Starbuzz Tobacco, Inc. v. Bestore Europe Holding GMBH et al
Plaintiff: Starbuzz Tobacco, Inc.
Defendant: Mist Vapor USA, Inc., Joyetech USA, Inc., Bestore Inc., Bestore Europe Holding GMBH and Does 1-10, inclusive
Case Number: 8:2017cv02039
Filed: November 21, 2017
Court: US District Court for the Central District of California
Presiding Judge: David O Carter
Referring Judge: Douglas F McCormick
Nature of Suit: Trademark
Cause of Action: 15:1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2019 Opinion or Order Filing 41 ORDER DISMISSING ENTIRE ACTION AGAINST ALL PARTIES WITH PREJUDICE #40 by Judge David O. Carter. (yl)
January 9, 2019 Filing 40 Joint REQUEST to Dismiss Case (all claims and counterclaims against all parties) filed by Plaintiff and Counter-Defendant Starbuzz Tobacco, Inc.. (Attachments: #1 Proposed Order) (Patel, Natu)
December 4, 2018 Filing 39 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (twdb)
December 3, 2018 Opinion or Order Filing 38 ORDER RE: STIPULATED PERMANENT INJUNCTION #37 by Judge David O. Carter. It Is Hereby Ordered that Defendants are hereby permanently enjoined from engaging in, committing, or performing, directly or indirectly, any and all of the following conduct: SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
November 30, 2018 Filing 37 Joint STIPULATION for Permanent Injunction filed by Plaintiff Starbuzz Tobacco, Inc.. (Attachments: #1 Exhibit A - Proposed Permanent Injunction)(Patel, Natu)
October 19, 2018 Opinion or Order Filing 36 ORDER DISMISSING CIVIL CASE: The Court, having been notified by counsel for the parties that this action has been settled re Notice of Settlement #35 , hereby orders this action DISMISSED without prejudice. The Court hereby orders all proceedings in the case VACATED and taken off calendar. The Court retains jurisdiction for forty-five (45) days to vacate this order and reopen the action upon showing of good cause that the settlement has not been consummated. (Made JS-6. Case Terminated.) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
October 19, 2018 Filing 35 NOTICE of Settlement filed by Plaintiff and Counter-Defendant Starbuzz Tobacco, Inc.. (Patel, Natu)
July 9, 2018 Opinion or Order Filing 34 PROTECTIVE ORDER GOVERNING DISCLOSURE OF CONFIDENTIAL INFORMATION by Magistrate Judge Douglas F. McCormick. (See document for further details.) #33 (sbou)
June 28, 2018 Filing 33 Joint STIPULATION for Protective Order filed by Plaintiff Starbuzz Tobacco, Inc.. (Attachments: #1 Exhibit 1 - Proposed Protective Order)(Patel, Natu)
May 1, 2018 Opinion or Order Filing 32 SCHEDULING ORDER & ORDER RE: PRETRIAL AND TRIAL PROCEDURES by Judge David O. Carter: Fact Discovery cut-off 11/27/2018, Expert Discovery cut-off 3/1/2019, Initial Reports: 12/27/2018, Rebuttal Reports: 1/26/2019, Motion cut-off 5/6/2019, Final Pretrial Conference set for 6/10/2019 @ 8:30 AM before Judge David O. Carter, Jury Trial set for 6/25/2019 @ 8:30 AM before Judge David O. Carter. (dgo)
May 1, 2018 Opinion or Order Filing 31 ORDER/REFERRAL to ADR Procedure No 3 by Judge David O. Carter. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (dgo)
April 30, 2018 Filing 30 MINUTES OF Scheduling Conference held before Judge David O. Carter: Scheduling Order to be issued. Court Reporter: CourtSmart; Courtroom Deputy: Deborah Lewman; Plaintiff Attorney: Natu J. Patel, Daniel H. Ngai; Defendant Attorney: Evan William Woolley; Time in Court: :16. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (dgo)
April 16, 2018 Filing 29 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 to 6 days, filed by Plaintiff Starbuzz Tobacco, Inc... (Patel, Natu)
March 6, 2018 Filing 28 ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #22 with JURY DEMAND filed by Counter-Defendant Starbuzz Tobacco, Inc..(Patel, Natu)
February 20, 2018 Filing 27 AMENDED ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendants Bestore Europe Holding GMBH, Bestore Inc., Joyetech USA, Inc.. (Woolley, Evan)
February 14, 2018 Opinion or Order Filing 26 ORDER by Judge David O. Carter: Granting Plaintiff an Extension to File A Response to Defendants' Answer and Counterclaim #25 (mt)
February 14, 2018 Filing 25 Joint STIPULATION for Extension of Time to File Response as to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #22 filed by Plaintiff Starbuzz Tobacco, Inc.. (Attachments: #1 Proposed Order)(Patel, Natu)
January 29, 2018 Opinion or Order Filing 24 ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 4/30/2018 @ 8:30 AM before Judge David O. Carter. (dgo)
January 29, 2018 Filing 23 CERTIFICATE of Interested Parties filed by Defendants Bestore Europe Holding GMBH, Bestore Inc., Joyetech USA, Inc., identifying Joytech USA, Inc., Bestore, Inc., Bestore Europe Holding GMBH, Starbuz Tobacco, Inc., Joyetech Europe Holding GmbH, Bestore International Holding Co. Ltd.. (Woolley, Evan)
January 29, 2018 Filing 22 ANSWER to Complaint (Attorney Civil Case Opening), #1 and, COUNTERCLAIM against Starbuzz Tobacco, Inc. filed by Defendants Joyetech USA, Inc., Bestore Europe Holding GMBH, Bestore Inc..(Attorney Evan William Woolley added to party Bestore Europe Holding GMBH(pty:dft))(Woolley, Evan)
January 25, 2018 Filing 21 PROOF OF SERVICE Executed by Plaintiff Starbuzz Tobacco, Inc., upon Defendant Bestore Europe Holding GMBH served on 1/20/2018, answer due 2/12/2018. Service of the Summons and Complaint were executed upon Lenny Huang, Esq., attorney for Defendant Bestore Europe Holding GMBH, and authorized agent for service of process in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (Patel, Natu)
December 18, 2017 Opinion or Order Filing 20 ORDER by Judge David O. Carter, Granting Stipulation to Extend Time to Answer (More than 30 days), #19 . IT IS HEREBY ORDERED: That defendants Joyetech USA, Inc.s and Bestore Inc.s appearance, answer and/or response to plaintiff Starbuzz Tobacco, Inc.s complaint in Case No. 8:17- CV-02039-DOCDFM shall be due on January 29, 2018. (twdb)
December 15, 2017 Filing 19 STIPULATION for Extension of Time to File Answer to January 29, 2018 re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Bestore Inc., Joyetech USA, Inc.. (Attachments: #1 Proposed Order)(Attorney Evan William Woolley added to party Bestore Inc.(pty:dft), Attorney Evan William Woolley added to party Joyetech USA, Inc.(pty:dft))(Woolley, Evan)
December 14, 2017 Filing 18 PROOF OF SERVICE Executed by Plaintiff Starbuzz Tobacco, Inc., upon Defendant Mist Vapor USA, Inc. served on 12/7/2017, answer due 12/28/2017. Service of the Summons and Complaint were executed upon Ed Doss, Clerk in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Patel, Natu)
December 14, 2017 Filing 17 PROOF OF SERVICE Executed by Plaintiff Starbuzz Tobacco, Inc., upon Defendant Joyetech USA, Inc. served on 12/7/2017, answer due 12/28/2017. Service of the Summons and Complaint were executed upon Katie Martin, Wholesale Supervisor in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Patel, Natu)
December 14, 2017 Filing 16 PROOF OF SERVICE Executed by Plaintiff Starbuzz Tobacco, Inc., upon Defendant Bestore Inc. served on 11/27/2017, answer due 12/18/2017. Service of the Summons and Complaint were executed upon Mike Zhang, Chief Operations Officer in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Patel, Natu)
November 29, 2017 Opinion or Order Filing 15 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (dgo)
November 22, 2017 Filing 14 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Bestore Inc. (et)
November 22, 2017 Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Mist Vapor USA, Inc. (et)
November 22, 2017 Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Joyetech USA, Inc. (et)
November 22, 2017 Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Bestore Europe Holding GMBH. (et)
November 22, 2017 Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
November 22, 2017 Filing 9 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Douglas F. McCormick. (et)
November 21, 2017 Filing 8 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Starbuzz Tobacco, Inc.. (Patel, Natu)
November 21, 2017 Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Starbuzz Tobacco, Inc.. (Patel, Natu)
November 21, 2017 Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Starbuzz Tobacco, Inc.. (Patel, Natu)
November 21, 2017 Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Starbuzz Tobacco, Inc.. (Patel, Natu)
November 21, 2017 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Starbuzz Tobacco, Inc.. (Patel, Natu)
November 21, 2017 Filing 3 NOTICE of Interested Parties filed by Plaintiff Starbuzz Tobacco, Inc., (Patel, Natu)
November 21, 2017 Filing 2 CIVIL COVER SHEET filed by Plaintiff Starbuzz Tobacco, Inc.. (Patel, Natu)
November 21, 2017 Filing 1 COMPLAINT Receipt No: 0973-20864808 - Fee: $400, filed by Plaintiff Starbuzz Tobacco, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Attorney Natu J Patel added to party Starbuzz Tobacco, Inc.(pty:pla))(Patel, Natu)

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Plaintiff: Starbuzz Tobacco, Inc.
Represented By: Natu J Patel
Represented By: Daniel H Ngai
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Defendant: Mist Vapor USA, Inc.
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Defendant: Joyetech USA, Inc.
Represented By: Evan William Woolley
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Defendant: Bestore Inc.
Represented By: Evan William Woolley
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Defendant: Bestore Europe Holding GMBH
Represented By: Evan William Woolley
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Defendant: Does 1-10, inclusive
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