Haven Beauty Inc. v. Kim Kardashian et al
| Haven Beauty Inc. |
| Kim Kardashian, Khloe Kardashian, Kourtney Kardashian, Kimsaprincess Inc., Khlomoney Inc, 2Die4Kourt and Does 1-10, inclusive |
| 8:2016cv01307 |
| July 13, 2016 |
| US District Court for the Central District of California |
| Douglas F McCormick |
| James V Selna |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 39 NOTICE of Related Case(s) filed by Plaintiff Haven Beauty Inc.. Related Case(s): 2:19-cv-00952 (as well as 8:16-cv-01304(already related)) (Fayer, Gregory) |
| Filing 38 Notice of Appearance or Withdrawal of Counsel: for attorney Steven G Edwards counsel for Plaintiff Haven Beauty Inc.. Steven G. Edwards is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Plaintiff. (Edwards, Steven) |
| Filing 37 STATUS REPORT [JOINT] filed by Defendants 2Die4Kourt, Khloe Kardashian, Kim Kardashian, Kourtney Kardashian, Khlomoney Inc, Kimsaprincess Inc.. (Kump, Michael) |
Filing 36
MINUTES (IN CHAMBERS) ORDER Removing Action From Active Caseload; Order Directing the Parties to File Status Reports by Judge James V. Selna. This Court, having ordered the action stayed on October 27, 2016, hereby ORDERS this action removed from the active caseload pending said arbitration to be reinstated upon application of the parties. In order to permit the Court to monitor this action, the Court FURTHER ORDERS counsel to file a joint status report not later than January 31, 2017. Successive reports shall be filed every one hundred twenty (120) days thereafter. Each report must indicate the date on which the next report is due. (Made JS-6. Case Terminated.) (dro)
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Filing 35
MINUTE (IN CHAMBERS) Order to Show Cause Regarding Arbitration of Claims [Docket No. 30] by Judge James V. Selna: For the aforementioned reasons, Court denies the Plaintiffs request to compel the remaining Defendants to arbitration, and it stays all of the Plaintiffs claims against the remaining Defendants pending arbitration. See document for further information. (lwag)
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| Filing 34 (IN CHAMBERS) The Court, on its own motion, CONTINUES the Scheduling Conference, previously set for 10/17/2016 at 11:30 AM, to Monday, 11/7/2016 at 11:30 AM before Judge James V. Selna.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kt) TEXT ONLY ENTRY |
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Filing 33
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #31 filed by Haven Beauty Inc.. CCA # 16-56184. This appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. (mat)
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| Filing 32 NOTIFICATION by Circuit Court of Appellate Docket Number 16-56184, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals, #31 as to Plaintiff Haven Beauty Inc.. (mat) |
| Filing 31 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Haven Beauty Inc.. Appeal of Order on Motion for Temporary Restraining Order,,, #24 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-18394980.) (Attachments: #1 Representation Statement)(Fayer, Gregory) |
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Filing 30
MINUTE (IN CHAMBERS) Order on Order to Show Cause re: Arbitration by Judge James V. Selna: On July 19, 2016, the Court denied the Application of Haven Beauty, Inc.(Haven) for preliminary injunctive and other relief. (Docket No. 24.) At the same time, the Court ordered the parties to show cause in writing why this matter should not be ordered to arbitration in accordance with Paragraph 27A of the Agreement. Haven and Kim Kardashian et al. (Kardashian parties) have replied. (Docket Nos. 25, 26.) The parties agree that this dispute, and presumably the parallel case filed by the Kardashian parties, 2Die4Kourt v. Hillair Capital Management LLC, SACV 16-1304JVS, is subject to arbitration. Paragraph 27A excepts from arbitration any request for injunctive relief. Upon ruling on all pending applications for injunctive relief, the Court will stay the action and order the parties to arbitrate their disputes without further briefing. 9 U.S.C. 3, 4. (lwag)
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| Filing 29 STIPULATION Extending Time to Answer the complaint as to Khlomoney Inc answer now due 9/7/2016; Khloe Kardashian answer now due 9/7/2016; 2Die4Kourt answer now due 9/7/2016; Kim Kardashian answer now due 9/7/2016; Kourtney Kardashian answer now due 9/7/2016; Kimsaprincess Inc. answer now due 9/7/2016, re Amended Complaint/Petition #23 filed by Defendants Khlomoney Inc; Khloe Kardashian; 2Die4Kourt; Kim Kardashian; Kourtney Kardashian; Kimsaprincess Inc..(Kump, Michael) |
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Filing 28
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge James V. Selna. Rule 26 Meeting Report due by 10/11/2016. Scheduling Conference set for 10/17/2016 at 11:30 AM before Judge James V. Selna. (jlen)
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| Filing 27 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (jlen) |
| Filing 26 RESPONSE filed by Plaintiff Haven Beauty Inc. PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE RE: ARBITRATION AND REQUEST AND LEAVE TO FILE MOTION FOR PRELIMINARY INJUNCTION (King, Tyler) |
| Filing 25 RESPONSE filed by Defendants 2Die4Kourt, Khloe Kardashian, Kim Kardashian, Kourtney Kardashian, Khlomoney Inc, Kimsaprincess Inc.to Order on Motion for Temporary Restraining Order,,, #24 to Court's Order to Show Cause Re Submission of this Action to Arbitration; and Application to Stay This Action Pending Compelled Arbitration Pursuant to 9 U.S.C. Sections 3, 4 (Kump, Michael) |
| Filing 24 MINUTES (IN CHAMBERS) by Judge James V. Selna: Denying Plaintiff's Ex Parte Application for Temporary Restraining Order; Declining to Issue Order to Show Cause; and ORDER TO SHOW CAUSE Why Action Should Not Be Ordered for Arbitration re #5 . Having reviewed the Application of Haven Beauty, Inc. ("Haven") for preliminary injunctive and other relief (Docket No. 5) and the Opposition thereto by Kim Kardashian et al. ("Kardashian parties") (Docket No. 20), the Court enters the following Order: 1. The Court denies the application for a temporary restraining order. 2. For like reasons, the Court declines to issue an order show cause. 3. The parties are ordered to show cause in writing within ten days why this matter should not be ordered to arbitration in accordance with Paragraph 27A of the Agreement.(see document for further details) (mba) |
| Filing 23 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Haven Beauty Inc.(King, Tyler) |
| Filing 22 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 . (dv) |
| Filing 21 NOTICE of Related Case(s) filed by Defendants 2Die4Kourt, Khloe Kardashian, Kim Kardashian, Kourtney Kardashian, Khlomoney Inc, Kimsaprincess Inc.. Related Case(s): 8:16-cv-01304 JVS (DFMx) (Kump, Michael) |
| Filing 20 MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re: Preliminary Injunction #5 filed by Defendants 2Die4Kourt, Khloe Kardashian, Kim Kardashian, Kourtney Kardashian, Khlomoney Inc, Kimsaprincess Inc.. (Attachments: #1 Declaration Declarations of Kim Kardashian West and Todd Wilson with Exhibits, #2 Exhibit Exhibits A through I)(Kump, Michael) |
| Filing 19 NOTICE re: Notice of Ex Parte Application Re TRO and OSC Re Preliminary Injunction filed by plaintiff Haven Beauty Inc.. (Attachments: #1 Declaration of Steven G. Edwards, #2 Exhibit A to Edwards Declaration, #3 Exhibit B to Edwards Declaration, #4 Exhibit C to Edwards Declaration, #5 Exhibit D to Edwards Declaration)(Fayer, Gregory) |
| Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Michael J Kump counsel for Defendants 2Die4Kourt, Khloe Kardashian, Kim Kardashian, Kourtney Kardashian, Khlomoney Inc, Kimsaprincess Inc.. Adding Michael J. Kump as counsel of record for Kim Kardashian, Khloe Kardashian, Kourtney Kardashian, Kimsaprincess Inc., Khlomoney, Inc. and 2Die4Kourt for the reason indicated in the G-123 Notice. Filed by Defendants Kim Kardashian, Khloe Kardashian, Kourtney Kardashian, Kimsaprincess Inc., Khlomoney Inc. and 2Die4Kourt. (Attorney Michael J Kump added to party 2Die4Kourt(pty:dft), Attorney Michael J Kump added to party Khloe Kardashian(pty:dft), Attorney Michael J Kump added to party Kim Kardashian(pty:dft), Attorney Michael J Kump added to party Kourtney Kardashian(pty:dft), Attorney Michael J Kump added to party Khlomoney Inc(pty:dft), Attorney Michael J Kump added to party Kimsaprincess Inc.(pty:dft))(Kump, Michael) |
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Filing 17
MINUTE ORDER (IN CHAMBERS) by Judge James V. Selna: re: Plaintiff's Ex Parte Application for Temporary Restraining Order etc #5 . Having reviewed the Application of Haven Beauty, Inc. ("Haven") for preliminary injunctive and other relief (Docket No. 5), the Court enters the following Order: Notwithstanding paragraph 27B of the License Agreement, the Court is not prepared to issue a temporary restraining order in the absence of notice and the usual 24 waiting period for a response. There is no showing of spoliation or other conduct which warrants dispensing with notice. The Court is prepared to issue the Order to Show Cause. However, the electronic version of the proposed order submitted to the Courtroom Deputy has blanks and parenthetical questions as to what relief should be sought. Haven shall submit a new and complete proposed order promptly. (mba)
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| Filing 16 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Haven Beauty Inc.. (Fayer, Gregory) |
| Filing 15 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) |
| Filing 14 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 13 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Douglas F. McCormick. (esa) |
| Filing 12 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Haven Beauty Inc.. (Fayer, Gregory) |
| Filing 11 NOTICE OF LODGING filed re EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re: Preliminary Injunction #5 (Attachments: #1 Proposed Order Proposed Order Granting Ex Parte Application, #2 Proposed Order Granting Order to Show Cause)(Fayer, Gregory) |
| Filing 10 REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re: Preliminary Injunction #5 filed by Plaintiff Haven Beauty Inc.. (Attachments: #1 Exhibit 60, #2 Exhibit 61, #3 Exhibit 62, #4 Exhibit 63, #5 Exhibit 64, #6 Exhibit 65, #7 Exhibit 66, #8 Exhibit 67, #9 Exhibit 68, #10 Exhibit 69, #11 Exhibit 70, #12 Exhibit 71, #13 Exhibit 72, #14 Exhibit 73, #15 Exhibit 74, #16 Exhibit 75, #17 Exhibit 76, #18 Exhibit 77, #19 Exhibit 78, #20 Exhibit 79, #21 Exhibit 80, #22 Exhibit 81, #23 Exhibit 82, #24 Exhibit 83, #25 Exhibit 84, #26 Exhibit 85, #27 Exhibit 86)(Fayer, Gregory) |
| Filing 9 DECLARATION of Sean M. McAvoy in support of EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re: Preliminary Injunction #5 filed by Plaintiff Haven Beauty Inc.. (Attachments: #1 Exhibit 52, #2 Exhibit 53, #3 Exhibit 54, #4 Exhibit 55, #5 Exhibit 56, #6 Exhibit 57, #7 Exhibit 58, #8 Exhibit 59)(Fayer, Gregory) |
| Filing 8 DECLARATION of Jeanene Morgan in support of EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re: Preliminary Injunction #5 filed by Plaintiff Haven Beauty Inc.. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29, #10 Exhibit 30, #11 Exhibit 31, #12 Exhibit 32, #13 Exhibit 33, #14 Exhibit 34, #15 Exhibit 35, #16 Exhibit 36, #17 Exhibit 37, #18 Exhibit 38, #19 Exhibit 39, #20 Exhibit 40, #21 Exhibit 41, #22 Exhibit 42, #23 Exhibit 43, #24 Exhibit 44, #25 Exhibit 45, #26 Exhibit 46, #27 Exhibit 47, #28 Exhibit 48, #29 Exhibit 49, #30 Exhibit 50, #31 Exhibit 51)(Fayer, Gregory) |
| Filing 7 DECLARATION of Gregory A. Fayer in support of EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re: Preliminary Injunction #5 filed by Plaintiff Haven Beauty Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 87)(Fayer, Gregory) |
| Filing 6 MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re: Preliminary Injunction #5 filed by Plaintiff Haven Beauty Inc.. (Fayer, Gregory) |
| Filing 5 EX PARTE APPLICATION for Temporary Restraining Order as to Order to Show Cause Re: Preliminary Injunction filed by Plaintiff Haven Beauty Inc.. (Fayer, Gregory) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Haven Beauty Inc., (Fayer, Gregory) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Haven Beauty Inc.. (Fayer, Gregory) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Haven Beauty Inc.. (Fayer, Gregory) |
| Filing 1 COMPLAINT Receipt No: 0973-18182327 - Fee: $400, filed by Plaintiff Haven Beauty Inc.. (Attorney Gregory Alan Fayer added to party Haven Beauty Inc.(pty:pla))(Fayer, Gregory) |
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