Petunia Products, Inc. v. Rodan and Fields LLC et al
Plaintiff: Petunia Products, Inc. dba Billion Dollar Brows and Petunia Products, Inc. doing business as Billion Dollar Brows
Defendant: Rodan & Fields LLC, Molly Sims, Rodan and Fields LLC and Does 1 through 20
Case Number: 8:2021cv00630
Filed: April 5, 2021
Court: US District Court for the Central District of California
Presiding Judge: Cormac J Carney
Referring Judge: Autumn D Spaeth
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2022 Opinion or Order Filing 35 ORDER GRANTING JOINT STIPULATION OF DISMISSAL WITH PREJUDICE #34 by Judge Cormac J. Carney. IT IS HEREBY ORDERED the action against Defendants RODAN & FIELDS, LLC and MOLLY SIMS be, and is, hereby dismissed in its entirety with prejudice. Each party is to bear their own attorneys fees and costs. Case Terminated. Made JS-6. (rolm)
July 27, 2022 Filing 34 NOTICE of Voluntary Dismissal filed by Plaintiff Petunia Products, Inc.. Dismissal is With Prejudice. (Attachments: #1 Proposed Order [Proposed] Order Granting Joint Stipulation of Dismissal with Prejudice)(Berstein, David)
March 23, 2022 Filing 33 JOINT STATUS REPORT of RE: ADR PROCEDURE NO. 3 PRIVATE MEDIATION filed by Plaintiff Petunia Products, Inc.. (Berstein, David)
March 10, 2022 Opinion or Order Filing 32 PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Protective Order #31 . (see document for details) (hr)
March 7, 2022 Filing 31 STIPULATION for Protective Order filed by Plaintiff Petunia Products, Inc..(Berstein, David)
September 16, 2021 Opinion or Order Filing 30 ORDER REGARDING SETTLEMENT PROCEDURES, PRETRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (rrp)
September 16, 2021 Opinion or Order Filing 29 SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 9/29/2022. LAST DATE TO HEAR MOTIONS is 11/28/2022. Last date to conduct settlement conference is 10/13/2022. Pretrial Conference set for 1/30/2023 at 3:00 p.m. Jury Trial set for 2/7/2023 at 8:30 a.m. (rrp)
September 10, 2021 Filing 28 CERTIFICATE of Interested Parties filed by Defendant Molly Sims, (Gilchrist, Gregory)
September 10, 2021 Filing 27 CERTIFICATE of Interested Parties filed by Defendant Rodan and Fields LLC, (Gilchrist, Gregory)
September 9, 2021 Filing 26 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-10 days, filed by Plaintiff Petunia Products, Inc... (Attachments: #1 Proposed Order [Proposed] Scheduling Order)(Berstein, David)
September 8, 2021 Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #24 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Other error(s) with document(s): 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. 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. (twdb)
September 7, 2021 Filing 24 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendant Molly Sims.(Gilchrist, Gregory)
August 6, 2021 Opinion or Order Filing 23 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS [Dkt. 18] by Judge Cormac J. Carney: For the foregoing reasons, Sims' motion to dismiss is GRANTED as to Plaintiff's contributory trademark infringement and Cal. Bus. and Prof. Code Sec. 17500 claims, and those claims are DISMISSED WITH FOURTEEN DAYS LEAVE TO AMEND. Sims' motion to dismiss is DENIED as to Plaintiff's direct trademark infringement and Cal. Bus. and Prof. Code Sec. 17200 claims. If Plaintiff chooses not to file an amended complaint, Sims shall file an answer to Plaintiff's Complaint by September 7, 2021. (bm)
August 2, 2021 Filing 22 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss All Remaining Claims #18 filed by Defendant Molly Sims. (Gilchrist, Gregory)
July 26, 2021 Filing 21 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss All Remaining Claims #18 filed by Plaintiff Petunia Products, Inc.. (Berstein, David)
July 16, 2021 Filing 20 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on September 16, 2021. (rrp)
July 16, 2021 Filing 19 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss All Remaining Claims #18 filed by Defendant Molly Sims. (Attachments: #1 Declaration of Gregory S. Gilchrist, #2 Exhibit A, #3 Proposed Order with Ex. A)(Gilchrist, Gregory)
July 16, 2021 Filing 18 NOTICE OF MOTION AND MOTION to Dismiss All Remaining Claims filed by Defendant Molly Sims. Motion set for hearing on 8/16/2021 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Memorandum in Support, #2 Declaration of Gregory S. Gilchrist, #3 Proposed Order) (Gilchrist, Gregory)
July 16, 2021 Filing 17 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendant Rodan and Fields LLC.(Gilchrist, Gregory)
July 14, 2021 Opinion or Order Filing 16 ORDER by Judge Cormac J. Carney, Granting Stipulation to Extend Time to Answer and Dismissal of Third, Fifth and Sixth Causes of Action (More than 30 days) #15 . The deadline for Defendant Rodan & Fields, LLC to answer the remaining claims in the complaint is extended to July 16, 2021. The deadline for Molly Sims to answer or otherwise respond to the remaining claims in the complaint is extended to July 16, 2021. (twdb)
July 12, 2021 Filing 15 Joint STIPULATION for Extension of Time to File Answer to July 16, 2021 re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Rodan and Fields LLC, Molly Sims. (Attachments: #1 Proposed Order)(Gilchrist, Gregory)
June 4, 2021 Opinion or Order Filing 14 ORDER by Judge Cormac J. Carney, Granting Stipulation to Extend Time to Answer (More than 30 days), #13 . Defendants Rodan and Fields LLC answer due 7/14/2021; Molly Sims answer due 7/14/2021. (twdb)
June 4, 2021 Filing 13 Joint STIPULATION for Extension of Time to File Answer to July 14, 2021 re Complaint (Attorney Civil Case Opening), #1 filed by Defendants Rodan and Fields LLC, Molly Sims. (Attachments: #1 Proposed Order)(Attorney Gregory S Gilchrist added to party Molly Sims(pty:dft))(Gilchrist, Gregory)
May 26, 2021 Filing 12 PROOF OF SERVICE Executed by Plaintiff Petunia Products, Inc., upon Defendant Molly Sims served on 5/24/2021, answer due 6/14/2021. Service of the Summons and Complaint were executed upon Molly Sims, an individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Berstein, David)
April 22, 2021 Filing 11 WAIVER OF SERVICE Returned Executed filed by Plaintiff Petunia Products, Inc.. upon Rodan and Fields LLC waiver sent by Plaintiff on 4/7/2021, answer due 6/7/2021. Waiver of Service signed by Gregory S. Gilchrist, attorney of record. (Berstein, David)
April 6, 2021 Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Rodan and Fields LLC. (car)
April 6, 2021 Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Molly Sims. (car)
April 6, 2021 Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
April 6, 2021 Filing 7 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Autumn D. Spaeth. (car)
April 5, 2021 Filing 6 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Petunia Products, Inc. dba Billion Dollar Brows. (Berstein, David)
April 5, 2021 Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Petunia Products, Inc. dba Billion Dollar Brows. (Berstein, David)
April 5, 2021 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Petunia Products, Inc. dba Billion Dollar Brows. (Berstein, David)
April 5, 2021 Filing 3 NOTICE of Interested Parties filed by Plaintiff Petunia Products, Inc. dba Billion Dollar Brows, (Berstein, David)
April 5, 2021 Filing 2 CIVIL COVER SHEET filed by Plaintiff Petunia Products, Inc. dba Billion Dollar Brows. (Berstein, David)
April 5, 2021 Filing 1 COMPLAINT Receipt No: ACACDC-31048043 - Fee: $402, filed by Plaintiff Petunia Products, Inc. dba Billion Dollar Brows. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Attorney David A Berstein added to party Petunia Products, Inc. dba Billion Dollar Brows(pty:pla))(Berstein, David)

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Plaintiff: Petunia Products, Inc. dba Billion Dollar Brows
Represented By: David A Berstein
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Plaintiff: Petunia Products, Inc. doing business as Billion Dollar Brows
Represented By: John Dimuzio, Jr
Represented By: David A Berstein
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Defendant: Rodan & Fields LLC
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Defendant: Molly Sims
Represented By: Ryan Bricker
Represented By: Gregory S Gilchrist
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Defendant: Rodan and Fields LLC
Represented By: Gregory S Gilchrist
Represented By: Ryan Bricker
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Defendant: Does 1 through 20
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