Jasmin Larian LLC v. Joseph D'Arezzo, Inc., et al
Petitioner: Jasmin Larian LLC and Jasmin Larian LLC a Delaware limited liability company doing business as Cult Gaia
Respondent: Joseph D'Arezzo, Inc. and Does 1 through 10, inclusive
Case Number: 2:2019cv09891
Filed: November 19, 2019
Court: US District Court for the Central District of California
Presiding Judge: Consuelo B Marshall
Referring Judge: Frederick F Mumm
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 44
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 26, 2019 Filing 42 REQUEST TO SUBSTITUTE ATTORNEY John T. Griffin in place of attorney Janice Berkowitz filed by Defendant Joseph D'Arezzo, Inc.. (Attachments: #1 Proposed Order on Request for Approval of Substitution or Withdrawal of Attorney) (Griffin, John)
November 19, 2019 Filing 41 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Janice Berkowitz. 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)
November 19, 2019 Filing 40 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Frederick F. Mumm. (jtil)
November 19, 2019 Filing 39 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:19-cv-06347, from USDC Southern New York. The above-referenced case has been transferred to this district and assigned the above civil case number 2:19-cv-09891 CBM (FFMx). (jtil)
November 19, 2019 Filing 38 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Southern
November 18, 2019 Opinion or Order Filing 37 ORDER re: #36 Proposed Stipulation and Order filed by Jasmin Larian, LLC: For good cause shown, and upon the stipulation of the parties, it is hereby ordered that this case is transferred to the United States District Court for the Central District of California located at 350 w. 1st Street, Los Angeles, CA. 90012. (Signed by Judge George B. Daniels on 11/18/2019) (jwh) [Transferred from New York Southern on 11/21/2019.]
November 18, 2019 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Central District of California (jwh) [Transferred from New York Southern on 11/21/2019.]
November 15, 2019 Filing 36 PROPOSED STIPULATION AND ORDER. Document filed by Jasmin Larian, LLC. (Attachments: #1 Text of Proposed Order) (Lopez, Joseph) [Transferred from New York Southern on 11/21/2019.]
September 24, 2019 Filing 35 LETTER addressed to Judge George B. Daniels from Jasmin Larian, LLC dated September 24, 2019 re: Request to Appear Telephonically At Initial Pretrial Conference. Document filed by Jasmin Larian, LLC.(Lopez, Joseph) [Transferred from New York Southern on 11/21/2019.]
September 12, 2019 Opinion or Order Filing 34 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY re: #32 Notice of Substitution of Attorney, filed by Joseph D'Arezzo, Inc.. The substitution of attorney is hereby approved and so ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/11/2019) Attorney John T Griffin terminated. (ks) [Transferred from New York Southern on 11/21/2019.]
September 10, 2019 Filing 33 NOTICE OF APPEARANCE by Janice Berkowitz on behalf of Joseph D'Arezzo, Inc.. (Berkowitz, Janice) [Transferred from New York Southern on 11/21/2019.]
September 10, 2019 Filing 32 NOTICE of Substitution of Attorney. Old Attorney: John T. Griffin & Benjamin C. Bertch, New Attorney: Janice Berkowitz, Address: Ahmuty Demers & McManus, 200 I.U. Willets Road, Albertson, New York, United States 11507, (516) 294-5433. Document filed by Joseph D'Arezzo, Inc.. (Berkowitz, Janice) [Transferred from New York Southern on 11/21/2019.]
July 22, 2019 Opinion or Order Filing 31 ORDER: IT IS HEREBY ORDERED that a telephonic status conference shall be held on February 4, 2020, at 10:00 a.m. Counsel to the plaintiff shall initiate the call to (212) 805-6705. SO ORDERED. (Telephone Conference set for 2/4/2020 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/19/2019) (anc) [Transferred from New York Southern on 11/21/2019.]
July 12, 2019 Opinion or Order Filing 30 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Judge George B. Daniels on 7/12/2019) (ama) Modified on 7/12/2019 (ama). [Transferred from New York Southern on 11/21/2019.]
July 12, 2019 Opinion or Order Filing 29 INITIAL PRETRIAL CONFERENCE: This case has been designated an electronic case and has been assigned to this Court for all purposes. Counsel for all parties are required to promptly register as filing "USERS" in accordance with the procedure for Electronic Case Filing. An Initial pretrial conference will be held on Wednesday, December 4, 2019 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. And as set forth herein. SO ORDERED. Initial Conference set for 12/4/2019 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 7/11/2019) (ama) [Transferred from New York Southern on 11/21/2019.]
July 11, 2019 CASE ACCEPTED AS RELATED. Create association to 1:18-cv-02043-GBD-KNF. Notice of Assignment to follow. (jc) [Transferred from New York Southern on 11/21/2019.]
July 11, 2019 NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Unassigned is no longer assigned to the case. (jc) [Transferred from New York Southern on 11/21/2019.]
July 11, 2019 Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jc) [Transferred from New York Southern on 11/21/2019.]
July 9, 2019 Filing 28 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:18-cv-10438. Original file certified copy of transfer order and docket entries received. (sjo) [Transferred from New York Southern on 11/21/2019.]
July 9, 2019 Case Designated ECF. (sjo) [Transferred from New York Southern on 11/21/2019.]
July 9, 2019 CASE REFERRED TO Judge George B. Daniels as possibly related to 1:18-cv-02043. (sjo) [Transferred from New York Southern on 11/21/2019.]
July 9, 2019 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) [Transferred from New York Southern on 11/21/2019.]
July 2, 2019 Opinion or Order Filing 27 ORDER GRANTING DEFENDANTS MOTION TO TRANSFER VENUE #13 by Judge Otis D. Wright, II: The Court GRANTS Defendants Motion to Transfer Venue to the United States District Court for the Southern District of New York. Accordingly, Defendants request to dismiss and/or stay this action is DENIED as MOOT.The Clerk of the Court shall transfer this case to the United States DistrictCourt for the Southern District of New York, Case Number 18-cv-2043-RWS, locatedat 500 Pearl Street, New York, New York 10007-1312. ( MD JS-6. Case Terminated ) (lc) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
April 5, 2019 Opinion or Order Filing 26 ORDER GRANTING STIPULATION TO CONTINUE SCHEDULING CONFERENCE #25 by Judge Otis D. Wright, II. IT IS HEREBY ORDERED that the Scheduling Conference currently set for April 15, 2019 at 1:30 p.m. and all related dates are VACATED. Upon the Court's decision on the Motion to Dismiss, and if necessary, the Court will set a hearing for the Scheduling Conference. (lom) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
April 4, 2019 Filing 25 STIPULATION to Continue Scheduling Conference filed by Defendant Joseph D'Arezzo, Inc.. (Attachments: #1 Proposed Order)(Griffin, John) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
March 6, 2019 Filing 24 The hearing on the MOTION TO DISMISS #13 , scheduled for March 11, 2019 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
February 25, 2019 Filing 23 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case or Stay Case, or in the Alternative, Transfer Case #13 //Supplemental Request for Judicial Notice filed by Defendant Joseph D'Arezzo, Inc.. (Bertch, Benjamin) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
February 25, 2019 Filing 22 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case or Stay Case, or in the Alternative, Transfer Case #13 filed by Defendant Joseph D'Arezzo, Inc.. (Attorney Benjamin Caleb Bertch added to party Joseph D'Arezzo, Inc.(pty:dft))(Bertch, Benjamin) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
February 19, 2019 Filing 21 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case or Stay Case, or in the Alternative, Transfer Case #13 filed by Plaintiff Jasmin Larian LLC. (Attachments: #1 Declaration of Joseph A. Lopez, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Lopez, Joseph) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
February 14, 2019 Opinion or Order Filing 20 ORDER GRANTING REQUEST TO SUBSTITUTE ATTORNEY John T. Griffin in place and instead of Sean M. Sullivan as counsel of record for Defendant Joseph D'Arezzo, Inc. #19 by Judge Otis D. Wright, II (lc) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
February 13, 2019 Filing 19 REQUEST TO WITHDRAW ATTORNEY Sean M. Sullivan as counsel of record filed by Defendant Joseph D'Arezzo, Inc.. (Attachments: #1 Proposed Order) (Attorney John T Griffin added to party Joseph D'Arezzo, Inc.(pty:dft)) (Griffin, John) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
February 7, 2019 Opinion or Order Filing 18 ORDER that the Scheduling Conference is set for 4/15/19 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
February 6, 2019 Filing 17 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Joseph D'Arezzo, Inc..(Sullivan, Sean) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
February 6, 2019 Filing 16 NOTICE of Related Case(s) filed by Defendant Joseph D'Arezzo, Inc.. Related Case(s): Steven Madden, Ltd. v. Jasmin Larian, LLC, No. 18-cv-2043-RWS (S.D.N.Y. 2018) (Sullivan, Sean) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
February 6, 2019 Filing 15 NOTICE of Interested Parties filed by Defendant Joseph D'Arezzo, Inc., identifying Jasmin Larian, LLC dba Cult Gaia, Plaintiff; Joseph D'Arezzo, Inc., Defendant; Nationwide Mutual Insurance Company, Defendant's Insurance Carrier. (Sullivan, Sean) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
February 6, 2019 Filing 14 CORPORATE DISCLOSURE STATEMENT filed by Defendant Joseph D'Arezzo, Inc. identifying No Corporate Parent as Corporate Parent. (Sullivan, Sean) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
February 6, 2019 Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case or Stay Case, or in the Alternative, Transfer Case filed by Defendant Joseph D'Arezzo, Inc.. Motion set for hearing on 3/11/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Request for Judicial Notice in Support of Motion to Dismiss or Stay, #2 Exhibit A to Request for Judicial Notice, #3 Exhibit B to Request for Judicial Notice, #4 Proposed Order Granting Motion to Dismiss or Stay Under the First-To-File Rule, or in the Alternative, to Transfer to the Southern District of New York) (Sullivan, Sean) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
January 30, 2019 Filing 12 Second STIPULATION Extending Time to Answer the complaint as to Joseph D'Arezzo, Inc. answer now due 2/6/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Joseph D'Arezzo, Inc..(Sullivan, Sean) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
January 16, 2019 Filing 11 STIPULATION Extending Time to Answer the complaint as to Joseph D'Arezzo, Inc. answer now due 1/30/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Joseph D'Arezzo, Inc..(Attorney Sean M Sullivan added to party Joseph D'Arezzo, Inc.(pty:dft))(Sullivan, Sean) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
December 28, 2018 Filing 10 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Jasmin Larian LLC. (Lopez, Joseph) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
December 20, 2018 Opinion or Order Filing 9 MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
December 19, 2018 Filing 8 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. (esa) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
December 19, 2018 Filing 7 21 DAY Summons issued re Complaint #1 as to defendant Joseph D'Arezzo, Inc. (esa) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
December 19, 2018 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
December 19, 2018 Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alka Sagar. (esa) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
December 17, 2018 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jasmin Larian LLC. (Lopez, Joseph) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
December 17, 2018 Filing 3 NOTICE of Interested Parties filed by Plaintiff Jasmin Larian LLC, (Lopez, Joseph) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
December 17, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiff Jasmin Larian LLC. (Lopez, Joseph) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]
December 17, 2018 Filing 1 COMPLAINT Receipt No: 0973-22909286 - Fee: $400, filed by Plaintiff Jasmin Larian LLC. (Attorney Joseph A Lopez added to party Jasmin Larian LLC(pty:pla))(Lopez, Joseph) [Transferred from California Central on 7/9/2019.] [Transferred from New York Southern on 11/21/2019.]

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Petitioner: Jasmin Larian LLC
Represented By: Joseph A Lopez
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Petitioner: Jasmin Larian LLC a Delaware limited liability company doing business as Cult Gaia
Represented By: Joseph A Lopez
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Respondent: Joseph D'Arezzo, Inc.
Represented By: Benjamin Caleb Bertch
Represented By: Sean M Sullivan
Represented By: Janice Berkowitz
Represented By: John T Griffin
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Respondent: Does 1 through 10, inclusive
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