Guang Tai He Import Export, Inc. v. Daniel P. Mitchell et al
| Guang Tai He Import Export, Inc. |
| Daniel P. Mitchell and Does 1-5, inclusive |
| 2:2024cv00930 |
| February 2, 2024 |
| US District Court for the Central District of California |
| Brianna Fuller Mircheff |
| John F Walter |
| Trademark |
| 28 U.S.C. § 1338 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 39 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Judgment) (iv) |
Filing 38
STIPULATED JUDGMENT AND ORDER FOR PERMANENT INJUNCTION #37 by Judge John F. Walter. JUDGMENT IS THEREFORE ENTERED in favor of Plaintiff and against Defendant, pursuant to all the terms and conditions recited. (MD JS-6, Case Terminated). (iv)
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| Filing 37 STIPULATION for Judgment as to Plaintiff against Daniel Mitchell and Proposed Order Granting Permanent Injunction filed by Plaintiff Guang Tai He Import Export, Inc..(Wagner, Ben) |
| Filing 36 Third STIPULATION Extending Time to Answer the complaint as to Daniel P. Mitchell answer now due 3/15/2024, re Complaint (Attorney Civil Case Opening),,, #2 filed by Plaintiff Guang Tai He Import Export, Inc..(Wagner, Ben) |
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Filing 35
MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for April 29, 2024 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 April 12, 2024. (iv)
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| Filing 34 PRELIMINARY INJUNCTION by Judge John F. Walter. The Court hereby ISSUES the following preliminary injunction: (1) Daniel P. Mitchell is barred from directly or indirectly (or through its agents or those acting under its direction or control) from attempting to enforce the "SPC" mark against Plaintiff, including U.S. Registration No. 5,305,381. (iv) |
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Filing 33
MINUTE (IN CHAMBERS) ORDER RE: PRELIMINARY INJUNCTION by Judge John F. Walter. For the reasons stated in Plaintiff's moving papers, and in light of Defendant's failure to file an Opposition, the Court will issue a preliminary injunction, with the same terms set forth in the Temporary Restraining Order. The Court declines Plaintiff's request to expand the injunctive relief beyond the relief set forth in the Temporary Restraining Order. (iv)
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| Filing 32 Second STIPULATION Extending Time to Answer the complaint as to Daniel P. Mitchell answer now due 3/13/2024, re Complaint (Attorney Civil Case Opening),,, #2 filed by Plaintiff Guang Tai He Import Export, Inc..(Wagner, Ben) |
| Filing 31 First STIPULATION Extending Time to Answer the complaint as to Daniel P. Mitchell answer now due 3/8/2024, re Complaint (Attorney Civil Case Opening),,, #2 filed by Plaintiff Guang Tai He Import Export, Inc..(Wagner, Ben) |
| Filing 30 REPLY filed by Plaintiff Guang Tai He Import Export, Inc. to Order,,,, Set/Reset Motion Hearing and R&R Deadlines,,, #26 , Temporary Restraining Order,, #18 in Support of Order to Show Cause re Preliminary Injunction (Wagner, Ben) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Guang Tai He Import Export, Inc., upon Defendant Daniel P. Mitchell served on 2/13/2024, answer due 3/5/2024. Service of the Summons and Complaint were executed upon Kristine Olmos, Secretary in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy (Wagner, Ben) |
| Filing 28 DECLARATION of Andrew G. Prout Declaration of Lead Trial Counsel filed by Defendant Daniel P. Mitchell. (Prout, Andrew) |
| Filing 27 DECLARATION of Ben L. Wagner Declaration of Lead Trial Counsel filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) |
| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew G Prout counsel for Defendant Daniel P. Mitchell. Adding Andrew G. Prout as counsel of record for Daniel P. Mitchell for the reason indicated in the G-123 Notice. Filed by Defendant Daniel P. Mitchell. (Prout, Andrew) |
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Filing 26
ORDER GRANTING STIPULATION TO CONTINUE HEARING DATE, EXTEND TIME TO RESPOND TO ORDER TO SHOW CAUSE, AND EXTEND TRO by Judge John F. Walter, re Stipulation #22 : NOTE CHANGE BY COURT. Plaintiff GUANG TAI HE IMPORT EXPORT, INC. ("Plaintiff"), and Defendant DANIEL P. MITCHELL ("Defendant") have stipulated and good cause appearing therefor, the Court hereby orders: (1) Defendant's deadline to file a Response shall be extended to February 23, 2024; (2) Plaintiff's deadline to file a Reply shall be extended to March 5, 2024; (3) The hearing on the Court's Order to Show Cause shall be continued to March 25, 2024 at 8:00 a.m.; (4) On stipulation of the parties to exceed 14 days, the Court's Order on Plaintiff's Ex Parte Application shall remain in place until such time as the Court is able to hear and rule on the Court's Order to Show Cause, without prejudice to any of Defendant's arguments or rights. IT IS ORDERED. (bm)
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| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Appearance #23 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. 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. (ak) |
| Filing 23 NOTICE of Appearance filed by attorney Andrew G Prout on behalf of Defendant Daniel P. Mitchell (Prout, Andrew) |
| Filing 22 First STIPULATION for Extension of Time to File Response as to Temporary Restraining Order,, #18 , First STIPULATION for Extension of Time to File Order to Show Cause filed by Defendant Daniel P. Mitchell. (Attachments: #1 Proposed Order)(Attorney Andrew G Prout added to party Daniel P. Mitchell(pty:dft))(Prout, Andrew) |
| Filing 21 PROOF OF SERVICE filed by Plaintiff Guang Tai He Import Export, Inc., re Minutes of In Chambers Order/Directive - no proceeding held, #17 , Temporary Restraining Order,, #18 served on 2/5/2024. (Wagner, Ben) |
| Filing 20 PROOF OF SERVICE filed by Plaintiff Guang Tai He Import Export, Inc., re Application/Motion/Request (Attorney Civil Case Opening), #1 served on February 5, 2024. (Wagner, Ben) |
| Filing 19 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #2 as to Defendant Daniel P. Mitchell. (iv) |
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Filing 18
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE by Judge John F. Walter. The Court hereby GRANTS the following temporary restraining order. IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(b), Defendant Daniel P. Mitchell shall appear before this Court on or before February 20, 2024 at 9:30 a.m. to show cause why the preliminary injunction requested by Plaintiff should not be granted. (iv)
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Filing 17
MINUTE (IN CHAMBERS) ORDER GRANTING PLAINTIFF GUANG TAI HE IMPORT EXPORT, INC.'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND OSC RE PRELIMINARY INJUNCTION [filed 2/2/2024; Docket No. #1 ] by Judge John F. Walter. Plaintiff's Application is GRANTED. (iv)
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| Filing 16 Notice of Withdrawal of Notice (Other) #15 filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) |
| Filing 15 **WITHDRAWN** Notice Concerning Non-Opposition to Plaintiff's Ex Parte Application for TRO filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) Modified on 2/5/2024 Per Notice #16 (iv). |
| Filing 14 PROOF OF SERVICE filed by Plaintiff Guang Tai He Import Export, Inc., re Application/Motion/Request (Attorney Civil Case Opening), #1 served on 2/2/2024. (Wagner, Ben) |
| Filing 13 DECLARATION of Ben L. Wagner re Application/Motion/Request (Attorney Civil Case Opening), #1 Supplemental Service Declaration filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, #2 filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) |
| Filing 11 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Guang Tai He Import Export, Inc.. (Wagner, Ben) |
| Filing 10 NOTICE of Interested Parties filed by Plaintiff Guang Tai He Import Export, Inc., identifying none. (Wagner, Ben) |
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Filing 9
STANDING ORDER by Judge John F. Walter. (sr)
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| Filing 8 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. (lh) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. 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. (lh) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Brianna Fuller Mircheff. (lh) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) |
| Filing 2 COMPLAINT with filing fee previously paid ($405 paid on 02/02/2024, receipt number ACACDC-36845254), filed by Plaintiff Guang Tai He Import Export, Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit A - Newson Decl, #3 Exhibit B (i4F_Ex. A), #4 Exhibit C (i4F_Ex. C), #5 Exhibit D (i4F_Ex. E), #6 Exhibit E (i4F_Ex. F), #7 Exhibit F (i4F_Ex. G), #8 Exhibit G (i4F_Ex. H), #9 Exhibit H (i4F_Ex. J), #10 Exhibit I (Ltr to U.S. Customs), #11 Exhibit J (Mitchell USPTO SPC Reg Cert), #12 Exhibit K (Petition in Cancellation), #13 Exhibit L (Detention Notices), #14 Exhibit M (Recent License of Defendant), #15 Exhibit N (Pics of Detained Flooring), #16 Exhibit O (Liu Ex. 6), #17 Exhibit P (FloorsPlus U.S. Registrations), #18 Exhibit Q (IPR Recordation Submission))(Wagner, Ben) |
| Filing 1 APPLICATION for Temporary Restraining Order and OSC re Preliminary Injunction Receipt No: ACACDC-36845254 - Fee: $405, filed by Plaintiff Guang Tai He Import Export, Inc.. (Attachments: #1 Declaration of Ben L. Wagner, #2 Declaration of Bin Liu, #3 Proposed Order Granting TRO, #4 Proposed Order to Show Cause) (Attorney Ben Lewis Wagner added to party Guang Tai He Import Export, Inc.(pty:pla))(Wagner, Ben) |
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