Deckers Outdoor Corporation v. Mojofit LLC et al
| Deckers Outdoor Corporation |
| Mojofit LLC, DOES 1-10 Inclusive and Does 1-10, inclusive |
| 2:2020cv08638 |
| September 21, 2020 |
| US District Court for the Central District of California |
| Michael R Wilner |
| Stephen V Wilson |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 2, 2021. A more recent docket listing may be available from PACER.
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| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Brent H Blakely counsel for Plaintiff Deckers Outdoor Corporation. Colby A. Meagle is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Deckers Outdoor Coporation. (Blakely, Brent) |
Filing 29
MINUTE ORDER IN CHAMBERS by Judge Stephen V. Wilson re: Order on Motion for Default Judgment, #28 . Case should have been closed on entry #28, dated March 30, 2021. (Made JS-6. Case Terminated.) (mrgo)
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Filing 28
MINUTE ORDER (IN CHAMBERS) GRANTING IN PART #18 PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT by Judge Stephen V. Wilson. For the foregoing reasons, the Court GRANTS Plaintiff's motion for default judgment. Plaintiff is awarded monetary damages in the amount of $700,000. IT IS FURTHER ORDERED that Defendant, its officers, agents, servants and employees and any persons in active concert or participation with them are permanently restrained and enjoined from manufacturing, importing into the U.S., offering for sale, or selling the Nahlo branded "Ganika" sandal, or any other product confusingly similar to, or that constitutes a colorable imitation of, the Yoga Sling Trade Dress. IT IS SO ORDERED. (See document for details) (mrgo)
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| Filing 27 Notice of Electronic Filing re Declaration (Motion related), #24 , Sealed Document, #25 , Proof of Service (subsequent documents) #26 , Order on Motion for Leave to File Document Under Seal #23 e-mailed to Colby Ann Meagle at cmeagle@blakelylawgroup.com bounced due to Email address disabled. 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. (ir) TEXT ONLY ENTRY |
| Filing 26 PROOF OF SERVICE filed by Plaintiff Deckers Outdoor Corporation, re Sealed Document, #25 served on 3/25/21. (Zhai, Mark) |
| Filing 25 SEALED DOCUMENT (Declaration of Lisa Bereda in Support of Plaintiff's Motion for Entry of Default Judgment) re Declaration (Motion related), #24 , Order on Motion for Leave to File Document Under Seal #23 filed by Plaintiff Deckers Outdoor Corporation.(Zhai, Mark) |
| Filing 24 DECLARATION of Lisa Bereda in support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Mojofit LLC #18 REDACTED PURSUANT TO ORDER OF COURT DATED MARCH 25, 2021 filed by Plaintiff Deckers Outdoor Corporation. (Zhai, Mark) |
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Filing 23
ORDER REGARDING PLAINTIFF'S APPLICATION TO FILE UNDER SEAL by Judge Stephen V. Wilson: granting #21 APPLICATION to Seal Document Re: APPLICATION to file document Declaration of Lisa Bereda under seal #21 . (mrgo)
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| Filing 22 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Lisa Bereda under seal #21 filed by Plaintiff Deckers Outdoor Corporation. (Attachments: #1 Unredacted Document)(Zhai, Mark) |
| Filing 21 APPLICATION to file document Declaration of Lisa Bereda under seal filed by Plaintiff Deckers Outdoor Corporation. (Attachments: #1 Proposed Order, #2 Redacted Document)(Zhai, Mark) |
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Filing 20
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: The Court is unable to properly determine the amount of damages warranted in this case. The Court acknowledges that the issue is complicated by Defendants failure to appear in this case and Plaintiffs inability to conduct discovery regarding Defendants profits. However, the Court is concerned that a damages award based on Defendants gross revenue or estimates regarding overlapping sales is too speculative. Accordingly, Plaintiff is ORDERED to file a declaration stating the profit it earns for every sale of Yoga Sling Sandals. For example, Plaintiff states in its motion that if it were to sell 43,339 units of Yoga Sling Sandals, Plaintiffs gross revenue would be $1,516,838. Plaintiff should file a declaration stating what percentage of that gross revenue constitutes profit. Plaintiffs declaration should be filed within seven days of this order. The Court vacates the hearing set for March 22, 2021 regarding Plaintiffs motion for default judgment #18 . The matter will be submitted upon Plaintiffs filing of the above described declaration. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 19 PROOF OF SERVICE filed by Plaintiff Deckers Outdoor Corporation, re NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Mojofit LLC #18 served on 2/17/2021. (Zhai, Mark) |
| Filing 18 NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Mojofit LLC filed by Plaintiff Deckers Outdoor Corporation. Motion set for hearing on 3/22/2021 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Mark Zhai ISO of Motion for Entry of Default Judgment, #2 Proposed Order) (Zhai, Mark) |
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Filing 17
IN CHAMBERS ORDER/TEXT ONLY ENTRY by Judge Stephen V. Wilson - The Court, on 12/23/2020, ordered plaintiff to move fo default judgment, no later than 02/01/2021. To date, plaintiff has failed to comply with the Courts order. The plaintiff is ordered to show cause why this case should not be dismissed for failure to comply with this Courts order and failure to prosecute. Plaintiff has until February 15, 2021 to move for default judgment or show case why the case should not be dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 16
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re: Notice filed by Plaintiff Deckers Outdoor Corporation. OF DEFENDANT MOJOFIT LLCS FILING OF PETITION FOR ASSIGNMENT FOR THE BENEFIT OF CREDITORS AND PLAINTIFFS REQUEST TO CONDUCT LIMITED DISCOVERY #15 - Plaintiffs request to conduct limited discovery is DENIED. Plaintiff can move for default of judgment and assert the sum of damages that it believes it is entitled to. Plaintiff is ORDERED to move for default judgment no later than February 1, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 15 NOTICE filed by Plaintiff Deckers Outdoor Corporation. OF DEFENDANT MOJOFIT LLCS FILING OF PETITION FOR ASSIGNMENT FOR THE BENEFIT OF CREDITORS AND PLAINTIFFS REQUEST TO CONDUCT LIMITED DISCOVERY (Attachments: #1 Proposed Order)(Zhai, Mark) |
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Filing 14
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson - The Order to Show Cause #11 , is DISCHARGED. Plaintiff is granted to and including 12/21/20 to move for default judgment. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 13 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Mojofit LLC a Florida Limited Liability Company. (mrgo) |
| Filing 12 REQUEST for Clerk to Enter Default against Defendant Mojofit LLC filed by Plaintiff Deckers Outdoor Corporation. (Meagle, Colby) |
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Filing 11
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge Stephen V. Wilson. (Show Cause Response due by 11/5/2020.) (mrgo)
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| Filing 10 PROOF OF SERVICE Executed by Plaintiff Deckers Outdoor Corporation, upon Defendant Mojofit LLC served on 10/7/2020, answer due 10/28/2020. Service of the Summons and Complaint were executed upon Guy Amanou, Agent for service in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Zhai, Mark) |
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Filing 9
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| 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) |
| Filing 7 21 DAY Summons issued re Complaint #1 as to defendant Mojofit LLC. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Michael R. Wilner. (esa) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Deckers Outdoor Corporation, identifying None. (Meagle, Colby) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Deckers Outdoor Corporation. (Meagle, Colby) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Deckers Outdoor Corporation. (Meagle, Colby) |
| Filing 1 COMPLAINT Receipt No: ACACDC-28174687 - Fee: $400, filed by Plaintiff Deckers Outdoor Corporation. (Attorney Colby Ann Meagle added to party Deckers Outdoor Corporation(pty:pla))(Meagle, Colby) |
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