AK Futures LLC v. Boyd Street Distro LLC, et al
| AK Futures LLC |
| Boyd Street Distro LLC and Does 1-10 |
| 8:2021cv01027 |
| June 10, 2021 |
| US District Court for the Central District of California |
| James V Selna |
| Autumn D Spaeth |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 48 MINUTES OF PRE-SETTLEMENT CONFERENCE CALL held before Magistrate Judge Autumn D. Spaeth: Telephone Conference held. The Settlement Conference presently set for May 12, 2022 at 10:00am remains. The conference shall be conducted in person. Court Recorder: Not Recorded. (kh) |
Filing 47
ORDER RE: SETTLEMENT CONFERENCE by Magistrate Judge Autumn D. Spaeth: The Settlement Conference is placed on calendar for May 12, 2022, at 10:00 a.m., in Courtroom 6B, 6th Floor, 411 W. Fourth Street, Santa Ana, California, 92701. No later than five (5) days prior to the Settlement Conference, each party shall submit a Confidential Settlement Conference Statement directly to the Chambers of Judge Spaeth via email to ADS_Chambers@cacd.uscourts.gov. The Statements should not be filed with the Clerk of the Court and they will not be made part of the casefile. **See Order for details** (kh)
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Filing 46
TEXT ONLY ENTRY SCHEDULING NOTICE (IN CHAMBERS) ORDER SETTING PRE-SETTLEMENT CONFERENCE by Magistrate Judge Autumn D. Spaeth. This matter is set for a Pre-Settlement Conference Call on April 26, 2022, at 11:00 a.m. Call in information shall be provided by separate email. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
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Filing 45
MINUTES (IN CHAMBERS) Order Regarding Application for Extension of Expert Discovery by Judge James V. Selna: Plaintiff AK Futures LLC ("AK Futures") applied for an extension of expert discovery deadlines. Dkt. No. #38 . Defendant Boyd Street Distro LLC ("Boyd") opposed the application. Dkt. No. #42 . For the following reasons, the Court GRANTS the application. Granting #38 Motion for Extension of Time to Complete Discovery. [See Order for details.] (es)
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| Filing 44 REPLY in support of First APPLICATION to Extend Discovery Cut-Off Date to 4/1/2022 #38 filed by Plaintiff AK Futures LLC. (Attachments: #1 Exhibit A -- Packing slip and invoices, #2 Exhibit B --- 9th Circuit Oral Argument Transcript, #3 Proposed Order granting extension)(Stein, Jonathan) |
| Filing 43 WITNESS TESTIMONY SUMMARIES filed by Attorney AK Futures LLC. (Frost, Thomas) |
| Filing 42 OPPOSITION Opposed re: First APPLICATION to Extend Discovery Cut-Off Date to 4/1/2022 #38 filed by Defendant Boyd Street Distro LLC. (Attachments: #1 Exhibit Notice of Deposition, #2 Exhibit Notice of Deposition, #3 Exhibit Emails re: Deposition Commencement, #4 Exhibit Emails re: Deposition Continuance, #5 Exhibit Excerpts of Deposition of R. Ali)(Menthe, Darrel) |
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Filing 41
MINUTES (IN CHAMBERS) (IN CHAMBERS) ORDER DENYING PLAINTIFF'SMOTIONS TO COMPEL (DKT. NOS. 34, 35) by Magistrate Judge Autumn D. Spaeth re denying #34 Motion to Compel Deposition; denying #35 Motion to Produce. [See document for details.] (et)
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Filing 40
TEXT ONLY ENTRY (IN CHAMBERS) ORDER VACATING MOTION HEARING AND TAKING MATTER UNDER SUBMISSION by Magistrate Judge Autumn D. Spaeth: The Court finds Plaintiffs Motion to Compel #34 and Motion to Produce #35 appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. Accordingly, the hearing set for April 13, 2022 is removed from the Court's calendar and no appearance is required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY2
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| Filing 39 [PLAINTIFF'S INITIAL DISCLOSURES AND DESIGNATION OF EXPERT WITNESSES filed as] Plaintiff's Experts Designation (Stein, Jonathan) Modified on 3/18/2022 (es). |
| Filing 38 First APPLICATION to Extend Discovery Cut-Off Date to 4/1/2022 filed by Plaintiff AK Futures LLC. Application set for hearing on 4/11/2022 at 01:30 PM before Judge James V. Selna. (Stein, Jonathan) |
| Filing 37 TEXT ONLY ENTRY: Motions have been filed in this case #34 , #35 . The parties are required to review Judge Spaeth's procedures page, http://www.cacd.uscourts.gov/honorable-autumn-d-spaeth, for important procedures regarding motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY |
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Filing 36
TEXT ONLY ENTRY (IN CHAMBERS) ORDER RE CONTINUANCE by Magistrate Judge Autumn D. Spaeth: Plaintiff's Motion to Compel Deposition #34 and Motion to Compel Production and Deposition Testimony #35 , presently set for hearing on March 30, 2022, are CONTINUED to April 13, 2022 at 10:00 a.m. before Judge Spaeth in Santa Ana, Courtroom 6B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY
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| Filing 35 NOTICE OF MOTION AND MOTION to Produce Documents and Deposition Testimony of Rhoshaan Ali filed by Plaintiff AK Futures LLC. Motion set for hearing on 3/30/2022 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Joint Discovery Stipulation, #2 Proposed Order)(Frost, Thomas) |
| Filing 34 NOTICE OF MOTION AND MOTION to Compel Deposition of Wael Khouri and Nxxt 2 Zero filed by Plaintiff AK Futures LLC. Motion set for hearing on 3/30/2022 at 10:00 AM before Magistrate Judge Autumn D. Spaeth. (Attachments: #1 Proposed Order)(Frost, Thomas) |
| Filing 33 NOTICE of Appearance filed by attorney Thomas C Frost on behalf of Plaintiff AK Futures LLC (Frost, Thomas) |
| Filing 32 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-56133 assigned to Notice of Appeal to 9th Circuit Court of Appeals #30 as to Defendant Boyd Street Distro LLC. (et) |
| Filing 31 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #30 . (Menthe, Darrel) |
| Filing 30 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Boyd Street Distro LLC. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, #29 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-32153908.) (Attachments: #1 Exhibit 9/15/2021 ORDER)(Menthe, Darrel) |
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Filing 29
MINUTE ORDER [IN CHAMBERS] Amended Order Regarding Motion for Preliminary Injunction by Judge James V. Selna: Plaintiff AK Futures LLC ("Futures") moved for a preliminary injunction. Dkt. No. #15 . Defendant Boyd Street Distro LLC ("Boyd") initially failed to oppose the motion, and the Court granted Futures' motion. Dkt. No. #17 . Then, the parties stipulated to allow Boyd to file an opposition. Boyd now opposes the motion. Dkt. No. #24 . Futures then filed its reply. Dkt. No. #25 . The Court thus enters its ruling of a full record. For the following reasons, the Court GRANTS the motion. [See document for details.] (es)
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Filing 28
MINUTE ORDER [IN CHAMBERS] ORDER RE SCHEDULING DATES by Judge James V. Selna: The Court has read and considered the parties Rule 26(f) Report and sets the following dates: Jury Trial June 7, 2022 at 8:30 a.m.; Final PreTrial Conference May 16, 2022 at 11:00 a.m.; File PreTrial Documents not later than May 9, 2022; File motions in limine not later than April 18, 2022; Discovery Cut-off February 11, 2022; Expert Discovery Cut-off April 15, 2022; Initial disclosure of Experts not later than February 28, 2022; Rebuttal disclosure of Experts not later than March 28, 2022; Law and Motion Cut-off April 11, 2022 at 1:30 p.m.; Motions to be filed and served not later than March 14, 2022. Counsel inform the Court in the Rule 26f report that their selection for a settlement procedure pursuant to Local Rule 16-15 is ADR No. 1 before the Magistrate Judge. In view of the apparent extent of Boyd Streets' sales, the parties should give strong consideration to early settlement discussions. Counsel shall file a Joint Report of the parties regarding outcome of settlement discussions, the likelihood of possible further discussions and any help the Court may provide with regard to settlement negotiations not later than seven (7) days after the settlement conference. The Scheduling Conference set for September 13, 2022 at 10:30 a.m. is VACATED. (bm)
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Filing 27
ORDER FOR JURY TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL before Judge James V. Selna. (See Document for Details and Deadlines) (lb)
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| Filing 26 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff AK Futures LLC.. (Fox, Benjamin) |
| Filing 25 REPLY in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Per FRCP 65 And For Leave to Immediately Commence Discovery #15 filed by Plaintiff AK Futures LLC. (Fox, Benjamin) |
| Filing 24 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Per FRCP 65 And For Leave to Immediately Commence Discovery #15 filed by Defendant Boyd Street Distro LLC. (Attachments: #1 Declaration Declaration of Darrel C. Menthe, #2 Declaration Declaration of Roshaan Ali, #3 Exhibit A - Invoice, #4 Exhibit B - Web Pages, #5 Exhibit C - NEF, #6 Exhibit D - AIA - DEA Interim Final Rule, #7 Exhibit E - DEA Orange Book, #8 Exhibit F - Colorado Delta-8 Guidance)(Menthe, Darrel) |
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Filing 23
ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND LEAVE TO IMMEDIATELY COMMENCE DISCOVERY #15 by Judge James V. Selna. Plaintiff shall not be required to post a bond for issuance of this Preliminary Injunction. It is further ORDERED that Plaintiff may immediately begin serving on Boyd Street Distro discovery requests directed to uncovering the chain of distribution of counterfeit goods, including the identities of the Doe Defendants, and the volume of counterfeit goods that Boyd Street Distro has acquired and distributed. [See document for details.] (es)
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Filing 22
ORDER TO PERMIT ADDITIONAL BRIEFING ON PRELIMINARY INJUNCTION AND SETTING NEW HEARING THEREON #21 by Judge James V. Selna, the Court ORDERS: 1. Defendant is permitted within ten days of this Order to file an opposition to Plaintiff's motion for preliminary injunction; 2. Plaintiff shall have ten days from the filing of the opposition to file a reply; and 3. The matter may be set for hearing at the Court's discretion, to address whether to vacate, modify, or continue the Court's preliminary injunction order. (es)
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| Filing 21 STIPULATION for Order ORDER TO PERMIT ADDITIONAL BRIEFING ON PRELIMINARY INJUNCTION AND SETTING NEW HEARING THEREON filed by Defendant Boyd Street Distro LLC. (Attachments: #1 Proposed Order)(Menthe, Darrel) |
| Filing 20 FINANCIAL ENTRY: Received $2,500.00 into the registry of the Court from WM Wholesale LLC on 08/10/2021. Re: Order on Motion for Preliminary Injunction, #17 . Receipt number SA017341. (pri) |
| Filing 19 NOTICE OF LODGING filed re Notice (Other) #18 (Attachments: #1 Proposed Order Granting Motion for Preliminary Injunction)(Fox, Benjamin) |
| Filing 18 NOTICE of Posting of Preliminary Injunction Bond with Clerk of the Court; and Attached [Proposed] Order Entering Preliminary Injunction filed by Plaintiff AK Futures LLC. (Fox, Benjamin) |
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Filing 17
MINUTES [IN CHAMBERS] Order Regarding Motion for Preliminary Injunction and For Leave by Judge James V. Selna: Plaintiff AK Futures LLC ("Futures") moved for a preliminary injunction. Dkt. No. 15. Defendant Boyd Street Distro LLC ("Boyd") has failed to oppose the motion. Boyd also failed to request a hearing after the Court posted its Tentative Order. For the following reasons, the Court GRANTS the motion. [See document for details.] (es)
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| Filing 16 REPLY In Support of Motion NOTICE OF MOTION AND MOTION for Preliminary Injunction re Per FRCP 65 And For Leave to Immediately Commence Discovery #15 filed by Plaintiff AK Futures LLC. (Fox, Benjamin) |
| Filing 15 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Per FRCP 65 And For Leave to Immediately Commence Discovery filed by Plaintiff AK Futures LLC. Motion set for hearing on 8/2/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Benjamin J. Fox, #3 Exhibit A, #4 Exhibit B, #5 Declaration of Drew Maconachy, #6 Exhibit A, #7 Exhibit B, #8 Declaration of Taylor Carroll, #9 Exhibit A, #10 Exhibit B, #11 Declaration of James Clelland, #12 Exhibit A, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D, #16 Exhibit E, #17 Exhibit F, #18 Exhibit G, #19 Exhibit H, #20 Exhibit I, #21 Proposed Order) (Fox, Benjamin) |
| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #12 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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) |
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Filing 13
Order Setting Rule 26(f) Scheduling Conference for 9/13/2021 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 9/7/2021. (lb)
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| Filing 12 ANSWER to Complaint (Attorney Civil Case Opening), #1 with JURY DEMAND filed by Defendant Boyd Street Distro LLC.(Attorney Darrel C Menthe added to party Boyd Street Distro LLC(pty:dft))(Menthe, Darrel) |
| Filing 11 PROOF OF SERVICE filed by Plaintiff AK Futures LLC, re Initial Order upon Filing of Complaint - form only #9 served on June 17, 2021. (Fox, Benjamin) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff AK Futures LLC, upon Defendant Boyd Street Distro LLC served on 6/11/2021, answer due 7/2/2021. Service of the Summons and Complaint were executed upon Agent for Service of Process, 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. (Fox, Benjamin) |
| Filing 9 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 8 21 DAY Summons issued re Complaint #1 as to defendant Boyd Street Distro LLC. (esa) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Autumn D. Spaeth. (esa) |
| Filing 5 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by AK Futures LLC. (Fox, Benjamin) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff AK Futures LLC, (Fox, Benjamin) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff AK Futures LLC. (Fox, Benjamin) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff AK Futures LLC. (Fox, Benjamin) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31448106 - Fee: $402, filed by Plaintiff AK Futures LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Attorney Benjamin J Fox added to party AK Futures LLC(pty:pla))(Fox, Benjamin) |
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