Nestle USA, Inc. v. Best Foods LLC
| Nestle USA, Inc. |
| Best Foods LLC |
| 2:2021cv02659 |
| March 26, 2021 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| Mark C Scarsi |
| Trademark |
| 15 U.S.C. § 1125 |
| 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 51
ORDER GRANTING STIPULATION REGARDING FOUR-DAY EXTENSION OF DEADLINE TO AMEND COMPLAINT (ECF No. #50 ) by Judge Mark C. Scarsi. Plaintiff Nestl USA, Inc.'s deadline to file an amended complaint in this action is extended to October 1, 2021. (lom)
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| Filing 50 STIPULATION for Extension of Time to Amend Complaint (Attorney Civil Case Opening) #1 filed by plaintiff Nestle USA, Inc.. (Attachments: #1 Declaration of Adam Hudes, #2 Proposed Order)(Hudes, Adam) |
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Filing 49
ORDER GRANTING MOTION TO DISMISS #23 by Judge Mark C. Scarsi: The Court grants Best Foods' Rule 12(b)(7) Motion with leave to amend and need not consider the Motion under Rules 12(b)(1) and 12(b)(6). Plaintiff Nestl USA, Inc. may file an amended complaint no later than September 27, 2021. (lc)
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Filing 48
MINUTE ORDER (IN CHAMBERS) Order Denying Stipulation for Proposed Order Governing Production of Documents and Electronically Stored Information #47 by Magistrate Judge Jean P. Rosenbluth: [SEE DOCUMENT FOR DETAILS.] (es)
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| Filing 47 STIPULATION for Order re Production of Documents and Electronically Stored Information filed by plaintiff Nestle USA, Inc.. (Attachments: #1 Proposed Order)(Queen, Daniel) |
| Filing 46 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 court days, filed by Plaintiff Nestle USA, Inc... (Attachments: #1 Exhibit A)(Queen, Daniel) |
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Filing 45
STIPULATED PROTECTIVE ORDER #44 by Magistrate Judge Jean P. Rosenbluth. (See document for further information). (jp)
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| Filing 44 STIPULATION for Protective Order filed by plaintiff Nestle USA, Inc.. (Attachments: #1 Proposed Order)(Queen, Daniel) |
| Filing 43 MINUTES OF Motion Hearing held before Judge Mark C. Scarsi: RE MOTION TO DISMISS #23 . Counsel address the Court. The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. Court Reporter: Miriam Baird. (lc) |
| Filing 42 TRANSCRIPT ORDER as to defendant Best Foods LLC for Court Reporter. Court will contact Catherine Ryan at catherine.ryan@hugheshubbard.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Haeusler, Rita) |
| Filing 41 TRANSCRIPT ORDER as to plaintiff Nestle USA, Inc. for Court Reporter. Court will contact Jenny Lee at jlee8@mayerbrown.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Queen, Daniel) |
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Filing 40
ORDER GRANTING APPLICATION of Non-Resident Attorney Michael M. Polka to Appear Pro Hac Vice on behalf of Defendant Best Foods LLC and designating Rita M. Haeusler as local counsel #38 by Judge Mark C. Scarsi (lc)
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Filing 39
TEXT ONLY ENTRY (IN CHAMBERS) ORDER CONTINUING TIME OF DEFENDANTS MOTION (ECF No. #23 ) by Judge Mark C. Scarsi: The Court, on its own motion, continues the time of the hearing on the Motion to Dismiss Case #23 , currently set for August 16, 2021, from 9:00 a.m. to 10:30 a.m. before Judge Mark C. Scarsi. This is an in-person hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 38 APPLICATION of Non-Resident Attorney Michael M. Polka to Appear Pro Hac Vice on behalf of Defendant Best Foods LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31787227) filed by defendant Best Foods LLC. (Attachments: #1 Proposed Order) (Haeusler, Rita) |
| Filing 37 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #23 Amended filed by Defendant Best Foods LLC. (Haeusler, Rita) |
| Filing 36 NOTICE OF ERRATA filed by Defendant Best Foods LLC. correcting Reply (Motion related) #33 (Haeusler, Rita) |
| Filing 35 OBJECTIONS to Reply (Motion related) #33 filed by Plaintiff Nestle USA, Inc.. (Giali, Dale) |
| Filing 34 RESPONSE filed by Defendant Best Foods LLCto Objection, #32 - DEFENDANT'S RESPONSE TO PLAINTIFF'S OPPOSITION TO ITS REQUEST FOR JUDICIAL NOTICE (Haeusler, Rita) |
| Filing 33 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Defendant Best Foods LLC. (Haeusler, Rita) |
| Filing 32 OBJECTIONS to Request for Judicial Notice #24 - PLAINTIFFS OPPOSITION AND OBJECTION TO DEFENDANT BEST FOODS LLCS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS THE COMPLAINT OF PLAINTIFF NESTLE USA, INC filed by Plaintiff Nestle USA, Inc.. (Giali, Dale) |
| Filing 31 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Plaintiff Nestle USA, Inc.. (Giali, Dale) |
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Filing 30
ORDER GRANTING #29 STIPULATION TO EXTEND BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS [23} by Judge Mark C. Scarsi: (1) Plaintiff NESTLE USA, INC. shall file its Response Memorandum in Opposition to Defendant's Motion to Dismiss on or before July 14, 2021. (2) Defendant BEST FOODS LLC shall file its Reply Memorandum in Support of its Motion to Dismiss on or before August 2, 2021. (lc) Modified on 6/25/2021 (lc).
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| Filing 29 STIPULATION for Extension of Time to File Briefing on Defendant's Motion To Dismiss filed by Plaintiff Nestle USA, Inc.. (Attachments: #1 Proposed Order)(Giali, Dale) |
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Filing 28
ORDER GRANTING APPLICATION of Non-Resident Attorney Diego F. Duran de la Vega to Appear Pro Hac Vice on behalf of Defendant Best Foods LLC and designating Rita M. Haeusler as local counsel #27 by Judge Mark C. Scarsi (lc)
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| Filing 27 APPLICATION of Non-Resident Attorney Diego F. Duran de la Vega to Appear Pro Hac Vice on behalf of Defendant Best Foods LLC (Pro Hac Vice Fee - $500.00 Previously Paid on 6/23/2021, Receipt No. 31514938) filed by defendant Best Foods LLC. (Attachments: #1 Proposed Order) (Haeusler, Rita) |
| Filing 26 CORPORATE DISCLOSURE STATEMENT filed by Defendant Best Foods LLC (Haeusler, Rita) |
| Filing 25 NOTICE of Interested Parties filed by Defendant Best Foods LLC, identifying Nestle USA, Inc. and Best Foods LLC. (Haeusler, Rita) |
| Filing 24 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Defendant Best Foods LLC. (Haeusler, Rita) |
| Filing 23 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Best Foods LLC. Motion set for hearing on 8/16/2021 at 09:00 AM before Judge Mark C. Scarsi. (Haeusler, Rita) |
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Filing 22
DENIED ORDER by Judge Mark C. Scarsi, re Stipulation to Extend Time to Answer (More than 30 days) #21 . Denied by order of the Court. (smo)
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| Filing 21 Third STIPULATION for Extension of Time to File Answer to July 6, 2021 re Complaint (Attorney Civil Case Opening) #1 filed by defendant Best Foods LLC. (Attachments: #1 Proposed Order)(Haeusler, Rita) |
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Filing 20
ORDER EXTENDING TIME FOR BEST FOODS LLC TO RESPOND TO INITIAL COMPLAINT TO JUNE 21, 2021 #19 by Judge Mark C. Scarsi (lc)
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| Filing 19 Second STIPULATION for Extension of Time to File Answer to June 21, 2021 re Complaint (Attorney Civil Case Opening) #1 filed by defendant Best Foods LLC. (Attachments: #1 Proposed Order)(Haeusler, Rita) |
| Filing 18 STIPULATION Extending Time to Answer the complaint as to Best Foods LLC answer now due 5/20/2021, re Complaint (Attorney Civil Case Opening) #1 filed by defendant Best Foods LLC.(Attorney Rita M Haeusler added to party Best Foods LLC(pty:dft))(Haeusler, Rita) |
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Filing 17
ORDER GRANTING APPLICATION of Non-Resident Attorney Stephen M. Cohen to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. and designating Dale J. Giali as local counsel #14 by Judge Mark C. Scarsi (lc)
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Filing 16
ORDER GRANTING APPLICATION of Non-Resident Attorney Adam L. Hudes to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. and designating Dale J. Giali as local counsel #13 by Judge Mark C. Scarsi (lc)
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| Filing 15 PROOF OF SERVICE filed by Plaintiff Nestle USA, Inc., re APPLICATION of Non-Resident Attorney Adam L. Hudes to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31019851) #13 , Service of Summons and Complaint Returned Executed (21 days), #12 , APPLICATION of Non-Resident Attorney Stephen M. Cohen to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31019896) #14 served on 03/31/2021. (Giali, Dale) |
| Filing 14 APPLICATION of Non-Resident Attorney Stephen M. Cohen to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31019896) filed by Plaintiff Nestle USA, Inc.. (Attachments: #1 Proposed Order) (Giali, Dale) |
| Filing 13 APPLICATION of Non-Resident Attorney Adam L. Hudes to Appear Pro Hac Vice on behalf of Plaintiff Nestle USA, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31019851) filed by Plaintiff Nestle USA, Inc.. (Attachments: #1 Proposed Order) (Giali, Dale) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Nestle USA, Inc., upon Defendant Best Foods LLC served on 3/30/2021, answer due 4/20/2021. Service of the Summons and Complaint were executed upon Lelee Valenzuela, Accounts Receivable for Best Foods LLC, and authorized to accept service, in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Giali, Dale) |
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Filing 11
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stephen Cohen. 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. (lh) |
| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Adam Hudes. 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. (lh) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Best Foods LLC. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Jean P. Rosenbluth. (lh) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT Pursuant to Federal Rule of Civil Procedure 7.1 and Certification of Interested Parties Pursuant to Local Rule 7.1-1 filed by Plaintiff Nestle USA, Inc. identifying Nestle S.A., NIMCO US, Inc., Nestle Holdings, Inc. as Corporate Parent. (Giali, Dale) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Nestle USA, Inc.. (Giali, Dale) |
| Filing 3 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Nestle USA, Inc.. (Giali, Dale) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Nestle USA, Inc.. (Giali, Dale) |
| Filing 1 COMPLAINT Receipt No: ACACDC-30996646 - Fee: $402, filed by Plaintiff Nestle USA, Inc.. (Attorney Dale J Giali added to party Nestle USA, Inc.(pty:pla))(Giali, Dale) |
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