Newrez LLC et al v. John Brosnan et al
| NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING, a Delaware limited liability company and NewRez LLC a Delaware limited liability company doing business as Shellpoint Mortgage Servicing |
| JOHN BROSNAN, an individual, SHELLPOINT MORTGAGE SERVICING, a California corporation (Infringing Entity 1), SHELLPOINT MORTGAGE SERVICING, LLC, a California limited liability company (Infringing Entity 2), DOES I through X, inclusive, ROE CORPORATIONS I through X, inclusive, John Brosnan, Shellpoint Mortgage Servicing, Shellpoint Mortgage Servicing, LLC and Roe Corporations |
| 2:2022cv08822 |
| December 5, 2022 |
| US District Court for the Central District of California |
| Maria A Audero |
| Michael W Fitzgerald |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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Filing 38
CERTIFICATE OF SERVICE filed by plaintiff NewRez LLC, re Preliminary Injunction,, #36 served on 01/31/2023. (Attachments: #1 Exhibit 1)(Winslow, Natalie)
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Filing 37
MINUTES (IN CHAMBERS) ORDER GRANTING PRELIMINARY INJUNCTION #23 by Judge Michael W. Fitzgerald. The Motion is GRANTED. (iv)
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Filing 36
PRELIMINARY INJUNCTION AGAINST DEFENDANTS JOHN BROSNAN, SHELLPOINT MORTGAGE SERVICING, AND SHELLPOINT MORTGAGE SERVICING, LLC by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED THAT Defendants John Brosnan, Shellpoint Mortgage Servicing, and Shellpoint Mortgage Servicing, LLC, as well as their officers, agents, servants, employees, attorneys, and all others in active concert or participation with them who receive actual notice of this Preliminary Injunction by personal service or otherwise. (iv)
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Filing 35
PROOF OF SERVICE filed by plaintiff NewRez LLC, re Clerks Entry of Default (CV-37) - optional html form #33 , Clerks Entry of Default (CV-37) - optional html form #34 , Clerks Entry of Default (CV-37) - optional html form #32 served on 01/25/2023. (Winslow, Natalie)
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Filing 34
DEFAULT BY CLERK F.R.Civ.P.55(a) as to Shellpoint Mortgage Servicing, a California Corporation (Infringing Entity 2). (iv)
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Filing 33
DEFAULT BY CLERK F.R.Civ.P.55(a) as to Shellpoint Mortgage Servicing, a California Corporation (Infringing Entity 1). (iv)
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Filing 32
DEFAULT BY CLERK F.R.Civ.P.55(a) as to John Brosnan. (iv)
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Filing 31
REQUEST for Clerk to Enter Default against Shellpoint Mortgage Servicing, a California Corporation (Infringing Entity 2) Shellpoint Mortgage Servicing, LLC filed by plaintiff NewRez LLC. (Winslow, Natalie)
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Filing 30
REQUEST for Clerk to Enter Default against Shellpoint Mortgage Servicing, a California Corporation (Infringing Entity 1) Shellpoint Mortgage Servicing filed by plaintiff NewRez LLC. (Winslow, Natalie)
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Filing 29
REQUEST for Clerk to Enter Default against Defendant John Brosnan John Brosnan filed by plaintiff NewRez LLC. (Winslow, Natalie)
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Filing 28
MINUTES OF MOTION FOR PRELIMINARY INJUNCTION #23 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. There are no appearances made by the defendants. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
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Filing 27
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion for Preliminary Injunction #23 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a 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 26
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Preliminary Injunction re from using or applying to register "Shellpoint Mortgage Servicing" as a mark, and from accepting any further service of process intended for NewRez #23 filed by Plaintiff NewRez LLC. (Winslow, Natalie)
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Filing 25
DECLARATION of Cheryl Rathke in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re from using or applying to register "Shellpoint Mortgage Servicing" as a mark, and from accepting any further service of process intended for NewRez #23 filed by Plaintiff NewRez LLC. (Winslow, Natalie)
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Filing 24
DECLARATION of ALEJANDRO P. PACHECO in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re from using or applying to register "Shellpoint Mortgage Servicing" as a mark, and from accepting any further service of process intended for NewRez #23 filed by Plaintiff NewRez LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Winslow, Natalie)
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Filing 23
NOTICE OF MOTION AND MOTION for Preliminary Injunction re from using or applying to register "Shellpoint Mortgage Servicing" as a mark, and from accepting any further service of process intended for NewRez filed by Plaintiff NewRez LLC. Motion set for hearing on 1/23/2023 at 10:00 AM before Judge Michael W. Fitzgerald. (Winslow, Natalie)
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Filing 22
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by NewRez LLC. (Pacheco, Alejandro)
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Filing 21
PROOF OF SERVICE Executed by Plaintiff NewRez LLC, upon Defendant Shellpoint Mortgage Servicing, LLC served on 12/9/2022, answer due 12/30/2022. Service of the Summons and Complaint were executed upon John Brosnan, Registered Agent, authorized to accept served under F.R.C.P. Rule 4 in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. Served: SHELLPOINT MORTGAGE SERVICING, LLC a California limited liability company (Infringing Entity 2) (Pacheco, Alejandro)
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Filing 20
PROOF OF SERVICE Executed by Plaintiff NewRez LLC, upon Defendant Service of the Summons and Complaint were executed upon Rochelle Thompson, Registered Agent, authorized to accept served under F.R.C.P. Rule 4 in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. Served: SHELLPOINT MORTGAGE SERVICING, a California corporation (Infringing Entity 1) (Pacheco, Alejandro)
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Filing 19
PROOF OF SERVICE Executed by Plaintiff NewRez LLC, upon Defendant Shellpoint Mortgage Servicing served on 12/9/2022, answer due 12/30/2022. Service of the Summons and Complaint were executed upon John Brosnan, Registered Agent, authorized to accept served under F.R.C.P. Rule 4 in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. Served: SHELLPOINT MORTGAGE SERVICING, a California corporation (Infringing Entity 1) (Pacheco, Alejandro)
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Filing 18
PROOF OF SERVICE Executed by Plaintiff NewRez LLC, upon Defendant John Brosnan served on 12/9/2022, answer due 12/30/2022. Service of the Summons and Complaint were executed upon Sounga Cho, Employee at Wilshire Shipping Center, authorized to accept served under F.R.C.P. Rule 4 in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Pacheco, Alejandro)
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Filing 17
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant John Brosnan, Shellpoint Mortgage Servicing, LLC. (iv)
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Filing 16
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant John Brosnan, Shellpoint Mortgage Servicing. (iv)
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Filing 15
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant John Brosnan. (iv)
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Filing 14
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff NewRez LLC. (Pacheco, Alejandro)
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Filing 13
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff NewRez LLC. (Pacheco, Alejandro)
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Filing 12
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff NewRez LLC. (Pacheco, Alejandro)
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Filing 11
NOTICE OF DEFICIENCIES in Request to Issue Summons. 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. (jtil)
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Filing 10
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. (jtil)
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Filing 9
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil)
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Filing 8
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
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Filing 7
NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Maria A. Audero. (jtil)
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Filing 6
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING, a Delaware limited liability company. (Pacheco, Alejandro)
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Filing 5
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING, a Delaware limited liability company. (Pacheco, Alejandro)
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Filing 4
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING, a Delaware limited liability company. (Pacheco, Alejandro)
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Filing 3
CORPORATE DISCLOSURE STATEMENT and CERTIFICATE AND NOTICE OF INTERESTED PARTIES filed by Plaintiff NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING, a Delaware limited liability company identifying Shellpoint Partners LLC as Corporate Parent. (Winslow, Natalie)
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Filing 2
CIVIL COVER SHEET filed by Plaintiff NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING, a Delaware limited liability company. (Winslow, Natalie)
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Filing 1
COMPLAINT Receipt No: ACACDC-34426801 - Fee: $402, filed by Plaintiff NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING, a Delaware limited liability company. (Attachments: #1 Exhibit 1) (Attorney Natalie L Winslow added to party NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING, a Delaware limited liability company(pty:pla))(Winslow, Natalie)
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