Ficto, Inc. v. Fiction Riot, LLC et al
Plaintiff: Ficto, Inc.
Defendant: Fiction Riot, LLC and Michael Esola
Case Number: 8:2020cv00871
Filed: May 7, 2020
Court: US District Court for the Central District of California
Presiding Judge: John D Early
Referring Judge: James V Selna
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2020 Filing 43 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Amended Complaint/Petition #15 filed by Defendants Michael Esola, Fiction Riot, LLC. (Attachments: #1 Proposed Order Extension of Time (30 Days))(Wander, Perry)
June 24, 2020 Opinion or Order Filing 42 DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying #41 PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO FILE MOTION UNDER SEAL. (see document for details.) (es)
June 22, 2020 Filing 41 EX PARTE APPLICATION to File Motion Under Seal filed by Plaintiff Ficto, Inc.. (Attachments: #1 Declaration In Support Of Plaintiff's Application to File Motion Under Seal, #2 Proposed Order Granting Leave to File Motion Under Seal) (Samini, Bobby)
June 16, 2020 Opinion or Order Filing 40 DENIED BY ORDER OF THE COURT by Judge James V. Selna: Denying #24 PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION (es)
June 15, 2020 Filing 39 OBJECTION TO DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S REPLY IN SUPPORT OF EX PARTE APPLICATION re EX PARTE APPLICATION for Temporary Restraining Order as to Trademark Infringement, Trade Name Infringement, Misappropriation of Trade Secrets, False Designation of Origin, Unfair Competition, Cyberpiracy, Breach of Fiduciary Duty, Breach of Contract 24 filed by Plaintiff Ficto, Inc.. (Samini, Bobby)
June 15, 2020 Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents), #33 . The following error(s) was/were found: Incorrect document is attached to the docket entry. 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. (es)
June 15, 2020 Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents), #32 , Service of Summons and Complaint Returned Executed (21 days), #29 , Proof of Service (subsequent documents) #30 , Proof of Service (subsequent documents) #31 , Service of Summons and Complaint Returned Executed (21 days), #28 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): Case 2:20-cv-4165 was terminated and assigned New Case number 8:20-cv-00871-JVS-JDEx [See Dkt. 5] All future filings should reflect this case number. No further action required. 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. (es)
June 15, 2020 Filing 36 DECLARATION of Perry C. Wander in Support of Motion to Strike Reply and Issuance of OSC Re: Sanctions against Plaintiff's counsel EX PARTE APPLICATION for Temporary Restraining Order as to Trademark Infringement, Trade Name Infringement, Misappropriation of Trade Secrets, False Designation of Origin, Unfair Competition, Cyberpiracy, Breach of Fiduciary Duty, Breach of Contract 24 filed by Defendants Michael Esola, Fiction Riot, LLC. (Wander, Perry)
June 13, 2020 Filing 35 REPLY in support EX PARTE APPLICATION for Temporary Restraining Order as to Trademark Infringement, Trade Name Infringement, Misappropriation of Trade Secrets, False Designation of Origin, Unfair Competition, Cyberpiracy, Breach of Fiduciary Duty, Breach of Contract 24 filed by Plaintiff Ficto, Inc.. (Attachments: #1 Declaration Supplemental Declaration in Support of Reply)(Samini, Bobby)
June 12, 2020 Filing 34 MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to Trademark Infringement, Trade Name Infringement, Misappropriation of Trade Secrets, False Designation of Origin, Unfair Competition, Cyberpiracy, Breach of Fiduciary Duty, Breach of Contract 24 , EX PARTE APPLICATION to Exceed Page Limitation Memorandum of Points & Authorities for TRO Application #21 filed by Defendants Michael Esola, Fiction Riot, LLC. (Attachments: #1 Declaration Declaration of Michael Esola, #2 Exhibit Exhibits in Support of Declaration of Michael Esola)(Attorney Perry C Wander added to party Michael Esola(pty:dft), Attorney Perry C Wander added to party Fiction Riot, LLC (pty:dft))(Wander, Perry)
June 12, 2020 Filing 33 DECLARATION OF SERVICE filed by Plaintiff Ficto, Inc., re Intradistrict Transfer - Clerical Error (G-73) - optional html form, #5 , Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) #16 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , EX PARTE APPLICATION for Temporary Restraining Order as to Trademark Infringement, Trade Name Infringement, Misappropriation of Trade Secrets, False Designation of Origin, Unfair Competition, Cyberpiracy, Breach of Fiduciary Duty, Breach of Contract 24 , Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) #13 , Initial Order Setting R26 Scheduling Conference - form only #23 , Initial Order upon Filing of Complaint - form only #14 , Notice of Assignment to United States Judges(CV-18) - optional html form #6 , EX PARTE APPLICATION to Exceed Page Limitation Memorandum of Points & Authorities for TRO Application #21 , Order on Motion for Leave to File Excess Pages #22 , Declaration (Motion related), #25 served on 6/11/2020. (Samini, Bobby)
June 12, 2020 Filing 32 DECLARATION OF SERVICE filed by Plaintiff Ficto, Inc., re Intradistrict Transfer - Clerical Error (G-73) - optional html form, #5 , Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) #16 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , EX PARTE APPLICATION for Temporary Restraining Order as to Trademark Infringement, Trade Name Infringement, Misappropriation of Trade Secrets, False Designation of Origin, Unfair Competition, Cyberpiracy, Breach of Fiduciary Duty, Breach of Contract 24 , Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) #13 , Initial Order Setting R26 Scheduling Conference - form only #23 , Initial Order upon Filing of Complaint - form only #14 , Notice of Assignment to United States Judges(CV-18) - optional html form #6 , EX PARTE APPLICATION to Exceed Page Limitation Memorandum of Points & Authorities for TRO Application #21 , Order on Motion for Leave to File Excess Pages #22 , Declaration (Motion related), #25 served on 6/11/2020. (Samini, Bobby)
June 12, 2020 Filing 31 DECLARATION OF SERVICE filed by Plaintiff Ficto, Inc., re Summons Issued #19 , Amended Complaint/Petition #15 served on 6/11/2020. (Samini, Bobby)
June 12, 2020 Filing 30 DECLARATION OF SERVICE filed by Plaintiff Ficto, Inc., re Summons Issued #20 , Amended Complaint/Petition #15 served on 6/11/2020. (Samini, Bobby)
June 12, 2020 Filing 29 PROOF OF SERVICE Executed by Defendant Ficto, Inc., upon Defendant Michael Esola served on 6/11/2010, answer due 7/2/2010. Service of the Summons and Complaint were executed upon Michael Esola in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Samini, Bobby)
June 12, 2020 Filing 28 PROOF OF SERVICE Executed by Plaintiff Ficto, Inc., upon Defendant Fiction Riot, LLC served on 6/11/2020, answer due 7/2/2020. Service of the Summons and Complaint were executed upon Michael Esola, CEO in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Samini, Bobby)
June 12, 2020 Filing 27 [IN CHAMBERS] Text Only Entry: The Court strikes the minute order issued this date, 6/12/2020, Docket 26, as being issued in error. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY
June 12, 2020 Opinion or Order Filing 26 [STRICKEN] MINUTE ORDER [IN CHAMBERS] ORDER STRIKING BRIEF by Judge James V. Selna: Ficto, Inc. ("Ficto") has applied to the Court for a temporary restraining order and order to show cause why a preliminary injunction should not issue. (Docket No. 24.) The supporting memorandum and the factual recitations in the application portion is exceed the page limitations in the Local Rules. (Local Rule 11-6.) The Court strikes the brief at Docket No. 24, but not the subentries. (es) Modified on 6/12/2020 (lb).
June 12, 2020 Filing 25 DECLARATION of Christopher Louie In Support of EX PARTE APPLICATION for Temporary Restraining Order as to Trademark Infringement, Trade Name Infringement, Misappropriation of Trade Secrets, False Designation of Origin, Unfair Competition, Cyberpiracy, Breach of Fiduciary Duty, Breach of Contract 24 filed by Plaintiff Ficto, Inc.. (Samini, Bobby)
June 12, 2020 Filing 24 EX PARTE APPLICATION for Temporary Restraining Order as to Trademark Infringement, Trade Name Infringement, Misappropriation of Trade Secrets, False Designation of Origin, Unfair Competition, Cyberpiracy, Breach of Fiduciary Duty, Breach of Contract filed by Plaintiff Ficto, Inc.. (Attachments: #1 Declaration of Arman Ariane, #2 Declaration of Jaon Briscoe, #3 Declaration of Camille Landau, #4 Declaration of Jason Briscoe, #5 Declaration of Douglas Roland, #6 Declaration of Keyvan Samini, #7 Declaration of Bobby Samini Re: Notice, #8 Proposed Order Granting TRO and OSC Re: Preliminary Injunction) (Samini, Bobby)
June 1, 2020 Opinion or Order Filing 23 Order Setting Rule 26(f) Scheduling Conference set for 8/3/2020 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 7/27/2020. (lb)
May 29, 2020 Opinion or Order Filing 22 ORDER GRANTING EX PARTE APPLICATION for Leave to File Excess Pages #21 (lb)
May 29, 2020 Filing 21 EX PARTE APPLICATION to Exceed Page Limitation Memorandum of Points & Authorities for TRO Application filed by Plaintiff Ficto, Inc.. (Attachments: #1 Declaration Declaration of Bobby Samini, #2 Declaration Declaration of Keyvan Samini, #3 Proposed Order Proposed Order) (Samini, Bobby)
May 21, 2020 Filing 20 21 DAY Summons Issued re Amended Complaint/Petition #15 as to Defendant Fiction Riot, LLC. (es)
May 21, 2020 Filing 19 21 DAY Summons Issued re Amended Complaint/Petition #15 as to Defendant Michael Esola. (es)
May 20, 2020 Filing 18 Request for Clerk to Issue Summons on Amended Complaint/Petition #15 filed by Plaintiff Ficto, Inc.. (Samini, Bobby)
May 20, 2020 Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition #15 filed by Plaintiff Ficto, Inc.. (Samini, Bobby)
May 20, 2020 Filing 16 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Ficto, Inc.. (Samini, Bobby)
May 20, 2020 Filing 15 FIRST AMENDED COMPLAINT against Defendants Fiction Riot, LLC amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Ficto, Inc. (Samini, Bobby)
May 11, 2020 Filing 14 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb)
May 10, 2020 Filing 13 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Ficto, Inc.. (Samini, Bobby)
May 10, 2020 Filing 12 CERTIFICATE of Interested Parties filed by Plaintiff Ficto, Inc., (Samini, Bobby)
May 8, 2020 Filing 11 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)
May 8, 2020 Filing 10 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . 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. (car)
May 8, 2020 Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Fiction Riot, LLC. (car)
May 8, 2020 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Michael Esola. (car)
May 8, 2020 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
May 8, 2020 Filing 6 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge John D. Early. (car)
May 8, 2020 Filing 5 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Southern Division. Case has been assigned to Judge James V. Selna for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to John D. Early. New Case Number 8:20-cv-00871-JVS-JDEx. (car)
May 7, 2020 Filing 4 CIVIL COVER SHEET filed by Plaintiff Ficto Inc,. (Samini, Bobby)
May 7, 2020 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Ficto Inc,. (Samini, Bobby)
May 7, 2020 Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Ficto Inc,. (Samini, Bobby)
May 7, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-26364777 - Fee: $400, filed by Plaintiff Ficto Inc,. (Attachments: #1 Exhibit Exhibit A to Complaint) (Attorney Bobby Samini added to party Ficto Inc,(pty:pla))(Samini, Bobby)

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Defendant: Fiction Riot, LLC
Represented By: Perry C Wander
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Defendant: Michael Esola
Represented By: Perry C Wander
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Plaintiff: Ficto, Inc.
Represented By: Nicole C Prado
Represented By: Bobby Samini
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