Betty's Best, Inc. v. Yuyao Aggpo Electronic Technology Co. LTD, et al
| Betty's Best, Inc. |
| Yuyao Aggpo Electronic Technology Co. LTD, et al |
| 2:2022cv09096 |
| December 15, 2022 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| Mark C Scarsi |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 46 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Notice of Dismissal) (lom) |
| Filing 45 NOTICE of Voluntary Dismissal filed by Plaintiff Betty's Best, Inc.. Dismissal is Without Prejudice. (Rothman, Joel) |
Filing 44
MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF'S APPLICATIONS FOR LEAVE TO SEAL AND FOR CLARIFICATION OR RECONSIDERATION (ECF Nos. #40 , #42 ) by Judge Mark C. Scarsi. Accordingly, Plaintiff's applications are denied without prejudice to filing renewed requests for relief. The Court reminds Plaintiff that any subsequent ex parte applications must demonstrate an emergency meriting immediate attention. Repeated abuse of ex parte procedures may result in sanctions. See minute order for details. (lom)
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Filing 43
MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR ALTERNATIVE SERVICE (ECF No. #35 ) by Judge Mark C. Scarsi. The application is denied without prejudice to renewal upon curing the defects identified in this Order. (lom)
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| Filing 42 EX PARTE APPLICATION for Reconsideration re Order on Motion for Temporary Restraining Order,,,,,,,,,, #41 filed by Plaintiff Betty's Best, Inc.. (Attachments: #1 Declaration of Joel B. Rothman in Support of Plaintiff's Application for Reconsideration or Clarification, #2 Proposed Order Granting Plaintiff's Application for Clarification or Reconsideration) (Rothman, Joel) |
| Filing 41 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE:PLAINTIFF'S SECOND EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION #19 . The Court deems the motion appropriate for decision without oral argument.This Court denied the first ex parte application because both the original complaint and the first ex parte application brought jurisdictional and venue allegations assuming litigation in the Western District of Texas and not in this Court's district. Based on the Court's prior order, Plaintiff timely filed a first amended complaint and again applies ex parte for a TRO and preliminary injunction. While Plaintiff clearly intends to assert claimsagainst the hundreds of merchants listed in Schedule A of the inoperative complaint, there is no basis in the first amended complaint to issue any relief against any purported defendant save Yuyao Aggpo, as it is the only pleaded defendant. Thus, the Court sua sponte dismisses the first amended complaint under Rule 8 for failure to "give the defendant[s] fair notice of what the claim is and the ground upon which it rests." See FRCP 10(a) (requiring all parties to be named in a complaint); C.D. Cal. R. 11- 3.8(d) (providing form requirements for naming parties on the title page of a complaint). To avoid further wasting of the Court's and Plaintiff's resources, the Court grants Plaintiff leave to amend to plead in the defendants Plaintiff believes are subject to this lawsuit. Plaintiff shall file a second amended complaint within 14 days of this Order, so long as any amendment complies with Rule 11(b). The failure to amend within the period provided will waive the right to do so. The Court denies as moot Plaintiff's second ex parte application. Given the procedural deficiencies in Plaintiff's filings thus far, the Court encourages Plaintiff to exercise greater diligence in ensuring that subsequent filings are complete, accurate, and suitable for review. (SEE FOONOTES: 1 The Court expresses no opinion of the merits of Plaintiffs second ex parte application, whether against Yuyao Aggpo or any other purported defendant. 2 Plaintiff represented in an ex parte email to the Court that Schedules A and B were attached to the first amended complaint. To the extent this submission may be treated as a request to amend pursuant to Rule 15(a)(2), the submission is rejected without prejudice for failure to comply with Local Rules 15-1 and 15-2 and Initial Standing Order 13) (lc) |
| Filing 40 APPLICATION to file document for Leave to Seal Certain Documents Containing Identifying Information about the Defendants under seal filed by Plaintiff Betty's Best, Inc.. (Attachments: #1 Declaration of Joel B. Rothman in Support, #2 Proposed Order)(Rothman, Joel) |
| Filing 39 EX PARTE APPLICATION for Temporary Restraining Order as to, Preliminary Injunction, and Order Restraining Transfer of Assets filed by Plaintiff Betty's Best, Inc.. (Attachments: #1 Declaration of Joel B. Rothman in Support, #2 Declaration of Sarah M. Owen in Support, #3 Proposed Order) (Rothman, Joel) |
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Filing 38
ORDER GRANTING PLAINTIFF'S APPLICATION FOR LEAVE TO SEAL #36 by Judge Mark C. Scarsi: It is hereby ORDERED and ADJUDGED that: The Clerk of Court is directed to TEMPORARILY seal the following documents: Complaint, Schedule "A" and Schedule "B," (ECF Nos. 1-10 and 1-11 ), Exhibit 1 and Schedule "B" to the Declaration of Sara M. Owen (Does 1 to 610), (ECF Nos. 7-1 to -22), and the individual Summonses, (ECF No. 6-25). SEE FOOTNOTE 1: The Court notes that the individual summonses are already sealed on CM/ECF. But because the text order granting Plaintiffs prior motion to seal did not expressly seal the individual summonses, the Court grants for the record Plaintiffs request to TEMPORARILY seal those documents (lc)
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| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: ONLY RHW PROPOSED ORDERS TO DEFENDANTS' APPLICATION to file document Certain Documents Containing Identifying Information about the Defendants under seal[36-3], EX PARTE APPLICATION for Order for Authorizing Alternate Service of Process on Defendants Pursuant to Fed. R. Civ. P. 4(f)(3) and Memorandum of Law[35-3]. The following error(s) was/were found: L.R. 58-10 at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of proposed order 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 36 APPLICATION to file document Certain Documents Containing Identifying Information about the Defendants under seal filed by Plaintiff Betty's Best, Inc.. (Attachments: #1 Declaration of Joel B. Rothman in Support, #2 Proposed Order)(Rothman, Joel) |
| Filing 35 EX PARTE APPLICATION for Order for Authorizing Alternate Service of Process on Defendants Pursuant to Fed. R. Civ. P. 4(f)(3) and Memorandum of Law filed by Plaintiff Betty's Best, Inc.. (Attachments: #1 Declaration of Joel B. Rothman in Support, #2 Exhibit 1 - Hague Convention, #3 Proposed Order) (Rothman, Joel) |
| Filing 34 RESPONSE filed by Pro Hac Vice attorney Layla T Nguyen on behalf of Plaintiff Betty's Best, 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) |
| Filing 33 RESPONSE filed by Pro Hac Vice attorney Eliezer Lekht on behalf of Plaintiff Betty's Best, 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) |
| Filing 32 RESPONSE filed by Pro Hac Vice attorney Craig Anthony Wirth on behalf of Plaintiff Betty's Best, 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) |
| Filing 31 First AMENDED COMPLAINT against Defendants Yuyao Aggpo Electronic Technology Co. LTD, et al amending Complaint - (Discovery),, #1 , filed by Plaintiff Betty's Best, Inc. (Attachments: #1 Exhibit 1 - Trademark Registration Certificates, #2 Exhibit 2 - Copyright Registration Certificates, #3 Exhibit 3 - Copyright Registration for striphair.com website, #4 Exhibit 4 - Design Patent US D841,900 S, #5 Exhibit 5 - Claim Charts for US D841,900 S)(Grossbardt, Jonah) |
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Filing 30
ORDER GRANTING APPLICATION of Non-Resident Attorney Joel B. Rothman to Appear Pro Hac Vice on behalf of Plaintiff Betty's Best, Inc. and designating Jonah A. Grossbardt as local counsel #25 by Judge Mark C. Scarsi. (lc)
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| Filing 29 Second NOTICE of Appearance filed by attorney Matthew Laurence Rollin on behalf of Plaintiff Betty's Best, Inc. (Rollin, Matthew) |
| Filing 28 Second NOTICE of Appearance filed by attorney Jonah Adam Grossbardt on behalf of Plaintiff Betty's Best, Inc. (Grossbardt, Jonah) |
| Filing 27 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Notice of Appearance #22 and Notice of Appearance #23 by Judge Mark C. Scarsi. The documents are stricken because the attached documents appear blank when viewed from the docket. They were not flattened as PDFs prior to being uploaded during docketing. Attachments> (smo) |
| Filing 25 APPLICATION of Non-Resident Attorney Joel B. Rothman to Appear Pro Hac Vice on behalf of Plaintiff Betty's Best, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34533513) filed by Plaintiff Betty's Best, Inc.. (Attachments: #1 Proposed Order) (Grossbardt, Jonah) |
| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #22 , Notice of Appearance #23 . The following error(s) was/were found: The attached document is blank. 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. (sbou) |
| Filing 24 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER REQUIRING AMENDED COMPLAINT AND DENYING AS MOOT PLAINTIFFS EX PARTE APPLICATION (ECF NO. 7)Plaintiff Betty's Best, Inc. brings an ex parte motion for a temporary restraining order ("TRO") and preliminary injunction. (Mot., ECF No. 7.) The Court deems the motion appropriate for decision without oral argument and vacates the hearing set for January 3, 2022. Plaintiff is ordered to file an amended complaint within 14 days of this Order, so long as any amendment can comply with Rule 11(b). The failure to amend within the provided period will waive the right to do so. Accordingly, the Court denies as moot Plaintiffs ex parte application. Plaintiff may refile a renewed ex parte application for a TRO or preliminary injunction after filing its amended complaint. Any motion, application, or request must conform to this Courts Initial Standing Order, the Local Rules, and Ninth Circuit or Federal Circuit law, as appropriate. (lc) |
| Filing 23 NOTICE of Appearance filed by attorney Matthew Laurence Rollin on behalf of Plaintiff Betty's Best, Inc. (Attorney Matthew Laurence Rollin added to party Betty's Best, Inc.(pty:pla))(Rollin, Matthew) |
| Filing 22 NOTICE of Appearance filed by attorney Jonah Adam Grossbardt on behalf of Plaintiff Betty's Best, Inc. (Attorney Jonah Adam Grossbardt added to party Betty's Best, Inc.(pty:pla))(Grossbardt, Jonah) |
| Filing 21 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joel Benjamin Rothman. 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. (car) |
| Filing 20 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Layla T. Nguyen. 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. (car) |
| Filing 19 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Eliezer Lekht. 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. (car) |
| Filing 18 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Craig Anthony Wirth. 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. (car) |
| Filing 17 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 16 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 15 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Jean P. Rosenbluth. (car) |
| Filing 14 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:22-cv-01078-RP, from U.S. District Court Western District of Texas (Austin). The above-referenced case has been transferred to this district and assigned the above civil case number 2:22-cv-09096-MCS-JPRx. (car) |
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Filing 13
TEXT ONLY ENTRY (IN CHAMBERS) ORDER SETTING HEARING by Judge Mark C. Scarsi: On its own motion, the Court sets a hearing on Plaintiffs motion for a temporary restraining order (ECF No. #7 ) for January 3, 2023, at 10:00 a.m. before Judge Mark C. Scarsi.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pk)
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Filing 12
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (pk)
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| Filing 11 ORIGINAL file, certified copy of transfer order and docket sheet received from Texas Western |
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Filing 10
ORDER transferring case to the Central District of California, Western Division. Signed by Judge Robert Pitman. (pg) [Transferred from Texas Western on 12/19/2022.]
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| Filing 9 Proposed Order to #7 MOTION for Temporary Restraining Order by Betty's Best, Inc.. (Lekht, Eliezer) [Transferred from Texas Western on 12/19/2022.] |
| Filing 8 SUPPLEMENT to #7 MOTION for Temporary Restraining Order by Betty's Best, Inc.. (Attachments: #1 Declaration of Sarah M. Owen in Support of Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer, #2 Declaration of Joel B. Rothman in Support of Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer)(Lekht, Eliezer) [Transferred from Texas Western on 12/19/2022.] |
| Filing 7 MOTION for Temporary Restraining Order by Betty's Best, Inc. (pg) (Additional attachment(s) added on 12/15/2022: #1 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #2 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #3 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #4 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #5 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #6 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #7 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #8 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #9 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #10 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #11 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #12 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #13 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #14 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #15 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #16 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #17 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #18 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #19 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #20 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #21 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, #22 Schedule B to the Declaration of Sarah M. Owen) (pg). [Transferred from Texas Western on 12/19/2022.] |
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Text Order GRANTING #6 Motion for Leave to File Sealed Document entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of the Court shall file under seal the attached documents (Dkt. 6-1 to 6-24). (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) [Transferred from Texas Western on 12/19/2022.]
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Text Order GRANTING #5 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Motion for a Temporary Restraining Order shall be no longer than 30 pages, exclusive of the case caption, signature, tables, and accompanying documents. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) [Transferred from Texas Western on 12/19/2022.]
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| Filing 6 Motion for leave to File Sealed Document (Attachments: #1 Schedule A to the Complaint, #2 Schedule B to the Complaint, #3 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 1, #4 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 2, #5 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 3, #6 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 4, #7 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 5, #8 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 6, #9 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 7, #10 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 8, #11 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 9, #12 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 10, #13 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 11, #14 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 12, #15 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 13, #16 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 14, #17 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 15, #18 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 16, #19 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 17, #20 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 18, #21 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 19, #22 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 20, #23 Exhibit 1 to the Declaration of Sarah M. Owen in Support of Motion for TRO, Part 21, #24 Schedule B to the Declaration of Sarah M. Owen, #25 Summonses, #26 Proposed Order) (Rothman, Joel) [Transferred from Texas Western on 12/19/2022.] |
| Filing 5 Proposed MOTION for Leave to Exceed Page Limitation by Betty's Best, Inc.. (Attachments: #1 Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Incorporated Memorandum of Law, #2 Proposed Order)(Rothman, Joel) [Transferred from Texas Western on 12/19/2022.] |
| Filing 4 MOTION for Order Authorizing Alternate Service of Process by Betty's Best, Inc.. (Attachments: #1 Declaration of Joel B. Rothman in Support, #2 Exhibit 1 to the Declaration of Joel B. Rothman, #3 Proposed Order)(Rothman, Joel) [Transferred from Texas Western on 12/19/2022.] |
| Filing 3 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (pg) [Transferred from Texas Western on 12/19/2022.] |
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (pg) [Transferred from Texas Western on 12/19/2022.] |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Howell (pg) [Transferred from Texas Western on 12/19/2022.] |
| Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Rothman, Joel) [Transferred from Texas Western on 12/19/2022.] |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF ( Filing fee $ 402 receipt number ATXWDC-16674353). No Summons requested at this time, filed by Betty's Best, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3.1, #4 Exhibit 3.2, #5 Exhibit 3.3, #6 Exhibit 3.4, #7 Exhibit 4, #8 Exhibit 5, #9 Civil Cover Sheet)(Rothman, Joel) (Additional attachment(s) added on 12/6/2022: #10 Schedule "A", #11 Schedule "B") (pg). [Transferred from Texas Western on 12/19/2022.] |
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