Filing 30 NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint filed by defendant LG Electronics USA, Inc.. Motion set for hearing on 11/18/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum, #2 Separate Statement, #3 Declaration of John S. Purcell, #4 Declaration of Garry Wicka, #5 Declaration of Laura Cohen, #6 Proposed Order) (Purcell, John) |
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Filing 29
ORDER EXTENDING TIME FOR PARTIES TO EXCHANGE EXPERT DISCLOSURES AND CONDUCT EXPERT DISCOVERY by Judge Philip S. Gutierrez, re Stipulation for Discovery #28 : Pursuant to the stipulation of the parties and for good cause shown, IT IS HEREBY ORDERED that: The Order Vacating Scheduling Conference entered by the Court on March 29, 2019 (the "Scheduling Order"), shall be modified as follows: A. The deadline for the parties to exchange opening expert witness disclosures shall be extended from August 2, 2019, to September 13, 2019. B. The deadline for the parties to exchange rebuttal expert witness disclosures shall be extended from September 2, 2019, to October 14, 2019. C. The expert discovery cut-off date shall be extended from September 30, 2019, to November 8, 2019. The remainder of the Scheduling Order shall remain unmodified. (bm)
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| Filing 28 STIPULATION for Discovery as to EXTEND TIME FOR PARTIES TO EXCHANGE EXPERT DISCLOSURES AND CONDUCT EXPERT DISCOVERY Sansi North America, LLC. (Attachments: #1 Proposed Order)(Mankey, Caroline) |
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Filing 27
ORDER/REFERRAL to ADR Procedure No 3 by Judge Philip S. Gutierrez. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 11/01/19. (wm)
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Filing 26
ORDER FOR JURY TRIAL by Judge Philip S. Gutierrez. Final Pretrial Conference set for 12/16/2019 02:30 PM. Jury Trial set for 1/14/2020 09:00 AM. (wm)
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Filing 25
ORDER VACATING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Opening Expert Witness Disclosure: 8/2/19, Rebuttal Expert Witness Disclosure: 9/2/19, Expert Discovery Cut-off: 9/30/19, Trial Estimate: 5 days. Amended Pleadings due by 5/1/2019. Discovery cut-off 8/28/2019. Motions due by 9/10/2019. Final Pretrial Conference set for 12/16/2019 02:30 PM. Jury Trial set for 1/14/2020 09:00 AM. (wm)
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| Filing 24 AMENDED JOINT RULE 26(f) REPORT filed by Plaintiff Sansi North America, LLC. (Mankey, Caroline) |
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Filing 23
STIPULATED PROTECTIVE ORDER #22 by Magistrate Judge Steve Kim. (clee)
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| Filing 22 Joint STIPULATION for Protective Order filed by defendant LG Electronics USA, Inc.. (Attachments: #1 Proposed Order)(Purcell, John) |
| Filing 21 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial Between 5 and 7 days, filed by Plaintiff Sansi North America, LLC.. (Mankey, Caroline) |
| Filing 20 NOTICE of Interested Parties filed by Defendant LG Electronics USA, Inc., (Purcell, John) |
| Filing 19 ANSWER to Amended Complaint/Petition #13 with JURY DEMAND filed by Defendant LG Electronics USA, Inc..(Purcell, John) |
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Filing 18
ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer #14 , for the following reasons: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies (bm)
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Filing 17
ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 4/1/2019 at 02:00 PM before Judge Philip S. Gutierrez. (jre)
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| Filing 16 NOTICE of Interested Parties filed by Defendant LG Electronics USA, Inc., identifying Sansi North America, LLC. (Purcell, John) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer To Second Amended Complaint #14 . 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. (bm) |
| Filing 14 DOCUMENT STRICKEN ON 11/2/18. ANSWER to Amended Complaint/Petition #13 with JURY DEMAND filed by Defendant LG Electronics USA, Inc..(Attorney John S Purcell added to party LG Electronics USA, Inc.(pty:dft))(Purcell, John) Modified on 11/5/2018 (bm). |
| Filing 13 SECOND AMENDED COMPLAINT against PLAINTIFF LG Electronics USA, Inc. amending Amended Complaint/Petition #9 , filed by Plaintiff Sansi North America, LLC(Mankey, Caroline) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Plaintiff Sansi North America, LLC. upon LG Electronics USA, Inc. waiver sent by Plaintiff on 8/23/2018, answer due 10/22/2018. Waiver of Service signed by PLAINTIFF. (Mankey, Caroline) |
| Filing 11 21 DAY Summons Issued re First Amended Complaint #9 as to Defendant LG Electronics USA, Inc. (bm) |
| Filing 10 Request for Clerk to Issue Summons on Amended Complaint/Petition #9 filed by Plaintiff Sansi North America, LLC. (Mankey, Caroline) |
| Filing 9 FIRST AMENDED COMPLAINT against LG ELECTRONICS USA, INC., a Delaware corporation Sansi North America, LLC amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Sansi North America, LLC(Mankey, Caroline) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant LG Electronics USA, Inc. (jtil) |
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Filing 7
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Steve Kim. (jtil) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff SANSI NORTH AMERICA, LLC, (Mankey, Caroline) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff SANSI NORTH AMERICA, LLC. (Mankey, Caroline) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff SANSI NORTH AMERICA, LLC. (Mankey, Caroline) |
| Filing 1 COMPLAINT Receipt No: 0973-21658359 - Fee: $400, filed by Plaintiff SANSI NORTH AMERICA, LLC. (Attorney Caroline H Mankey added to party SANSI NORTH AMERICA, LLC(pty:pla))(Mankey, Caroline) |
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