GIP Development SARL v. Shaghal LTD.
| GIP Development SARL |
| Shaghal LTD. |
| 2:2022cv06573 |
| September 14, 2022 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| John F Walter |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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Filing 47
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 10/6/2023 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 10/13/2023 at 8:00 AM. Jury Trial set for 10/24/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 46
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on November 14, 2022 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: March 27, 2023. The Joint Report re: Results of Settlement Conference due on: March 31, 2023. (iv)
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| Filing 45 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff GIP Development SARL.. (Potter, Robert) |
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Filing 44
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANTS' MOTION TO ENFORCE FORUM-SELECTION CLAUSE AND DISMISS FIRST AMENDED COMPLAINT UNDER THE DOCTRINE OF FORUM NON CONVENIENS [filed 10/4/22; Docket Nos. #27 and #34 ]; and ORDER TAKING UNDER SUBMISSION PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION [filed 10/3/22; Docket No. #31 ] by Judge John F. Walter. The Court finds that these matters are appropriate for decision without oral argument. The hearing calendared for October 31, 2022 is hereby vacated and the matters are taken off calendar. The matters will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
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| Filing 43 NOTICE OF LODGING filed for [Proposed] Statement of Decision re NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement and Counterfeiting #31 (Attachments: #1 Proposed Order)(Chaney, Marcus) |
| Filing 42 NOTICE OF LODGING filed for [Proposed] Statement of Decision re NOTICE OF MOTION AND MOTION to Enforce Forum-Selection Clause and Dismiss Complaint under the Doctrine of Forum Non Conveniens #27 , Amendment (Motion related) #34 (Attachments: #1 Proposed Order)(Chaney, Marcus) |
| Filing 41 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement and Counterfeiting #31 (Attachments: #1 Proposed Statement of Decision Granting Motionfor Preliminary Injunction)(Potter, Robert) |
| Filing 40 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Enforce Forum-Selection Clause and Dismiss Complaint under the Doctrine of Forum Non Conveniens #27 (Attachments: #1 Proposed Statement of Decision Denying Motion to Dismiss)(Potter, Robert) |
| Filing 39 REPLY in support NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement and Counterfeiting #31 filed by Plaintiff GIP Development SARL. (Attachments: #1 Response to Evidentiary Objections, #2 Declaration of R. Potter ISO of Reply Memorandum, #3 Exhibit A - 08.10.2022 Correspondence from Lieberstein to Pham, #4 Exhibit B - 10.17.2022 GIPD Website)(Potter, Robert) |
| Filing 38 REPLY MEMORANDUM in support of NOTICE OF MOTION AND MOTION to Enforce Forum-Selection Clause and Dismiss Complaint under the Doctrine of Forum Non Conveniens #27 filed by Defendant Shaghal LTD.. (Pham, Christopher) |
| Filing 37 EVIDENTIARY OBJECTIONS TO THE DECLARATIONS OF KAMYAR MAROUNI AND ANDRZEJ CEBRAT In Opposition re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement and Counterfeiting #31 filed by Defendant Shaghal LTD.. (Pham, Christopher) |
| Filing 36 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement and Counterfeiting #31 filed by Defendant Shaghal LTD.. (Attachments: #1 Declaration Christopher Q. Pham, #2 Declaration Asi Rayan)(Pham, Christopher) |
| Filing 35 OPPOSITION re: NOTICE OF MOTION AND MOTION to Enforce Forum-Selection Clause and Dismiss Complaint under the Doctrine of Forum Non Conveniens #27 filed by Plaintiff GIP Development SARL. (Potter, Robert) |
| Filing 34 Amendment to NOTICE OF MOTION AND MOTION to Enforce Forum-Selection Clause and Dismiss Complaint under the Doctrine of Forum Non Conveniens #27 filed by Defendant Shaghal LTD.. (Pham, Christopher) |
| Filing 33 NOTICE of Interested Parties filed by Defendant Shaghal LTD., (Pham, Christopher) |
| Filing 32 Text Entry Order re: Deficiency in Electronically Filed Documents (G-112A) - optional html form, #28 - Notice of interested parties is a mandatory filing. Counsel shall file immediately to avoid further action by the Court. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 31 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement and Counterfeiting filed by plaintiff GIP Development SARL. Motion set for hearing on 10/31/2022 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities ISO Motion for Preliminary Injunction, #2 Declaration of K. Marouni ISO Motion for Preliminary Injunction, #3 Declaration of A. Cebrat ISO Motion for Preliminary Injunction, #4 Exhibit A - Trademark Registrations, #5 Exhibit B - 05-31-2022 Termination Letter, #6 Exhibit C - Inventory Chart, #7 Exhibit D - 08-29-2022 Inovice, #8 Proposed Order) (Potter, Robert) |
| Filing 30 FIRST AMENDED COMPLAINT against Defendant Shaghal LTD. amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff GIP Development SARL (Attachments: #1 Exhibit A - Trademark Registrations, #2 Exhibit B - 5-31-2022 Termination letter, #3 Redlined First Amended Complaint)(Potter, Robert) |
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Filing 29
MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for November 14, 2022 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before October 31, 2022. (iv)
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| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion to Enforce #27 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. 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 27 NOTICE OF MOTION AND MOTION to Enforce Forum-Selection Clause and Dismiss Complaint under the Doctrine of Forum Non Conveniens filed by Defendant Shaghal LTD.. Motion set for hearing on 10/31/2022 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Asi Rayn, #3 Declaration of Christopher Q. Pham with Exhibit A, #4 Exhibit A (redacted version of 2016 License Agreement), #5 Proposed Order) (Pham, Christopher) |
| Filing 26 DECLARATION of Christopher Q. Pham re Text Only Scheduling Notice,,,, 18 and Local Rule 7-3 conference held in connection with Plaintiff GIP Development SARL's contemplated Motion for Preliminary Injunction filed by Defendant Shaghal LTD.. (Pham, Christopher) |
| Filing 25 STATEMENT (JOINT) regarding L.R. 7-3 discussion held in connection with Defendant Shaghal Ltd.'s contemplated motion to dismiss Plaintiff GIP Development SARL's complaint filed by Defendant Shaghal LTD. re: Order, #14 . (Pham, Christopher) |
| Filing 24 DECLARATION of Robert Potter Regarding Local Rule 7-3 Conference filed by Plaintiff GIP Development SARL. (Zimmermann, Kollin) |
| Filing 23 DECLARATION of Robert Potter re Order, #14 (Lead Counsl) filed by Plaintiff GIP Development SARL. (Zimmermann, Kollin) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff GIP Development SARL, upon Defendant Shaghal LTD. served on 9/16/2022, answer due 10/7/2022. Service of the Summons and Complaint were executed upon Receptionist in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Zimmermann, Kollin) |
| Filing 21 DECLARATION of Christopher Q. Pham re Order, #14 Lead Trial Counsel for Defendant Shaghal Ltd. filed by Defendant Shaghal LTD.. (Pham, Christopher) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Marcus F. Chaney counsel for Defendant Shaghal LTD.. Adding Marcus F. Chaney as counsel of record for Shaghal Ltd. for the reason indicated in the G-123 Notice. Filed by Defendant Shaghal Ltd.. (Attorney Marcus F. Chaney added to party Shaghal LTD.(pty:dft))(Chaney, Marcus) |
| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Q Pham counsel for Defendant Shaghal LTD.. Adding Christopher Q Pham as counsel of record for SHAGHAL LTD. for the reason indicated in the G-123 Notice. Filed by Defendant SHAGHAL LTD.. (Attorney Christopher Q Pham added to party Shaghal LTD.(pty:dft))(Pham, Christopher) |
| Filing 18 Text Entry Order: Plaintiffs Motion for Preliminary Injunction filed on September 16, 2022 (Docket No. 17) is STRICKEN for failure to comply with the Courts Standing Order which provides in paragraph 5(b), Notwithstanding the exemption for preliminary injunction motions in Local Rule 7-3, counsel contemplating filing a preliminary injunction motion shall comply with Local Rule 7-3 and meet and confer in person at least five days prior to the filing of such a motion. If Plaintiff wishes to re-file the Motion, counsel shall meet and confer in person by September 26, 2022. If the parties cannot resolve the issues raised in the Motion, within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a Motion remains necessary, it shall not be filed until 2 days after each party files the declaration required by this Order.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 17 *Stricken* NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement and Counterfeiting filed by plaintiff GIP Development SARL. Motion set for hearing on 10/17/2022 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities ISO Preliminary Injunction, #2 Declaration of Kamyar Marouni ISO Preliminary Injunction, #3 Declaration of Andrzej Cebrat ISO Preliminary Injunction, #4 Exhibit A to Cebrat Declaration - Certificates of Registration, #5 Exhibit B to Cebrat Declaration - Inventory Chart of Shaghal Products, #6 Exhibit C to Cebrat Declaration - August 29, 2022 Invoice, #7 Proposed Order, #8 Proof of Service) (Zimmermann, Kollin) Modified on 9/19/2022 (sr). |
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Filing 16
ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Robert Potter to Appear Pro Hac Vice on behalf of Plaintiff GIP Development SARL, designating Kollin Zimmermann as local counsel #7 . (iv)
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Filing 15
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John F. Walter. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff GIP Development SARL, designating Kollin J. Zimmermann as local counsel. granting #6 Non-Resident Attorney Briggs M Wright (rolm)
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Filing 14
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. Both the Court and counsel bear responsibility for the progress of litigation in Federal Court. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 13 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Briggs M Wright 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 Robert Potter 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 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Shaghal LTD. (ghap) |
| Filing 10 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Jean P. Rosenbluth. (ghap) |
| Filing 7 APPLICATION of Non-Resident Attorney Robert Potter to Appear Pro Hac Vice on behalf of Plaintiff GIP Development SARL (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33983095) filed by plaintiff GIP Development SARL. (Attachments: #1 Proposed Order) (Zimmermann, Kollin) |
| Filing 6 APPLICATION of Non-Resident Attorney Briggs M. Wright to Appear Pro Hac Vice on behalf of Plaintiff GIP Development SARL (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33983026) filed by plaintiff GIP Development SARL. (Attachments: #1 Proposed Order) (Zimmermann, Kollin) |
| Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by GIP Development SARL. (Zimmermann, Kollin) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff GIP Development SARL, identifying GIP Development SARL; GIP Holding GmbH. (Zimmermann, Kollin) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff GIP Development SARL. (Zimmermann, Kollin) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff GIP Development SARL. (Zimmermann, Kollin) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33982609 - Fee: $402, filed by plaintiff GIP Development SARL. (Attachments: #1 Exhibit A) (Attorney Kollin J. Zimmermann added to party GIP Development SARL(pty:pla))(Zimmermann, Kollin) |
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| Plaintiff: GIP Development SARL | |
| Represented By: | Kollin J. Zimmermann |
| Represented By: | Briggs M Wright |
| Represented By: | Robert Potter |
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| Defendant: Shaghal LTD. | |
| Represented By: | Christopher Q Pham |
| Represented By: | Marcus F. Chaney |
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