Hem and Thread, Inc. et al v. Wholesalefashionsquare.com, Inc. et al
| Hem and Thread, Inc. and Hyun Kim |
| Andrew Lee, Min Lee, Downtown 11th, Inc., Wholesalefashionsquare.com, Inc., Andrew Lee individually doing business as Boswell Fashion and Min Lee individually doing business as Rousseau |
| 2:2019cv00283 |
| January 14, 2019 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Consuelo B Marshall |
| Trademark |
| 15 U.S.C. § 1127 |
| Plaintiff |
Docket Report
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Filing 22
MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: The Court finds that defendant's motion to dismiss plaintiffs' complaint #13 , filed on February 19, 2019 and currently set for hearing on March 19, 2019, is appropriate for decision without oral argument. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary on March 19, 2019. A written order will issue. (shb)
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| Filing 21 PROOF OF SERVICE Executed by Plaintiff Hem and Thread, Inc., Hyun Kim, upon Defendant Andrew Lee served on 2/20/2019, answer due 3/13/2019. Service of the Summons and Complaint were executed upon Andrew Lee, individually dba BOSWELL FASHION in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Kim, Mitchell) |
| Filing 20 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum In Support Thereof #13 filed by Defendant Wholesalefashionsquare.com, Inc.. (Wagner, Avi) |
| Filing 19 PROOF OF SERVICE Executed by Defendant Hem and Thread, Inc., Hyun Kim, upon Defendant Downtown 11th, Inc. served on 2/19/2019, answer due 3/12/2019. Service of the Summons and Complaint were executed upon Chong Boon Kim, Agent for Service of Process in compliance with Federal Rules 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. (Kim, Mitchell) |
| Filing 18 OBJECTIONS to Request for Judicial Notice, #14 filed by Plaintiffs Hem and Thread, Inc., Hyun Kim. (Ungaro II, Joseph) |
| Filing 17 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum In Support Thereof #13 filed by Plaintiff Hem and Thread, Inc.. (Attachments: #1 Declaration of Joseph A Ungaro, II in Support of Plaintiffs Hem & Thread, Inc.'s and Hyun Kim's Opposition to Defendant Wholesalefashionsquare.com's Motion to Dismiss Plaintiffs' Complaint)(Ungaro II, Joseph) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Hem and Thread, Inc., Hyun Kim, upon Defendant Min Lee served on 2/12/2019, answer due 3/5/2019. Service of the Summons and Complaint were executed upon MIN LEE, Individually dba ROUSSEAU in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy.Original Summons returned. (Kim, Mitchell) |
| Filing 15 NOTICE of Interested Parties filed by Defendant Wholesalefashionsquare.com, Inc., (Wagner, Avi) |
| Filing 14 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum In Support Thereof #13 filed by Defendant Wholesalefashionsquare.com, Inc.. (Attachments: #1 Exhibit 1 - Trademark registration no. 4412245, #2 Exhibit 2 - Plaintiff Hem & Thread Inc.s Articles of Incorporation)(Wagner, Avi) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case ; Memorandum In Support Thereof filed by Defendant Wholesalefashionsquare.com, Inc.. Motion set for hearing on 3/19/2019 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Proposed Order) (Attorney Avi N Wagner added to party Wholesalefashionsquare.com, Inc.(pty:dft)) (Wagner, Avi) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Hem and Thread, Inc., Hyun Kim, upon Defendant Wholesalefashionsquare.com, Inc. served on 1/29/2019, answer due 2/19/2019. Service of the Summons and Complaint were executed upon Gerber & Co., Inc. Agent for Service Moshe Y. Graber in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Kim, Mitchell) |
| Filing 11 PROOF OF SERVICE filed by PLAINTIFF Hem and Thread, Inc., re Summons Issued #10 , Complaint (Attorney Civil Case Opening) #1 , Civil Cover Sheet (CV-71) #2 , Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) #3 , Certificate/Notice of Interested Parties, #4 , Notice of Assignment to United States Judges(CV-18) - optional html form #6 served on January 29, 2019. (Kim, Mitchell) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Downtown 11th, Inc., Andrew Lee, Min Lee, Wholesalefashionsquare.com, Inc. (shb) |
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Filing 9
STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. (ys)
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| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiffs Hem and Thread, Inc., Hyun Kim. (Kim, Mitchell) |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #5 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Alexander F. MacKinnon. (ghap) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Hem & Thread, Inc., a California Corporation, Hyun Kim. (Kim, Mitchell) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Hem & Thread, Inc., a California Corporation, Hyun Kim, identifying Hem & Thread, Inc.; Hyun Kim; Wholesalefashionsquare.com, Inc.; Downtown 11th, Inc.; Min Lee, individually dba Rousseau; Andrew Lee, individually dba Boswell Fashion. (Attorney Mitchell S Kim added to party Hyun Kim(pty:pla))(Kim, Mitchell) |
| Filing 3 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Hem & Thread, Inc., a California Corporation, Hyun Kim. (Kim, Mitchell) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Hem & Thread, Inc., a California Corporation, Hyun Kim. (Kim, Mitchell) |
| Filing 1 COMPLAINT Receipt No: 0973-23039835 - Fee: $400, filed by Plaintiff Hem & Thread, Inc., a California Corporation. (Attorney Mitchell S Kim added to party Hem & Thread, Inc., a California Corporation(pty:pla))(Kim, Mitchell) |
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