Red Head, Inc. v. Capcabo, LLC et al
| Red Head, Inc. |
| Capcabo, LLC, Robert Azinian, Christina Azinian and Does 1 through 10, inclusive |
| 2:2024cv00031 |
| January 2, 2024 |
| US District Court for the Central District of California |
| Maria A Audero |
| Steve Kim |
| George H Wu |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 55 MINUTES IN CHAMBERS - TENTATIVE RULING ON PLAINTIFF RED HEAD, INC.'S MOTION FOR PRELIMINARY INJUNCTION #31 by Judge George H Wu. Attached hereto is the Court's Tentative Ruling on Plaintiff's Motion #31 set for hearing on March 4, 2024 at 8:30 a.m. (aco) |
Filing 54
MINUTES IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H Wu. The Court sets a Scheduling Conference for April 11, 2024 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than April 4, 2024. See Local Rule 26-1. Plaintiff(s) is directed to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date. (aco)
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| Filing 53 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Answer to Complaint (Attorney Civil Case Opening) #52 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. Other error(s) with document(s): Case number is incorrect. The correct case number is 2:24-cv-00031-GW-SKx. 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. (aco) |
| Filing 52 ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by defendant Capcabo, LLC.(Hawes, Eric) |
| Filing 51 TEXT-ONLY ENTRY - IN CHAMBERS: by Senior District Judge George H. Wu: The parties are advised that the MOTION HEARING #31 , set for Monday, March 4, 2024 at 8:30 a.m. will be held in-person. Masks are required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 50 SEALED DOCUMENT Exhibit A to Declaration of Robert Azinian re Objection/Opposition (Motion related), #37 , Order on Motion for Leave to File Document Under Seal, #47 filed by Defendant Capcabo, LLC.(Hawes, Eric) |
| Filing 49 SEALED DOCUMENT Declaration re Reply (Motion related), #43 , Order on Motion for Leave to File Document Under Seal, #48 filed by Plaintiff Red Head, Inc.. (Attachments: #1 Under Seal Exhibit G)(Branson, Timothy) |
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Filing 48
ORDER GRANTING PLAINTIFF RED HEAD, INC.'S APPLICATION TO FILE EXHIBIT TO SUPPLEMENTAL DECLARATION OF STAN NOVACK UNDER SEAL #44 by Judge George H Wu. Accordingly, the Court Grants the Application to Seal and ORDERS that the following material be maintained under seal: Exhibit G to the Supplemental Declaration of Stan Novack. (rolm)
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Filing 47
ORDER GRANTING DEFENDANTS' APPLICATION TO FILE EXHIBIT "A" TO DECLARATION OF ROBERT AZINIAN UNDER SEAL #42 by Judge George H Wu. Accordingly, the Court GRANTS the Application to Seal and ORDERS that the following material be maintained under seal: Exhibit "A" to the Declaration of Robert Azinian. (rolm)
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| Filing 46 CERTIFICATE OF SERVICE filed by Plaintiff Red Head, Inc., re Sealed Declaration in SupportDeclaration #45 served on 2/16/2024. (Branson, Timothy) |
| Filing 45 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit G to Supplemental Declaration of Stan Novack under seal #44 filed by Plaintiff Red Head, Inc.. (Attachments: #1 Unredacted Exhibit G)(Branson, Timothy) |
| Filing 44 APPLICATION to file document Exhibit G to Supplemental Declaration of Stan Novack under seal filed by Plaintiff Red Head, Inc.. (Attachments: #1 Redacted Exhibit G, #2 Proposed Order)(Branson, Timothy) |
| Filing 43 REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re use of Cabo Wabo Marks, et al. #31 filed by Plaintiff Red Head, Inc.. (Attachments: #1 Supplemental Declaration of Stan Novack, #2 Redacted Exhibit G)(Branson, Timothy) |
| Filing 42 First APPLICATION to file document mas cantinas license agreement under seal filed by Defendant Capcabo, LLC. (Attachments: #1 Proposed Order order to seal, #2 Exhibit sealed filing)(Hawes, Eric) |
| Filing 41 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Objection/Opposition (Motion related), #38 by Judge George H Wu. The document is accepted as filed. Defendant is ordered to change their templates to reflect the initials GW-SKx or risk subsequent documents being stricken for failure to comply with this Order. (aco) |
| Filing 40 NOTICE OF ERRATA filed by Defendant Capcabo, LLC. correcting Objection/Opposition (Motion related),, #24 revised erratum (Attachments: #1 Supplement errata azinian opposition)(Hawes, Eric) |
| Filing 39 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Objection/Opposition (Motion related), #38 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Other Filings > Miscellaneous Filings > Errata. Incorrect case number. This case was reassigned to Judge George H. Wu for all further proceedings on 01/23/2024. (See doc 20). The correct case number is 2:24-cv-00031-GW-SKx. 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. (aco) |
| Filing 38 OPPOSITION ERRATUM OPPOSITION re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re use of Cabo Wabo Marks, et al. #31 ERRATUM TO OPPOSITION AND AZINIAN DEC. filed by Defendant Capcabo, LLC. (Attachments: #1 Supplement errata iso opposition to preliminary injunction)(Hawes, Eric) |
| Filing 37 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re use of Cabo Wabo Marks, et al. #31 Opposition filed by Defendant Capcabo, LLC. (Attachments: #1 Declaration iso opposition to preliminary injunction, #2 Declaration iso oppostion to preliminary injunction, #3 Declaration iso opposition to preliminary injunction, #4 Exhibit RJN iso opposition to preliminary injunction)(Hawes, Eric) |
| Filing 36 SEALED DOCUMENT re NOTICE OF MOTION AND MOTION for Preliminary Injunction re use of Cabo Wabo Marks, et al. #31 , Order on Motion for Leave to File Document Under Seal, #35 filed by Plaintiff Red Head, Inc.. (Attachments: #1 Sealed Exhibit B to Novack Declaration, #2 Sealed Exhibit C to Novack Declaration)(Branson, Timothy) |
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Filing 35
ORDER GRANTING PLAINTIFF RED HEAD, INC.'S APPLICATION TO FILE EXHIBITS TO DECLARATION OF STAN NOVACK UNDER SEAL #32 by Judge George H Wu. Accordingly, the Court GRANTS the Application to Seal and ORDERS that the following material be maintained under seal: Exhibit B to the Declaration of Stan Novack; and Exhibit C to the Declaration of Stan Novack. (rolm)
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| Filing 34 CERTIFICATE OF SERVICE filed by Plaintiff Red Head, Inc., re Sealed Declaration in SupportDeclaration #33 served on 02/05/2024. (Branson, Timothy) |
| Filing 33 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits under seal #32 filed by Plaintiff Red Head, Inc.. (Attachments: #1 Under Seal Exhibit B, #2 Under Seal Exhibit C)(Branson, Timothy) |
| Filing 32 APPLICATION to file document Exhibits under seal filed by Plaintiff Red Head, Inc.. (Attachments: #1 Redacted Exhibit B to Novack Declaration, #2 Redacted Exhibit C to Novack Declaration, #3 Proposed Order)(Branson, Timothy) |
| Filing 31 NOTICE OF MOTION AND MOTION for Preliminary Injunction re use of Cabo Wabo Marks, et al. filed by Plaintiff Red Head, Inc.. Motion set for hearing on 3/4/2024 at 08:30 AM before Judge George H Wu. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Stan Novack, #3 Exhibit A to Novack Declaration, #4 Redacted Exhibit B to Novack Declaration, #5 Redacted Exhibit C to Novack Declaration, #6 Exhibit D to Novack Declaration, #7 Exhibit E to Novack Declaration, #8 Declaration of Christopher Miller, #9 Declaration of Timothy Branson, #10 Exhibit F to Branson Declaration, #11 Proposed Order) (Branson, Timothy) |
| Filing 30 SEALED DOCUMENT Exhibit B to Declaration re EX PARTE APPLICATION for Temporary Restraining Order as to Defendants for trademark infringment regarding "Cabo Wabo Marks," et al. #15 , Order on Motion for Leave to File Document Under Seal, #26 filed by Plaintiff Red Head, Inc..(Branson, Timothy) |
| Filing 29 SEALED DOCUMENT Exhibit B re Complaint (Attorney Civil Case Opening), #1 , Order on Motion for Leave to File Document Under Seal, #27 filed by Plaintiff Red Head, Inc..(Branson, Timothy) |
| Filing 28 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Capcabo, LLC.(Hawes, Eric) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: EX PARTE APPLICATION for Temporary Restraining Order as to Operation of Restaurant Opposition #23 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motions and Related Filings>Responses/Replies/Other Motion Related Documents > Objection/Opposition (Motion Related). Other error(s) with document(s): Attached document is not a Motion. 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. (aco) |
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Filing 27
ORDER GRANTING PLAINTIFF RED HEAD, INC.'S APPLICATION TO FILE "EXHIBIT B" TO COMPLAINT UNDER SEAL by Judge George H Wu. Accordingly, the Court GRANTS the Application to Seal and ORDERS that the following material be maintained under seal: (See document for further details).; granting #10 APPLICATION to file document Exhibit under seal. (aco)
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Filing 26
ORDER GRANTING PLAINTIFF RED HEAD, INC.'S APPLICATION TO FILE "EXHIBIT B" TO DECLARATION OF STAN NOVACK UNDER SEAL by Judge George H Wu. Accordingly, the Court GRANTS the Application to Seal and ORDERS that the following material be maintained under seal: (See document for further details).; granting #16 APPLICATION to file document Exhibit under seal. (aco)
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| Filing 24 OPPOSITION OPPOSITION re: APPLICATION to file document Exhibit under seal #16 , EX PARTE APPLICATION for Temporary Restraining Order as to Defendants for trademark infringment regarding "Cabo Wabo Marks," et al. #15 , APPLICATION to file document Exhibit under seal #10 filed by Defendant Capcabo, LLC. (Attachments: #1 Declaration Opposition to TRO Request, #2 Declaration Opposition to TRO Request, #3 Exhibit Opposition to TRO Request)(Hawes, Eric) |
| Filing 23 EX PARTE APPLICATION for Temporary Restraining Order as to Operation of Restaurant Opposition filed by Defendants/Opposing Parties Capcabo, LLC. (Attachments: #1 Declaration Opposition to TRO Request, #2 Declaration Opposition to TRO Request, #3 Exhibit Opposition to TRO Request) (Attorney Eric Everett Hawes added to party Capcabo, LLC(pty:dft)) (Hawes, Eric) |
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Filing 22
MINUTES IN CHAMBERS - ORDER DENYING EX PARTE APPLICATION WITHOUT PREJUDICE by Judge George H Wu. The application is denied. The denial is without prejudice to Plaintiff moving, by way of properly-noticed motion, for the same relief it now requests. (See document for further details).; denying #15 EX PARTE APPLICATION for Temporary Restraining Order. (aco)
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Filing 21
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 20 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Maria A. Audero to Judge George H Wu for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Steve Kim. The case number will now reflect the initials of the transferee Judges 2:24-cv-00031 GW(SKx). (rn) |
| Filing 19 CERTIFICATE OF SERVICE filed by Plaintiff Red Head, Inc., re Sealed Declaration in SupportDeclaration #17 served on January 22, 2024. (Branson, Timothy) |
| Filing 18 CERTIFICATE OF SERVICE filed by Plaintiff Red Head, Inc., re APPLICATION to file document Exhibit under seal #16 , EX PARTE APPLICATION for Temporary Restraining Order as to Defendants for trademark infringment regarding "Cabo Wabo Marks," et al. #15 served on January 22, 2024. (Branson, Timothy) |
| Filing 17 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit under seal #16 filed by Plaintiff Red Head, Inc.. (Attachments: #1 Under Seal Exhibit B to Novack Declaration)(Branson, Timothy) |
| Filing 16 APPLICATION to file document Exhibit under seal filed by Plaintiff Red Head, Inc.. (Attachments: #1 Redacted Exhibit B to Novack Declaration, #2 Proposed Order)(Branson, Timothy) |
| Filing 15 EX PARTE APPLICATION for Temporary Restraining Order as to Defendants for trademark infringment regarding "Cabo Wabo Marks," et al. filed by Plaintiff Red Head, Inc.. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Stan Novack, #3 Exhibit A to Novack Declaration, #4 Redacted Exhibit B to Novack Declaration, #5 Exhibit C to Novack Declaration, #6 Declaration of Christopher Miller, #7 Declaration of Timothy K. Branson, #8 Exhibit D to Branson Declaration, #9 Exhibit E to Branson Declaration, #10 Proposed Order) (Branson, Timothy) |
| Filing 14 CERTIFICATE OF SERVICE filed by Plaintiff Red Head, Inc., re Sealed Declaration in SupportDeclaration #11 and Sealed Exhibit served on January 10, 2024. (Branson, Timothy) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Red Head, Inc., upon Defendant Christina Azinian served on 1/10/2024, answer due 1/31/2024; Robert Azinian served on 1/10/2024, answer due 1/31/2024; Capcabo, LLC served on 1/10/2024, answer due 1/31/2024. Service of the Summons and Complaint were executed upon Defendants Capcabo LLC, Robert Azinian and Christina Azinian - by electronic service on attorney in compliance with Federal Rules of Civil Procedure by method of service not specified (Branson, Timothy) |
| Filing 12 AMENDED DOCUMENT filed by Plaintiff Red Head, Inc.. Amendment to Corporate Disclosure Statement #8 and Notice of Interested Parties (Branson, Timothy) |
| Filing 11 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibit under seal #10 filed by Plaintiff Red Head, Inc.. (Attachments: #1 Under Seal Exhibit B)(Branson, Timothy) |
| Filing 10 APPLICATION to file document Exhibit under seal filed by Plaintiff Red Head, Inc.. (Attachments: #1 Redacted Exhibit B, #2 Proposed Order)(Branson, Timothy) |
| Filing 9 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Red Head, Inc.. (Branson, Timothy) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT and Notice of Interested Parties filed by Plaintiff Red Head, Inc. (Branson, Timothy) |
| Filing 7 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. (et) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (et) |
| Filing 5 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Christina Azinian, Robert Azinian, Capcabo, LLC. (et) |
| Filing 4 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Maria A. Audero. (Attachments: #1 CV11C Statement of Consent) (et) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Red Head, Inc.. (Branson, Timothy) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Red Head, Inc.. (Branson, Timothy) |
| Filing 1 COMPLAINT Receipt No: ACACDC-36657259 - Fee: $405, filed by Plaintiff Red Head, Inc.. (Attachments: #1 Exhibit A, #2 Redacted Exhibit B, #3 Exhibit C) (Attorney Timothy K Branson added to party Red Head, Inc.(pty:pla))(Branson, Timothy) |
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