Klauber Brothers, Inc. v. HSN, Inc. et al
| Klauber Brothers, Inc. |
| Does 1 through 10, GK Trading, LLC, HSN, Inc., Diane Gilman Jean, LLC and HSNi LLC |
| Diane Faber |
| 2:2020cv05448 |
| June 18, 2020 |
| US District Court for the Central District of California |
| Maria A Audero |
| John A Kronstadt |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.
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| Filing 59 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. Mailed closing report to the current address of the Copyright Office: U.S. Copyright Office 101 Independence Ave. S.E., Washington, D.C. 20559-6000. (Closing). (Attachments: #1 Minutes In Chamber Order Dismissing Case, #2 Stipulation to Dismiss Action) (jp) |
| Filing 58 STIPULATION to Dismiss Case pursuant to Settlement filed by plaintiff Klauber Brothers, Inc..(Burroughs, Scott) |
Filing 57
(IN CHAMBERS) ORDER DISMISSING CASE WITHOUT PREJUDICE) (Dkt. #56 ); JS-6 by Judge John A. Kronstadt: In light of the parties Notice of Settlement, the Court orders that the action is dismissed without prejudice. The Court retains jurisdiction to vacate this Order and to reopen the action within 45 daysfrom the date of this Order; provided, however, any request by any party(ies) that the Court do so, shall make a showing of good cause as to why the settlement has not been completed within the 45-day period, what further settlement processes are necessary, and when the party(ies) making such a request reasonably expect the process to be concluded. This Order does not preclude the filing of a stipulation of dismissal with prejudice pursuant to FRCP 41, which does not require the approval of the Court. Such a stipulation shall be filed within the aforementioned 45-day period, or by such later date ordered by the Court pursuant to a stipulation by the parties that conforms the requirements of a showing of good cause stated above. (Made JS-6. Case Terminated.) (jp)
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| Filing 56 NOTICE of Settlement of Entire Action filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
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Filing 55
ORDER RE STIPULATION TO EXTEND THE LAST DAY TO FILE ALL MOTIONS (DKT. #53 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. The last day to file all motions is continued from 8/20/2021 to 9/3/2021. (jp)
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| Filing 54 NOTICE OF LODGING filed (Proposed Order) re Stipulation to Continue #53 (Attachments: #1 Exhibit A)(Burroughs, Scott) |
| Filing 53 STIPULATION to Continue Motion of Summary Judgement from August 20, 2021 to September 3, 2021 Re: Pretrial-Trial Scheduling Order - form only,, #35 filed by Plaintiff Klauber Brothers, Inc..(Burroughs, Scott) |
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Filing 52
(IN CHAMBERS) TEXT-ONLY ORDER DIRECTING PARTIES TO FILE JOINT TRIAL REPORT by Judge John A. Kronstadt: The last day to file dispositive motions in this matter was August 20, 2021. Dkt. #51 . No motions have been filed. On or before September 3, 2021, the parties shall submit a joint report with their respective and/or collective views as to any remaining pretrial issues, together with a completed Schedule of Dates for Civil Jury Trials. See Exhibit A to this Court's Standing Order. The parties shall also state whether any further settlement efforts would be productive, and if so a proposed method and schedule for doing so. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2) TEXT ONLY ENTRY
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| Filing 51 MINUTES OF INFORMAL DISCOVERY CONFERENCE Hearing held before Magistrate Judge Maria A. Audero: The Court confers with the parties. Based on the parties' arguments, and the Court's independent review of Judge Kronstadt's Scheduling Order (ECF No. 35) as well as his standing orders entitled "Order re Jury/Court Trial for cases Assigned to Judge John A. Kronstadt" and "Order Setting Rule 16(b)/26(f) Scheduling Conference," the Court concludes that the last day by which the parties may file a discovery motion is August 20, 2021. If Plaintiff continues to disagree with this Court's interpretation of Judge Kronstadt's orders, it may seek review of this Order pursuant to 28 U.S.C. 636(b)(1). [See document for details.] Court Reporter: AT&T 07/23/21. (es) |
| Filing 50 SCHEDULING NOTICE - IN CHAMBERS by Magistrate Judge Maria A. Audero: Telephonic Informal Discovery Conference set for 7/23/2021 at 11:00 AM before Magistrate Judge Maria A. Audero. Clerk to provide call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY |
| Filing 49 MINUTES OF INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Maria A. Audero: The Court confers with the parties. Based on the Court's guidance regarding the legal issues raised in IDC 1, the parties will continue meeting and conferring in an effort to resolve this discovery dispute. Should the parties not resolve the dispute, Defendant may file a discovery motion regarding this matter provided that it does so within the then-current discovery cut-off date as ordered by the Honorable John A. Kronstadt. For that purpose, the Court FINDS that the parties have satisfied their pre-filing meet-and-confer obligations, both under Central District of California Local Civil Rule 37-1 (C.D. Cal. L. R. 37-1) and this Court's discovery dispute resolution requirements (http://www.cacd.uscourts.gov/honorable-maria-audero). [See document for details.] Court Reporter: AT&T 07/01/21. (es) |
| Filing 48 SCHEDULING NOTICE TEXT ONLY - IN CHAMBERS by Magistrate Judge Maria A. Audero: Telephonic Informal Discovery Conference set for 7/1/2021 at 11:00 AM before Magistrate Judge Maria A. Audero. Clerk to provide call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY |
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Filing 47
(IN CHAMBERS) ORDER TAKING POST MEDIATION STATUS CONFERENCE OFF CALENDAR (DKT. #46 ) by Judge John A. Kronstadt: Based on a review of the parties' Joint Report Re Settlement (Dkt. #46 ), the Post Mediation Status Conference presently set for June 28, 2021, is taken off calendar. No appearance by counsel is necessary. In light of the statement by the parties that they "remain engaged in negotiations," if they reach an agreement they shall file a notice of settlement within 10 days of doing so that includes a proposed date by which a request for dismissal will be filed. If the parties do not reach an agreement through their present negotiations, within 10 days of that determination, they may file a request that the Court approve a settlement conference with Magistrate Judge Audero. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2) TEXT ONLY ENTRY
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| Filing 46 JOINT REPORT of Re Settlement filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
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Filing 45
(IN CHAMBERS) ORDER DIRECTING COUNSEL TO FILE JOINT REPORT RE SETTLEMENT by Judge John A. Kronstadt: The parties were required to file a joint report regarding the status of settlement on or before June 18, 2021. Dkt. #35 . No report has been filed. Counsel shall file this joint report no later than June 22, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2) TEXT ONLY ENTRY
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Filing 44
ORDER RE JOINT STIPULATION TO SUBSTITUTE HSNi, LLC AS PARTY DEFENDANT IN LIEU OF ERRONEOUSLY NAMED DEFENDANT HSN, INC. (DKT. #43 ) by Judge John A. Kronstadt. (lom)
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| Filing 43 Joint STIPULATION for Leave to Substitute HSNi, LLC as Party Defendant In Lieu of Erroneously Named Defendant HSN, Inc. filed by Plaintiff Klauber Brothers, Inc.. (Attachments: #1 Proposed Order)(Burroughs, Scott) |
| Filing 42 NOTICE OF MEDIATION DATE filed. Mediation set for April 27, 2021.(Faber, Diane) |
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Filing 41
STIPULATED PROTECTIVE ORDER #40 by Magistrate Judge Maria A. Audero. [See document for details.] (es)
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| Filing 40 STIPULATION for Protective Order filed by Defendants Diane Gilman Jean, LLC, HSN, Inc..(Bost, Paul) |
| Filing 39 NOTICE OF MEDIATION DATE filed. Mediation set for March 9, 2021.(Faber, Diane) |
| Filing 38 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Diane Faber has been assigned to serve as Panel Mediator. (lst) |
| Filing 37 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Diane L. Faber may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff Klauber Brothers, Inc.(Burroughs, Scott) |
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Filing 36
ORDER/REFERRAL to ADR Procedure No 2 by Judge John A. Kronstadt. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 6/16/2021. Status Conference set for 6/28/2021 at 11:30 AM before Judge John A. Kronstadt. (vv)
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Filing 35
(IN CHAMBERS) SCHEDULING ORDER SETTING PRETRIAL DEADLINES (DKT. #34 ) by Judge John A. Kronstadt: The Court has reviewed the parties' 11/13/2020 Joint Report and sets the following deadlines: Last day to amend or add parties: 1/22/2021. Last day to participate in a settlement conference/mediation: 6/16/2021. Last day to file notice of settlement/joint report re settlement: 6/18/2021. Post Mediation Status Conference: 6/28/2021 at 11:30 AM. Non-Expert Discovery Cut-Off: 7/9/2021. Initial Expert Disclosures: 7/23/2021. Rebuttal Expert Disclosures: 8/6/2021. Expert Discovery Cut-Off: 8/20/2021. Last day to file All Motions (including discovery motions): 8/20/2021. (See Civil Minutes for Further Specifics). (jp)
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| Filing 34 JOINT REPORT Rule 26(f) Discovery Plan and Exhibit A - Schedule of Pretrial and Trial Dates for Civil Cases ; estimated length of trial 2-3 days (Plaintiff), 4-5 days (Defendants), filed by Defendants Diane Gilman Jean, LLC, HSN, Inc... (Attachments: #1 Exhibit A)(Bost, Paul) |
| Filing 33 NOTICE of Interested Parties filed by Defendant HSN, Inc., identifying HSNi, LLC. (Bost, Paul) |
| Filing 32 NOTICE filed by Defendant Diane Gilman Jean, LLC. CERTIFICATION AND NOTICE OF INTERESTED PARTIES (Bost, Paul) |
| Filing 31 TEXT-ONLY ENTRY - RECEIVED Notice of Receipt of Electronic Case Transfer from Southern District of New York, 1:20-cv-08092 filed 9/30/2020. (iv) |
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Filing 30
ORDER SETTING SCHEDULING CONFERENCEORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 11/13/2020. (smo)
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| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #28 . 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. (lom) |
| Filing 28 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendants Diane Gilman Jean, LLC, HSN, Inc..(Bost, Paul) |
| Filing 27 Transfer Out Transmittal Letter - Mailed certified copy of Order re The severed claims are transferred to the U.S. District Court for the Southern District of New York pursuant to 28 USC section 1404(a) with Civil docket Sheet. (jp) |
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Filing 26
ORDER RE JOINT STIPULATION TO SEVER CLAIMS AND TRANSFER PORTION OF THE ACTION TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (DKT. #25 ) by Judge John A. Kronstadt, the Stipulation is APPROVED as follows: (1) The claims asserted by Plaintiff against Severing Defendants related to "Subject Design A," as that term is used in Plaintiff's Complaint (Dkt. 1, Paragraphs 11-16) are severed from this action; and (2) The severed claims are transferred to the U.S. District Court for the Southern District of New York pursuant to 28 USC section 1404(a). (3) This Order does not constitute a determination of any other issues. (jp)
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| Filing 25 STIPULATION to Transfer Case to Southern District of New York filed by Defendants GK Trading, LLC, HSN, Inc.. (Attachments: #1 Proposed Order)(Pietrini, Jill) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Jill M Pietrini counsel for Defendant GK Trading, LLC. Adding Jill M. Pietrini as counsel of record for GK Trading, LLC for the reason indicated in the G-123 Notice. Filed by Defendant GK Trading, LLC. (Attorney Jill M Pietrini added to party GK Trading, LLC(pty:dft))(Pietrini, Jill) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Paul A Bost counsel for Defendant GK Trading, LLC. Adding Paul A. Bost as counsel of record for GK Trading, LLC for the reason indicated in the G-123 Notice. Filed by Defendant GK Trading, LLC. (Attorney Paul A Bost added to party GK Trading, LLC(pty:dft))(Bost, Paul) |
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Filing 22
ORDER RE STIPULATION TO EXTEND TIME TO RESPOND TO THE INITIAL COMPLAINT UNTIL SEPTEMBER 16, 2020 (DKT. #21 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. Defendants shall respond to the complaint on or before 9/16/2020. (et)
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| Filing 21 STIPULATION Extending Time to Answer the complaint as to Diane Gilman Jean, LLC answer now due 9/16/2020; HSN, Inc. answer now due 9/16/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Diane Gilman Jean, LLC; HSN, Inc.. (Attachments: #1 Proposed Order)(Pietrini, Jill) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Jill M Pietrini counsel for Defendant HSN, Inc.. Adding Jill M. Pietrini as counsel of record for HSN, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant HSN, Inc.. (Attorney Jill M Pietrini added to party HSN, Inc.(pty:dft))(Pietrini, Jill) |
| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Paul A Bost counsel for Defendant HSN, Inc.. Adding Paul A. Bost as counsel of record for HSN, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant HSN, Inc.. (Attorney Paul A Bost added to party HSN, Inc.(pty:dft))(Bost, Paul) |
| Filing 18 STIPULATION Extending Time to Answer the complaint as to Diane Gilman Jean, LLC answer now due 8/17/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Diane Gilman Jean, LLC.(Bost, Paul) |
| Filing 17 Notice of Appearance or Withdrawal of Counsel: for attorney Paul A Bost counsel for Defendant Diane Gilman Jean, LLC. Adding Paul A. Bost as counsel of record for Diane Gilman Jeans, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Diane Gilman Jeans, LLC. (Attorney Paul A Bost added to party Diane Gilman Jean, LLC(pty:dft))(Bost, Paul) |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Jill M Pietrini counsel for Defendant Diane Gilman Jean, LLC. Adding Defendant as counsel of record for Diane Gilman Jeans, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Diane Gilman Jeans, LLC. (Attorney Jill M Pietrini added to party Diane Gilman Jean, LLC(pty:dft))(Pietrini, Jill) |
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Filing 15
ORDER GRANTING STIPULATED REQUEST FOR 30-DAY EXTENSION FOR HSN, INC., TO RESPOND TO THE COMPLAINT (DKT. #13 ) by Judge John A. Kronstadt that the Court grant the extension. As the request is unopposed, the Court hereby GRANTS the request. HSN's response to the complaint is now due 8/14/2020. (jp)
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Filing 14
STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (cw)
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| Filing 13 STIPULATION Extending Time to Answer the complaint as to HSN, Inc. answer now due 8/14/2020, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant HSN, Inc.. (Attachments: #1 Proposed Order)(Kirsch, Kevin) |
| Filing 12 NOTICE of Appearance filed by attorney Kevin W Kirsch on behalf of Defendant HSN, Inc. (Attorney Kevin W Kirsch added to party HSN, Inc.(pty:dft))(Kirsch, Kevin) |
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Filing 11
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 John A. Kronstadt for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-05448 JAK(MAAx). (rn)
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| Filing 10 PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant Diane Gilman Jean, LLC served on 6/25/2020, answer due 7/16/2020. Service of the Summons and Complaint were executed upon Carlos Rios - Agent in charge authorized to accept service in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Burroughs, Scott) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant HSN, Inc. served on 6/24/2020, answer due 7/15/2020. Service of the Summons and Complaint were executed upon Corporation Service Company, Registered Agent c/o Lyanne Gares in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) |
| Filing 8 21 DAY Summons issued re Complaint #1 as to defendants Diane Gilman Jean, LLC, GK Trading, LLC, HSN, Inc. (esa) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Maria A. Audero. (esa) |
| Filing 5 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Klauber Brothers, Inc.. (Burroughs, Scott) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff Klauber Brothers, Inc., (Burroughs, Scott) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26872510 - Fee: $400, filed by Plaintiff Klauber Brothers, Inc.. (Attorney Scott A Burroughs added to party Klauber Brothers, Inc.(pty:pla))(Burroughs, Scott) |
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