Fitness International, LLC v. Leah Alspaugh et al
| FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS and Fitness International, LLC |
| Leah Alspaugh and Does 1 to 50, inclusive |
| 8:2022cv01800 |
| October 3, 2022 |
| US District Court for the Central District of California |
| David O Carter |
| Douglas F McCormick |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 28 PROOF OF SERVICE filed by Plaintiff Fitness International, LLC, re Joint Report Rule 26(f) Discovery Plan #27 served on 11/21/2022. (Chen Smith, Alice) |
| Filing 27 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Fitness International, LLC.. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Chen Smith, Alice) |
Filing 26
ORDER RE PRELIMINARY INJUNCTION #23 #24 by Judge David O. Carter. IT IS HEREBY ORDERED that, until a final determination of the merits of this case by the trier of fact, defendant LEAH ALSPAUGH, and Does 1 through 50 (collectively, "Defendants") are hereby restrained and enjoined from the following. See order for details. (lom)
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Filing 25
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 12/5/2022 at 08:30 AM before Judge David O. Carter. (kdu)
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| Filing 24 NOTICE OF LODGING filed Proposed Order re EX PARTE APPLICATION for Temporary Restraining Order as to enjoining Defendant Leah Alspaugh and anyone acting in concert with Defendant Leah Alspaugh from (1) Infringing on Plaintiffs federally registered trademarks; (2) Making representations to any #12 (DeMetruis, Christine) |
| Filing 23 MINUTES OF Show Cause Hearing held before Judge David O. Carter: SHOW CAUSE WHY ISSUANCE OF A PRELIMINARY INJUNCTION IS NOT APPROPRIATE IN THIS CASE #12 . Plaintiffs Ex Parte Application for Temporary Restraining Order as to enjoining Defendant Leah Alspaugh #12 is granted. Plaintiff is ORDERED to lodge a proposed order no later than 10/28/2022 at 3:00 PM. Defendants Motion for Certificate of Merit #16 is DENIED. Defendants contact information to be added to the case in order to receive future case filings: SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Court Smart. (twdb) |
| Filing 22 PROOF OF SERVICE filed by PLAINTIFF Fitness International, LLC, re Objection/Opposition (Motion related) #21 served on 10/28/2022. (Chen Smith, Alice) |
| Filing 21 OPPOSITION IN OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for Certificate of Merit #16 filed by Plaintiff Fitness International, LLC. (Chen Smith, Alice) |
| Filing 20 RESPONSE IN SUPPORT of EX PARTE APPLICATION for Temporary Restraining Order as to enjoining Defendant Leah Alspaugh and anyone acting in concert with Defendant Leah Alspaugh from (1) Infringing on Plaintiffs federally registered trademarks; (2) Making representations to any #12 #15 filed by Plaintiff Fitness International, LLC. (Attachments: #1 Declaration of Megan Stokesberry, #2 Declaration of Alice Chen Smith, #3 Exhibit A to Decl. of Alice Chen Smith, #4 Declaration of Christine C. De Metruis, #5 Exhibit A to Decl. of Christine C. De Metruis, #6 Exhibit B to Decl. of Christine C. De Metruis, #7 Exhibit C Decl. of Christine C. De Metruis, #8 Declaration of Mindy Stokesberry, #9 Exhibit A to Decl. of Mindy Stokesberry, #10 Exhibit B to Decl. of Mindy Stokesberry, #11 Exhibit C to Decl. of Mindy Stokesberry, #12 Exhibit D to Decl. of Mindy Stokesberry, #13 Exhibit E to Decl. of Mindy Stokesberry, #14 Exhibit F to Decl. of Mindy Stokesberry, #15 Exhibit G to Decl. of Mindy Stokesberry, #16 Exhibit H to Decl. of Mindy Stokesberry, #17 Exhibit I to Decl. of Mindy Stokesberry, #18 Proof of Service)(Chen Smith, Alice) |
| Filing 19 PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Fitness International, LLC, upon Defendant Leah Alspaugh served on 10/19/2022, answer due 11/9/2022. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Chen Smith, Alice) |
| Filing 18 PROOF OF SERVICE by mail filed by Defendant Leah Alspaugh, re Response #17 served on 10/18/22. (twdb) |
| Filing 17 Response to OPPOSITION to Temporary Restraining Order #12 filed by Defendant Leah Alspaugh. (twdb) |
| Filing 16 MOTION for Certificate of Merit filed by Defendant Leah Alspaugh. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge David O. Carter. (twdb) |
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Filing 15
MINUTE ORDER IN CHAMBERS GRANTING EX PARTE APPLICATION for Temporary Restraining Order #12 by Judge David O. Carter: The Court ORDERS Defendant to show cause why issuance of a preliminary injunction is not appropriate in this case. Defendants are FURTHER ORDERED TO SHOW CAUSE why a preliminary injunction should not issue. The hearing on this Order to Show Cause is set before this Court on Friday, October 28, 2022, at 9:00 a.m. Plaintiff must file any additional supporting papers by October 21, 2022. Defendant shall file any opposition papers by October 26, 2022. The TRO shall remain in effect until the Court rules on the preliminary injunction. (dgo)
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| Filing 14 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kdu) |
| Filing 13 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen E. Scott to Magistrate Judge Karen E. Scott for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Douglas F. McCormick. The case number will now reflect the initials of the transferee Judges 8:22-cv-01800-DOC (DFMx). (et) |
| Filing 12 EX PARTE APPLICATION for Temporary Restraining Order as to enjoining Defendant Leah Alspaugh and anyone acting in concert with Defendant Leah Alspaugh from (1) Infringing on Plaintiffs federally registered trademarks; (2) Making representations to any person or entity, or federal or state agency, that she is the owner, agent, representative of, or has any affiliation with, Plaintiff or any of its brands, including LA Fitness and Pro Results; (3) Taking any action, including filing any document, with any federal or state agency in any state, under the name LA Fitness, Fitness International, LLC, Pro Results, Leah Alspaugh Fitness International, or Leah Alspaugh LA Fitness, LLC; (4) Contacting any of Plaintiffs employees by email, phone or in person; and (5) Entering, or coming within 500 feet, of any of Plaintiffs facilities nationwide, including its gyms and corporate offices. filed by Plaintiff Fitness International, LLC. (Attachments: #1 Memorandum, #2 Declaration of Alice Chen Smith, #3 Declaration of Megan Stokesberry, #4 Exhibit A to Decl. of Megan Stokesberry, #5 Exhibit B to Decl. of Megan Stokesberry, #6 Exhibit C to Decl. of Megan Stokesberry, #7 Exhibit D to Decl. of Megan Stokesberry, #8 Exhibit E to Decl. of Megan Stokesberry, #9 Exhibit F to Decl. of Megan Stokesberry, #10 Exhibit G to Decl. of Megan Stokesberry, #11 Exhibit H to Decl. of Megan Stokesberry, #12 Exhibit I to Decl. of Megan Stokesberry, #13 Declaration of Mervet Shuber, #14 Exhibit J to Decl. of Mervet Shuber, #15 Exhibit K to Decl. of Mervet Shuber, #16 Exhibit L to Decl. of Mervet Shuber, #17 Exhibit M to Decl. of Mervet Shuber, #18 Proposed Order) (Chen Smith, Alice) |
| Filing 11 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Fitness International, LLC. (DeMetruis, Christine) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Leah Alspaugh. (es) |
| Filing 9 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #4 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Fitness International, LLC. (Chen Smith, Alice) |
| Filing 8 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. (Attachments: #1 AO Form 120) (rolm) |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, #5 . The following error(s) was found: 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. The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (rolm) |
| Filing 6 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen E. Scott. (Attachments: #1 CV-11 C) (rolm) |
| Filing 5 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #4 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS. (Chen Smith, Alice) |
| Filing 4 Certification and NOTICE of Interested Parties filed by Plaintiff FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS, (Chen Smith, Alice) |
| Filing 3 PROOF OF SERVICE Executed by Plaintiff FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon Leah Alspaugh; Defendant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Chen Smith, Alice) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS. (Chen Smith, Alice) |
| Filing 1 COMPLAINT with filing fee previously paid (402.00 paid on 10/03/2022, receipt number ACACDC-34091402), filed by Plaintiff FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS. (Attorney Alice Chen Smith added to party FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS(pty:pla))(Chen Smith, Alice) |
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