David Walsh v. Innoba Holdings LLC et al
Plaintiff: David Walsh
Defendant: Does 1 through 100 inclusive, Evolutions Brands, Inc. and Innoba Holdings LLC
Counter-Defendant: Roes and David Walsh
Counter-Claimant: Evolutions Brands, Inc. and Innoba Holdings LLC
Case Number: 2:2024cv07646
Filed: September 6, 2024
Court: US District Court for the Central District of California
Presiding Judge: Michael W Fitzgerald
Referring Judge: Rozella A Oliver
Nature of Suit: Copyright
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2024 Opinion or Order Filing 19 ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. Last Day to Add Parties/Amend Pleadings 6/2/2025. Non-expert Discovery Cut-off 11/14/2025. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine 2/23/2026. Witness List due by 2/23/2026. Final Pretrial Conference and Hearing on Motions in Limine set for 3/16/2026 at 11:00 AM. Trial Date (Est. 7 to 10 Days**) set for 4/7/2026 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
November 20, 2024 Opinion or Order Filing 18 ORDER/REFERRAL to ADR Procedure No 3 by Judge Michael W. Fitzgerald. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 1/16/2026. (iv)
November 13, 2024 Filing 17 NOTICE OF LODGING filed BY THE PARTIES re Joint Report Rule 26(f) Discovery Plan, #15 , Text Only Scheduling Notice,,, 16 (Attachments: #1 Exhibit EXHIBIT A-Schedule of Pretrial and Trial Dates)(Keller, Kristina)
November 12, 2024 Opinion or Order Filing 16 SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. The parties' Joint Rule 26(f) Report #15 (the "Report") filed on 10/31/2024 does not include the Schedule of Pretrial and Trial Dates Worksheet ("Worksheet") (see Exhibit A to the Order Setting Scheduling Conference #12 ) as an attachment. The parties are ORDERED to lodge the Worksheet (utilizing the Notice of Lodging event) no later than 11/15/2024. On the Court's own motion, the Court VACATES the Scheduling Conference set for 11/18/2024 at 11:00 a.m. No appearances shall be made. The Court will review the parties' Joint Rule 26(f) Report and Worksheet, and issue pretrial and trial dates by separate order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
October 31, 2024 Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 Days, filed by Plaintiff David Walsh, Defendants Does, Innoba Holdings LLC, Evolutions Brands, Inc., Counter Defendants Roes, David Walsh, Counter Claimants Innoba Holdings LLC, Evolutions Brands, Inc... (Keller, Kristina)
October 3, 2024 Filing 14 NOTICE OF LODGING filed Defendants' Answer to Walsh's Complaint re Notice of Removal (Attorney Civil Case Opening),, #1 (Attachments: #1 Supplement (Conformed) Answer to Plaintiffs Complaint)(Garrell, Peter)
October 2, 2024 Opinion or Order Filing 13 SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. On its own motion, the Court CONTINUES the Scheduling Conference #12 from 11/4/2024 to 11/18/2024, at 11:00 a.m. The deadlines in the Order Setting Scheduling Conference are continued accordingly. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
October 2, 2024 Opinion or Order Filing 12 ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. Scheduling Conference set for 11/4/2024 at 11:00 a.m. before Judge Michael W. Fitzgerald. (smom)
October 1, 2024 Filing 11 NOTICE OF LODGING filed Defendants Innoba Holdings LLC and Evolution Brands, Inc.s Answer to Plaintiffs Complaint re Notice of Removal (Attorney Civil Case Opening),, #1 (Keller, Kristina)
October 1, 2024 Opinion or Order Filing 10 ORDER by Judge Michael W. Fitzgerald. The Court has reviewed the docket in this matter. The Notice of Removal #1 includes Innoba Holdings, LLC and Evolution Brands, Inc.'s Counterclaim (see Cross-Complaint, Exhibit D at Docket No. 1-4). On September 26, 2024, Plaintiff and Cross-Defendant David Walsh filed an Answer #9 to Counterclaim. The docket does not include Innoba Holdings LLC and Evolution Brands, Inc.'s Answer to the underlying state court complaint. Defendants are ORDERED to lodge the Answer to Complaint filed in state court no later than October 4, 2024. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
September 26, 2024 Filing 9 ANSWER to Counterclaim, JURY DEMAND. filed by Cross-Defendant David Walsh.(Hall, Timothy)
September 16, 2024 Opinion or Order Filing 8 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Consuelo B. Marshall. ORDER case returned to the Clerk for random reassignment pursuant to General Order 23-05. Case randomly reassigned from Judge Consuelo B. Marshall to Judge Michael W. Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:24-cv-07646 MWF(RAOx). (rn)
September 12, 2024 Filing 7 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Innoba Holdings LLC. (Keller, Kristina)
September 10, 2024 Filing 6 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)
September 10, 2024 Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car)
September 10, 2024 Filing 4 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Rozella A. Oliver. (car)
September 6, 2024 NON-CONORMED COPY OF COUNTERCLAIM [FILED AS CROSS-COMPLAINT] against Counter Defendants David Walsh, Roes 1 through 100, inclusive, filed by Defendants and Counter Claimants Innoba Holdings LLC, Evolutions Brands, Inc. Submitted with Attachment 4 to Notice of Removal #1 . (car)
September 6, 2024 CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff David Walsh, upon Defendant Evolutions Brands, Inc. served on 7/11/2024, answer due 8/1/2024. Service of the Summons and Complaint were executed upon Josh Von Volkenburg in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Filed in State Court on 7/16/2024 Submitted with Attachment 2 Exhibit B to Notice of Removal #1 (car)
September 6, 2024 CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff David Walsh, upon Defendant Innoba Holdings LLC served on 7/9/2024, answer due 7/30/2024. Service of the Summons and Complaint were executed upon Innoba Holdings LLC in compliance with California Code of Civil Procedure by personal service. Filed in State Court on 7/12/2024 Submitted with Attachment 2 Exhibit B to Notice of Removal #1 (car)
September 6, 2024 CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 100 inclusive, Evolutions Brands, Inc., Innoba Holdings LLC. Jury Demanded, filed by Plaintiff David Walsh. Filed in State Court on 6/4/2024 Submitted with Attachment 1 to Notice of Removal #1 (car)
September 6, 2024 Filing 3 NOTICE of Interested Parties filed by INNOBA HOLDINGS, LLC and EVOLUTION BRANDS, INC All Defendants, (Garrell, Peter)
September 6, 2024 Filing 2 CIVIL COVER SHEET filed by Defendants EVOLUTION BRANDS, INC., INNOBA HOLDINGS, LLC. (Garrell, Peter)
September 6, 2024 Filing 1 NOTICE OF REMOVAL from Ventura County Superior Court, case number 2024CUOE025666 Receipt No: ACACDC-38170050 - Fee: $405, filed by INNOBA HOLDINGS, LLC and EVOLUTION BRANDS, INC INNOBA HOLDINGS, LLC, EVOLUTION BRANDS, INC.. (Attachments: #1 Exhibit Conformed Ccopy of Complaint, #2 Exhibit Proof of Service Summons, #3 Exhibit Extension of Time, #4 Exhibit Cross-Complaint) (Attorney Peter E Garrell added to party EVOLUTION BRANDS, INC.(pty:dft), Attorney Peter E Garrell added to party INNOBA HOLDINGS, LLC(pty:dft))(Garrell, Peter)

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Defendant: Does 1 through 100 inclusive
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Defendant: Evolutions Brands, Inc.
Represented By: Peter E Garrell
Represented By: Kristina S Keller
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Defendant: Innoba Holdings LLC
Represented By: Peter E Garrell
Represented By: Kristina S Keller
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Counter-defendant: Roes
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Counter-defendant: David Walsh
Represented By: Roger Yvon Muse
Represented By: Timothy A Hall
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Counter-claimant: Evolutions Brands, Inc.
Represented By: Peter E Garrell
Represented By: Kristina S Keller
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Counter-claimant: Innoba Holdings LLC
Represented By: Peter E Garrell
Represented By: Kristina S Keller
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Plaintiff: David Walsh
Represented By: Roger Yvon Muse
Represented By: Timothy A Hall
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