Deus Ex Machina Motorcycles Pty. Ltd. v. Metro-Goldwyn-Mayer Inc. et al
| Deus Ex Machina Motorcycles Pty. Ltd. |
| Warner Bros. Entertainment Inc. and Metro-Goldwyn-Mayer Inc. |
| 2:2020cv04822 |
| May 29, 2020 |
| US District Court for the Central District of California |
| Paul L Abrams |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 24, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 40 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A)(ii) filed by plaintiff Deus Ex Machina Motorcycles Pty. Ltd..(Brower, Steven) |
| Filing 39 TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Paul L. Abrams. Defendants filed an Answer on February 10, 2021 (ECF No. 36). As such, Fed.R.Civ.P. 41(a)(1)(A)(i) does not apply, and plaintiff's Notice of Voluntary Dismissal (ECF No. 38) cannot be entered. NO LATER THAN FEBRUARY 26, 2021, plaintiff shall file either a stipulation of dismissal (Fed.R.Civ.P. 41(a)(1)(A)(ii)), or a request for dismissal containing information from which the Court can determine if the terms of dismissal are proper (Fed.R.Civ.P. 41(a)(2)). #36 #38 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY |
| Filing 38 NOTICE of Voluntary Dismissal filed by plaintiff Deus Ex Machina Motorcycles Pty. Ltd.. Dismissal is with prejudice. (Brower, Steven) |
Filing 37
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Paul L. Abrams. This matter is set for a scheduling conference on the above date. [see document for details and deadlines.] (es)
|
| Filing 36 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendants Metro-Goldwyn-Mayer Inc., Warner Bros. Entertainment Inc..(Bost, Paul) |
| Filing 35 SCHEDULING NOTICE TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Paul L. Abrams. On October 23, 2020, the Court granted in part and denied in part defendants' Motion to Dismiss. (ECF No. 32). Plaintiff was given the opportunity to file a First Amended Complaint no later than 30 days from the date of that Order. (Id.). The deadline was extended at the request of the parties to December 14, 2020. (ECF No. 34). Plaintiff did not file a First Amended Complaint, and the time to do so has long passed. Accordingly, consistent with the October 23, 2020, Order, plaintiff's second cause of action contained in the Complaint is hereby dismissed with prejudice, and the first and third causes of action are dismissed with prejudice with respect to the Film, its trailer, and Melton's promotional appearance in which he allegedly wore plaintiff's clothing. Defendants' Answer to the Complaint is due NO LATER THAN FEBRUARY 10, 2021. #32 #34 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY |
|
Filing 34
ORDER RE: STIPULATION TO: (1) EXTEND TIME TO FILE AMENDED COMPLAINT; (2) EXTEND TIME TO RESPOND TO AMENDED COMPLAINT; AND (3) ALLOW A STIPULATED BRIEFING SCHEDULE #33 by Magistrate Judge Paul L. Abrams. It is hereby ORDERED that; (1) The date for Plaintiff to file an Amended Complaint is extended by 21 days to 12/14/2020; (2) The date for Defendants to respond to the Amended Complaint is extended to 1/11/2021; and (3) Should Defendants file a motion to dismiss the Amended Complaint, the parties will enter into a stipulated briefing schedule allowing Defendants two weeks to file a reply brief after Plaintiff files an opposition brief. (es)
|
| Filing 33 STIPULATION for Extension of Time to Amend Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Deus Ex Machina Motorcycles Pty. Ltd.. (Attachments: #1 Proposed Order)(Brower, Steven) |
|
Filing 32
MINUTES (IN CHAMBERS) Order re Defendants' Motion to Dismiss (Docket No. 25) by Magistrate Judge Paul L. Abrams: Pending before the Court is a Motion to Dismiss filed by defendants. (Docket No. 25). For the reasons explained below, the Motion to Dismiss is GRANTED in part and DENIED in part. [See document for details.] (es)
|
| Filing 31 SCHEDULING NOTICE TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Paul L. Abrams. The Court has concluded that oral argument will not be of material assistance in determining defendants' Motion to Dismiss (ECF No. 25). Accordingly, the Motion set for September 30, 2020, is ORDERED OFF CALENDAR (see Local Rule 7-15), and is now under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY |
| Filing 30 REPLY In Support of a Motion NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Defendants Metro-Goldwyn-Mayer Inc., Warner Bros. Entertainment Inc.. (Attachments: #1 Response to Plaintiff's Objections to the Declaration of Paul A. Bost, #2 Response to Plaintiff's Objections to the Request for Judicial Notice)(Bost, Paul) |
| Filing 29 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Plaintiff Deus Ex Machina Motorcycles Pty. Ltd.. (Attachments: #1 Declaration Decl of Steven Brower in Opposition to Motion to Dismiss, #2 Exhibit Exhibit A to Decl of Brower, #3 Supplement Objection to Request for Judicial Notice, #4 Supplement Evidentiary Objection to Decl of Bost)(Brower, Steven) |
| Filing 28 NOTICE of Interested Parties filed by Defendants Metro-Goldwyn-Mayer Inc., Warner Bros. Entertainment Inc., identifying Corporate Parents. (Bost, Paul) |
| Filing 27 CORPORATE DISCLOSURE STATEMENT filed by Defendants Metro-Goldwyn-Mayer Inc., Warner Bros. Entertainment Inc. identifying MGM Holdings Inc. and AT&T Inc. as Corporate Parent. (Bost, Paul) |
| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #25 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (es) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Metro-Goldwyn-Mayer Inc., Warner Bros. Entertainment Inc.. Motion set for hearing on 9/30/2020 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Memorandum, #2 Declaration of Paul A. Bost, #3 Request for Judicial Notice, #4 Notice of Lodging, #5 Proposed Order Granting Motion to Dismiss) (Pietrini, Jill) |
| Filing 24 STIPULATION Extending Time to Answer the complaint as to Metro-Goldwyn-Mayer Inc. answer now due 8/24/2020; Warner Bros. Entertainment Inc. answer now due 8/24/2020, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Metro-Goldwyn-Mayer Inc.; Warner Bros. Entertainment Inc..(Bost, Paul) |
| Filing 23 NOTICE TO COUNSEL: ALL PARTIES having consented to proceed before the Magistrate Judge, this case remains assigned to Magistrate Judge Paul L. Abrams for final disposition re: Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final #21 , Consent to Proceed (CV-11C) before US Magistrate Judge Direct Assignment Program Non-Final #22 (rn) |
| Filing 22 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Deus Ex Machina Motorcycles Pty. Ltd.. (Brower, Steven) |
| Filing 21 STATEMENT OF CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE filed by Defendants Metro-Goldwyn-Mayer Inc., Warner Bros. Entertainment Inc. (Pietrini, Jill) |
| Filing 20 WAIVER OF SERVICE Returned Executed filed by Defendant Warner Bros. Entertainment Inc.. Waiver of Service signed by Jill M. Pietrini. (Pietrini, Jill) |
| Filing 19 WAIVER OF SERVICE Returned Executed filed by Defendant Metro-Goldwyn-Mayer Inc.. Waiver of Service signed by Jill M. Pietrini. (Pietrini, Jill) |
| Filing 18 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (ch) |
| Filing 17 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Defendant Warner Bros. Entertainment Inc., upon Defendant Warner Bros. Entertainment Inc. acknowledgment sent by Plaintiff on 6/3/2020, answer due 6/24/2020. Acknowledgment of Service signed by Jill M. Pietrini, Attorney of Record. (Pietrini, Jill) |
| Filing 16 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Defendant Metro-Goldwyn-Mayer Inc., upon Defendant Metro-Goldwyn-Mayer Inc. acknowledgment sent by Plaintiff on 6/3/2020, answer due 6/24/2020. Acknowledgment of Service signed by Jill M. Pietrini, Attorney of Record. (Pietrini, Jill) |
| Filing 15 NOTICE of Appearance filed by attorney Paul A Bost on behalf of Defendants Metro-Goldwyn-Mayer Inc., Warner Bros. Entertainment Inc. (Attorney Paul A Bost added to party Metro-Goldwyn-Mayer Inc.(pty:dft), Attorney Paul A Bost added to party Warner Bros. Entertainment Inc.(pty:dft))(Bost, Paul) |
| Filing 14 NOTICE of Appearance filed by attorney Benjamin O Aigboboh on behalf of Defendants Metro-Goldwyn-Mayer Inc., Warner Bros. Entertainment Inc. (Attorney Benjamin O Aigboboh added to party Metro-Goldwyn-Mayer Inc.(pty:dft), Attorney Benjamin O Aigboboh added to party Warner Bros. Entertainment Inc.(pty:dft))(Aigboboh, Benjamin) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Jill M Pietrini counsel for Defendants Metro-Goldwyn-Mayer Inc., Warner Bros. Entertainment Inc.. Adding Jill M. Pietrini as counsel of record for METRO-GOLDWYN-MAYER INC. and WARNER BROS. ENTERTAINMENT INC. for the reason indicated in the G-123 Notice. Filed by Defendants METRO-GOLDWYN-MAYER INC. and WARNER BROS. ENTERTAINMENT INC.. (Attorney Jill M Pietrini added to party Metro-Goldwyn-Mayer Inc.(pty:dft), Attorney Jill M Pietrini added to party Warner Bros. Entertainment Inc.(pty:dft))(Pietrini, Jill) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer A Needs counsel for Plaintiff Deus Ex Machina Motorcycles Pty. Ltd.. Adding Jennifer A. Needs as counsel of record for Deus Ex Machina Motorcycles Pty. Ltd. for the reason indicated in the G-123 Notice. Filed by Plaintiff Deus Ex Machina Motorcycles Pty. Ltd.. (Attorney Jennifer A Needs added to party Deus Ex Machina Motorcycles Pty. Ltd.(pty:pla))(Needs, Jennifer) |
| Filing 11 TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Paul L. Abrams. This action has been assigned to the calendar of Magistrate Judge Paul L. Abrams under the Civil Consent Pilot Project. The parties are reminded to review the time requirements for consent set forth in the Notice to Counsel that was issued at the time of the filing of the complaint. Plaintiff is instructed to forthwith serve a copy of this Order on all parties that have already been served with the summons and complaint, or to serve all parties with a copy of this Order at the time of service of the summons and complaint. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY |
| Filing 10 NOTICE of Interested Parties filed by Plaintiff Deus Ex Machina Motorcycles Pty. Ltd., (Brower, Steven) |
| Filing 9 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (et) |
| Filing 8 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Paul L. Abrams. (Attachments: #1 CV11C Statement of Consent) (et) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Warner Bros. Entertainment Inc. (et) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Metro-Goldwyn-Mayer Inc. (et) |
| Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Deus Ex Machina Motorcycles Pty. Ltd.. (Brower, Steven) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Deus Ex Machina Motorcycles Pty. Ltd.. (Brower, Steven) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Deus Ex Machina Motorcycles Pty. Ltd.. (Brower, Steven) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Deus Ex Machina Motorcycles Pty. Ltd.. (Brower, Steven) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26621157 - Fee: $400, filed by plaintiff Deus Ex Machina Motorcycles Pty. Ltd.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Attorney Steven Brower added to party Deus Ex Machina Motorcycles Pty. Ltd.(pty:pla))(Brower, Steven) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
