Vital Pharmaceuticals, Inc. et al v. PhD Marketing, Inc. et al
| JHO INTELLECTUAL PROPERTY HOLDINGS, LLC and Vital Pharmaceuticals, Inc. doing business as Bang Energy |
| Does 1 - 10 and PhD Marketing, Inc. |
| 2:2020cv06745 |
| July 28, 2020 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Michael W Fitzgerald |
| Ronald SW Lew |
| Alicia G Rosenberg |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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| Filing 81 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement #80 . The following error(s) was/were found: Proposed Document was not submitted as separate 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. (shb) |
| Filing 80 Amended NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement filed by Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. Motion set for hearing on 10/27/2020 at 10:00 AM before Judge Ronald S.W. Lew. (Carwin, Michael) |
| Filing 79 NOTICE OF ERRATA filed by Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. correcting NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement #76 (Carwin, Michael) |
| Filing 78 DECLARATION of Eugene Bukovi in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement #76 filed by Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 - (Websites selling BANG Energy Drinks), #2 Exhibit 2 - (Vital 3d largest), #3 Exhibit 3 - (Certificates of Registration), #4 Exhibit 4 - (3d party followers), #5 Exhibit 5 - (trade show), #6 Exhibit 6 - (Arnold Schwartznegger at Vital booth), #7 Exhibit 7 - (Bang TM on apparel and swag), #8 Exhibit 8 - (Bang Energy drinks on fleet Jeep Vehicles), #9 Exhibit 9 - (9-4-2019 Video Published), #10 Exhibit 10 - (1-22-2019 Video Published), #11 Exhibit 11 - (6-9-2020 email), #12 Exhibit 12 - (6-4-2020 Instagram tag), #13 Exhibit 13 - (6-2-2020 Contact Us Message), #14 Exhibit 14 - (5-20-2020 email), #15 Exhibit 15 - (5-16-2020 email), #16 Exhibit 16 - (4-14-2020 email), #17 Exhibit 17 - (4-14-2020 Vape Lounge email), #18 Exhibit 18 - (4-6-2020 email), #19 Exhibit 19 - (4-2-2020 distributor email), #20 Exhibit 20 - (4-2-2020 email), #21 Exhibit 21 - (Bang Wikipedia))(Carwin, Michael) |
| Filing 77 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement #76 filed by Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. (Carwin, Michael) |
| Filing 76 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement filed by Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. Motion set for hearing on 10/20/2020 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: #1 Proposed Order) (Carwin, Michael) |
Filing 75
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY 60 DAYS, #71 , by Judge Ronald S.W. Lew: The Court approves and GRANTS the Stipulation to Extend Time to Respond to Initial Complaint by 60 Days. The time for Defendant PhD Marketing, Inc. to answer to Plaintiffs Complaint is hereby extended to November 2, 2020. IT IS SO ORDERED. (shb)
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| Filing 74 DECLARATION of Michael W. Carwin re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #70 Order to Show Cause filed by Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. (Carwin, Michael) |
| Filing 73 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:20-cv-04417-RSWL-JC, #72 by Judge Ronald S.W. Lew. The hearing date has been rescheduled. Motion is set for hearing on 10/13/2020 at 10:00 AM before Judge Ronald S.W. Lew. (pbl) |
| Filing 72 NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 2:20-cv-04417-RSWL-JC, filed by Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. Motion set for hearing on 10/6/2020 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: #1 Exhibit A - Joint Notice of Motion to Consolidate in 20-cv-04417-RSWL-JC) (Carwin, Michael) |
| Filing 71 STIPULATION for Extension of Time to File Answer to 11/2/2020 re Complaint - (Discovery), #1 filed by Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. (Attachments: #1 Proposed Order)(Carwin, Michael) |
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Filing 70
MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Ronald S.W. Lew: is the responsibility of plaintiff to respond promptly to all Orders and to prosecute the action diligently, including filing proofs of service and stipulations extending time to respond. The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff/s to show cause in writing no later than September 15, 2020, why this action should not be dismissed for lack of prosecution. (See minutes for further details) (yl)
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| Filing 69 STATUS REPORT Joint Status Report filed by Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. (Carwin, Michael) |
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Filing 68
TEXT ONLY ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: This action having been transferred to Judge Ronald S.W. Lew, the parties are hereby ordered to JOINTLY submit and file a status report for this action,including issues concerning any deadlines for any response to the operative complaint. Status Report due by 8/21/2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre)
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Filing 67
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:20-cv-06745 RSWL (JCx). Case transferred from Judge Michael W. Fitzgerald and Magistrate Judge Alicia G. Rosenberg to Judge Ronald S.W. Lew and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-06745 RSWL (JCx). Signed by Judge Ronald S.W. Lew (esa)
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Filing 66
ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Ryan Santurri to Appear Pro Hac Vice on behalf of Defendant PhD Marketing, Inc, designating Imran Vakil as local counsel #60 . (iv)
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| Filing 65 RESPONSE filed by Pro Hac Vice attorney Joshua Fleming on behalf of Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe) |
| Filing 64 RESPONSE filed by Pro Hac Vice attorney Keely Fraser Morton on behalf of Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe) |
| Filing 63 RESPONSE filed by Pro Hac Vice attorney Kelly Lyon Davis on behalf of Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe) |
| Filing 62 RESPONSE filed by Pro Hac Vice attorney Nicole M Murray on behalf of Plaintiffs JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. (Thrasher, Lupe) |
| Filing 61 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Application to Appear Pro Hac Vice (Santurri) #57 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 8/17/2020. (iv) |
| Filing 60 Renewed APPLICATION of Non-Resident Attorney Ryan T. Santurri to Appear Pro Hac Vice on behalf of Defendant PhD Marketing, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 8/3/2020, Receipt No. ACACDC-27468044) filed by defendant PhD Marketing, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Vakil, Imran) |
| Filing 59 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Ryan T. Santurri to Appear Pro Hac Vice on behalf of Defendant PhD Marketing, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27468044) #57 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). (Thrasher, Lupe) |
| Filing 58 RESPONSE filed by Pro Hac Vice attorney Francis Massabki on behalf of Plaintiff Vital Pharmaceuticals, Inc.. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case and will be removed pursuant to G109 Notice. (Thrasher, Lupe) |
| Filing 57 APPLICATION of Non-Resident Attorney Ryan T. Santurri to Appear Pro Hac Vice on behalf of Defendant PhD Marketing, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27468044) filed by defendant PhD Marketing, Inc.. (Attachments: #1 Proposed Order) (Vakil, Imran) |
| Filing 56 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ryan T Santurri. 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. (car) |
| Filing 55 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kelly Lyon Davis. 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. (car) |
| Filing 54 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Nicole M Murray. 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. (car) |
| Filing 53 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joshua Fleming. 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. (car) |
| Filing 52 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Keely Fraser Morton. 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. (car) |
| Filing 51 NOTICE of Related Case(s) filed by defendant PhD Marketing, Inc.. Related Case(s): 2:20-cv-04417-RSWL-JC (Attachments: #1 Ex. A (Florida Ruling), #2 Ex. B (Notice of CACD Reciept))(Vakil, Imran) |
| Filing 50 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Francis Massabki. 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. (car) |
| Filing 49 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 48 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Alicia G. Rosenberg. (car) |
| Filing 47 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 0:20-cv-60993-WPD, from U.S. District Court Southern District of Florida (Ft Lauderdale). The above-referenced case has been transferred to this district and assigned the above civil case number 2:20-cv-06745-MWF-AGRx. (car) |
| Filing 46 ORIGINAL file, certified copy of transfer order and docket sheet received from Florida Southern |
| Filing 45 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Order Transferring Case) (ls) [Transferred from Florida Southern on 7/28/2020.] |
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Filing 44
ORDER granting #15 Motion to Transfer under the First-to-File Rule, denying #15 Motion to Dismiss for Lack of Personal Jurisdiction or for Improper Service; Transferring Case to the Central District of California; denying as moot #10 Expedited Motion to Transfer. Closing Case Signed by Judge William P. Dimitrouleas on 7/28/2020. See attached document for full details. (ls) [Transferred from Florida Southern on 7/28/2020.]
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| Filing 43 PAPERLESS Minute Entry for proceedings held before Judge William P. Dimitrouleas: Motion Hearing held on 7/28/2020 re #10 EXPEDITED MOTION Preliminary Injunction [Plaintiffs' Expedited Motion for Preliminary Injunction and Incorporated Memorandum of Law] filed by Vital Pharmaceuticals, Inc., JHO Intellectual Property Holdings, LLC, #15 MOTION to Dismiss #1 Complaint, or Transfer Under the First-to-File Rule, for Lack of Personal Jurisdiction, and for Improper Service and Incorporated Memorandum of Law filed by PhD Marketing, Inc. The Court heard oral argument and granted in part Defendant's Motion to Dismiss or Transfer. Total time in court: 30 minutes. Attorney Appearance(s): Joshua B. Fleming, Nicole M. Murray, Imran F. Vakil, Ryan T. Santurri, Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (mp00) [Transferred from Florida Southern on 7/28/2020.] |
| Civil Case Terminated. Closing Case. (ls) [Transferred from Florida Southern on 7/28/2020.] |
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Filing 42
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING re #38 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Imran F. Vakil. Signed by Judge William P. Dimitrouleas on 7/27/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 7/28/2020.]
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Filing 41
ORDER GRANTING MOTION FOR CLARIFICATION re #39 Motion for Clarification. The Court set Plaintiffs Expedited Motion for a Preliminary Injunction DE#10 and Defendants Motion to Dismiss or Transfer Under the First-to-File Rule, for Lack of Personal Jurisdiction, and for Improper Service DE#15 for oral argument. The Court does not expect to take witness testimony at the July 28, 2020 hearing. Signed by Judge William P. Dimitrouleas on 7/24/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 7/28/2020.]
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| Filing 40 Notice of Filing PhD Marketing's Opposition to Motion to Dismiss in United States District Court for the Central District of California, Case No. 2:20-cv-04417-RSWL-JC, by PhD Marketing, Inc. re #33 Notice (Other), (Attachments: #1 Exhibit A - PhD Marketing's Opposition to Motion to Dismiss in CD Cal action) (Santurri, Ryan) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 39 MOTION for clarification #37 Order Setting/Cancelling Hearing, by JHO Intellectual Property Holdings, LLC, Vital Pharmaceuticals, Inc.. Responses due by 8/6/2020 (Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 38 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Imran F. Vakil. Filing Fee $ 200.00 Receipt # AFLSDC-13228251 by PhD Marketing, Inc.. Responses due by 8/6/2020 (Attachments: #1 Text of Proposed Order)(Santurri, Ryan) [Transferred from Florida Southern on 7/28/2020.] |
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Filing 37
ORDER SETTING TELEPHONIC HEARING. Plaintiffs requests for oral argument are GRANTED. A hearing is hereby set for 10:30 A.M. on Tuesday, July 28, 2020. Telephone Conference set for 7/28/2020 10:30 AM before Judge William P. Dimitrouleas. Signed by Judge William P. Dimitrouleas on 7/22/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 7/28/2020.]
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| Filing 36 SCHEDULING REPORT - Rule 26(f) by JHO Intellectual Property Holdings, LLC, Vital Pharmaceuticals, Inc. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
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Filing 35
ORDER granting #34 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael W. Carwin. Signed by Judge William P. Dimitrouleas on 7/20/2020. See attached document for full details. (lk) [Transferred from Florida Southern on 7/28/2020.]
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| Filing 34 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael W. Carwin. Filing Fee $ 200.00 Receipt # AFLSDC-13193382 by JHO Intellectual Property Holdings, LLC, Vital Pharmaceuticals, Inc.. Responses due by 7/30/2020 (Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 33 NOTICE of Filing Motion to Dismiss in C.D. Cal. Action by JHO Intellectual Property Holdings, LLC, Vital Pharmaceuticals, Inc. re #23 Response in Opposition to Motion,, (Attachments: #1 Exhibit 1 - Motion to Dismiss C.D. Cal. Action) (Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 32 Clerks Notice to Filer re #30 Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE# 31 . It is not necessary to refile this document. (jas) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 31 REPLY to Response to Motion re #10 EXPEDITED MOTION Preliminary Injunction [Plaintiffs' Expedited Motion for Preliminary Injunction and Incorporated Memorandum of Law] filed by JHO Intellectual Property Holdings, LLC. (See DE#30 for image). (jas) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 30 NOTICE by JHO Intellectual Property Holdings, LLC, Vital Pharmaceuticals, Inc. re #25 Notice (Other), Plaintiffs' Response to Defendant's Evidentiary Objections Relating to Plaintiffs' Motion for Preliminary Injunction (D.I. 10, 20) (Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 29 REPLY to Response to Motion re #15 MOTION to Dismiss #1 Complaint, or Transfer Under the First-to-File Rule, for Lack of Personal Jurisdiction, and for Improper Service and Incorporated Memorandum of Law filed by PhD Marketing, Inc.. (Santurri, Ryan) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 28 REPLY to Response to Motion re #10 EXPEDITED MOTION for Preliminary Injunction and Incorporated Memorandum of Law by JHO Intellectual Property Holdings, LLC, Vital Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 - Morton Declaration)(Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 27 Clerks Notice to Filer re #25 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE# 26 . It is not necessary to refile this document. (jas) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 26 Evidentiary Objections re #10 EXPEDITED MOTION Preliminary Injunction [Plaintiffs' Expedited Motion for Preliminary Injunction and Incorporated Memorandum of Law] filed by PhD Marketing, Inc.. Replies due by 7/7/2020. (See DE# 25] for image). (jas) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 25 NOTICE by PhD Marketing, Inc. re #10 EXPEDITED MOTION Preliminary Injunction [Plaintiffs' Expedited Motion for Preliminary Injunction and Incorporated Memorandum of Law], #20 Response in Opposition to Motion, Defendant's Evidentiary Objections Relating to Plaintiffs' Motion for Preliminary Injunction (Santurri, Ryan) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 24 RESPONSE in Opposition re #10 EXPEDITED MOTION Preliminary Injunction [Plaintiffs' Expedited Motion for Preliminary Injunction and Incorporated Memorandum of Law] filed by PhD Marketing, Inc.. Replies due by 7/6/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Santurri, Ryan) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 23 RESPONSE in Opposition re #15 MOTION to Dismiss #1 Complaint, or Transfer Under the First-to-File Rule, for Lack of Personal Jurisdiction, and for Improper Service and Incorporated Memorandum of Law filed by JHO Intellectual Property Holdings, LLC, Vital Pharmaceuticals, Inc.. Replies due by 7/6/2020. (Attachments: #1 Exhibit 1 - Eckhouse Declaration, #2 Exhibit 2 - Morton Declaration, #3 Exhibit Morton Decl. Ex. 1 - Proof of Service, #4 Exhibit Morton Decl. Ex. 2 - Certified Mail Receipt)(Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 22 Clerk's NOTICE of Compliance mailed out copy of DE#21 Order on Motion to Stay,,, Order on Motion for Extension of Time,, (ebz) [Transferred from Florida Southern on 7/28/2020.] |
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Filing 21
ORDER GRANTING MOTION TO EXTEND DEADLINES. The Motion DE#16 is hereby GRANTED. Defendant shall file a response to Plaintiffs Expedited Motion for Preliminary Injunction DE#10 on or before June 29, 2020. Plaintiffs shall file any reply within seven (7) days of Defendant filing its response. The hearing set for 2:00 P.M. on Thursday, July 2, 2020 in this matter is herebyCANCELED. (Responses due by 6/29/2020) Signed by Judge William P. Dimitrouleas on 6/19/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 7/28/2020.]
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| Filing 20 RESPONSE in Opposition re #16 MOTION to Stay re #10 EXPEDITED MOTION for Preliminary Injunction, #11 Order Setting Briefing Schedule and Hearing on Motion. Replies due by 6/26/2020. (Attachments: #1 Exhibit 1 - Eckhouse Declaration, #2 Exhibit A - 6-2-2020 email, #3 Exhibit B - 6-4-2020 Instagram post, #4 Exhibit C - 6-9-2020 email)(Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
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Filing 19
ORDER granting #18 Motion for Clarification. Re: #16 MOTION to Stay re #10 EXPEDITED MOTION Preliminary Injunction < and Incorporated Memorandum of Law], #11 Order Setting Hearing on Motion, Response due by 6/19/2020 at 12pm Signed by Judge William P. Dimitrouleas on 6/17/2020. See attached document for full details. (lk) [Transferred from Florida Southern on 7/28/2020.]
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| Filing 18 MOTION for clarification #17 Order,, Set/Reset Motion/R&R Deadlines and Hearings, by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. Responses due by 7/1/2020 (Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
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Filing 17
ORDER REQUIRING EXPEDITED RESPONSE re DE#16 Defendants Motion and Memorandum to Stay or Extend the Deadlines Under D.I. 11. ORDERED and ADJUDGED that Defendants shall file any Response to the Motion on or before Friday, June 19, 2020 at 12:00pm. (Responses due by 6/19/2020) Signed by Judge William P. Dimitrouleas on 6/17/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 7/28/2020.]
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| Filing 16 MOTION to Stay #10 EXPEDITED MOTION for Preliminary Injunction, #11 Order Setting Briefing Schedule and Hearing on Motion. Responses due by 6/29/2020 (Attachments: #1 Text of Proposed Order)(Santurri, Ryan) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 15 MOTION to Dismiss #1 Complaint, or Transfer Under the First-to-File Rule, for Lack of Personal Jurisdiction, and for Improper Service and Incorporated Memorandum of Law by PhD Marketing, Inc.. Attorney Ryan T. Santurri added to party PhD Marketing, Inc.(pty:dft). Responses due by 6/29/2020 (Attachments: #1 Exhibit A - Declaration of KJ Semikian, #2 Exhibit B - California Complaint, #3 Exhibit C - Declaration of Angelica Leon, #4 Text of Proposed Order)(Santurri, Ryan). [Transferred from Florida Southern on 7/28/2020.] |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Vital Pharmaceuticals, Inc., JHO INTELLECTUAL PROPERTY HOLDINGS, LLC. PhD Marketing, Inc. served on 5/23/2020, answer due 6/15/2020. (Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 13 NOTICE of Service of Documents by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc. re #11 Order Setting Hearing on Motion, Set/Reset Motion/R&R Deadlines and Hearings, (Attachments: #1 Exhibit 1 - Affidavit of Service) (Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 12 CLERK'S NOTICE of Compliance Mailed out copy of DE#11 Order Setting Hearing on Motion,,, Set/Reset Motion/R&R Deadlines and Hearings,, (ebz) [Transferred from Florida Southern on 7/28/2020.] |
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Filing 11
ORDER SETTING BRIEFING SCHEDULE AND HEARING ON EXPEDITED MOTION FOR PRELIMINARY INJUNCTION re #10 EXPEDITED MOTION Preliminary Injunction [Plaintiffs' Expedited Motion for Preliminary Injunction and Incorporated Memorandum of Law] :, Set/Reset Deadlines/Hearings as to #10 EXPEDITED MOTION Preliminary Injunction [Plaintiffs' Expedited Motion for Preliminary Injunction and Incorporated Memorandum of Law].(Responses due by 6/23/2020, Replies due by 6/29/2020.) Telephonic Motion Hearing set for 7/2/2020 02:00 PM before Judge William P. Dimitrouleas. Signed by Judge William P. Dimitrouleas on 6/4/2020. See attached document for full details. (ebz) [Transferred from Florida Southern on 7/28/2020.]
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| Filing 10 EXPEDITED MOTION for Preliminary Injunction and Incorporated Memorandum of Law by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1: Eckhouse Declaration, #3 Exhibit A: Certificates of Registration, #4 Exhibit B: 4-2-2020 customer email, #5 Exhibit C: 4-2-2020 distributor email, #6 Exhibit D: 4-6-2020 email, #7 Exhibit E: 4-14-2020 Vape Lounge email, #8 Exhibit F: 4-14-2020 Bang Energy email, #9 Exhibit G: 5-16-2020 email, #10 Exhibit H: 5-20-2020 email)(Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
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Filing 9
ORDER Granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing ; Granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge William P. Dimitrouleas on 5/26/2020. See attached document for full details. (lk) [Transferred from Florida Southern on 7/28/2020.]
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Filing 8
ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT. Signed by Judge William P. Dimitrouleas on 5/22/2020. See attached document for full details. (jas) [Transferred from Florida Southern on 7/28/2020.]
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| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua B. Fleming. Filing Fee $ 200.00 Receipt # AFLSDC-12924887 by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. Responses due by 6/5/2020 (Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 6 Summons Issued as to PhD Marketing, Inc.. (ebz) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicole M. Murray. Filing Fee $ 200.00 Receipt # AFLSDC-12924825 by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. Responses due by 6/5/2020 (Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 4 Corporate Disclosure Statement by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc. (Morton, Keely) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint, #2 Exhibit A) (ebz) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ebz) [Transferred from Florida Southern on 7/28/2020.] |
| Filing 1 COMPLAINT for Trademark Infringement and Unfair Competition against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12907717, filed by Vital Pharmaceuticals, Inc., JHO INTELLECTUAL PROPERTY HOLDINGS, LLC. (Attachments: #1 Exhibit A - Certificates of Registration, #2 Summon(s), #3 Civil Cover Sheet)(Davis, Kelly) [Transferred from Florida Southern on 7/28/2020.] |
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