Hsiao and Montano, Inc. v. Xstatic Pro Inc et al
| Hsiao & Montano, Inc. doing business as Odyssey Innovative Designs and Hsiao and Montano, Inc. a California corporation doing business as Odyssey Innovative Designs |
| PEDRAM MONASHERI, GABRIEL MENASHE, GIBOR MENA, MICHAEL MONASHERI, GABI MENASHE, GABRIEL MENA, GIBOR USA doing business as GIBOR MENA, Xstatic Pro Inc doing business as XSTATIC PRO LIGHTING doing business as Pro X doing business as PROX doing business as PRO X DIRECT doing business as Prox Direct doing business as PRO X CASES doing business as PROX CASES, SAM MANSHARY, GABI MENA, PEDRAM GABRIEL MONASHERI, Xstatic Pro Inc. a New York corporation doing business as Xstatic Pro Lighting doing business as Pro X doing business as Prox doing business as Pro X Direct doing business as Prox Direct doing business as Pro X Cases doing business as Prox Cases, Gibor USA a business entity of unknown form doing business as Gibor Mena, Does 1 through 10, inclusive, Mansour Michael Monasheri, Mike Monasheri, Michael M Monasheri, Michael Mohaber, Mike Mohaber, Mansour Monsheri, Mansour R Monasheri and VIP Pro Audio Inc. , a New York corporation doing business as VIP Electronics Inc. |
| 2:2021cv05430 |
| July 2, 2021 |
| US District Court for the Central District of California |
| Charles F Eick |
| Michael W Fitzgerald |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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Filing 50
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08, Order of the Chief Judge 21-124, and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the DEFENDANTS SAM MANSHARY, GABRIEL MENASHE, MICHAEL MONASHERI MOTION TO DISMISS TRADEMARK INFRINGEMENT, FALSE DESIGNATION OF ORIGIN AND UNFAIR COMPETITION CLAIMS #47 appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for July 18, 2022 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 49 REPLY filed by Defendant Gabriel Menashe , Defendant Michael Monasheri and Defendant Sam Manshary in Support of Their Rule 12(b)(6) Motion to Dismiss Trademark Infringement and Unfair Competition Claims (Rothbard, William) |
| Filing 48 OPPOSITION Opposition re: First NOTICE OF MOTION AND MOTION to Dismiss TRADEMARK INFRINGEMENT, FALSE DESIGNATION OF ORIGIN AND UNFAIR COMPETITION CLAIMS #47 filed by Plaintiff Hsiao and Montano, Inc.. (Wu, Charles) |
| Filing 47 First NOTICE OF MOTION AND MOTION to Dismiss TRADEMARK INFRINGEMENT, FALSE DESIGNATION OF ORIGIN AND UNFAIR COMPETITION CLAIMS filed by Defendants Sam Manshary, Gabriel Menashe, Michael Monasheri. Motion set for hearing on 7/18/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Altman, Bryan) |
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Filing 46
STIPULATED PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Protective Order. #45 (See document for details) (vmun)
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| Filing 45 STIPULATION for Protective Order filed by Plaintiff Hsiao and Montano, Inc.. (Attachments: #1 Proposed Order)(Sandell, Elena) |
| Filing 44 VIP PRO AUDIO and dba's NOTICE of Interested Parties filed by Defendant VIP Pro Audio Inc., identifying XSTATIC PRO and dba's GABRIEL MENASHE and dba's MIKE MONASHERI and dba's GIBOR USA and dba's SAM MANSHARY and dba's. (Altman, Bryan) |
| Filing 43 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer #42 . 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. (iv) |
| Filing 42 ANSWER to Amended Complaint/Petition,, #38 JURY DEMAND. filed by Defendant VIP Pro Audio Inc..(Attorney Bryan C Altman added to party VIP Pro Audio Inc.(pty:dft))(Altman, Bryan) |
| Filing 41 ANSWER to Amended Complaint/Petition,, #38 JURY DEMAND. filed by Defendant Xstatic Pro Inc..(Rothbard, William) |
| Filing 40 21 DAY Summons Issued re Amended Complaint/Petition #38 as to All Defendants. (iv) |
| Filing 39 Request for Clerk to Issue Summons on Amended Complaint/Petition,, #38 filed by Plaintiff Hsiao and Montano, Inc.. (Reddy, Vikram) |
| Filing 38 FIRST AMENDED COMPLAINT against Defendants Does, Gibor USA, Sam Manshary, Gabriel Menashe, Michael Monasheri, Pedram Monasheri, Xstatic Pro Inc., VIP Pro Audio Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Hsiao and Montano, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Reddy, Vikram) |
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Filing 37
ORDER GRANTING JOINT STIPULATION FOR LEAVE FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT #36 by Judge Michael W. Fitzgerald. Plaintiff shall electronically file its First Amended Complaint, a true and correct copy of which was attached to the Stipulation as Exhibit A," including sub-exhibits thereto, no later than February 11, 2022. (iv)
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| Filing 36 Joint STIPULATION for Leave to File First Amended Complaint filed by Plaintiff Hsiao and Montano, Inc.. (Attachments: #1 Exhibit A (Proposed First Amended Complaint), #2 Proposed Order)(Reddy, Vikram) |
| Filing 35 NOTICE of Change of Attorney Business or Contact Information: for attorney Bryan C Altman counsel for Defendants Gibor USA, Sam Manshary, Gabriel Menashe, Michael Monasheri, Pedram Monasheri, Xstatic Pro Inc.. Changing Address to 10990 Wilshire Blvd., Suite 220, Los Angeles, CA 90024. Filed by Defendants Gibor USA, Sam Manshary, Gabriel Menashe, Michael Monasheri, Pedram Monasheri, Xstatic Pro Inc.. (Attorney Bryan C Altman added to party Michael Monasheri(pty:dft))(Altman, Bryan) |
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Filing 34
ORDER SETTING ASIDE DEFAULT OF DEFENDANT MICHAEL MONASHERI, AN INDIVIDUAL #33 by Judge Michael W. Fitzgerald. For good cause shown: 1. The default entered by the Clerk of the Court against Defendant Monasheri (Docket No. 31) is set aside; 2. Defendant Monasheri's response to the Complaint shall be due February 2, 2022; and 3. The $5,000 reimbursement funds being held in trust by Defendant Monasheri's counsel and which are earmarked for Plaintiff, shall be forwarded by Defendant Monasheri's counsel to Plaintiff's counsel within three (3) business days of entry of this Order. (lom)
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| Filing 33 Joint STIPULATION to Set Aside Default as to Defendant Michael Monasheri filed by defendant Michael Monasheri. (Attachments: #1 Proposed Order)(Attorney William I Rothbard added to party Michael Monasheri(pty:dft))(Rothbard, William) |
| Filing 32 NOTICE of Entry of Default filed by Plaintiff Hsiao and Montano, Inc.. on Defendant Michael Monasheri (Wu, Charles) |
| Filing 31 DEFAULT SET ASIDE, see docket entry no. 34 - DEFAULT BY CLERK F.R.Civ.P.55(a) as to Michael Monasheri. (iv) Modified on 1/3/2022 (lom). |
| Filing 30 REQUEST for Clerk to Enter Default against Defendant Michael Monasheri filed by Plaintiff Hsiao and Montano, Inc.. (Attachments: #1 Exhibit 1) (Wu, Charles) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Hsiao and Montano, Inc., upon Defendant Michael Monasheri served on 10/26/2021, answer due 11/16/2021. Service of the Summons and Complaint were executed upon Michael Monasheri, an individual in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Wu, Charles) |
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Filing 28
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald: Last Day to Add Parties/Amend Pleadings due by 4/4/2022., Non-expert Discovery Cut-off 10/17/2022., Exhibit List due by 1/9/2023., File Memorandum of Contentions ofFact and Law, Exhibit and WitnessLists, Status Report regardingsettlement, and all Motions in Limine: 1/9/2023. Last Day to Hear Motions due by 11/14/2022., Final Pretrial Conference and Hearingon Motions in Limine set for 1/30/2023 11:00 AM, Trial Date (Est. 8 to 10 Days) Jury Trial set for 2/21/2023 08:30 AM before Judge Michael W. Fitzgerald. [SEE THE SECOND PAGE OF THIS ORDER FOR FURTHER THE SPECIFIED DATES). (et)
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Filing 27
ORDER/REFERRAL to ADR Procedure No 3 by Judge Michael W. Fitzgerald. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 12/5/2022. A Status Report Regarding Settlement shall be filed no later than: 1/9/2023. (et)
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Filing 26
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08, the Court VACATES the Scheduling Conference set for 10/4/2021 at 11:00 a.m. No appearances shall be made. The Court will review the parties' Joint Rule 26(f) Report and issue pretrial and trial dates by separate order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 25 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8-10 days, filed by Plaintiff Hsiao and Montano, Inc... (Attachments: #1 Exhibit A)(Reddy, Vikram) |
| Filing 24 PROOF OF SERVICE filed by Plaintiff Hsiao and Montano, Inc., re Initial Order Setting R26 Scheduling Conference - form only, #20 served upon Defendant Michael Monasheri served on 9/14/2021. (Wu, Charles) |
| Filing 23 NOTICE of Interested Parties filed by Defendants Gibor USA, Sam Manshary, Gabriel Menashe, Pedram Monasheri, Xstatic Pro Inc., (Altman, Bryan) |
| Filing 22 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Michael Monasheri #21 . The Clerk cannot enter the requested relief as: Signature on the return receipt is illegible, there is no supporting declaration, etc verify who accepted service. Also, no hearing is need re Entry of Default by Clerk. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered . (lom) Modified on 9/3/2021 (lom). |
| Filing 21 REQUEST for Clerk to Enter Default against Defendant Michael Monasheri filed by Plaintiff Hsiao and Montano, Inc.. Request set for hearing on 9/2/2021 at 04:00 PM before Judge Michael W. Fitzgerald. (Attachments: #1 Exhibit 1) (Reddy, Vikram) |
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Filing 20
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 10/4/2021 at 11:00 AM. (iv)
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| Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #18 . 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. (iv) |
| Filing 18 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendants Gibor USA, Sam Manshary, Gabriel Menashe, Pedram Monasheri, Xstatic Pro Inc..(Attorney Bryan C Altman added to party Gibor USA(pty:dft), Attorney Bryan C Altman added to party Sam Manshary(pty:dft), Attorney Bryan C Altman added to party Gabriel Menashe(pty:dft), Attorney Bryan C Altman added to party Pedram Monasheri(pty:dft), Attorney Bryan C Altman added to party Xstatic Pro Inc.(pty:dft))(Altman, Bryan) |
| Filing 17 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Hsiao and Montano, Inc., upon Defendant Pedram Monasheri acknowledgment sent by Plaintiff on 7/9/2021, answer due 7/30/2021. Acknowledgment of Service signed by Pedram Monasheri, an individual a.k.a. Pedram Gabriel Monasheri a.k.a. Michael Monasheri a.k.a. Gabriel Menashe, Same named defendant. (Wu, Charles) |
| Filing 16 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Hsiao and Montano, Inc., upon Defendant Michael Monasheri acknowledgment sent by Plaintiff on 7/9/2021, answer due 7/30/2021. Acknowledgment of Service signed by Michael Monasheri, an individual, Same named defendant. (Wu, Charles) |
| Filing 15 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Hsiao and Montano, Inc., upon Defendant Gabriel Menashe acknowledgment sent by Plaintiff on 7/9/2021, answer due 7/30/2021. Acknowledgment of Service signed by Gabriel Menashe, an individual a.k.a. Gabi Menashe a.k.a. Gabriel Mena a.k.a. Gabi Mena a.k.a. Gibor Mena, Same named defendant. (Wu, Charles) |
| Filing 14 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Hsiao and Montano, Inc., upon Defendant Xstatic Pro Inc. acknowledgment sent by Plaintiff on 7/9/2021, answer due 7/30/2021. Acknowledgment of Service signed by Xstatic Pro Inc., a New York corporation d.b.a. Xstatic Pro Lighting d.b.a. Pro X d.b.a. ProX d.b.a. Pro X Direct d.b.a. ProX Direct d.b.a. Pro X Cases d.b.a. ProX Cases, Same named defendant. (Wu, Charles) |
| Filing 13 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Hsiao and Montano, Inc., upon Defendant Sam Manshary acknowledgment sent by Plaintiff on 7/9/2021, answer due 7/30/2021. Acknowledgment of Service signed by Sam Manshary, an individual, Same named defendant. (Wu, Charles) |
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:14-cv-06270 MWF(Ex). Case transferred from Magistrate Judge Paul L. Abrams and Judge Dolly M. Gee to Judge Michael W. Fitzgerald and Magistrate Judge Charles F. Eick for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-05430 MWF(Ex). Signed by Judge Michael W. Fitzgerald (rn)
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| Filing 11 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Gibor USA, Sam Manshary, Gabriel Menashe, Michael Monasheri, Pedram Monasheri, Xstatic Pro Inc. (lh) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Paul L. Abrams. (lh) |
| Filing 7 NOTICE of Related Case(s) filed by plaintiff Hsiao & Montano, Inc.. Related Case(s): 2:14-CV-06270-MWF (Ex) (Reddy, Vikram) |
| Filing 6 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Hsiao & Montano, Inc.. (Reddy, Vikram) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Hsiao & Montano, Inc. (Reddy, Vikram) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Hsiao & Montano, Inc., (Reddy, Vikram) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Hsiao & Montano, Inc.. (Reddy, Vikram) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Hsiao & Montano, Inc.. (Reddy, Vikram) |
| Filing 1 COMPLAINT Receipt No: BCACDC-31575249 - Fee: $402, filed by plaintiff Hsiao & Montano, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Attorney Vikram M Reddy added to party Hsiao & Montano, Inc.(pty:pla))(Reddy, Vikram) |
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