Persona Cosmetics, Inc. v. Societe Des Produits Nestle S.A. et al
| Persona Cosmetics, Inc. |
| Vitamin Packs, Inc., Societe Des Produits Nestle S.A., Nestle Healthcare Nutrition, Inc. and Nestle Healthcare Nutrition, Inc. doing business as Nestle Health Science |
| 2:2021cv04644 |
| June 7, 2021 |
| US District Court for the Central District of California |
| Karen E Scott |
| James V Selna |
| Trademark |
| 15 U.S.C. § 44 |
| Plaintiff |
Docket Report
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Filing 42
ORDER by Judge James V. Selna: granting #41 Non-Resident Attorney A. John P. Mancini APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Nestle Healthcare Nutrition, Inc. and VitaminPacks Inc., designating Dale J. Giali as local counsel. (es)
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| Filing 41 APPLICATION of Non-Resident Attorney A. John P. Mancini to Appear Pro Hac Vice on behalf of Defendants Nestle Healthcare Nutrition, Inc., Vitamin Packs, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31692079) filed by Defendants Nestle Healthcare Nutrition, Inc., Vitamin Packs, Inc.. (Attachments: #1 Proposed Order) (Giali, Dale) |
| Filing 40 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jonathan W. Thomas to Appear Pro Hac Vice on behalf of Defendants Nestle Healthcare Nutrition, Inc., Vitamin Packs, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31636505) #36 , APPLICATION of Non-Resident Attorney Daniel M. Rosales to Appear Pro Hac Vice on behalf of Defendants Nestle Healthcare Nutrition, Inc., Vitamin Packs, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31636627) #37 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed. (lt) |
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Filing 39
ORDER by Judge James V. Selna: granting #36 Non-Resident Attorney Jonathan W. Thomas APPLICATION to Appear Pro Hac Vice on behalf of Defendant(s) Nestle Healthcare Nutrition, Inc. and VitaminPacks Inc, designating Dale J. Giali as local counsel. (es)
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Filing 38
ORDER by Judge James V. Selna: Granting #37 Non-Resident Attorney Daniel M. Rosales APPLICATION to Appear Pro Hac Vice on behalf of Defendant Nestle Healthcare Nutrition, Inc. and VitaminPacks Inc., designating Dale J. Giali as local counsel. (es)
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| Filing 37 APPLICATION of Non-Resident Attorney Daniel M. Rosales to Appear Pro Hac Vice on behalf of Defendants Nestle Healthcare Nutrition, Inc., Vitamin Packs, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31636627) filed by Defendants Nestle Healthcare Nutrition, Inc., Vitamin Packs, Inc.. (Attachments: #1 Proposed Order) (Giali, Dale) |
| Filing 36 APPLICATION of Non-Resident Attorney Jonathan W. Thomas to Appear Pro Hac Vice on behalf of Defendants Nestle Healthcare Nutrition, Inc., Vitamin Packs, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31636505) filed by Defendants Nestle Healthcare Nutrition, Inc., Vitamin Packs, Inc.. (Attachments: #1 Proposed Order) (Giali, Dale) |
| Filing 35 NOTICE of Interested Parties filed by Defendant Nestle Healthcare Nutrition, Inc., identifying Nestle Holdings, Inc., NIMCO US, Inc., Nestle US Holdco, Inc., Societe des Produits Nestle S.A., Nestle S.A.. (Giali, Dale) |
| Filing 34 (Corrected #33 ) Notice of Interested Parties filed by Defendant Vitamin Packs, Inc., identifying Nestle Health Science US Holdings, Inc., NIMCO US, Inc., Nestle US Holdco, Inc., Societe des Produits Nestle S.A., Nestle S.A.. (Giali, Dale) |
| Filing 33 NOTICE of Interested Parties filed by Defendant Vitamin Packs, Inc., identifying Nestle Health Science US Holdings, Inc., NIMCO US, Inc., Nestle US Holdco, Inc., Societe des Produits Nestle S.A., Nestle S.A.. (Giali, Dale) |
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Filing 32
ORDER GRANTING EX PARTE APPLICATION OF DEFENDANTS NESTL HEALTHCARE NUTRITION,INC. D/B/A NESTLE HEALTH SCIENCE AND VITAMIN PACKS, INC. TO EXTEND TIME TO RESPOND TO THE INITIAL COMPLAINT #29 by Judge James V. Selna: *Note Correct Case Number.* Defendants Nestl Healthcare Nutrition, Inc. d/b/a Nestl Health Science and Vitamin Packs, Inc. shall have until August 14, 2021 to answer or other respond to the complaint. (es)
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| Filing 31 DECLARATION of Michael G. Goldberg in opposition to EX PARTE APPLICATION to Extend Time to File Answer to 8/30/2021 re Complaint (Attorney Civil Case Opening), #1 #29 filed by Plaintiff Persona Cosmetics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Balzer, Mary) |
| Filing 30 MEMORANDUM in Opposition to EX PARTE APPLICATION to Extend Time to File Answer to 8/30/2021 re Complaint (Attorney Civil Case Opening), #1 #29 filed by Plaintiff Persona Cosmetics, Inc.. (Balzer, Mary) |
| Filing 29 EX PARTE APPLICATION to Extend Time to File Answer to 8/30/2021 re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Nestle Healthcare Nutrition, Inc., Vitamin Packs, Inc.. (Attachments: #1 Declaration of Dale J. Giali, #2 Exhibit 1 to Declaration of Dale J. Giali, #3 Proposed Order, #4 Proof of Service) (Attorney Dale J Giali added to party Nestle Healthcare Nutrition, Inc.(pty:dft), Attorney Dale J Giali added to party Vitamin Packs, Inc.(pty:dft)) (Giali, Dale) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff Persona Cosmetics, Inc., upon Defendant Nestle Healthcare Nutrition, Inc. served on 6/23/2021, answer due 7/14/2021. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Balzer, Mary) |
| Filing 27 PROOF OF SERVICE Executed by Plaintiff Persona Cosmetics, Inc., upon Defendant Vitamin Packs, Inc. served on 6/23/2021, answer due 7/14/2021. Service of the Summons and Complaint were executed upon Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Balzer, Mary) |
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Filing 26
Order Setting Rule 26(f) Scheduling Conference for 8/30/2021 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 8/23/2021. (lb)
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Filing 25
ORDER by Judge James V. Selna: Granting #23 Non-Resident Attorney Dyan M. Finguerra-Ducharme APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Persona Cosmetics, Inc, designating Michael J. Niborski as local counsel. (es)
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Filing 24
ORDER by Judge James V. Selna: Granting #22 Non-Resident Attorney Felicity S. Kohn APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Persona Cosmetics, Inc, designating Michael J. Niborski as local counsel. (es)
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| Filing 23 APPLICATION of Non-Resident Attorney Dyan M. Finguerra-Ducharme to Appear Pro Hac Vice on behalf of Plaintiff Persona Cosmetics, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31446706) filed by Plaintiff Persona Cosmetics, Inc.. (Attachments: #1 Proposed Order) (Balzer, Mary) |
| Filing 22 APPLICATION of Non-Resident Attorney Felicity S. Kohn to Appear Pro Hac Vice on behalf of Plaintiff Persona Cosmetics, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31444710) filed by Plaintiff Persona Cosmetics, Inc.. (Attachments: #1 Proposed Order) (Balzer, Mary) |
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Filing 21
ORDER by Judge James V. Selna: Granting #20 Non-Resident Attorney Michael G. Goldberg APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Persona Cosmetics, Inc, designating Michael J. Niborski as local counsel. (es)
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| Filing 20 APPLICATION of Non-Resident Attorney Michael G. Goldberg to Appear Pro Hac Vice on behalf of Plaintiff Persona Cosmetics, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31444359) filed by Plaintiff Persona Cosmetics, Inc.. (Attachments: #1 Proposed Order) (Attorney Mary Alexandra Balzer added to party Persona Cosmetics, Inc.(pty:pla)) (Balzer, Mary) |
| Filing 19 REFUND OF $402.00 made payable on 06/09/2021 to Michael Niborski for payment made on 06/07/2021 Re: APPLICATION for Refund of Fees Paid #9 . (rdj) |
| Filing 18 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 17 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Vitamin Packs, Inc. (ghap) |
| Filing 16 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Nestle Healthcare Nutrition, Inc. (ghap) |
| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Societe Des Produits Nestle S.A. (ghap) |
| Filing 14 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Felicity Kohn on behalf on Plaintiff. 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. (ghap) |
| Filing 13 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Dyan Finguerra-DuCharme on behalf on Plaintiff. 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. (ghap) |
| Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael G Goldberg on behalf on Plaintiff. 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. (ghap) |
| Filing 11 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 10 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (ghap) |
| Filing 9 APPLICATION for Refund of Fees Paid filed by Plaintiff PERSONA COSMETICS, INC.. (Niborski, Michael) |
| Filing 8 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by PERSONA COSMETICS, INC.. (Niborski, Michael) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff PERSONA COSMETICS, INC. (Niborski, Michael) |
| Filing 6 CIVIL COVER SHEET filed by Plaintiff PERSONA COSMETICS, INC.. (Niborski, Michael) |
| Filing 5 NOTICE of Interested Parties filed by Plaintiff PERSONA COSMETICS, INC., (Niborski, Michael) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff PERSONA COSMETICS, INC.. (Niborski, Michael) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff PERSONA COSMETICS, INC.. (Niborski, Michael) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff PERSONA COSMETICS, INC.. (Niborski, Michael) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31418350 - Fee: $402, filed by Plaintiff PERSONA COSMETICS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C-1, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I) (Attorney Michael J Niborski added to party PERSONA COSMETICS, INC.(pty:pla))(Niborski, Michael) |
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