Postal Instant Press, Inc. v. James E Brumley, Jr. et al
| Postal Instant Press, Inc. |
| James E Brumley, Jr., Judith Brumley, Jimmy Brumley, Judy Brumley, JB II Printing LLC and Does 1 through 5, inclusive |
| 2:2022cv08235 |
| November 10, 2022 |
| US District Court for the Central District of California |
| Karen L Stevenson |
| Otis D Wright |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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| Filing 39 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing). (lc) |
Filing 38
ORDER OF DISMISSAL WITH PREJUDICE by Judge Otis D. Wright, II: The Court, having considered the parties' Joint Stipulation for Dismissal Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure #37 , hereby dismisses with prejudice the above-entitled action. Each party shall bear its own costsand attorneys' fees. The Court VACATES all dates and deadlines. The Clerk of the Court shall close the case. (Made JS-6. Case Terminated.) (lc)
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| Filing 37 First STIPULATION to Dismiss Case pursuant to Fed. R. Civ. Pro 41(a)(2) and for the Court to retain jurisdiction to enforce the Stipulated Permanent Injunction and the terms of the Parties' Settlement Agreement filed by Plaintiff Postal Instant Press, Inc.. (Attachments: #1 Proposed Order)(Ghilezan, Rares) |
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Filing 36
ORDER GRANTING STIPULATION RE: PERMANENT INJUNCTION by Judge Otis D. Wright, II : Defendants James E. Brumley, Jr., Judith Brumley, and JB II PrintingLLC are permanently enjoined from using registered trademarks of Plaintiff Postal Instant Press. All deadlines in the case shall be suspended for fourteen (14) days, within which time Plaintiff shall file appropriate papers to dismiss the case. This stipulated Permanent Injunction shall become effective immediately upon the entry of this Order. (SEE DOCUMENT FOR SPECIFICS). (lc)
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| Filing 35 NOTICE of Change of Attorney Business or Contact Information: for attorney R. Michael Ghilezan counsel for Plaintiff Postal Instant Press, Inc.. Changing Address AND Firm Name to The Ghilezan Law Firm, 1801 Century Park East, Suite 2400, Los Angeles, CA 90067. Changing e-mail and fax number to michael@ghilezanlaw.com; (310) 496-2872. Filed by Plaintiff Postal Instant Press, Inc.. (Ghilezan, R.) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE:, Notice of Lodging #31 . Miscellaneous Document #33 , Miscellaneous Document #32 The following error(s) was/were found: Incorrect document is attached to the docket entry re 31. Incorrect event selected. Correct event to be used is: Proof of Service Subsequent Documents re no. 32, 33. Incorrect G-92 form attached re Manual or Lodging of documents that cannot be e-filed and taken to Intake Section. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process re no. 32 and 33. 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. (lc) |
| Filing 33 CERTIFICATE OF SERVICE RE: NOTICE OF LODGING filed by Plaintiff Postal Instant Press, Inc. re: Notice of Lodging #31 (Ghilezan, R.) |
| Filing 32 CERTIFICATE OF SERVICE FOR STIPULATION RE: PERMANENT INJUNCTION filed by Plaintiff Postal Instant Press, Inc. re: Stipulation for Permanent Injunction #30 (Ghilezan, R.) |
| Filing 31 NOTICE OF LODGING filed re Stipulation for Permanent Injunction #30 (Attachments: #1 Proposed Order [PROPOSED] ORDER ON STIPULATION RE: PERMANENT INJUNCTION)(Ghilezan, R.) |
| Filing 30 STIPULATION for Permanent Injunction as to Permanent Injunction filed by Plaintiff Postal Instant Press, Inc..(Ghilezan, R.) |
| Filing 29 Notice of Appearance or Withdrawal of Counsel: for attorney James Jacob Finsten counsel for Defendants Judith Brumley, James E Brumley, Jr., JB II Printing LLC. Adding James J. Finsten as counsel of record for Defendants JB II Printing LLC, James E. Brumley Jr. and Judith Brumley for the reason indicated in the G-123 Notice. Filed by Defendants JB II Printing LLC, James E. Brumley Jr. and Judith Brumley. (Attorney James Jacob Finsten added to party Judith Brumley(pty:dft), Attorney James Jacob Finsten added to party James E Brumley, Jr.(pty:dft), Attorney James Jacob Finsten added to party JB II Printing LLC(pty:dft))(Finsten, James) |
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Filing 28
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:On December 2, 2022, the parties filed a Stipulation, (Stip., ECF No. 26), indicating that the case has settled in its entirety. Accordingly, this action is placed on inactive status and the hearing on the Court's Order to Show Cause Re: Why Preliminary Injunction Should Not Be Issued is VACATED and taken off calendar. In light of the Stipulation, the Court finds good cause to extend the existing temporary injunction as to Defendants James E. Brumley, Jr. and Judith Brumley a further 14 days. (Order Granting Stip. Temporary Inj., ECF No. 24.) In addition, the Court finds the Stipulation provides good cause to enjoin the Brumleys from using the following website domains for 14 days: piptriad.com, ipgreensboro.com, pipburlington.com, pipsignsbanners.com, piptriadpromotions.com, and piptotalmarketing.com. By December 20, 2022, PIP and the Brumleys shall file a dismissal that complies with Federal Rule of Civil Procedure 41. Failure to timely comply with this order may result in the dismissal of this action as to the Brumleys. As to Defendant JB II Printing LLC, the Court cannot accept the Stipulation for a permanent injunction absent legal counsel for JB II Printing.Although James E. Brumley, Jr. signed the Stipulation on behalf of JB II Printing, Mr. Brumley has not provided a state bar number and does not appear to be an attorney. Although a non-attorney "may appear in propria persona in his own behalf, that privilege is personal to him." Further, a business entity cannot represent itself pro se in federal court. Accordingly, the Court ORDERS JB II Printing to retain legal counsel to represent it in this matter and to cause a status report to be filed in this matter by December 20, 2022 addressing its efforts to do so. (lc)
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| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Stipulation for Permanent Injunction #26 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Proposed document was not submitted or was not submitted as a separate attachment. the proposed order efiled within the stipulation as one pdf image, instead of being formally prepared with its own title page and submitted as a Separate attachment thereto. 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. (lc) |
| Filing 26 STIPULATION for Permanent Injunction as to Defendants James E. Brumley, Judith Brumley, and JB II Printing, LLC filed by Plaintiff Postal Instant Press, Inc..(Ghilezan, R.) |
| Filing 25 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Postal Instant Press, Inc.. (Ghilezan, R.) |
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Filing 24
ORDER GRANTING PARTIES' STIPULATION RE: TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION by Judge Otis D. Wright, II, re Stipulation for Preliminary Injunction #23 , IT IS HEREBY ORDERED that: The Court SETS a hearing on PIP's Application for OSC on December 19, 2022, at 1:30 p.m. The Brumleys' Opposition to PIP's Application for OSC is due no later than December 5, 2022. PIP shall not file a reply. Pursuant to the parties' agreement, and for purposes of this stipulated temporary injunction only, PIP is not required to post a bond. [See Order for further details.] (es)
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| Filing 23 Corrected STIPULATION for Preliminary Injunction as to Joint Stipulation re Temporary Restraining Order filed by Plaintiff Postal Instant Press, Inc..(Ghilezan, R.) |
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Filing 22
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation for Preliminary Injunction #18 , for the following reasons: Local Rule 5-4.3.4 requires hand-signed signatures for signatories who are not registered CM/ ECF filers. (lom)
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| Filing 21 PROOF OF SERVICE Executed by Plaintiff Postal Instant Press, Inc., upon Defendant Judith Brumley served on 11/15/2022, answer due 12/6/2022. Service of the Summons and Complaint were executed upon individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Ghilezan, R.) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff Postal Instant Press, Inc., upon Defendant JB II Printing LLC served on 11/15/2022, answer due 12/6/2022. Service of the Summons and Complaint were executed upon Chris Reneau - General Manager in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Ghilezan, R.) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Postal Instant Press, Inc., upon Defendant James E Brumley, Jr. served on 11/15/2022, answer due 12/6/2022. Service of the Summons and Complaint were executed upon 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. (Ghilezan, R.) |
| Filing 18 STRICKEN, see docket entry no. 22 - STIPULATION for Preliminary Injunction as to Joint Stipulation re Temporary Restraining Order filed by Plaintiff Postal Instant Press, Inc..(Ghilezan, R.) Modified on 11/18/2022 (lom). |
| Filing 17 EX PARTE APPLICATION for Temporary Restraining Order as to Defendants' Infringing on Plaintiff's Federally Registered Trademarks filed by Plaintiff Postal Instant Press, Inc.. Ex Parte Application set for hearing on 11/18/2022 at 08:30 AM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Richard Lowe in Support, #3 Declaration of Edward Mendoza in Support) (Ghilezan, R.) |
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Filing 16
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II. This action has been assigned to the calendar of Judge Otis D. Wright II. ***EFFECTIVE IMMEDIATELY- No mandatory chambers copies required, EXCEPT FOR MSJs*** Counsel are STRONGLY encouraged to review the Central Districts website for additional information. The address is http://www.cacd.uscourts.gov. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 15 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Judith Brumley, James E Brumley, Jr., JB II Printing LLC. (Attachments: #1 Summons Issued- Judith Brumley, #2 Summons Issued- JB II Printing)(rolm) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Postal Instant Press, Inc.. (Ghilezan, R.) |
| Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Postal Instant Press, Inc.. (Ghilezan, R.) |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Postal Instant Press, Inc.. (Ghilezan, R.) |
| Filing 11 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (car) |
| Filing 10 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 , Summons Request #2 , Summons Request #3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Karen L. Stevenson. (car) |
| Filing 6 NOTICE of Interested Parties filed by Plaintiff POSTAL INSTANT PRESS, INC., identifying Postal Instant Press, Inc., JB II Printing LLC. (Ghilezan, R.) |
| Filing 5 CIVIL COVER SHEET filed by Plaintiff POSTAL INSTANT PRESS, INC.. (Ghilezan, R.) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff POSTAL INSTANT PRESS, INC.. (Ghilezan, R.) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff POSTAL INSTANT PRESS, INC.. (Ghilezan, R.) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff POSTAL INSTANT PRESS, INC.. (Ghilezan, R.) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34311066 - Fee: $402, filed by Plaintiff POSTAL INSTANT PRESS, INC.. (Attorney R. Michael Ghilezan added to party POSTAL INSTANT PRESS, INC.(pty:pla))(Ghilezan, R.) |
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