Pharmavite LLC v. Netbus Inc
| Pharmavite LLC |
| Netbus Inc |
| 2:2021cv07400 |
| September 15, 2021 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Percy Anderson |
| Steve Kim |
| John E McDermott |
| Fernando M Olguin |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.
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Filing 87
STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) filed by Plaintiff Pharmavite LLC.(Richey, Carrie)
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Filing 86
ORDER GRANTING JOINT STIPULATION TO STAY PROCEEDINGS THROUGH OCTOBER 26, 2022 #85 by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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Filing 85
Joint STIPULATION to Stay Case pending additional time to finalize settlement negotiations and written settlement filed by Plaintiff Pharmavite LLC. (Attachments: #1 Proposed Order)(Richey, Carrie)
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Filing 84
MINUTE (IN CHAMBERS) ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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Filing 83
ORDER GRANTING JOINT STIPULATION TO STAY PROCEEDINGS THROUGH 9/26/2022 by Judge Fernando M. Olguin: Upon Stipulation #82 , the Court hereby orders that all proceedings in this action are stayed until 9/26/2022 to permit the parties to finalize their settlement negotiations and prepare a written settlement. If the parties have not finalized their settlement in writing by 9/26/2022, they shall file a joint report no later than 9/26/2022 to notify the Court and submit a Proposed Order to Amend the current Scheduling Order consistent with the dates identified in the parties' Joint Stipulation to Continue Stay. (gk)
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Filing 82
Joint STIPULATION to Stay Case pending additional time to finalize settlement negotiations and written settlement filed by defendant Netbus Inc. (Attachments: #1 Proposed Order)(Fattahi, Kamran)
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Filing 81
ORDER GRANTING JOINT STIPULATION TO STAY PROCEEDINGS THROUGH AUGUST 25, 2022 #80 by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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Filing 80
Second STIPULATION to Stay Case pending additional time to finalize settlement negotiations and written settlement filed by Plaintiff Pharmavite LLC. (Attachments: #1 Proposed Order)(Richey, Carrie)
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Filing 79
ORDER GRANTING JOINT STIPULATION TO STAY PROCEEDINGS THROUGH JULY 11, 2022 by Judge Fernando M. Olguin. *See Order for Details.* (rolm)
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Filing 78
Joint STIPULATION to Stay Case pending additional time to finalize settlement negotiations and written settlement filed by Plaintiff Pharmavite LLC. (Attachments: #1 Proposed Order)(Richey, Carrie)
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Filing 77
ORDER GRANTING JOINT STIPULATION TO STAY PROCEEDINGS THROUGH MAY 23, 2022 #76 by Judge Fernando M. Olguin. The Court hereby orders as follows: 1. All proceedings in this action are stayed until May 23, 2022 to permit the Parties to finalize their settlement negotiations and prepare a written settlement. 2. If the Parties have not finalized their settlement in writing by May 23, 2022, they shall file a joint report no later than May 23, 2022 to notify the Court and submit a Proposed Order to Amend the current Scheduling Order consistent with the dates identified in the Parties' Joint Stipulation to Stay Proceedings. (lom)
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Filing 76
Joint STIPULATION to Stay Case pending settlement negotiations and written settlement filed by Plaintiff Pharmavite LLC. (Attachments: #1 Proposed Order)(Richey, Carrie)
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Filing 75
ORDER by Judge Fernando M. Olguin: Granting Application of Non-Resident Attorney Lucy Wheatley to Appear Pro Hac Vice on behalf of Plaintiff Pharmavite LLC, designating Tanya Greene as local counsel #74 . (iv)
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Filing 74
APPLICATION of Non-Resident Attorney Lucy J. Wheatley to Appear Pro Hac Vice on behalf of Plaintiff Pharmavite LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32881243) filed by Plaintiff Pharmavite LLC. (Attachments: #1 Proposed Order) (Greene, Tanya)
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Filing 73
Notice of Appearance or Withdrawal of Counsel: for attorney Tanya Greene counsel for Plaintiff Pharmavite LLC. Adding Tanya L. Greene as counsel of record for Pharmavite LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Pharmavite LLC. (Attorney Tanya Greene added to party Pharmavite LLC(pty:pla))(Greene, Tanya)
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Filing 72
ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (gga)
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Filing 71
MINUTES (IN CHAMBERS) ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. The final pretrial conference and hearing on motions in limine is scheduled for November 18, 2022, at 10:00 a.m. The trial is scheduled to begin on December 13, 2022, at 9:00 a.m. (iv)
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Filing 70
Joint STIPULATION to AMEND Pretrial-Trial Scheduling Order - form only,, Terminate Hearings, #52 filed by Plaintiff Pharmavite LLC. (Attachments: #1 Proposed Order)(Richey, Carrie)
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Filing 69
TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the the Motion to Dismiss #65 currently set for hearing on February 10, 2022, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY
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Filing 68
REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss plaintiff's Consolidated First Amended Complaint #65 filed by Defendant Netbus Inc. (Fattahi, Kamran)
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Filing 67
OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss plaintiff's Consolidated First Amended Complaint #65 (Plaintiff Pharmavite LLC's Opposition to Defendant Netbus Inc's Motion to Dismiss Plaintiff's Consolidated First Amended Complaint Pursuant to FRCP Rule 12(b)) filed by Plaintiff Pharmavite LLC. (Attachments: #1 Proposed Order)(Richey, Carrie)
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Filing 66
NOTICE of Appearance filed by attorney Kamran Fattahi on behalf of Defendant Netbus Inc (Fattahi, Kamran)
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Filing 65
NOTICE OF MOTION AND MOTION to Dismiss plaintiff's Consolidated First Amended Complaint filed by defendant Netbus Inc. Motion set for hearing on 2/10/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum, #2 Declaration, #3 Supplement, #4 Proposed Order) (Fattahi, Kamran)
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Filing 64
CONSOLIDATED COMPLAINT (Consolidated First Amended Complaint) related to: #53 Consolidated Complaint, filed by Plaintiff Pharmavite LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Richey, Carrie)
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Filing 63
MINUTES (IN CHAMBERS) ORDER RE: PENDING MOTIONS #54 #58 #61 by Judge Fernando M. Olguin. Plaintiff shall, no later than two court days from the filing of this Order, file its First Amended Consolidated Complaint in compliance with Local Rule 3-2. *See Order for details.* (iv)
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Filing 62
STATEMENT of Local Rule 7-3 In Support of Plaintiff Pharmavite LLC's NOTICE OF MOTION AND MOTION for Leave to file First Amended Consolidated Complaint #61 filed by Plaintiff Pharmavite LLC. (Attachments: #1 Declaration of Carrie Richey, #2 Exhibit A)(Richey, Carrie)
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Filing 61
NOTICE OF MOTION AND MOTION for Leave to file First Amended Consolidated Complaint filed by Plaintiff Pharmavite LLC. Motion set for hearing on 1/20/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities In Support of It's Motion for Leave to File First Amended Consolidated Complaint, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Richey, Carrie)
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Filing 60
NOTICE of Interested Parties filed by Defendant Netbus Inc, identifying Netbus Inc.. (Fattahi, Kamran)
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Filing 59
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #58 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Compliance with Local Rule 7.1-1 is required no later than December 2, 2021. 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)
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Filing 58
NOTICE OF MOTION AND MOTION to Dismiss Consolidated Complaint filed by defendant Netbus Inc. Motion set for hearing on 1/13/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum, #2 Declaration, #3 Request for Judicial Notice, #4 Proposed Order) (Fattahi, Kamran)
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Filing 57
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Order #56 . The following error(s) was/were found: This document is tendered for the judges approval and should have been submitted as a separate PDF attachment to the Notice of Lodging. A Word or Wordperfect version of the proposed order should be emailed to the chambers generic email address. Correct Event- Civil Events - Other Filings - Notices- Notice of Lodging. 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)
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Filing 56
EXHIBIT Filed filed by Plaintiff Pharmavite LLC. [PROPOSED] Order Denying Defendant Netbus Inc.s Ex Parte Application to Continue Deadlines for Filing Answer or Rule 12 Motion to Dismiss and for Meet & Confer re Same as to Objection/Opposition (Motion related) #55 . (Richey, Carrie)
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Filing 55
OPPOSITION Opposition re: EX PARTE APPLICATION to Extend Time to File Answer to 12/16/2021 re Consolidated Complaint #53 #54 filed by Plaintiff Pharmavite LLC. (Richey, Carrie)
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Filing 54
EX PARTE APPLICATION to Extend Time to File Answer to 12/16/2021 re Consolidated Complaint #53 filed by defendant Netbus Inc. (Attachments: #1 Proposed Order) (Fattahi, Kamran)
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Filing 53
CONSOLIDATED COMPLAINT related to: #1 Complaint - (Discovery),, filed by Plaintiff Pharmavite LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Richey, Carrie)
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Filing 52
SCHEDULING AND CASE MANAGEMENT ORDER by Judge Fernando M. Olguin. The final pretrial conference and hearing on motions in limine is scheduled for September 2, 2022, at 10:00 a.m. The trial is scheduled to begin on Tuesday, September 20, 2022, at 9:00 a.m. (iv)
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Filing 51
ORDER RE: CONSOLIDATION by Judge Fernando M. Olguin. Pharmavite, CV 21-7400 FMO (SKx) and Netbus Inc. v. Pharmavite LLC, CV 21-1105 FMO (SKx) are hereby consolidated. The Clerk shall consolidate these actions such that Pharmavite, CV 21-7400 FMO (SKx), is the lead case. All future filings shall be filed in Pharmavite, CV 21-7400 FMO (SKx). Pharmative shall be deemed the plaintiff and shall file a Consolidated Complaint no later than November 15, 2021. (iv)
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Filing 49
ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT #48 by Judge Fernando M. Olguin. Defendant Netbus Inc. (Netbus) shall have up to and including November 29, 2021 to answer or otherwise respond to the original complaint in this action. (lom)
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Filing 48
Second STIPULATION for Extension of Time to File Answer to 11/29/2021 re Complaint - (Discovery), #1 filed by defendant Netbus Inc. (Attachments: #1 Proposed Order)(Fattahi, Kamran)
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Filing 47
STIPULATION Extending Time to Answer the complaint as to Netbus Inc answer now due 10/29/2021, re Complaint - (Discovery), #1 filed by defendant Netbus Inc.(Fattahi, Kamran)
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Filing 50
MINUTES OF Settlement Conference held before Magistrate Judge Steve Kim. Settlement Conference held in related case 2:21-cv-01105-FMO-SK. Case called. Counsel state their appearances for the record. The Court and parties conduct settlement discussions off the record. The parties were unable to reach settlement. The parties are advised that all discussions were, and are, deemed to be confidential settlement discussions. Court Recorder: CS 10/20/21. (clee)
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Filing 46
RESPONSE filed by Plaintiff Pharmavite LLCto Order to Show Cause, #43 (Joint Statement Regarding Court's Order to Show Cause Re Consolidation of Actions) (Richey, Carrie)
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Filing 45
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation #44 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Other Filings - Stipulations. 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. (iv)
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Filing 44
JOINT STIPULATION TO ENTER SCHEDULING ORDER filed by Plaintiff Pharmavite LLC (Attachments: #1 Proposed Order)(Richey, Carrie)
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Filing 43
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: CONSOLIDATION OF ACTIONS by Judge Fernando M. Olguin. No later than October 18, 2021, the parties shall file either a stipulation or response, not to exceed five pages, to show cause why the Pharmavite and Netbus actions should not be consolidated. (iv)
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Filing 42
TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY
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Filing 41
RESPONSE filed by Pro Hac Vice attorney Craig N. Killen on behalf of Defendant Netbus 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. (lt)
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Filing 40
RESPONSE filed by Pro Hac Vice attorney Chadwick S Devlin on behalf of Defendant Netbus 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. (lt)
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Filing 39
Notice of Appearance or Withdrawal of Counsel: for attorney Peter B Bromaghim counsel for Plaintiff Pharmavite LLC. Adding Peter Bromaghim as counsel of record for Pharmavite LLC, a California limited liability company for the reason indicated in the G-123 Notice. Filed by Plaintiff Pharmavite LLC. (Bromaghim, Peter)
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Filing 38
RESPONSE filed by Pro Hac Vice attorney Catherine Farrell Wrenn on behalf of Plaintiff Pharmavite LLC. 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. (lt)
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Filing 37
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #29 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. 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. (ak)
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Filing 36
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Catherine Farrell Wrenn. 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. (lh)
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Filing 35
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Craig N. Killen. 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. (lh)
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Filing 34
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Chadwick S. Devlin. 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. (lh)
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Filing 29
NOTICE of Appearance by Peter Bromaghim (Lead Counsel) on behalf of Plaintiff Pharmavite LLC filed by Plaintiff Pharmavite LLC. (Richey, Carrie)
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Filing 28
Notice of Appearance or Withdrawal of Counsel: for attorney Carrie J Richey counsel for Plaintiff Pharmavite LLC. Adding Carrie Richey as counsel of record for Pharmavite LLC, a California limited liability company for the reason indicated in the G-123 Notice. Filed by Plaintiff Pharmavite LLC. (Attorney Carrie J Richey added to party Pharmavite LLC(pty:pla))(Richey, Carrie)
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Filing 27
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:21-cv-01105 FMO(SKx). Case transferred from Judge Percy Anderson and Magistrate Judge John E. McDermott to Judge Fernando M. Olguin and Magistrate Judge Steve Kim for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-07400 FMO(SKx). Signed by Judge Fernando M. Olguin (rn)
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Filing 33
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh)
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Filing 32
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
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Filing 31
NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge John E. McDermott. (lh)
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Filing 30
NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 0:21-cv-00361-JMC, from U.S. District Court District of South Carolina (Rock Hill). The above-referenced case has been transferred to this district and assigned the above civil case number 2:21-cv-07400 PA (JEMx). (lh)
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Filing 26
ORIGINAL file, certified copy of transfer order and docket sheet received from South Carolina
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Filing 24
ORDER AND OPINION The court hereby GRANTS Defendant Netbus Inc.'s Motion to Transfer Venue #8 and TRANSFERS the matter to the United States District Court for the Central District of California pursuant to 28 U.S.C. 1404(a). The court DENIES Netbus' Motion to Dismiss (id.) but DECLINES to rule on the remaining pending Motion for Preliminary Injunction #7 in this case and leaves resolution of this Motion for the transferee court. Signed by Honorable J Michelle Childs on 9/15/2021.(asni, ) [Transferred from South Carolina on 9/16/2021.]
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Filing 23
SUPPLEMENT by Pharmavite LLC to #8 MOTION to Dismiss for Improper Venue, #22 Supplement (Response to Defendants Supplement to Motion to Dismiss for Improper Venue, Or Alternatively, to Transfer Under 28 USC 1404(A) Or 1406(A)). (Wrenn, Catherine) [Transferred from South Carolina on 9/16/2021.]
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Filing 22
SUPPLEMENT by Netbus Inc to #8 MOTION to Dismiss for Improper Venue . (Attachments: #1 Exhibit A -- Second Supplemental Declaration of Kartik Chandrasekaran)(Devlin, Chadwick) [Transferred from South Carolina on 9/16/2021.]
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Filing 21
TEXT ORDER: This matter is before the court pursuant to Defendant Netbus Inc.'s Motion to Stay Plaintiff's Motion for Preliminary Injunction. (ECF No. 10.) Defendant asks the court to stay consideration of Plaintiffs Motion until it rules on Defendant's pending Motion to Dismiss for Improper Venue, or Alternatively, to Transfer in order to promote judicial economy. (ECF No. 10 at 6 (referencing ECF No. 8).) Defendant further believes that Plaintiff's Motion (ECF No. 7) "seeks an extraordinary and serious remedy" and "will become moot" if the court transfers venue. Plaintiff filed a response to the Motion to Stay stating that it should be denied because Defendant's Motion to Dismiss is meritless, and a stay would be highly prejudicial to Plaintiff. (ECF No. 17 at 8-9.) When considering a motion to stay, the district court should consider three factors: "(1) the interests of judicial economy; (2) hardship and equity to the moving party if the action is not stayed; and (3) potential prejudice to the non-moving party." Johnson v. DePuy Orthopaedics, Inc., No. 3:12-cv-2274, 2012 WL 4538642, at *2 (D.S.C. Oct. 1, 2012) (granting stay pending a transfer of the case to MDL (citation omitted)). In view of these factors, the court is persuaded that a limited stay is warranted in this matter. In this regard, after considering the parties respective arguments, the court is persuaded that allowing some time for it to address the pending Motion to Dismiss will serve the interests of judicial economy. E.g., In re Modafinil Antitrust Litig., 837 F.3d 238, 268 (3d Cir. 2016) ("'Judicial economy' means '[e]fficiency in the operation of the courts and the judicial system; esp[ecially ], the efficient management of litigation so as to minimize duplication of effort and to avoid wasting the judiciarys time and resources.'" (citation omitted)). The court further finds that because it has the decision-making power to ensure that the delay in the case will be minimal, any such delay will not constitute prejudice to Plaintiff. Additionally, under the circumstances, the court finds that Plaintiff's Motion failed to contain an affirmation that it consulted or attempted to consult with Defendant prior to filing the Motion for a Preliminary Injunction as required by Local Civil Rule 7.02. Therefore, the court finds it appropriate to grant the instant Motion to Stay. The court will rule first on Defendant's Motion to Dismiss or Transfer, and if that Motion is denied, the court will then consider Plaintiff's Motion for Preliminary Injunction. Accordingly, the court GRANTS Defendant's Motion to Stay Plaintiff's Motion for Preliminary Injunction (ECF No. #10 ) and stays all deadlines until after the court rules on Defendant's pending Motion to Dismiss for Improper Venue, or Alternatively, to Transfer (ECF No. 8). Signed by Honorable J Michelle Childs on 7/19/2021.(asni, ) ). [Transferred from South Carolina on 9/16/2021.]
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Filing 20
REPLY to Response to Motion re #10 MOTION to Stay re #7 MOTION for Preliminary Injunction Response filed by Netbus Inc. (Attachments: #1 Exhibit A -- Kamran Fattahi Declaration)(Devlin, Chadwick) [Transferred from South Carolina on 9/16/2021.]
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Filing 19
REPLY to Response to Motion re #7 MOTION for Preliminary Injunction Response filed by Pharmavite LLC. (Wrenn, Catherine) [Transferred from South Carolina on 9/16/2021.]
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Filing 18
REPLY to Response to Motion re #8 MOTION to Dismiss for Improper Venue Response filed by Netbus Inc. (Attachments: #1 Exhibit A -- Supplemental Declaration of Kartik Chandrasekaran, #2 Exhibit B -- LinkedIn Profiles for Pharmavite and Leadership, #3 Exhibit C -- Pharmavite PACER Results)(Devlin, Chadwick) [Transferred from South Carolina on 9/16/2021.]
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Filing 17
RESPONSE in Opposition re #10 MOTION to Stay re #7 MOTION for Preliminary Injunction Response filed by Pharmavite LLC.Reply to Response to Motion due by 3/23/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Addendum Bromaghim Declaration in Support of Plaintiff's Response in Opposition to Defendant's Motion to Stay, #2 Exhibit A to Bromaghim Declaration - Domain Report, #3 Exhibit B to Bromaghim Declaration - Wayback-NatureMDcom)(Wrenn, Catherine) [Transferred from South Carolina on 9/16/2021.]
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Filing 16
Additional Attachments to Main Document #14 Response in Opposition to Motion,. First attachment description: Attachment B to Memo of Opp -- Kartik Chandrasekaran Declaration . (Devlin, Chadwick) [Transferred from South Carolina on 9/16/2021.]
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Filing 15
Additional Attachments to Main Document #14 Response in Opposition to Motion,. First attachment description: Attachment A to Memo of Opposition -- Kamran Fattahi Declaration . (Attachments: #1 Exhibit A to Fattahi Declaration -- Cent Dist of Cali Docket Report, #2 Exhibit B to Fattahi Declaration -- Cent Dist of Cali Complaint and Exhibits, #3 Exhibit C to Fattahi Declaration -- NatureMD.com Webpages, #4 Exhibit D to Fattahi Declaration -- NatureM.D. Product Packaging, #5 Exhibit E to Fattahi Declaration -- TESS Records -- Merriam-Webster Definition, #6 Exhibit F to Fattahi Declaration -- NATURE Variations, #7 Exhibit G to Fattahi Declaration -- TESS Records -- MADE, #8 Exhibit H to Fattahi Declaration -- Third-Party Use of Marks (Part I), #9 Exhibit H to Fattahi Declaration -- Third-Party Use of Marks (Part II), #10 Exhibit I to Fattahi Declaration -- TESS Records -- NaturalMed, #11 Exhibit J to Fattahi Declaration -- TESS Records -- MADE BY NATURE, BACKED BY SCIENCE, #12 Exhibit K to Fattahi Declaration -- Third-Party Photographs, #13 Exhibit K to Fattahi Declaration -- Third-Party Claims Regarding Pharmavite, #14 Exhibit M to Fattahi Declaration -- Instagram -- NatureM.D. Products, #15 Exhibit N to Fattahi Declaration -- Facebook -- NatureM.D. Products (Part I), #16 Exhibit N to Fattahi Declaration -- Facebook -- NatureM.D. Products (Part II), #17 Exhibit O to Fattahi Declaration -- About Dr. Pedre Webpage, #18 Exhibit P to Fattahi Declaration -- Our Pursuit Webpage, #19 Exhibit Q to Fattahi Declaration -- FAQ)(Devlin, Chadwick) [Transferred from South Carolina on 9/16/2021.]
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Filing 14
RESPONSE in Opposition re #7 MOTION for Preliminary Injunction Response filed by Netbus Inc.Reply to Response to Motion due by 3/19/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Devlin, Chadwick) additional attachments #15 , #16 added on 3/13/2021 (asni, ). [Transferred from South Carolina on 9/16/2021.]
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Filing 13
RESPONSE in Opposition re #8 MOTION to Dismiss for Improper Venue Response filed by Pharmavite LLC.Reply to Response to Motion due by 3/19/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents Declaration of Peter Bromaghim, #2 Exhibit A - to Declaration of Peter Bromaghim - NATURE MD - Contact Shot 2, #3 Exhibit B - to Declaration of Peter Bromaghim - 113025 - NatureMD - 5 Contact shot 1, #4 Exhibit C - to Declaration of Peter Bromaghim - 113025 - NatureMD - 3 label, #5 Exhibit D- to Declaration of Peter Bromaghim - GutConnect 365 and checkout, #6 Exhibit E -to Declaration of Peter Bromaghim - Ebay Product, #7 Exhibit F - to Declaration of Peter Bromaghim - NatureMD BBB Profile, #8 Exhibit G - to Declaration of Peter Bromaghim -UNITED NATURALS, #9 Exhibit H -to Declaration of Peter Bromaghim - Netbus dba United Naturals priv policy, #10 Exhibit I - to Declaration of Peter Bromaghim - Email - IPDPowerPoint, #11 Exhibit J - to Declaration of Peter Bromaghim - IPD Forms, #12 Exhibit K - to Declaration of Peter Bromaghim - 2020-05-07 TM Application, #13 Exhibit L -to Declaration of Peter Bromaghim - Netbus TM registrations (examples), #14 Exhibit M - to Declaration of Peter Bromaghim - 14 Cody Low LinkedIn, #15 Exhibit N -to Declaration of Peter Bromaghim - Cody Low Address SEC FORM D-1, #16 Exhibit O -to Declaration of Peter Bromaghim - LinkedIn- Douglas Lauer, #17 Exhibit P -to Declaration of Peter Bromaghim - Cal SOS Business Search - Netbus, #18 Exhibit Q - to Declaration of Peter Bromaghim - Netbus, Inc. Company Report, #19 Exhibit R - to Declaration of Peter Bromaghim - UPS Store No. 4838, #20 Exhibit S - to Declaration of Peter Bromaghim - NatureMD FAQ, #21 Exhibit T - to Declaration of Peter Bromaghim - Google Maps Satellite View - UPS Store, #22 Exhibit U - to Declaration of Peter Bromaghim - Kartik Chandrasekaran background report)(Wrenn, Catherine) [Transferred from South Carolina on 9/16/2021.]
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Filing 12
TEXT ORDER granting #11 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 3/4/2021.(asni, ) [Transferred from South Carolina on 9/16/2021.]
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Filing 11
MOTION to Appear Pro Hac Vice by Kamran Fattahi ( Filing fee $ 350 receipt number 0420-9686317) by Netbus Inc. Response to Motion due by 3/17/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A-Application and Affidavit for Pro Hac Admission, #2 Exhibit B-Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Devlin, Chadwick) [Transferred from South Carolina on 9/16/2021.]
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Filing 10
MOTION to Stay re #7 MOTION for Preliminary Injunction by Netbus Inc. Response to Motion due by 3/16/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A-Netbus' Interrogatory Responses, #2 Exhibit B-Netbus' Responses to Requests for Admission)No proposed order.(Devlin, Chadwick) [Transferred from South Carolina on 9/16/2021.]
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Filing 9
NOTICE of Appearance by Craig N Killen on behalf of Netbus Inc (Killen, Craig) [Transferred from South Carolina on 9/16/2021.]
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Filing 8
MOTION to Dismiss for Improper Venue by Netbus Inc. Response to Motion due by 3/12/2021. See doc #22 for additional attachment, (Attachments: #1 Exhibit A - Central District of California Complaint and Exhibits, #2 Exhibit B - Chandrasekaran Declaration)No proposed order.(Devlin, Chadwick) Modified on 8/19/2021 (kbos). supplement #23 added on 9/2/2021 (asni, ). [Transferred from South Carolina on 9/16/2021.]
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Filing 7
MOTION for Preliminary Injunction by Pharmavite LLC. Response to Motion due by 3/9/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A - Hoffman Declaration, #3 Exhibit A-1 - Brand Survey 2020, #4 Exhibit B - Kim Declaration, #5 Exhibit B-1 - TESS Search Results, #6 Exhibit B-2 - Google Search Results, #7 Exhibit B-3 - Best of Articles, #8 Exhibit B-4 - InMarket Case Study, #9 Exhibit B-5 - Hello Kato Article, #10 Exhibit B-6 - NYT Article, #11 Exhibit B-7 - Feed the Children Press Release, #12 Exhibit B-8 - PHV Press Release, #13 Exhibit B-9 - PHV Press Release, #14 Exhibit B-10 - Defendant First Use, #15 Exhibit B-11 - Defendant BBB Profile, #16 Exhibit B-12 - United Naturals, #17 Exhibit B-13 - Defendant FB Ad Library, #18 Exhibit B-14 - Parties Respective Goods, #19 Exhibit B-15 - Parties Twitter, #20 Exhibit B-16 - Parties Instagram, #21 Exhibit B-17 - Parties IG Post, #22 Exhibit B-18 - Plaintiff BBB Profile)No proposed order.(Wrenn, Catherine) [Transferred from South Carolina on 9/16/2021.]
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Filing 6
SUMMONS Returned Executed by Pharmavite LLC. Netbus Inc served on 2/9/2021, answer due 3/2/2021. (Attachments: #1 Exhibit 1 Affidavit of Service) refiled by the clerk to correct event type. (asni, ) [Transferred from South Carolina on 9/16/2021.]
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Filing 5
Summons Issued as to Netbus Inc. (asni, ) [Transferred from South Carolina on 9/16/2021.]
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Filing 4
Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark. (asni, ) [Transferred from South Carolina on 9/16/2021.]
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Filing 2
Local Rule 26.01 Answers to Interrogatories by Pharmavite LLC.(asni, ) [Transferred from South Carolina on 9/16/2021.]
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Filing 1
COMPLAINT against Netbus Inc ( Filing fee $ 402 receipt number 0420-9631839.), filed by Pharmavite LLC. Service due by 5/5/2021 (Attachments: #1 Exhibit A - Netbus Application, #2 Exhibit B - Netbus Website, #3 Exhibit C - Plaintiff Registrations, #4 Exhibit D - Notice of Opposition, #5 Exhibit E - Responses to Interrogatories, #6 Exhibit F - Responses to RFA, #7 Appendix Verification)(asni, ) [Transferred from South Carolina on 9/16/2021.]
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