PASTOR VILLAREAL INC. v. BORDERLAND TRADERS LLC et al
| PASTOR VILLAREAL INC. and PASTOR VILLAREAL INC. doing business as INNOVACION NATURAL |
| Jose De Jesus Garcia, BORDERLAND TRADERS LLC, Jose Garcia, JESUS GARCIA DIEGUEZ and SUERTE Y SALUD LLC |
| 2:2019cv08381 |
| September 27, 2019 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Alexander F MacKinnon |
| Trademark |
| 15 U.S.C. § 1121 |
| Plaintiff |
Docket Report
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| Filing 29 NOTICE OF DEFICIENCY Re: Request for Entry of Default #26 . The Clerk cannot enter the requested relief as: Answer and/or Motion for Summary Judgment and/or Motion to Dismiss on file. Incorrect Event Selected- Correct Event: Civil Events - Motions and Related Filings - Applications/Ex Parte Applications/Motions/Petitions/Requests -Clerk to Enter Default. (iv) |
| Filing 28 ANSWER to Complaint - (Discovery), #1 filed by Defendants BORDERLAND TRADERS LLC, Jose De Jesus Garcia, SUERTE Y SALUD LLC.(Krakovsky, Alexandra) |
| Filing 27 NOTICE of Interested Parties filed by Defendants BORDERLAND TRADERS LLC, Jose De Jesus Garcia, SUERTE Y SALUD LLC, (Attorney Alexandra Krakovsky added to party BORDERLAND TRADERS LLC(pty:dft), Attorney Alexandra Krakovsky added to party Jose De Jesus Garcia(pty:dft), Attorney Alexandra Krakovsky added to party SUERTE Y SALUD LLC(pty:dft))(Krakovsky, Alexandra) |
| Filing 26 REQUEST for Entry of Default against DEFENDANT All Defendants filed by PLAINTIFF PASTOR VILLAREAL INC.. (Attachments: #1 Proposed Order) (Anderson, Gary) |
Filing 25
ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney James M. Smedley to Appear Pro Hac Vice on behalf of Plaintiff Pastor Villareal Inc, designating Gary M. Anderson as local counsel #24 . (iv)
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| Filing 24 APPLICATION of Non-Resident Attorney James M. Smedley to Appear Pro Hac Vice on behalf of Plaintiff PASTOR VILLAREAL INC. (Pro Hac Vice Fee - $400 Previously Paid on 10/4/2019, Receipt No. 0973-24554156) filed by PLAINTIFF PASTOR VILLAREAL INC.. (Attachments: #1 Proposed Order) (Anderson, Gary) |
| Filing 23 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Application to Appear Pro Hac Vice (Smedley) by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 10/21/2019. (iv) |
| Filing 22 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney James M. Smedley to Appear Pro Hac Vice on behalf of Plaintiff PASTOR VILLAREAL INC. (Pro Hac Vice Fee - $400 Previously Paid on 10/4/2019, Receipt No. 0973-24554156) #21 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). (lt) |
| Filing 21 **STRICKEN** APPLICATION of Non-Resident Attorney James M. Smedley to Appear Pro Hac Vice on behalf of Plaintiff PASTOR VILLAREAL INC. (Pro Hac Vice Fee - $400 Previously Paid on 10/4/2019, Receipt No. 0973-24554156) filed by PLAINTIFF PASTOR VILLAREAL INC.. (Attachments: #1 Proposed Order) (Attorney Gary M Anderson added to party PASTOR VILLAREAL INC.(pty:pla)) (Anderson, Gary) Modified on 10/7/2019 Per Order #23 (iv). |
| Filing 20 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Nicholas M Fausto. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 19 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James Michael Smedley. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 18 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 17 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Alexander F. MacKinnon. (jtil) |
| Filing 16 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 2:18-cv-16203, from USDC New Jersey. The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-08381 MWF (AFMx). (jtil) |
| Filing 15 ORIGINAL file, certified copy of transfer order and docket sheet received from New Jersey |
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Filing 14
ORDER that this case is transferred to the Central District of California and the Clerk of Court shall close the file. ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 9/26/2019. (sm) [Transferred from New Jersey on 10/1/2019.]
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| Set Deadlines as to #9 First MOTION for Extension of Time to File Response/Reply . Motion set for 2/19/2019 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm) [Transferred from New Jersey on 10/1/2019.] |
| Filing 13 REPLY to Response to Motion filed by All Defendants re #7 First MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Certificate of Service)(FAUSTO, NICHOLAS) [Transferred from New Jersey on 10/1/2019.] |
| Filing 12 RESPONSE to Motion filed by PASTOR VILLAREAL INC. re #7 First MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Text of Proposed Order Transfer of Venue)(SMEDLEY, JAMES) [Transferred from New Jersey on 10/1/2019.] |
| Filing 11 Amended MOTION for Extension of Time to File Response/Reply to Motion to Dismiss/Motion to Transfer Venue by PASTOR VILLAREAL INC.. (SMEDLEY, JAMES) [Transferred from New Jersey on 10/1/2019.] |
| Filing 10 RESPONSE to Motion filed by All Plaintiffs re #7 First MOTION to Dismiss for Lack of Jurisdiction and Motion to Transfer Venue (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(SMEDLEY, JAMES) [Transferred from New Jersey on 10/1/2019.] |
| Filing 9 First MOTION for Extension of Time to File Response/Reply by All Plaintiffs. (Attachments: #1 Certification)(SMEDLEY, JAMES) [Transferred from New Jersey on 10/1/2019.] |
| CLERK'S QUALITY CONTROL MESSAGE - The motion for extension of time #9 submitted by James Smedley on 1/23/2019 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.) This submission will remain on the docket unless otherwise ordered by the court. (sm) [Transferred from New Jersey on 10/1/2019.] |
| CLERK'S QUALITY CONTROL MESSAGE - The Response #10 submitted by James Smedley on 1/23/2019 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.) This submission will remain on the docket unless otherwise ordered by the court. (sm) [Transferred from New Jersey on 10/1/2019.] |
| Set Deadlines as to #7 First MOTION to Dismiss for Lack of Jurisdiction . Motion set for 2/4/2019 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm) [Transferred from New Jersey on 10/1/2019.] |
| Filing 8 Exhibit to #7 Motion to Dismiss/Lack of Jurisdiction by All Defendants. (Attachments: #1 Brief, #2 Exhibit A, #3 Text of Proposed Order, #4 Certificate of Service)(FAUSTO, NICHOLAS) [Transferred from New Jersey on 10/1/2019.] |
| Filing 7 First MOTION to Dismiss for Lack of Jurisdiction by All Defendants. Responses due by 1/22/2019 (FAUSTO, NICHOLAS) [Transferred from New Jersey on 10/1/2019.] |
| Clerk`s Text Order - The document submitted by JOSE DE JESUS GARCIA, SUERTE Y SALUD LLC, BORDERLAND TRADERS LLC has been GRANTED. The answer due date has been set for 1/3/2019. (sm) [Transferred from New Jersey on 10/1/2019.] |
| Filing 6 Application and Proposed Order for Clerk's Order to extend time to answer. (Attachments: #1 Certificate of Service)(FAUSTO, NICHOLAS) [Transferred from New Jersey on 10/1/2019.] |
| Filing 5 NOTICE of Appearance by NICHOLAS M. FAUSTO on behalf of All Defendants (FAUSTO, NICHOLAS) [Transferred from New Jersey on 10/1/2019.] |
| Filing 4 Corporate Disclosure Statement by PASTOR VILLAREAL INC.. (SMEDLEY, JAMES) [Transferred from New Jersey on 10/1/2019.] |
| Filing 3 AO120 Trademark Form filed. (jr) [Transferred from New Jersey on 10/1/2019.] |
| Filing 2 SUMMONS ISSUED as to BORDERLAND TRADERS LLC, JOSE DE JESUS GARCIA, SUERTE Y SALUD LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jr) [Transferred from New Jersey on 10/1/2019.] |
| Filing 1 COMPLAINT against BORDERLAND TRADERS LLC, JOSE GARCIA, SUERTE Y SALUD LLC ( Filing and Admin fee $ 400 receipt number 0312-9175769) with JURY DEMAND, filed by PASTOR VILLAREAL INC. D/B/A INNOVACION NATURAL.(SMEDLEY, JAMES) [Transferred from New Jersey on 10/1/2019.] |
| Case assigned to Judge Claire C. Cecchi and Magistrate Judge Mark Falk. (jr) [Transferred from New Jersey on 10/1/2019.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. Pro. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party. Please refer to the Court's website at www.njd.uscourts.gov for a form and filing instructions. (jr) [Transferred from New Jersey on 10/1/2019.] |
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