CycleBar Franchising, LLC v. StarCycle Franchise, LLC
| CycleBar Franchising, LLC |
| StarCycle Franchise, LLC |
| 2:2019cv09911 |
| November 19, 2019 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Karen L Stevenson |
| Trademark |
| 28 U.S.C. § 2201 |
| Both |
Docket Report
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This docket was last retrieved on August 3, 2020. A more recent docket listing may be available from PACER.
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| Filing 48 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Order Re Stipulated Dismissal With Prejudice of Action) (gk) |
Filing 47
ORDER RE STIPULATED DISMISSAL WITH PREJUDICE OF ACTION by Judge Dolly M. Gee: Pursuant to the parties' Stipulation under Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure #46 , the Court hereby dismisses the action in its entirety with prejudice, including all parties and all claims and counterclaims. The parties shall bear their own attorneys' fees and costs. ( Case Terminated. Made JS-6. ) (gk)
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| Filing 46 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A)(ii) filed by Defendant and Counterclaimant StarCycle Franchise, LLC, StarCycle Franchise, LLC. (Attachments: #1 Proposed Order Stipulated Dismissal-ORDER)(Gatien, Konrad) |
| Filing 45 Notice of Electronic Filing re Response #44 e-mailed to Malvika Appachana Sinha bounced due to 5.1.0 - Unknown address error. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 44 RESPONSE filed by Plaintiff CycleBar Franchising, LLC, Counter Defendant CycleBar Franchising, LLCto Amended Counterclaim, #43 CYCLEBAR FRANCHISING, LLC'S ANSWER TO FIRST AMENDED COUNTERCLAIM (Weingarten, Alex) |
| Filing 43 FIRST AMENDED COUNTERCLAIM against Plaintiff and Counter-Defendant CycleBar Franchising, LLC, CycleBar Franchising, LLC amending Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #22 ; JURY DEMAND, filed by Defendant and Counterclaimant StarCycle Franchise, LLC, StarCycle Franchise, LLC (Attachments: #1 Exhibit FACC-EXHIBITS 1-6)(Gatien, Konrad) |
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Filing 42
MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION #24 by Judge Dolly M. Gee: Defendant and Counterclaimant StarCycle Franchise, LLC's Motion for Preliminary Injunction #24 is DENIED. See document for further details. Court Reporter: Not Reported. (gk)
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Filing 41
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant and Counterclaimant StarCycle Franchise, LLC's Motion for Preliminary Injunction #24 presently scheduled for hearing on March 27, 2020, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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Filing 40
ORDER RE JOINT STIPULATION AND REQUEST TO EXTEND CYCLEBAR FRANCHISING, LLC'S TIME TO RESPOND TO STARCYCLE FRANCHISE, LLC'S COUNTERCLAIMS #38 by Judge Dolly M. Gee: IT IS HEREBY ORDERED that: 1. The parties' stipulation is APPROVED. 2. CycleBar's deadline for responding to StarCycle's counterclaims is extended to April 20, 2020. (bm)
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| Filing 39 Notice of Appearance or Withdrawal of Counsel: for attorney Malvika Appachana Sinha counsel for Plaintiff CycleBar Franchising, LLC, Counter Defendant CycleBar Franchising, LLC. Adding Malvika A. Sinha as counsel of record for CycleBar Franchising, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff and Counterdefendant CycleBar Franchising, LLC. (Attorney Malvika Appachana Sinha added to party CycleBar Franchising, LLC(pty:pla), Attorney Malvika Appachana Sinha added to party CycleBar Franchising, LLC(pty:cd))(Sinha, Malvika) |
| Filing 38 Joint STIPULATION for Extension of Time to File Answer to April 20, 2020 re Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #22 filed by Plaintiff and Counterdefendant CycleBar Franchising, LLC, CycleBar Franchising, LLC. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time to Answer Counterclaims)(Weingarten, Alex) |
| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew J Busch counsel for Plaintiff CycleBar Franchising, LLC, Counter Defendant CycleBar Franchising, LLC. Adding Matthew J. Busch as counsel of record for CycleBar Franchising, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff and Counterdefendant CycleBar Franchising, LLC. (Attorney Matthew J Busch added to party CycleBar Franchising, LLC(pty:pla), Attorney Matthew J Busch added to party CycleBar Franchising, LLC(pty:cd))(Busch, Matthew) |
| Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey K Logan counsel for Plaintiff CycleBar Franchising, LLC, Counter Defendant CycleBar Franchising, LLC. Adding Jeffrey K. Logan as counsel of record for CycleBar Franchising, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff and Counterdefendant CycleBar Franchising, LLC. (Attorney Jeffrey K Logan added to party CycleBar Franchising, LLC(pty:pla), Attorney Jeffrey K Logan added to party CycleBar Franchising, LLC(pty:cd))(Logan, Jeffrey) |
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Filing 35
ORDER by Judge Dolly M. Gee: Granting #34 REQUEST to Substitute Attorney. Added attorney Alex M Weingarten for CycleBar Franchising, LLC,Alex M Weingarten for CycleBar Franchising, LLC. Attorney Jordan M Heinz; Claudia E Ray; Allison W Buchner and Dale M Cendali terminated (twdb)
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| Filing 34 REQUEST to Substitute attorney Alex M. Weingarten in place of attorney Allison Worthy Buchner filed by Plaintiff CycleBar Franchising, LLC. (Buchner, Allison) |
| Filing 33 DECLARATION of Konrad Gatien in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining Cyclebar Franchising LLC from continued use of the CYCLESTAR mark . Motion #24 Declaration of Konrad Gatien in Support of StarCycle Franchise LLC's REPLY in Support of Motion for Preliminary Injunction filed by Counter Claimant StarCycle Franchise, LLC, Defendant StarCycle Franchise, LLC. (Attachments: #1 Exhibit PI-Reply-Decl (Gatien)-EXHIBITS 26-29)(Gatien, Konrad) |
| Filing 32 REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining Cyclebar Franchising LLC from continued use of the CYCLESTAR mark . Motion #24 filed by Counter Claimant StarCycle Franchise, LLC, Defendant StarCycle Franchise, LLC. (Gatien, Konrad) |
| Filing 31 Pursuant to the Court's Initial Standing Order ("ISO") #13 , the parties must clear a hearing date with the court clerk before filing a motion for summary judgment. Accordingly, the hearing on Defendant and Counterclaimant StarCycle Franchise, LLC's Motion for Preliminary Injunction #24 filed on February 21, 2020 is hereby continued to March 27, 2020 at 2:00 p.m. Defendants counsel are hereby forewarned that any future non-compliance with the ISO in this cases will result in the imposition of sanctions without any further notice or warning. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY |
| Filing 30 DECLARATION of Trevor Lucas in opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining Cyclebar Franchising LLC from continued use of the CYCLESTAR mark . Motion #24 filed by Plaintiff CycleBar Franchising, LLC. (Attachments: #1 Exhibit G, #2 Exhibit H)(Buchner, Allison) |
| Filing 29 DECLARATION of Claudia Ray in opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining Cyclebar Franchising LLC from continued use of the CYCLESTAR mark . Motion #24 filed by Plaintiff CycleBar Franchising, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Buchner, Allison) |
| Filing 28 OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining Cyclebar Franchising LLC from continued use of the CYCLESTAR mark . Motion #24 filed by Plaintiff CycleBar Franchising, LLC. (Attachments: #1 Proposed Order)(Buchner, Allison) |
| Filing 27 DECLARATION of Dionne Del Carlo in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining Cyclebar Franchising LLC from continued use of the CYCLESTAR mark . Motion #24 filed by Counter Claimant StarCycle Franchise, LLC, Defendant StarCycle Franchise, LLC. (Attachments: #1 Exhibit PI-Decl (Del Carlo)-EXHIBITS 16-25)(Gatien, Konrad) |
| Filing 26 DECLARATION of Konrad Gatien in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining Cyclebar Franchising LLC from continued use of the CYCLESTAR mark . Motion #24 filed by Counter Claimant StarCycle Franchise, LLC, Defendant StarCycle Franchise, LLC. (Attachments: #1 Exhibit PI-Decl (Gatien)-EXHIBITS 1-4, #2 Exhibit PI-Decl (Gatien)-EXHIBIT 5, #3 Exhibit PI-Decl (Gatien)-EXHIBITS 6-8, #4 Exhibit PI-Decl (Gatien)-EXHIBITS 9-15)(Gatien, Konrad) |
| Filing 25 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining Cyclebar Franchising LLC from continued use of the CYCLESTAR mark . Motion #24 filed by Counter Claimant StarCycle Franchise, LLC, Defendant StarCycle Franchise, LLC. (Gatien, Konrad) |
| Filing 24 NOTICE OF MOTION AND MOTION for Preliminary Injunction re enjoining Cyclebar Franchising LLC from continued use of the CYCLESTAR mark . Motion filed by Defendant and Counterclaimant StarCycle Franchise, LLC. Motion set for hearing on 3/27/2020 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order Prelim. Inj.-ORDER) (Gatien, Konrad) |
| Filing 23 NOTICE of Interested Parties filed by Defendant and Counterclaimant StarCycle Franchise, LLC, identifying StarCycle Franchise LLC. (Gatien, Konrad) |
| Filing 22 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND, COUNTERCLAIM against CycleBar Franchising, LLC filed by Defendant StarCycle Franchise, LLC. (Attachments: #1 Exhibit Answer&CC-EXHIBITS 1-6)(Attorney Konrad Karl Gatien added to party StarCycle Franchise, LLC(pty:dft))(Gatien, Konrad) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff CycleBar Franchising, LLC, upon Defendant StarCycle Franchise, LLC served on 2/14/2020, answer due 3/6/2020. Service of the Summons and Complaint were executed upon Dionne Del Carlo - Agent for Service of Process in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Buchner, Allison) |
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Filing 20
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Dale M. Cendali to Appear Pro Hac Vice on behalf of Plaintiff CycleBar Franchising, LLC, designating Allison W. Buchner as local counsel #19 . (gk)
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| Filing 19 APPLICATION of Non-Resident Attorney Dale M. Cendali to Appear Pro Hac Vice on behalf of Plaintiff CycleBar Franchising, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24902314) filed by Plaintiff CycleBar Franchising, LLC. (Attachments: #1 Proposed Order) (Buchner, Allison) |
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Filing 18
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Jordan M. Heinz to Appear Pro Hac Vice on behalf of Plaintiff CycleBar Franchising, LLC, designating Allison W. Buchner as local counsel #16 . (gk)
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Filing 17
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Claudia E. Ray to Appear Pro Hac Vice on behalf of Plaintiff CycleBar Franchising, LLC, designating Allison W. Buchner as local counsel #15 . (gk)
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| Filing 16 APPLICATION of Non-Resident Attorney Jordan M. Heinz to Appear Pro Hac Vice on behalf of Plaintiff CycleBar Franchising, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24866402) filed by Plaintiff CycleBar Franchising, LLC. (Attachments: #1 Proposed Order) (Buchner, Allison) |
| Filing 15 APPLICATION of Non-Resident Attorney Claudia E. Ray to Appear Pro Hac Vice on behalf of Plaintiff CycleBar Franchising, LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24866393) filed by Plaintiff CycleBar Franchising, LLC. (Attachments: #1 Proposed Order) (Buchner, Allison) |
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Filing 14
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 13 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jordan M. Heinz. 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 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Dale M. Cendali. 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 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Claudia E. Ray. 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 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant StarCycle Franchise, LLC. (jtil) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Karen L. Stevenson. (jtil) |
| Filing 7 NOTICE of Appearance filed by attorney Allison W Buchner on behalf of Plaintiff CycleBar Franchising, LLC (Buchner, Allison) |
| Filing 6 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by CycleBar Franchising, LLC. (Buchner, Allison) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff CycleBar Franchising, LLC identifying Xponential Fitness, LLC as Corporate Parent. (Buchner, Allison) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff CycleBar Franchising, LLC, identifying CycleBar; StarCycle. (Buchner, Allison) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff CycleBar Franchising, LLC. (Buchner, Allison) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff CycleBar Franchising, LLC. (Buchner, Allison) |
| Filing 1 COMPLAINT Receipt No: 0973-24811817 - Fee: $400, filed by Plaintiff CycleBar Franchising, LLC. (Attorney Allison W Buchner added to party CycleBar Franchising, LLC(pty:pla))(Buchner, Allison) |
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