Fashion Nova, LLC v. Blush Mark, Inc. et al
| FASHION NOVA, LLC, a California limited liability company and Fashion Nova, LLC |
| Blush Mark, Inc. and Blush Mark Outfitters, Inc. |
| 2:2022cv06127 |
| August 29, 2022 |
| US District Court for the Central District of California |
| Ronald SW Lew |
| Rozella A Oliver |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 33 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss the Second Claim of Relief for Copyright Management Violations from Plaintiff's Second Amended Complaint #30 filed by Plaintiff Fashion Nova, LLC. (Olsen, John) |
Filing 32
ORDER GRANTING STIPULATED CONTINUANCE OF MOTION TO DISMISS HEARING BY FOURTEEN DAYS by Judge Ronald S.W. Lew: The Court HEREBY GRANTS the parties' Stipulation #31 . Hearing on Defendants' Motion to Dismiss the Second Claim for Relief for Copyright Management Information Violations From Plaintiff's First Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6) #30 is continued to 5/30/2023 at 10:00 AM before Judge Ronald S.W. Lew. Plaintiff shall file its opposition to the Motion no later than 5/2/2023. Defendants shall file their reply in support of the Motion no later than 5/16/2023. (gk)
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| Filing 31 STIPULATION for Extension of Time to File Opposition to Second Motion to Dismiss and Reply to Opposition filed by plaintiff Fashion Nova, LLC. (Attachments: #1 Proposed Order Proposed Order Granting Continuance of Motion to Dismiss Hearing by 14 Days)(Olsen, John) |
| Filing 30 NOTICE OF MOTION AND MOTION to Dismiss the Second Claim of Relief for Copyright Management Violations from Plaintiff's Second Amended Complaint filed by defendants Blush Mark Outfitters, Inc., Blush Mark, Inc.. Motion set for hearing on 5/16/2023 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: #1 Declaration of Brian J. Beck, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order) (Beck, Brian) |
| Filing 29 Second AMENDED COMPLAINT against defendants Blush Mark Outfitters, Inc., Blush Mark, Inc. amending Amended Complaint/Petition, #9 , filed by plaintiff Fashion Nova, LLC (Attachments: #1 Exhibit Exhibit A to Second Amended Complaint, #2 Exhibit Exhibit B to Second Amended Complaint)(Olsen, John) |
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Filing 28
ORDER RE MOTION TO DISMISS by Judge Ronald S.W. Lew: The Court GRANTS Defendant's Motion to Dismiss #17 with leave to amend. See document for further details. (gk)
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| Filing 27 SCHEDULING NOTICE (IN CHAMBERS) by Judge Ronald S.W. Lew. The hearing on the NOTICE OF MOTION AND MOTION to Dismiss the Second Claim For Relief For Copyright Management Information Violations From Plaintiffs First Amended Complaint #17 , set for 1/31/2023, at 10:00 AM, is hereby vacated and taken OFF CALENDAR. The motion is suitable for decision without oral argument and stands SUBMITTED. No appearance necessary on 1/31/2023. Therefore, the STIPULATION for Leave to Allow Counsel to Appear by Zoom #26 is denied as moot. The Courts ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 26 STIPULATION for Leave to Allow Counsel to Appear by Zoom at the 1.31.23 Hearing on Defendant's Motion to Dismiss filed by plaintiff Fashion Nova, LLC. (Attachments: #1 Proposed Order Proposed Order Granting Leave to Appear at Hearing by Zoom)(Olsen, John) |
| Filing 25 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss TO DISMISS THE SECOND CLAIM FOR RELIEF FOR COPYRIGHT MANAGEMENT INFORMATION VIOLATIONS FROM PLAINTIFFS FIRST AMENDED COMPLAINT #17 filed by Defendants Blush Mark Outfitters, Inc., Blush Mark, Inc.. (Beck, Brian) |
| Filing 24 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss TO DISMISS THE SECOND CLAIM FOR RELIEF FOR COPYRIGHT MANAGEMENT INFORMATION VIOLATIONS FROM PLAINTIFFS FIRST AMENDED COMPLAINT #17 filed by Plaintiff Fashion Nova, LLC. (Attachments: #1 Declaration Olsen Declaration in Support of Opposition, #2 Exhibit Kirk Kara Complaint, #3 Exhibit O'Neal Complaint, #4 Exhibit Crowley Complaint, #5 Exhibit Copyright Registrations)(Olsen, John) |
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Filing 23
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE #22 by Judge Ronald S.W. Lew. APPLICATION to Appear Pro Hac Vice on behalf of Defendants Blush Mark, Inc. and Blush Mark Outfitters, Inc., designating Joshua M. Masur as local counsel. granting #22 Non-Resident Attorney Brian J. Beck (rolm)
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| Filing 22 APPLICATION of Non-Resident Attorney Brian J. Beck to Appear Pro Hac Vice on behalf of Defendants Blush Mark Outfitters, Inc., Blush Mark, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34501261) filed by defendants Blush Mark Outfitters, Inc., Blush Mark, Inc.. (Attachments: #1 Declaration of Joshua M. Masur in Support of Application, #2 Proposed Order) (Masur, Joshua) |
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Filing 21
ORDER GRANTING STIPULATE CONTINUANCE OF MOTION TO DISMISS HEARING BY TWENTY-ONE DAYS #20 by Judge Ronald S.W. Lew. The Court, having reviewed the parties Stipulation to Continue Motion to Dismiss Hearing Date By Twenty-One (21) days, HEREBY GRANTS the Application. January 31, 2023. at 10:00 a.m.: Hearing on Defendants Motion to Dismiss the Second Claim for Relief for Copyright Management Information Violations From Plaintiffs First Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (ECF 17). Plaintiff shall file its opposition to the Motion no later than January 5, 2023. Defendants shall file their reply in support of the Motion no later than January 17, 2023. IT IS SO ORDERED. (rolm)
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| Filing 20 STIPULATION for Extension of Time to File Opposition to Motion filed by plaintiff Fashion Nova, LLC. (Attachments: #1 Proposed Order Proposed Order granting request to continue hearing date 21 days and extend filing dates accordingly)(Olsen, John) |
| Filing 19 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Brian J. Beck. 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. (gk) |
| Filing 18 CERTIFICATE of Interested Parties filed by Defendants Blush Mark Outfitters, Inc., (Masur, Joshua) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss TO DISMISS THE SECOND CLAIM FOR RELIEF FOR COPYRIGHT MANAGEMENT INFORMATION VIOLATIONS FROM PLAINTIFFS FIRST AMENDED COMPLAINT filed by Defendant Blush Mark Outfitters, Inc.. Motion set for hearing on 1/10/2023 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: #1 Declaration, #2 Proposed Order) (Attorney Joshua M. Masur added to party Blush Mark Outfitters, Inc.(pty:dft)) (Masur, Joshua) |
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Filing 16
ORDER GRANTING EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Ronald S.W. Lew: The Court hereby GRANTS the request for additional time to respond to the First Amended Complaint #13 and ORDERS that Defendants Blush Mark Inc. and Blush Mark Outfitters Inc. shall have up to and including 12/12/2022 to file a response to the First Amended Complaint #9 . (gk)
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| Filing 15 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Stipulation Extending Time to Answer (30 days or less) #13 by Judge Ronald S.W. Lew. Proposed document to be submitted for Judicial Determination by 11/23/22.. (kmh) |
| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Stipulation Extending Time to Answer (30 days or less) #13 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. The First Amended Complaint was filed on 9/7/2022. Rule 8-3 does not apply to answers, replies or other responses to cross-claims, counterclaims, third-party complaints or any amended or supplemental pleadings. 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. (gk) |
| Filing 13 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening), #1 filed by PLAINTIFF Fashion Nova, LLC.(Olsen, John) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by plaintiff Fashion Nova, LLC. upon Blush Mark Outfitters, Inc. waiver sent by Plaintiff on 9/21/2022, answer due 11/21/2022. Waiver of Service signed by Brian Beck. (Olsen, John) |
| Filing 11 WAIVER OF SERVICE of Summons Returned Executed filed by plaintiff Fashion Nova, LLC. upon Blush Mark, Inc. waiver sent by Plaintiff on 9/21/2022, answer due 12/20/2022. Waiver of Service signed by Brian J. Beck. (Olsen, John) |
| Filing 10 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Fashion Nova, LLC. (Olsen, John) |
| Filing 9 First AMENDED COMPLAINT against defedants Blush Mark Outfitters, Inc., Blush Mark, Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by plaintiff Fashion Nova, LLC (Attachments: #1 Exhibit Exhibit A to First Amended Complaint)(Olsen, John) |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Blush Mark Outfitters, Inc., Blush Mark, Inc.. (sh) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Rozella A. Oliver. (sh) |
| Filing 4 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by FASHION NOVA, LLC, a California limited liability company. (Olsen, John) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff FASHION NOVA, LLC, a California limited liability company. (Olsen, John) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff FASHION NOVA, LLC, a California limited liability company identifying None as Corporate Parent. (Olsen, John) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33890052 - Fee: $402, filed by plaintiff FASHION NOVA, LLC, a California limited liability company. (Attachments: #1 Exhibit Ex. A to Complaint, #2 Civil Cover Sheet Civil Cover Sheet) (Attorney John F. Olsen added to party FASHION NOVA, LLC, a California limited liability company(pty:pla))(Olsen, John) |
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