FaceGym, Ltd. v. Skin Gym Inc. et al
| FACEGYM, LTD and FaceGym, Ltd. |
| SKIN GYM INC., Does 1-10 and Karina Sulzer |
| FG 8490 Sunset LLC |
| David Grace |
| Roes |
| 2:2019cv09625 |
| November 8, 2019 |
| US District Court for the Central District of California |
| Cormac J Carney |
| John E McDermott |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 13, 2021. A more recent docket listing may be available from PACER.
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Filing 62
ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT #51 AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT #52 by Judge Cormac J. Carney. The parties' motions for summary judgment are DENIED. (iv)
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| Filing 61 REPLY to Defendants' Response to Plaintiff's Statement of Undisputed Facts Supporting Motion for Partial Summary Judgment filed by Plaintiff FaceGym, Ltd.. (Mankey, Caroline) |
| Filing 60 REPLY in Opposition to Defendants' Opposition to FaceGym, LTD's Motion for Partial Summary Judgment filed by ThirdParty Defendant FG 8490 Sunset LLC, Plaintiff FaceGym, Ltd.. (Mankey, Caroline) |
| Filing 59 REPLY support NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint, all Claims DEFENDANTS SEPARATE STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW #53 , NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First Amended Complaint, all Claims #52 filed by Defendants Skin Gym Inc., Karina Sulzer. (Attachments: #1 declaration of Steven M. Barnhill in support of Defendants motion for summary judgment and in Reply to Plaintiffs opposition thereto, #2 Defendants response to Plaintiffs additional alleged uncontroverted facts in support of its opposition to Defendants motion for summary judgment)(Barnhill, Steven) |
| Filing 58 OPPOSITION to Statement to Genuine Disputed Facts re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint, all Claims DEFENDANTS SEPARATE STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW #53 filed by Plaintiff FaceGym, Ltd.. (Mankey, Caroline) |
| Filing 57 Opposition to Motion For Summary Judgment Or, In The Alternative, For Partial Summary Judgment re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First Amended Complaint, all Claims #52 filed by Plaintiff FaceGym, Ltd.. (Attachments: #1 Declaration of Inge Theron, #2 Declaration of Pete Wylie, #3 Declaration of Lauren Barnett, #4 Declaration of Omotayo Abioye, #5 Declaration of Caroline H. Mankey, #6 Declaration of Keith A Botner, #7 Exhibit Exhibits 14 to 23, #8 Exhibit Exhibits 24 to 30, #9 Exhibit Exhibit 31 to 40, #10 Exhibit Exhibit 41 to 58)(Mankey, Caroline) |
| Filing 56 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment #51 filed by Defendants Skin Gym Inc., Karina Sulzer. (Attachments: #1 Declaration DECLARATION OF STEVEN M. BARNHILL IN OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT, #2 DEFENDANTS RESPONSE TO PLAINTIFFS SEPARATE STATEMENT OF UNDISPUTED FACTS IN OPPOSITION TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT)(Barnhill, Steven) |
| Filing 55 NOTICE OF ERRATA filed by Plaintiff FaceGym, Ltd.. correcting NOTICE OF MOTION AND MOTION for Partial Summary Judgment #51 Docket Entry 51-3 (Attachments: #1 Declaration of Pete Wylie (corrected Docket Entry #51-3)(Mankey, Caroline) |
| Filing 54 Amendment to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First Amended Complaint, all Claims #52 Corrected Declaration of Steven M. Barnhill to included missing first 3 pages filed by Defendants Skin Gym Inc., Karina Sulzer. (Barnhill, Steven) |
| Filing 53 NOTICE OF MOTION AND MOTION for Summary Judgment as to Second Amended Complaint, all Claims DEFENDANTS SEPARATE STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW filed by Defendant Skin Gym Inc., Karina Sulzer. Motion set for hearing on 7/19/2021 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Supplement Proposed Judgment) (Barnhill, Steven) |
| Filing 52 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First Amended Complaint, all Claims filed by Defendant Skin Gym Inc., Karina Sulzer. Motion set for hearing on 7/19/2021 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration Declaration of Steven M. Barnhill, #2 Declaration Declaration of Matthew G. Ezell, #3 Proposed Order Proposed Order) (Barnhill, Steven) |
| Filing 51 NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by Plaintiff FaceGym, Ltd.. Motion set for hearing on 7/19/2021 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Separate Statement of Undisputed Facts, #2 Declaration of Inge Theron, #3 Declaration of Pete Wylie, #4 Declaration of Lauren Barnett, #5 Declaration of Omotayo Abioye, #6 Declaration of Caroline H Mankey, #7 Exhibit 1, #8 Exhibit 2, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5, #12 Exhibit 6, #13 Exhibit 7, #14 Exhibit 8, #15 Exhibit 9, #16 Exhibit 10, #17 Exhibit 11, #18 Exhibit 12, #19 Exhibit 13, #20 Exhibit 14, #21 Exhibit 15, #22 Exhibit 16, #23 Exhibit 17, #24 Exhibit 18, #25 Exhibit 19, #26 Exhibit 20, #27 Exhibit 21, #28 Exhibit 22, #29 Exhibit 23, #30 Exhibit 24, #31 Exhibit 25, #32 Exhibit 26, #33 Exhibit 27, #34 Exhibit 28, #35 Exhibit 29, #36 Exhibit 30, #37 Exhibit 31, #38 Exhibit 32, #39 Exhibit 33, #40 Exhibit 34, #41 Exhibit 35, #42 Exhibit 36, #43 Exhibit 37, #44 Exhibit 38, #45 Exhibit 39, #46 Exhibit 40, #47 Exhibit 41, #48 Exhibit 42, #49 Proposed Order) (Mankey, Caroline) |
| Filing 50 ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #43 filed by Third Party Defendant FG 8490 Sunset LLC.(Attorney Caroline H Mankey added to party FG 8490 Sunset LLC (pty:3pd))(Mankey, Caroline) |
| Filing 49 PLAINTIFF FACEGYM, LTD.'S ANSWER TO [FIRST AMENDED] COUNTERCLAIMS ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #43 filed by Plaintiff FaceGym, Ltd..(Mankey, Caroline) |
| Filing 48 21 DAY Summons Issued re Third Party Complaint #43 as to Third-party defendant FG 8490 Sunset LLC. (lom) |
| Filing 47 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #43 filed by Third Party Plaintiff Skin Gym Inc.. (Barnhill, Steven) |
| Filing 46 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #44 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (twdb) |
| Filing 45 CERTIFICATE of Interested Parties filed by Defendants, Counterclaimant, Third Party Plaintiff Skin Gym Inc., Skin Gym Inc.(a California corporation), Karina Sulzer, (Barnhill, Steven) |
| Filing 44 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Third Party Complaint,, Counterclaim, #43 filed by Third Party Plaintiff Skin Gym Inc.. (Barnhill, Steven) |
| Filing 43 ANSWER to Amended Complaint/Petition #37 with JURY DEMAND , THIRD PARTY COMPLAINT against FG 8490 Sunset LLC, COUNTERCLAIM against All Plaintiffs filed by Defendant, Counterclaimant, Third-Party Plaintiff Skin Gym Inc..(Attorney Steven M Barnhill added to party Skin Gym Inc.(pty:3pp))(Barnhill, Steven) |
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Filing 42
ORDER by Judge Cormac J. Carney: Denying Defendants' MOTION to Dismiss (Dkt. #39 ). Defendants shall fie an answer to Plaintiffs' complaint by 11/2/20. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 41 REPLY support NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaints Second and Third Claims in their entirety, and those portions of the Fifth, Sixth, and Seventh Claims related to any alleged rights based on the Unregistered Marks #39 filed by Defendants Skin Gym Inc., Karina Sulzer. (Barnhill, Steven) |
| Filing 40 OPPOSITION to Defendants' Motion To Dismiss Second Amended Complaint re: NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaints Second and Third Claims in their entirety, and those portions of the Fifth, Sixth, and Seventh Claims related to any alleged rights based on the Unregistered Marks #39 filed by Plaintiff FaceGym, Ltd.. (Mankey, Caroline) |
| Filing 39 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaints Second and Third Claims in their entirety, and those portions of the Fifth, Sixth, and Seventh Claims related to any alleged rights based on the Unregistered Marks filed by Defendant Skin Gym Inc., Karina Sulzer. Motion set for hearing on 10/26/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order Proposed Order on Motion to Dismiss) (Barnhill, Steven) |
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Filing 38
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #36 by Judge Cormac J. Carney. The request of Skin Gym, Inc and Karina Sulzer to substitute Steven Barnhill as attorney of record instead of Craig Gelfound and Sara Schneider is GRANTED. (iv)
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| Filing 37 SECOND AMENDED COMPLAINT against Defendants SKIN GYM INC., KARINA SULZER Skin Gym Inc., Karina Sulzer amending Amended Complaint/Petition #15 , filed by Plaintiff FaceGym, Ltd.(Mankey, Caroline) |
| Filing 36 REQUEST TO SUBSTITUTE ATTORNEY Steven M. Barnhill in place of attorney Craig A. Gelfound filed by Defendant Skin Gym Inc., Karina Sulzer. (Attachments: #1 Proposed Order) (Gelfound, Craig) |
| Filing 35 MEDIATION REPORT Filed by Mediator (ADR Panel) David Grace: Mediation held on August 26, 2020. 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(Grace, David) |
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Filing 34
ORDER by Judge Cormac J. Carney: Granting Defendants' MOTION for Judgment on the Pleadings [Dkt. #27 . FaceGyms second and third claims, as well as its fifth, six, and seventh claims insofar as they concern its unregistered marks, are DISMISSED WITH FOURTEEN DAYS LEAVE TO AMEND. (twdb)
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Filing 33
PROTECTIVE ORDER #32 by Magistrate Judge John E. McDermott. re Stipulation for Protective Order. #32 (See document for details.) (es)
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| Filing 32 STIPULATION for Protective Order FaceGym, Ltd.. (Attachments: #1 Proposed Order)(Mankey, Caroline) |
| Filing 31 REPLY support NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Judgment on the Pleadings Pursuant to Fed. R. Civ. P. Rule 12(c) #27 filed by Defendants Skin Gym Inc., Karina Sulzer. (Gelfound, Craig) |
| Filing 30 OPPOSITION to Defendants' Motion for Judgment on The Pleadings re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Judgment on the Pleadings Pursuant to Fed. R. Civ. P. Rule 12(c) #27 filed by Plaintiff FaceGym, Ltd.. (Mankey, Caroline) |
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Filing 29
ORDER CONTINUING HEARING ON DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS #28 by Judge Cormac J. Carney. IT IS HEREBY ORDERED that: (a) The hearing on Defendants' Motion for Judgment on the Pleadings shall be continued from August 17, 2020, to August 31, 2020 at 1:30 p.m.; (b) the deadline for Plaintiff to file an opposition to the Motion for Judgment on the Pleadings shall be continued from July 27, 2020, to August 3, 2020; and (c) the deadline for Defendants to file a reply to Plaintiff's opposition to the Motion for Judgment on the Pleadings shall be continued from August 3, 2020, to August 17, 2020. (lom)
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| Filing 28 STIPULATION to Continue Hearing on Defendants' Motion for Judgment on the Pleadings from August 17, 2020 to August 31, 2020 Re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Judgment on the Pleadings Pursuant to Fed. R. Civ. P. Rule 12(c) #27 filed by Plaintiff FaceGym, Ltd.. (Attachments: #1 Proposed Order)(Mankey, Caroline) |
| Filing 27 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to Judgment on the Pleadings Pursuant to Fed. R. Civ. P. Rule 12(c) filed by Defendants Skin Gym Inc., Karina Sulzer. Motion set for hearing on 8/17/2020 at 01:30 AM before Judge Cormac J. Carney. (Attachments: #1 Proposed Order) (Gelfound, Craig) |
| Filing 26 TEXT ONLY ENTRY: NOTICE TO PARTIES by District Judge Cormac J. Carney. Effective July 13, 2020, Judge Cormac J. Carney will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9B, on the 9th floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9B of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Carneys Courtroom Deputy Clerk, may be reached at CJC_Chambers@cacd.uscourts.gov. The location for filing civil and/or criminal documents in paper format exempted from electronic filing is at the Clerks Office, Ronald Reagan Federal Building and U.S. Courthouse, located at 411 W. 4th Street, Santa Ana, California 92701-4516. Documents under this exemption may also be filed in the Los Angeles or Riverside courthouses. Please refer to Judge Carneys Procedures and Schedules Page on the Courts website **UPDATED AS OF JULY 9, 2020** for updated procedures regarding mandatory chambers copies. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
| Filing 25 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) David Grace has been assigned to serve as Panel Mediator. (mb) |
| Filing 24 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that David Grace may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff FaceGym, Ltd.(Mankey, Caroline) |
| Filing 23 STIPULATION for Order Stipulation to Extend Time to Respond to Discovery filed by Defendants Skin Gym Inc., Karina Sulzer.(Gelfound, Craig) |
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Filing 22
ORDER REGARDING SETTLEMENT PROCEDURES, PRE-TRIAL CONFERENCE, AND TRIAL by Judge Cormac J. Carney. (gga)
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Filing 21
SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 5/20/2021. Motions due by 7/19/2021. Last date to conduct settlement conference is 6/3/2021. Pretrial Conference set for 9/13/2021 at 3:00 p.m. Jury Trial set for 9/21/2021 at 8:30 a.m. (gga)
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| Filing 20 JOINT RULE 26 REPORT filed by Plaintiff FaceGym, Ltd.. (Mankey, Caroline) |
| Filing 19 ANSWER to Answer to Complaint (Attorney Civil Case Opening),,, Counterclaim,, #16 PLAINTIFF FACEGYM, LTD.'S ANSWER TO COUNTERCLAIMS filed by Plaintiff FaceGym, Ltd..(Mankey, Caroline) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #16 . The following error(s) was/were found: Corporate Disclosure Statement should have been filed as a separate filing and not as an attachment. 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 17 NOTICE OF INTENT upon filing of the complaint by Judge Cormac J. Carney. Scheduling order to be issued on April 23, 2020. (gga) |
| Filing 16 ANSWER to Amended Complaint/Petition #15 with JURY DEMANDDefendants and Counterclaimants Skin Gym Inc.'s and Karina Sulzer's Answer to First Amended Complaint, Affirmative Defenses and Counterclaims, COUNTERCLAIM against All Plaintiffs filed by Defendants Karina Sulzer, Skin Gym Inc.. (Attachments: #1 Corporate Disclosure Statement)(Attorney Craig A Gelfound added to party Skin Gym Inc.(pty:dft), Attorney Craig A Gelfound added to party Karina Sulzer(pty:dft))(Gelfound, Craig) |
| Filing 15 FIRST AMENDED COMPLAINT against Defendants Skin Gym Inc., Karina Sulzer amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff FaceGym, Ltd.(Mankey, Caroline) |
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Filing 14
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge Cormac J. Carney for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-09625 CJC(JEMx). (rn)
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| Filing 13 WAIVER OF SERVICE Returned Executed filed by Plaintiff FaceGym, Ltd.. upon Karina Sulzer waiver sent by Plaintiff on 11/19/2019, answer due 1/21/2020. Waiver of Service signed by Craig Gelfound of Arent Fox LLP. (Mankey, Caroline) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Plaintiff FaceGym, Ltd.. upon Skin Gym Inc. waiver sent by Plaintiff on 11/19/2019, answer due 1/21/2020. Waiver of Service signed by Craig Gelfound of Arent Fox LLP. (Mankey, Caroline) |
| Filing 11 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by FaceGym, Ltd.. (Mankey, Caroline) |
| Filing 10 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. (et) |
| Filing 9 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: The Civil Cover Sheet is attached to the Complaint. It should have been filed and entered separately under its proper event. You are not required to take any action to correct this deficiency unless the Court so directs. (et) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Karina Sulzer. (et) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Skin Gym Inc. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge John E. McDermott. (et) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff FACEGYM, LTD, (Mankey, Caroline) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff FACEGYM, LTD. (Mankey, Caroline) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff FACEGYM, LTD. (Mankey, Caroline) |
| Filing 1 COMPLAINT Receipt No: 0973-24754254 - Fee: $400, filed by Plaintiff FACEGYM, LTD. (Attachments: #1 Civil Cover Sheet) (Attorney Caroline H Mankey added to party FACEGYM, LTD(pty:pla))(Mankey, Caroline) |
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