Pestmaster Franchise Network Inc v. Paul Duncan et al
| Pestmaster Franchise Network Inc |
| Paul Duncan, James Giles and Premier Pest Control and Termite |
| Attorney Settlement Officer |
| 5:2008cv00505 |
| April 11, 2008 |
| US District Court for the Central District of California |
| Eastern Division - Riverside Office |
| Oswald Parada |
| Virginia A Phillips |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on July 6, 2009. A more recent docket listing may be available from PACER.
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| Filing 59 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Order) (am) |
Filing 58
ORDER OF DISMISSAL by Judge Virginia A. Phillips: THE COURT having been notified of settlement of this matter by counsel, THE COURT ORDERS that this action be, and hereby is, dismissed with prejudice. THE COURT to retain jurisdiction for a period of 60 days to enforce the terms of the settlement. (Made JS-6. Case Terminated.) (am)
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| Filing 57 NOTICE of Settlement filed by Plaintiff and Counter-Defendant Pestmaster Franchise Network Inc. (Whattoff, Kamala) |
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Filing 56
PROTECTIVE ORDER Governing Confidentiality by Magistrate Judge Oswald Parada: IT IS HEREBY ORDERED that the Stipulation and its terms and conditions, which are incorporated herein by reference, is approved and effective pursuant to its terms. (ad)
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Filing 55
ORDER CONTINUING PRE-TRIAL AND TRIAL DATES by Judge Virginia A. Phillips,, Set/Reset Deadlines/HearingsHaving considered the Stipulation of the parties and finding good cause appearing therein, the Court hereby orders as follows:The discovery cut-off date is continued to May 27, 2009; Initial expert designations shall be made on or before June 19, 2009; Rebuttal designations shall be made on or before: July 3, 2009; Expert depositions shall be completed on or before: July 24, 2009; The non-discovery motion hearing cut-off is continued to June 22, 2009; The pre-trial conference shall take place on September 21, 2009 at 2:00 p.m.; The trial shall commence on September 29, 2009 at 8:30 a.m. (am)
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| Filing 54 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously asssigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Oswald Parada for any discovery and/or post-judgment matters that may be referred. Case number will now read ED CV 08-505 VAP (OPx). (la) |
| Filing 53 STIPULATION for Protective Order filed by Plaintiff and Counter-Defendant Pestmaster Franchise Network Inc. (Attachments: #1 Proposed Order [PROPOSED] PROTECTIVE ORDER GOVERNING CONFIDENTIALITY)(Whattoff, Kamala) |
| Filing 52 STIPULATION to Continue PRE-TRIAL AND TRIAL DATES from Pre Trial 6/22/09 / Trial 6/30/09 to Pre-Trial 9/21/09 / Trial 9/29/09 filed by Plaintiff and Counter-Defendant Pestmaster Franchise Network Inc. (Attachments: #1 Declaration of Kamala S. Haake Whattoff in Support of Stipulation for Continuance of Pre-Trial and Trial dates, #2 Proposed Order Continuing Pre-Trial and Trial Dates)(Whattoff, Kamala) |
| Filing 51 NOTICE OF ASSIGNMENT of Attorney Settlement Officer. John H Brinsley has been assigned to serve as Attorney Settlement Officer. (mb) |
| Filing 50 STIPULATION REGARDING SELECTION OF ATTORNEY SETTLEMENT OFFICER filed by and Counter Defendant Pestmaster Franchise Network Inc.(Whattoff, Kamala) Modified on 1/16/2009 (gg). |
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Filing 49
ORDER CONTINUING EXPERT DISCOVERY DATES by Judge Virginia A. Phillips: The Court hereby orders as follows: Initial expert designations shall be made on or before March 20, 2009; Rebuttal expert designations shall be made on or before April 3, 2009; and Expert depositions shall be completed on or before April 24, 2009. (am)
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| Filing 48 STIPULATION to Continue EXPERT DISCOVERY DATES from 1/2/09; 1/16/09; 2/27/09 to 3/20/09; 4/3/09; 4/24/09 filed by PLAINTIFF AND COUNTER-DEFENDANT Pestmaster Franchise Network Inc. (Attachments: #1 Declaration OF KAMALA S. HAAKE IN SUPPORT OF STIPULATION, #2 Proposed Order [PROPOSED] ORDER CONTINUING EXPERT DISCOVERY DATES)(Whattoff, Kamala) |
| Filing 47 Joint STIPULATION to Continue Date for Completion of Settlement Conference from November 24, 2008 to January 23, 2009 filed by Defendant and Counter-Claimant Paul Duncan, Premier Pest Control and Termite. (Attachments: #1 Proposed Order Proposed Order, #2 Declaration Declaration of Philip J. Azzara in Support of Stipulation to Continue Date for Completion of Settlement Conference)(Azzara, Philip) |
| Filing 46 NOTICE OF DISMISSAL filed by Plaintiff Pestmaster Franchise Network Inc pursuant to FRCP 41a(1) as to James Giles. (Whattoff, Kamala) |
| Filing 45 Notice of Withdrawal of Application for Default Judgment, #39 filed by Plaintiff and Cross-Defendant Pestmaster Franchise Network Inc. (Whattoff, Kamala) |
| Filing 44 MINUTES OF IN CHAMBERS ORDER TAKING APPLICATION FOR DEFAULT JUDGMENT AND PERMANENT INJUNCTION OFF CALENDAR held before Judge Virginia A. Phillips: COUNSEL ARE NOTIFIED that on the Court's own motion, the hearing on theApplication for Default Judgment and Permanent Injunction set for November 10,2008 at 10 a.m. is hereby taken off calendar. The matter is appropriate forresolution without hearing pursuant to Local Rule 7-15 and stands submitted on thepapers timely filed. (am) |
| Filing 43 DEFAULT BY CLERK ENTERED as to Cross Defendant James Giles. (mrgo) |
| Filing 42 NOTICE of Change of Attorney Information for attorney Kamala S Haake Whattoff counsel for Plaintiff Pestmaster Franchise Network Inc. Adding Kamala S. Haake Whattoff as attorney as counsel of record for Pestmaster Franchise Network, Inc. for the reason indicated in the G-06 Notice. Filed by Plaintiff Pestmaster Franchise Network, Inc. (Whattoff, Kamala) |
| Filing 41 REQUEST for Clerk to Enter Default against Cross-Defendant James Giles filed by Cross-Claimant Paul Duncan, Premier Pest Control and Termite. (Azzara, Philip) |
| Filing 40 DECLARATION of David H. Stern in support of APPLICATION for Default Judgment against Defendant James Giles (and Permanent Injunction by Court)APPLICATION for Default Judgment against Defendant James Giles (and Permanent Injunction by Court) #39 filed by Plaintiff Pestmaster Franchise Network Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration C)(Stern, David) |
| Filing 39 APPLICATION for Default Judgment against Defendant James Giles (and Permanent Injunction by Court) filed by Plaintiff and Cross-Defendant Pestmaster Franchise Network Inc. Application set for hearing on 11/10/2008 at 10:00 AM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order Proposed Default Judgment)(Stern, David) |
| Filing 38 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Cross Defendant James Giles #37 . The Clerk cannot enter the requested relief as Proof of service attached to Request for Default states counterclaim was served on cross-defendant. Need proof of service of cross-claim.. (mrgo) |
| Filing 37 REQUEST for Clerk to Enter Default against Cross Defendant James Giles filed by Cross Claimant Paul Duncan, Premier Pest Control and Termite. (Azzara, Philip) |
| Filing 36 NOTICE of Change of Attorney Information for attorney David H Stern counsel for Plaintiff Pestmaster Franchise Network Inc, Counter Defendant Pestmaster Franchise Network Inc. Changing Firm Name and Address to Winston & Strawn LLP, 333 S. Grand Avenue, 38th Floor, Los Angeles, CA 90071-1543. Changing E-mail, phone and fax numbers to dstern@winston.com / tel 213.615.1700 / fax 213.615.1750. Filed by Plaintiff Pestmaster Franchise Network, Inc. (Stern, David) |
| Filing 35 SUPPLEMENT to Scheduling Conference,, Set Deadlines, #33 , Joint Rule 26(f) Discovery Plan, Joint Rule 26(f) Discovery Plan #32 filed by Counter Claimants Paul Duncan, Premier Pest Control and Termite, Defendants Paul Duncan, Premier Pest Control and Termite. (Azzara, Philip) |
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Filing 34
SCHEDULING ORDER by Judge Virginia A. Phillips :( Discovery cut-off 2/27/2009., Motions due by 3/23/2009. Jury Trial set for 6/30/2009 at 08:30 AM before Judge Virginia A. Phillips. Pretrial Conference set for 6/22/2009 at 02:30 AM before Judge Virginia A. Phillips.) (mrgo)
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| Filing 33 MINUTES OF Scheduling Conference held before Judge Virginia A. Phillips: The parties shall file a joint report no later than 10 days after the settlement conference regarding the progress of mediation. The parties shall file on or before August 25, 2008 notifying the Court of their mediation election.( Last date to conduct settlement conference is 11/24/2008.)Court Reporter: Phyllis Preston. (mrgo) |
| Filing 32 JOINT REPORT Rule 26(f) Discovery Plan Federal Rule of Civil Procedure 26(f) Report ; estimated length of trial 6-10 days, filed by Plaintiff Pestmaster Franchise Network Inc, Counter Defendant Pestmaster Franchise Network Inc.. (Cahill, Andrew) |
| Filing 31 ANSWER Reply to Counterclaim of Paul Duncan and Premier Pest Control and Termite filed by Plaintiff and Counter-Defendant Pestmaster Franchise Network Inc.(Cahill, Andrew) |
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Filing 30
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DISMISSDEFENDANTS' COUNTERCLAIM by Judge Virginia A. Phillips, re MOTION to Dismiss Counterclaim #18 . (am)
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| Filing 29 MINUTES OF PLAINTIFFS MOTION TO DISMISS COUNTERCLAIM OF PAUL DUNCANAND PREMIER PEST CONTROL AND TERMITE Motion Hearing held before Judge Virginia A. Phillips: Court issues a tentative ruling, hears oral argument and takes the matter under submission.Court Reporter: Phyllis Preston. (am) |
| Filing 28 RESPONSE IN SUPPORT of MOTION to Dismiss Counterclaim of Paul Duncan and Premier Pest Control And Termite #18 filed by Plaintiff Pestmaster Franchise Network Inc, Counter Defendant Pestmaster Franchise Network Inc. (Stern, David) |
| Filing 27 DEFAULT BY CLERK ENTERED as to Defendant James Giles. (mrgo) |
| Filing 26 NOTICE OF LODGING filed re MOTION to Dismiss Counterclaim of Paul Duncan and Premier Pest Control And Termite #18 (Attachments: #1 Proposed Order Proposed Order Granting Pestmaster's Motion to Dismiss Duncan's and Premier Pest Control Termite's Counterclaim)(Cahill, Andrew) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Requests-under Motions & Related Filings. The docket entry requests default against defendants/counter-claimants Paul Duncan and Premier Pest Control but the image attached to #23 is requesting default as to James Giles. RE: REQUEST for Entry of Default against Defendants and Counter-Claimants Paul Duncan, Premier Pest Control and Termite #23 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mrgo) |
| Filing 24 Amended REQUEST for Clerk to Enter Default against Defendant James Giles filed by Plaintiff and Counter-Defendant Pestmaster Franchise Network Inc. (Cahill, Andrew) |
| Filing 23 REQUEST for Entry of Default against Defendants and Counter-Claimants Paul Duncan, Premier Pest Control and Termite filed by Plaintiff and Counter-Defendant Pestmaster Franchise Network Inc. Request set for hearing on 6/30/2008 at 10:00 AM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order (Link to Document No. 22))(Cahill, Andrew) |
| Filing 22 REQUEST for Default Judgment against Defendants and Counter-Claimants Paul Duncan and Premier Pest Control filed by Plaintiff and Counter-Defendant Pestmaster Franchise Network Inc. Request set for hearing on 6/30/2008 at 10:00 AM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order)(Cahill, Andrew) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Requests-under Motions & Related Filings. Requests for default by Clerk do not need to be set for hearing. The order attached to this entry refers to the motion to dismiss the counterclaim. Also the image requests default as to James Giles but the docket entry requests default as to Paul Duncan and Premier Pest Control and Termite RE: REQUEST for Entry of Default against defendant Paul Duncan, Premier Pest Control and Termite #19 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mrgo) |
| Filing 20 MEMORANDUM in Opposition to MOTION to Dismiss Counterclaim of Paul Duncan and Premier Pest Control And Termite #18 filed by Counter Claimants Paul Duncan, Premier Pest Control and Termite. (Azzara, Philip) |
| Filing 19 REQUEST for Entry of Default against defendant Paul Duncan, Premier Pest Control and Termite filed by Plaintiff Pestmaster Franchise Network Inc. Request set for hearing on 6/30/2008 at 10:00 AM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order)(Cahill, Andrew) |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Counterclaim of Paul Duncan and Premier Pest Control And Termite filed by Plaintiff Pestmaster Franchise Network Inc. Motion set for hearing on 6/30/2008 at 10:00 AM before Judge Virginia A. Phillips. (Cahill, Andrew) |
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Filing 17
ORDER SETTING SCHEDULING CONFERENCE by Judge Virginia A. Phillips: (Scheduling Conference set for 8/18/2008 01:30 PM before Judge Virginia A. Phillips) (ad)
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| Filing 16 CERTIFICATE of Interested Parties filed by Counter Claimants Paul Duncan, Premier Pest Control and Termite, Defendants Paul Duncan, Premier Pest Control and Termite, Cross Claimants Paul Duncan, Premier Pest Control and Termite. (Azzara, Philip) |
| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties RE: Answer to Complaint (Discovery) #11 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mrgo) |
| Filing 12 FIRST STIPULATION Extending Time to Answer the complaint as to James Giles answer now due 5/27/2008, filed by plaintiff Pestmaster Franchise Network Inc.(Cahill, Andrew) |
| Filing 15 CROSSCLAIM against Cross-defendants James Giles; Demand for Jury Trial,, filed by Cross-claimants Paul Duncan, Premier Pest Control and Termite.(am) Additional attachment(s) added on 5/16/2008 (am, ). |
| Filing 14 COUNTERCLAIM against Counter defendants Pestmaster Franchise Network Inc; Demand for Jury Trial,, filed by counterclaimant Paul Duncan, Premier Pest Control and Termite.(am) |
| 20 DAY Summons Issued re Crossclaim #15 as to cross defendant James Giles. (am) |
| Filing 11 ANSWER with JURY DEMAND filed by Defendants Paul Duncan, Premier Pest Control and Termite.(Azzara, Philip) |
| Filing 10 NOTICE of Change of Attorney Information for attorney Philip J Azzara counsel for Defendants Paul Duncan, Premier Pest Control and Termite. Lukasz I. Wozniak will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Lukasz I. Wozniak is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendants Paul Duncan and Premier Pest Control and Termite (Azzara, Philip) |
| Filing 9 NOTICE of Change of Attorney Information for attorney Philip J Azzara counsel for Defendants Paul Duncan, Premier Pest Control and Termite. Adding Philip J. Azzara as attorney as counsel of record for Defendants Paul Duncan and Premier Pest Control and Termite for the reason indicated in the G-06 Notice. Filed by Defendant Paul Duncan and Premier Pest Control and Termite (Azzara, Philip) |
| Filing 8 FIRST STIPULATION Extending Time to Answer the complaint as to Paul Duncan answer now due 5/15/2008; Premier Pest Control and Termite answer now due 5/15/2008, filed by Defendants Paul Duncan; Premier Pest Control and Termite.(Wozniak, Lukasz) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff Pestmaster Franchise Network Inc, upon Premier Pest Control and Termite served on 4/21/2008, answer due 5/11/2008. The Summons and Complaint were served by Personal Service, Substituted Service service, by Federal Rules of Civil Procedure statute, upon Natalie Garcia, Person in Charge, Authorized to accept service.. Due Dilligence declaration Due dilligence declaration is not attached.. Original Summons was not returned with the proof of service. (Cahill, Andrew) |
| Filing 6 PROOF OF SERVICE Executed by Plaintiff Pestmaster Franchise Network Inc, upon James Giles served on 4/26/2008, answer due 5/16/2008. The Summons and Complaint were served by Personal Service service, by Federal Rules of Civil Procedure statute, upon James Giles, an individual. Due Dilligence declaration no Due Dilligence declaration is attached.. Original Summons was not returned with the proof of service. (Cahill, Andrew) |
| Filing 5 PROOF OF SERVICE Executed by Plaintiff Pestmaster Franchise Network Inc, upon Paul Duncan served on 4/21/2008, answer due 5/11/2008. The Summons and Complaint were served by Personal Service, Substituted service, by Federal Rules of Civil Procedure statute, upon Natalie Garcia, Person in charge, Authorized to accept service. Due Dilligence declaration is not attached.. Original Summons was not returned with the proof of service. (Cahill, Andrew) |
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Filing 4
STANDING ORDER by Judge Virginia A. Phillips (See document for further information) (am)
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| Filing 3 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Pestmaster Franchise Network Inc. (am) Additional attachment(s) added on 4/16/2008 (am, ). |
| Filing 2 CERTIFICATION of Interested Parties filed by Plaintiff Pestmaster Franchise Network Inc. (am) Additional attachment(s) added on 4/16/2008 (am, ). |
| Filing 1 COMPLAINT against defendants Paul Duncan, James Giles, Premier Pest Control and Termite.(Filing fee $ 350) Demand for Jury Trial., filed by plaintiff Pestmaster Franchise Network Inc.(am) Additional attachment(s) added on 4/16/2008 (am, ). Additional attachment(s) added on 4/16/2008 (am, ). |
| 20 DAY Summons Issued re Complaint - (Discovery) #1 as to defendants Paul Duncan, James Giles, Premier Pest Control and Termite. (am) |
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