Federal Trade Commission v. QYK Brands LLC et al
| Federal Trade Commission |
| DRJSNATURAL LLC, QYK Brands LLC doing business as Glowyy, Rakesh Tammabattula and Jacqueline Thao Nguyen |
| 8:2020cv01431 |
| August 4, 2020 |
| US District Court for the Central District of California |
| Karen E Scott |
| Josephine L Staton |
| Other Statutory Actions |
| 15 U.S.C. § 0045 |
| None |
Docket Report
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| Filing 39 AMENDED ANSWER to Complaint (Attorney Civil Case Opening) #1 for Permanent Injunction and Other Equitable Relief filed by defendants DRJSNATURAL LLC, Jacqueline Thao Nguyen, QYK Brands LLC, Rakesh Tammabattula. (Boykins, Tahir) |
| Filing 38 DEMAND for Jury Trial filed by defendants DRJSNATURAL LLC, Jacqueline Thao Nguyen, QYK Brands LLC, Rakesh Tammabattula.. (Boykins, Tahir) |
| Filing 37 Defendants' L.R. 7.1-1 NOTICE of Interested Parties filed by defendants DRJSNATURAL LLC, Jacqueline Thao Nguyen, QYK Brands LLC, Rakesh Tammabattula, (Boykins, Tahir) |
| Filing 36 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer #33 by Judge Josephine L. Staton. In accordance with the Notice to Filer of Deficiencies In Electronically Filed Documents, it is hereby ORDERED that the document is accepted as filed. However, counsel must consult the Notice to Filer of Deficiencies #35 and file a Notice of Interested Parties no later than **September 16, 2020.** Failure to do so may result in the Answer being STRICKEN. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint filed by defendants DRJSNATURAL LLC, Jacqueline Thao Nguyen, QYK Brands LLC, Rakesh Tammabattula #33 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. (2) Counsel must comply with Local Rule 7.1-1. 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. (jp) |
Filing 34
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference set for 11/13/2020 at 10:30 a.m. See Order for details. (mku)
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| Filing 33 ANSWER to Complaint (Attorney Civil Case Opening) #1 for Permanent Injunction and Other Equitable Relief filed by defendants DRJSNATURAL LLC, Jacqueline Thao Nguyen, QYK Brands LLC, Rakesh Tammabattula.(Boykins, Tahir) |
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Filing 32
ORDER GRANTING Stipulation Nunc Pro Tunc to Extend Time to Respond to Initial Complaint by Not More Than 30 Days (L.R. 8-3) #31 by Judge Josephine L. Staton. The above stipulation is granted nunc pro tunc to reflect an extension of time from 8/26/2020 to 9/9/2020, for Defendant to answer, move against, or otherwise respond to Plaintiff's Complaint. (jp)
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| Filing 31 Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) #1 filed by defendants Rakesh Tammabattula, QYK Brands LLC, DRJSNATURAL LLC, Jacqueline Thao Nguyen.(Attorney Tahir Lynn Boykins added to party DRJSNATURAL LLC (pty:dft), Attorney Tahir Lynn Boykins added to party Jacqueline Thao Nguyen(pty:dft), Attorney Tahir Lynn Boykins added to party QYK Brands LLC(pty:dft), Attorney Tahir Lynn Boykins added to party Rakesh Tammabattula(pty:dft))(Boykins, Tahir) |
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Filing 30
ORDER GRANTING STIPULATED PRELIMINARY INJUNCTION AND VACATING HEARING ON ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE #29 by Judge Josephine L. Staton. See order for further information. (lom)
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| Filing 29 STIPULATION for Preliminary Injunction filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order Stipulated Preliminary Injunction)(Johnson, Katherine) |
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Filing 28
STIPULATED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE by Judge Josephine L. Staton: NOTE: CHANGES MADE BY THE COURT. The Court has changed the date of the hearing and, accordingly, the dates on which briefing is due. IT IS THEREFORE ORDERED that Defendants, Defendants' officers, agents, employees and attorneys, and all other persons in active concert or participation with any of them, who receive actual notice of this Order, whether acting directly or indirectly, in connection with the sale of any Covered PPE Product or Covered Dietary Supplement, by mail, via the internet, or by telephone, are temporarily restrained and enjoined. IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(b), Defendants shall appear before this Court on September 4, 2020, at 10:30 a.m., to show cause, if there is any, why this Court should not enter a preliminary injunction, pending final ruling on the Complaint against Defendants, enjoining the violations of the law alleged in the Complaint and imposing such additional relief as may be appropriate. IT IS FURTHER ORDERED that, because the Court's calendar cannot accommodate a hearing within fourteen (14) days, this Order shall expire on the day of the hearing on the Order to Show Cause why a preliminary injunction should not issue, September 4, 2020. (see document for further details) (bm)
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| Filing 27 CERTIFICATE OF SERVICE filed by Plaintiff Federal Trade Commission, re Motion Related Document, #26 Stipulation to Entry of TRO and Proposed Order served on August 7, 2020. (Tillman, Kristy) |
| Filing 26 STIPULATION FOR TEMPORARY RESTRAINING ORDER re EX PARTE APPLICATION for Temporary Restraining Order as to Deceptive Practices in Violation of Sections 5 and 12 of the Federal Trade Commission Act #6 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order Proposed Stipulated Temporary Restraining Order)(Tillman, Kristy) |
| Filing 25 DECLARATION of Katherine Johnson re Minutes of In Chambers Order/Directive - no proceeding held,, #14 re Notice of Defendants' Intent to Oppose TRO filed by Plaintiff Federal Trade Commission. (Vinzon, Delilah) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Jacqueline Thao Nguyen served on 8/5/2020, answer due 8/26/2020. Service of the Summons and Complaint were executed upon Jacqueline Thao Nguyen, individually and as an officer of QYK BRANDS LLC and DRJSNATURAL, LLC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Vinzon, Delilah) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Rakesh Tammabattula served on 8/5/2020, answer due 8/26/2020. Service of the Summons and Complaint were executed upon Rakesh Tammabattula, Individually and as an officer of QYK BRANDS, LLC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Vinzon, Delilah) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant DRJSNATURAL LLC served on 8/5/2020, answer due 8/26/2020. Service of the Summons and Complaint were executed upon Jacqueline Thao Nguyen, as an officer of DRJSNATURAL, LLC in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Vinzon, Delilah) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant QYK Brands LLC served on 8/5/2020, answer due 8/26/2020. Service of the Summons and Complaint were executed upon Rakesh Tammabattula, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Vinzon, Delilah) |
| Filing 20 CERTIFICATE OF SERVICE filed by Plaintiff Federal Trade Commission, re Order on Motion to Appear Pro Hac Vice #18 , Minutes of In Chambers Order/Directive - no proceeding held,, #14 , Order on Motion to Appear Pro Hac Vice #19 , Initial Order upon Filing of Complaint - form only #17 , APPLICATION of Non-Resident Attorney Kristy M. Tillman to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) #11 , Summons Request #3 , Notice of Lodging #9 , APPLICATION of Non-Resident Attorney Katherine Johnson to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) #10 , Notice of Assignment to United States Judges(CV-18) - optional html form #4 , Declaration, #15 , Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form,, #16 served on August 5 and 6, 2020. (Vinzon, Delilah) |
| Filing 17 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (mku) |
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Filing 19
ORDER by Judge Josephine L. Staton: granting #11 Non-Resident Attorney Kristy M Tillman APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission, designating Delilah Vinzon as local counsel. (jp)
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Filing 18
ORDER by Judge Josephine L. Staton: granting #10 Non-Resident Attorney Katherine E Johnson APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission, designating Delilah Vinzon as local counsel. (jp)
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| Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kristy M. Tillman to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) #11 , APPLICATION of Non-Resident Attorney Katherine Johnson to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) #10 . The following error(s) was/were found: Caption is incomplete. DJ and MJ initial missing on application and proposed order. Case number should read 8:20-CV-01431 JLS (KES). (Thrasher, Lupe) |
| Filing 15 DECLARATION of Katherine Johnson re Minutes of In Chambers Order/Directive - no proceeding held,, #14 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C)(Vinzon, Delilah) |
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Filing 14
MINUTE (IN CHAMBERS) ORDER REQUIRING Proof of Service and Accompanying Declaration by Judge Josephine L. Staton: The Court therefore ORDERS the FTC to file proofs of service of the Application and all accompanying documents, along with a declaration that the FTC (1) inquired as to Defendants' intent to oppose the Application, and (2) advised Defendants that any opposition to the Application must be filed within 24 hours of service. The Court will neither set a hearing nor otherwise rule on the FTC's Application until a satisfactorydeclaration has been filed and Defendants h ave had 24 hours from service to respond. (jp)
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| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants DRJSNATURAL LLC, Jacqueline Thao Nguyen, QYK Brands LLC, Rakesh Tammabattula. (jtil) |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Federal Trade Commission. (Vinzon, Delilah) |
| Filing 11 APPLICATION of Non-Resident Attorney Kristy M. Tillman to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order) (Vinzon, Delilah) |
| Filing 10 APPLICATION of Non-Resident Attorney Katherine Johnson to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order) (Vinzon, Delilah) |
| Filing 9 NOTICE OF LODGING filed re Physical Attachments re Exhibit to Motion,, #8 (Vinzon, Delilah) |
| Filing 8 EXHIBIT 1-8 to EX PARTE APPLICATION for Temporary Restraining Order as to Deceptive Practices in Violation of Sections 5 and 12 of the Federal Trade Commission Act #6 cited in Memorandum in Support Thereof #7 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit 1- Freeman Declaration, #2 Exhibit 2 - Rottner Declaration, #3 Exhibit 3 - Brier Declaration, #4 Exhibit 4 - LeSage Declaration, #5 Exhibit 5 - Kalmeta Declaration, #6 Exhibit 6 - Askins Declaration, #7 Exhibit 7 - FDA Declaration, #8 Exhibit 8 - Prisma Declaration)(Vinzon, Delilah) |
| Filing 7 MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order as to Deceptive Practices in Violation of Sections 5 and 12 of the Federal Trade Commission Act #6 filed by Plaintiff Federal Trade Commission. (Vinzon, Delilah) |
| Filing 6 EX PARTE APPLICATION for Temporary Restraining Order as to Deceptive Practices in Violation of Sections 5 and 12 of the Federal Trade Commission Act filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Katherine Johnson, #2 Proposed Order) (Vinzon, Delilah) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Karen E. Scott. (jtil) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Federal Trade Commission. (Vinzon, Delilah) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Federal Trade Commission. (Vinzon, Delilah) |
| Filing 1 COMPLAINT No Fee Required - US Government, filed by Plaintiff Federal Trade Commission. (Attorney Delilah Vinzon added to party Federal Trade Commission(pty:pla))(Vinzon, Delilah) |
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