Stussy, Inc. v. Shein et al
| Stussy, Inc. |
| Shein, Shein Distribution Corporation, Zoetop Business Co Limited, Roadget Business Pte Ltd, Fashion Choice Pte Ltd and Romwe |
| 8:2022cv00379 |
| March 10, 2022 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Karen E Scott |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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Filing 85
MINUTES (IN CHAMBERS): ORDER DENYING Plaintiff's Motion to Compel Discovery [Dkt. 71] by Magistrate Judge Karen E. Scott: The Court finds this matter appropriate for resolution without oral argument. Fed. R. Civ. P. 78; L.R. 7-15. The hearing noticed for October 4, 2022, is ordered OFF CALENDAR. For the reasons stated below, Plaintiff's motion is DENIED. Denying #71 Motion to Compel. See Order for details. (es)
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| Filing 84 APPLICATION for Order for Stipulated Protective Order filed by Plaintiff Stussy, Inc.. (Attachments: #1 Redline to Standard Form Protective Order) (Pfeiffer, Kelly) |
| Filing 83 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Roadget Business Pte Ltd #78 , REQUEST for Clerk to Enter Default against Defendant Zoetop Business Co Limited #77 . The Clerk cannot enter the requested relief as: Request for Entry of Default has been forwarded to the assigned Judge. Clerk cannot enter default when service of summons were effectuated upon defendants that resides in a foreign country. (lom) |
| Filing 82 NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories of Shein Distribution Corporation filed by Plaintiff Stussy, Inc.. Motion set for hearing on 10/18/2022 at 10:00 AM before Magistrate Judge Karen E. Scott. (Attachments: #1 Joint Stipulation, #2 Declaration Declaration of John Sommer ISO Plaintiff's Motion to Compel Defendant SDC's Further Responses to Interrogatories Set 1, #3 Exhibit Exhibits to Declaration of John Sommer, #4 Declaration Declaration of David H. Marenberg ISO Defendant SDC's Opposition to Plaintiff's MTC Further Responses, #5 Declaration Declaration of Nina D. Boyajian ISO Defendant SDC's Opposition to Plaintiff's MTC Further Responses, #6 Exhibit Exhibits to Declaration of Nina D. Boyajian)(Pfeiffer, Kelly) |
| Filing 81 NOTICE of Appearance filed by attorney Andrew F Halaby on behalf of Defendant Shein Distribution Corporation (Attorney Andrew F Halaby added to party Shein Distribution Corporation(pty:dft))(Halaby, Andrew) |
| Filing 80 MEMORANDUM in Opposition to MOTION to Compel Responses to First Set of Interrogatories and Request for Production of Documents from Defendants ROADGET BUSINESS PTE, LTD and ZOETOP BUSINESS CO. LIMITED #71 [SPECIALLY APPEARING DEFENDANTS' SUPPLEMENTAL MEMORANDUM OF LAW] filed by Defendant Shein Distribution Corporation. (Attachments: #1 Declaration of Nina D. Boyajian)(Boyajian, Nina) |
| Filing 79 MEMORANDUM in Support of MOTION to Compel Responses to First Set of Interrogatories and Request for Production of Documents from Defendants ROADGET BUSINESS PTE, LTD and ZOETOP BUSINESS CO. LIMITED #71 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 78 REQUEST for Clerk to Enter Default against Defendant Roadget Business Pte Ltd filed by Plaintiff Stussy, Inc.. (Attachments: #1 Declaration Declaration of John Sommer ISO Request to Enter Default-Roadget) (Nelson, Andrew) |
| Filing 77 REQUEST for Clerk to Enter Default against Defendant Zoetop Business Co Limited filed by Plaintiff Stussy, Inc.. (Attachments: #1 Declaration Declaration of John Sommer ISO Request to Enter Default-Zoetop) (Nelson, Andrew) |
| Filing 76 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Service of Summons and Complaint Returned Executed (21 days), #74 . The following error(s) was/were found: Local Rule 11-3.8 title page is missing, incomplete, or incorrect. 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) |
| Filing 75 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Zoetop Business Co Limited served on 8/12/2022, answer due 10/18/2022. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 74 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Roadget Business Pte Ltd served on 8/29/2022, answer due 9/19/2022. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 73 Notice of Appearance or Withdrawal of Counsel: for attorney Brian Michael Kelly counsel for Plaintiff Stussy, Inc.. Adding Brian M. Kelly as counsel of record for Stussy, Inc. for the reason indicated in the G-123 Notice. Filed by plaintiff Stussy, Inc.. (Attorney Brian Michael Kelly added to party Stussy, Inc.(pty:pla))(Kelly, Brian) |
| Filing 72 Notice of Appearance or Withdrawal of Counsel: for attorney Gerald A Klein counsel for Plaintiff Stussy, Inc.. Adding Gerald A. Klein as counsel of record for Stussy, Inc. for the reason indicated in the G-123 Notice. Filed by plaintiff Stussy, Inc.. (Attorney Gerald A Klein added to party Stussy, Inc.(pty:pla))(Klein, Gerald) |
| Filing 71 NOTICE OF MOTION AND MOTION to Compel Responses to First Set of Interrogatories and Request for Production of Documents from Defendants ROADGET BUSINESS PTE, LTD and ZOETOP BUSINESS CO. LIMITED filed by Plaintiff Stussy, Inc.. Motion set for hearing on 10/4/2022 at 10:00 AM before Magistrate Judge Karen E. Scott. (Attachments: #1 Joint Stipulation, #2 Declaration Declaration of John Sommer, #3 Exhibit Plaintiff's Exhibits, #4 Declaration Declaration of David Marenberg, #5 Declaration Declaration of Nina Boyajian, #6 Exhibit Defendant's Exhibits)(Nelson, Andrew) |
| Filing 70 NOTICE OF DISMISSAL filed by Plaintiff Stussy, Inc. pursuant to FRCP 41a(1) as to Fashion Choice Pte Ltd. (Nelson, Andrew) |
| Filing 69 ZOETOP WAIVER OF SERVICE Returned Executed filed by Plaintiff Stussy, Inc.. upon Zoetop Business Co Limited waiver sent by Plaintiff on 8/19/2022, answer due 10/18/2022. Waiver of Service signed by Nina D. Boyajian. (Nelson, Andrew) |
| Filing 68 ROADGET WAIVER OF SERVICE Returned Executed filed by Plaintiff Stussy, Inc.. Waiver of Service signed by Nina D. Boyajian. (Nelson, Andrew) |
| Filing 67 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Service of the Summons and Complaint were executed upon Jane Doe-Front Desk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. ROADGET (Nelson, Andrew) |
| Filing 66 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Romwe served on 8/19/2022, answer due 9/9/2022. Service of the Summons and Complaint were executed upon Jane Doe-Front Desk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 65 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Shein served on 8/19/2022, answer due 9/9/2022. Service of the Summons and Complaint were executed upon Jane Doe-Front Desk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 64 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Roadget Business Pte Ltd served on 8/19/2022, answer due 9/9/2022. Service of the Summons and Complaint were executed upon Jane Doe-Front Desk in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 63 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Zoetop Business Co Limited served on 8/5/2022, answer due 8/26/2022. Service of the Summons and Complaint were executed upon Jane Doe-Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 62 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Shein served on 8/5/2022, answer due 8/26/2022. Service of the Summons and Complaint were executed upon Jane Doe-Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 61 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Romwe served on 8/5/2022, answer due 8/26/2022. Service of the Summons and Complaint were executed upon Jane Doe-Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 60 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Roadget Business Pte Ltd served on 8/5/2022, answer due 8/26/2022. Service of the Summons and Complaint were executed upon Jane Doe-Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 59 ANSWER to Amended Complaint/Petition #44 filed by Defendant Shein Distribution Corporation.(Boyajian, Nina) |
| Filing 58 21 DAY Summons Issued re Second Amended Complaint/Petition #44 as to Defendant Shein. (twdb) |
| Filing 57 Request for Clerk to Issue Summons on Amended Complaint/Petition #44 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 56 21 DAY Summons Issued re Second Amended Complaint/Petition #44 as to Defendant Fashion Choice Pte Ltd. (twdb) |
| Filing 55 21 DAY Summons Issued re Second Amended Complaint/Petition #44 as to Defendant Roadget Business Pte Ltd. (twdb) |
| Filing 54 21 DAY Summons Issued re Second Amended Complaint/Petition #44 as to Defendant Romwe. (twdb) |
| Filing 53 21 DAY Summons Issued re Second Amended Complaint/Petition #44 as to Defendant Zoetop Business Co Limited. (twdb) |
| Filing 52 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #51 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Document not properly saved to pdf.. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (twdb) |
| Filing 51 Request for Clerk to Issue Summons on Amended Complaint/Petition #44 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 50 Request for Clerk to Issue Summons on Amended Complaint/Petition #44 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 49 Request for Clerk to Issue Summons on Amended Complaint/Petition #44 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 48 Request for Clerk to Issue Summons on Amended Complaint/Petition #44 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 47 Request for Clerk to Issue Summons on Amended Complaint/Petition #44 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
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Filing 46
ORDER REGARDING SETTLEMENT PROCEDURES, PRETRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. (rrp)
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Filing 45
SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 12/29/2022. LAST DATE TO HEAR MOTIONS is 2/27/2023. Last date to conduct settlement conference is 1/12/2023. Pretrial Conference set for 5/1/2023 at 3:00 p.m. Jury Trial set for 5/9/2023 at 8:30 a.m. (rrp)
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| Filing 44 Second AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #13 , filed by Plaintiff Stussy, Inc.(Nelson, Andrew) |
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Filing 43
ORDER by Judge Cormac J. Carney, APPROVING Stipulation For Filing of Second Amended Complaint #40 . IT IS FURTHER ORDERED that Plaintiff's shall e-file the Second Amended Complaint via the Court's CM/ECF system forthwith. NOTE: CHANGES MADE BY THE COURT. (twdb) Modified on 7/11/2022 (twdb).
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| Filing 42 NOTICE OF LODGING filed for Proposed Order re Stipulation to Amend/Correct #40 (Attachments: #1 Proposed Order Stipulation for Filing of Second Amended Complaint)(Nelson, Andrew) |
| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Amend/Correct #40 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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) |
| Filing 40 STIPULATION to FILING OF SECOND AMENDED COMPLAINT filed by Plaintiff Stussy, Inc..(Nelson, Andrew) |
| Filing 39 JOINT REPORT of RULE 26(f) filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 38 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Roadget Business Pte Ltd served on 6/14/2022, answer due 7/11/2022. Service of the Summons and Complaint were executed upon Joshua Lo - Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Shein served on 6/13/2022, answer due 7/5/2022. Service of the Summons and Complaint were executed upon Joshua Lo - Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 36 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Romwe served on 6/13/2022, answer due 7/5/2022. Service of the Summons and Complaint were executed upon Joshua Lo - Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Nelson, Andrew) |
| Filing 35 RESPONSE filed by Defendant Shein Distribution Corporationto Service of Summons and Complaint Returned Executed (21 days), #33 , Order to Show Cause, #32 , Response in Opposition to Motion #34 and OBJECTION on Proof of Service on "Shein" and "Romwe" (Attachments: #1 Declaration of George Chiao, #2 Declaration of Nina D. Boyajian)(Boyajian, Nina) |
| Filing 34 OPPOSITION filed by Plaintiff Stussy, Inc.. (Attachments: #1 Declaration Declaration of Kelly Pfeiffer in Support of Plaintiff Stussy's Response to the Order to Show Cause)(Nelson, Andrew) |
| Filing 33 PROOF OF SERVICE Executed by Plaintiff Stussy, Inc., upon Defendant Shein served on 3/22/2022, answer due 4/12/2022. Service of the Summons and Complaint were executed upon George Chiao - President in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Nelson, Andrew) |
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Filing 32
ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AS TO DEFENDANTS SHEIN AND ROMWE by Judge Cormac J. Carney. Accordingly, the Court, on its own motion, hereby ORDERS Plaintiff to show cause in writing no later than June 13, 2022 why these defendants should not be dismissed for lack of prosecution. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 31 NOTICE of Interested Parties filed by Plaintiff Stussy, Inc., (Nelson, Andrew) |
| Filing 30 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Stussy, Inc. identifying None as Corporate Parent. (Nelson, Andrew) |
| Filing 29 WAIVER OF SERVICE Returned Executed filed by Plaintiff Stussy, Inc.. upon Zoetop Business Co Limited waiver sent by Plaintiff on 5/12/2022, answer due 7/11/2022. Waiver of Service signed by Nina D. Boyajian. (Nelson, Andrew) |
| Filing 28 WAIVER OF SERVICE Returned Executed filed by Plaintiff Stussy, Inc.. upon Roadget Business Pte Ltd waiver sent by Plaintiff on 5/12/2022, answer due 7/11/2022. Waiver of Service signed by Nina D. Boyajian. (Nelson, Andrew) |
| Filing 27 WAIVER OF SERVICE Returned Executed filed by Plaintiff Stussy, Inc.. upon Fashion Choice Pte Ltd waiver sent by Plaintiff on 5/12/2022, answer due 7/11/2022. Waiver of Service signed by Nina D. Boyajian. (Nelson, Andrew) |
| Filing 26 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on July 14, 2022. (rrp) |
| Filing 25 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Shein Distribution Corporation, identifying Stussy, Inc., Shein Distribution Corporation, Roadget Business Pte. Ltd.. (Boyajian, Nina) |
| Filing 24 CORPORATE DISCLOSURE STATEMENT filed by Defendant Shein Distribution Corporation (Boyajian, Nina) |
| Filing 23 ANSWER to Amended Complaint/Petition, #13 with JURY DEMAND filed by Defendant Shein Distribution Corporation.(Boyajian, Nina) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Nina D. Boyajian counsel for Defendant Shein Distribution Corporation. Adding Nina D. Boyajian as counsel of record for Defendant Shein Distribution Corporation for the reason indicated in the G-123 Notice. Filed by Defendant Shein Distribution Corporation. (Boyajian, Nina) |
| Filing 21 21 DAY Summons Issued re First Amended Complaint #13 as to Defendant Romwe. (lom) |
| Filing 20 21 DAY Summons Issued re First Amended Complaint #13 as to Defendant Fashion Choice Pte Ltd. (lom) |
| Filing 19 21 DAY Summons Issued re First Amended Complaint #13 as to Defendant Roadget Business Pte Ltd. (lom) |
| Filing 18 21 DAY Summons Issued re First Amended Complaint #13 as to Defendant Zoetop Business Co Limited. (lom) |
| Filing 17 Request for Clerk to Issue Summons on Amended Complaint/Petition, #13 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 16 Request for Clerk to Issue Summons on Amended Complaint/Petition, #13 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 15 Request for Clerk to Issue Summons on Amended Complaint/Petition, #13 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 14 Request for Clerk to Issue Subpoena filed by Plaintiff Stussy, Inc.., Request for Clerk to Issue Summons on Amended Complaint/Petition, #13 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 13 FIRST AMENDED COMPLAINT against Defendants Shein, Shein Distribution Corporation amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Stussy, Inc. (Attachments: #1 Exhibit A to First Amended Complaint, #2 Exhibit B to First Amended Complaint)(Nelson, Andrew) |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to Shein Distribution Corporation answer now due 5/6/2022, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Shein Distribution Corporation.(Attorney Nina D. Boyajian added to party Shein Distribution Corporation(pty:dft))(Boyajian, Nina) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Shein Distribution Corporation. (lh) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Shein. (lh) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (lh) |
| Filing 6 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Stussy, Inc.. (Nelson, Andrew) |
| Filing 5 NOTICE of Interested Parties filed by Plaintiff Stussy, Inc., identifying Plaintiff Stussy, Inc.; Defendant Shein; Defendant Shein Distribution Corporation. (Nelson, Andrew) |
| Filing 4 CIVIL COVER SHEET filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Stussy, Inc.. (Nelson, Andrew) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32928039 - Fee: $402, filed by Plaintiff Stussy, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Attorney Andrew R. Nelson added to party Stussy, Inc.(pty:pla))(Nelson, Andrew) |
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