WheelImage Corp. v. Axial Manufacturing et al
| WheelImage Corp. |
| Axial Manufacturing, VF Engineering, Rick Emmett, Nik Saran, Jonathan Tran, Does 1-100, inclusive and Matt Thomas |
| 8:2023cv02206 |
| November 26, 2023 |
| US District Court for the Central District of California |
| James V Selna |
| Autumn D Spaeth |
| Other Statutory Actions |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 48 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #39 filed by Plaintiff WheelImage Corp.. (Attachments: #1 Exhibit A)(Jmaev, Jack) |
| Filing 47 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss FIRST AMENDED COMPLAINT; FIRST, SECOND, THIRD, FIFTH, SIXTH, AND EIGHTH CLAIMS FOR RELIEF #41 filed by Plaintiff WheelImage Corp.. (Jmaev, Jack) |
| Filing 46 NOTICE of Interested Parties filed by Defendants Axial Manufacturing, Rick Emmett, Matt Thomas, Jonathan Tran, identifying Axial Manufacturing, Inc.. (Palmer, William) |
| Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Case #39 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. 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) |
| Filing 44 DISCLOSURE Initial filed by Defendants Axial Manufacturing, Rick Emmett, Matt Thomas, Jonathan Tran (Palmer, William) |
| Filing 43 NOTICE OF ERRATA filed by Defendants Axial Manufacturing, Rick Emmett, Matt Thomas, Jonathan Tran. correcting NOTICE OF MOTION AND MOTION to Dismiss Case #39 (Palmer, William) |
| Filing 42 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss FIRST AMENDED COMPLAINT; FIRST, SECOND, THIRD, FIFTH, SIXTH, AND EIGHTH CLAIMS FOR RELIEF #41 filed by Defendants Nik Saran, VF Engineering. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Malik, M) |
| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss FIRST AMENDED COMPLAINT; FIRST, SECOND, THIRD, FIFTH, SIXTH, AND EIGHTH CLAIMS FOR RELIEF filed by Defendants Nik Saran, VF Engineering. Motion set for hearing on 2/12/2024 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration of M. Alim Malik, #2 Proposed Order) (Malik, M) |
| Filing 40 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #39 filed by Defendants Axial Manufacturing, Rick Emmett, Matt Thomas, Jonathan Tran. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Palmer, William) |
| Filing 39 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Axial Manufacturing, Rick Emmett, Matt Thomas, Jonathan Tran. Motion set for hearing on 2/12/2024 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum, #2 Proposed Order) (Palmer, William) |
| Filing 38 PROOF OF SERVICE Executed by Plaintiff WheelImage Corp., upon Defendant Matt Thomas served on 12/15/2023, answer due 1/5/2024. Service of the Summons and Complaint were executed upon Doug Thomas in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy (Jmaev, Jack) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff WheelImage Corp., upon Defendant VF Engineering served on 12/11/2023, answer due 1/2/2024. Service of the Summons and Complaint were executed upon Aden Malik / Office Mgr. in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (Jmaev, Jack) |
| Filing 36 PROOF OF SERVICE Executed by Plaintiff WheelImage Corp., upon Defendant Jonathan Tran served on 12/11/2023, answer due 1/2/2024. Service of the Summons and Complaint were executed upon Jonathan Tran in compliance with Federal Rules of Civil Procedure by personal service (Jmaev, Jack) |
| Filing 35 PROOF OF SERVICE Executed by Plaintiff WheelImage Corp., upon Defendant Nik Saran served on 12/11/2023, answer due 1/2/2024. Service of the Summons and Complaint were executed upon Aden Malik / Office Manager in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (Jmaev, Jack) |
| Filing 34 PROOF OF SERVICE Executed by Plaintiff WheelImage Corp., upon Defendant Axial Manufacturing served on 12/11/2023, answer due 1/2/2024. Service of the Summons and Complaint were executed upon Loren Castro, Reg. Agent in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy (Jmaev, Jack) |
| Filing 33 PROOF OF SERVICE Executed by Plaintiff WheelImage Corp., upon Defendant Rick Emmett served on 12/14/2023, answer due 1/4/2024. Service of the Summons and Complaint were executed upon Individual in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (Jmaev, Jack) |
| Filing 32 TRANSCRIPT ORDER as to Defendants Nik Saran, VF Engineering for Court Reporter. Court will contact Audrey Evans at aevans@jacksontidus.law with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Malik, M) |
| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Plaintiff WheelImage Corp... (Jmaev, Jack) |
| Filing 30 Defendants Nic Saran and VF Engineering's NOTICE of Interested Parties (Malik, M) |
| Filing 29 NOTICE OF FILING TRANSCRIPT filed for proceedings 12-21-23 10:01 a.m. re Transcript #28 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY |
| Filing 28 TRANSCRIPT for proceedings held on 12-21-23 10:01 a.m. Court Reporter/Electronic Court Recorder: Sharon A Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/19/2024. Redacted Transcript Deadline set for 1/29/2024. Release of Transcript Restriction set for 3/28/2024. (Seffens, Sharon) |
Filing 27
MINUTES [IN CHAMBERS] Order Regarding Motion to Strike #22 by Judge James V. Selna: Plaintiff WheelImage Corp. moves to strike the declaration of Julian J. Uy in support of Defendants Axial Manufacturing, Rick Emmett, Matt Thomas, and Jonathan Tran (collectively, Defendants) Opposition to the application for a temporaryrestraining order. (Mot., Dkt. No. 22.) Since the Court denied the ex parte application, the Court DENIES as moot the Motion to strike. Denying #22 MOTION to Strike Julian J. Uy Declaration [ECF 19-3] #22 (es)
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| Filing 26 MINUTES OF Order to Show Cause RE: Preliminary Injunction Hearing held before Judge James V. Selna: The Court states the areas under discussion for the hearing. Counsel make their arguments. As stated on the record the Court DENIES the Preliminary Injunction and discharges the Order to Show Cause. The Court sets the Pretrial Conference for March 18, 2024 at 11:00 a.m. and the Jury Trial for April 2, 2024 at 8:30 a.m. Court Reporter: Sharon Seffens. (es) |
| Filing 25 NOTICE OF ERRATA filed by Defendants Axial Manufacturing, Rick Emmett, Matt Thomas, Jonathan Tran. correcting Objection/Opposition (Motion related),, #19 (Palmer, William) |
| Filing 24 NOTICE of Appearance filed by attorney M Alim Malik on behalf of Defendants Nik Saran, VF Engineering (Attorney M Alim Malik added to party Nik Saran(pty:dft), Attorney M Alim Malik added to party VF Engineering(pty:dft))(Malik, M) |
| Filing 23 REPLY SUPPORT First EX PARTE APPLICATION for Temporary Restraining Order as to Return Control of Domain Presence #13 Reply to Defendant's Opposition to OSC filed by Plaintiff WheelImage Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Letter Proof of Service)(Jmaev, Jack) |
| Filing 22 NOTICE OF MOTION AND MOTION to Strike Julian J. Uy Declaration [ECF 19-3] filed by Plaintiff WheelImage Corp.. Motion set for hearing on 12/21/2023 at 10:00 AM before Judge James V. Selna. (Attachments: #1 Proof of Service) (Lee, Nicholas) |
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Filing 21
ORDER by Judge James V. Selna: Granting #15 Non-Resident Attorney Nicholas S. Lee APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff WheelImage Corp., designating Jack I. Jmaev as local counsel. (es)
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| Filing 20 PROOF OF SERVICE filed by PLAINTIFF WheelImage Corp., re Notice (Other) #16 , Order on Motion for Temporary Restraining Order, #14 , Amended Complaint/Petition,, #9 , First EX PARTE APPLICATION for Temporary Restraining Order as to Return Control of Domain Presence #13 BY OVERNIGHT PARCEL served on 12/14/2023. (Jmaev, Jack) |
| Filing 19 Opposition Opposition re: First EX PARTE APPLICATION for Temporary Restraining Order as to Return Control of Domain Presence #13 filed by Defendants Axial Manufacturing, Rick Emmett, Matt Thomas, Jonathan Tran. (Attachments: #1 Declaration of Loren J. Castro, #2 Declaration of Rick R. Emmett, #3 Declaration of Julian J. Uy)(Attorney William W Palmer added to party Axial Manufacturing(pty:dft), Attorney William W Palmer added to party Rick Emmett(pty:dft), Attorney William W Palmer added to party Matt Thomas(pty:dft), Attorney William W Palmer added to party Jonathan Tran(pty:dft))(Palmer, William) |
| Filing 18 PROOF OF SERVICE filed by PLAINTIFF WheelImage Corp., re Notice (Other) #16 , Errata #17 , Order on Motion for Temporary Restraining Order, #14 , First EX PARTE APPLICATION for Temporary Restraining Order as to Return Control of Domain Presence #13 EMAIL AND E-SERVICE served on 12/14/2023. (Jmaev, Jack) |
| Filing 17 NOTICE OF ERRATA filed by Plaintiff WheelImage Corp.. correcting Notice (Other) #16 with Replacement Proof of Service (Attachments: #1 Letter Replacement Proof of Service)(Jmaev, Jack) |
| Filing 16 Notice OF COMPLIANCE TO SUBMIT UNDERTAKING filed by PLAINTIFF WheelImage Corp.. PURSUANT TO ORDER #14 (Attachments: #1 Letter BOND ON INJUNCTION, #2 Letter Proof of Service)(Jmaev, Jack) |
| Filing 15 First REQUEST of Non-Resident Attorney Nicholas S. Lee to Appear Pro Hac Vice on behalf of Plaintiff WheelImage Corp. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36580411) filed by PLAINTIFF WheelImage Corp.. (Attachments: #1 Proposed Order) (Jmaev, Jack) |
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Filing 14
ORDER RE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION #13 by Judge James V. Selna: YOU ARE HEREBY ORDERED TO SHOW CAUSE at 10:00 am December 21, 2023. The above Temporary Restraining Order is effective on Plaintiff's filing an undertaking in the sum of $ 10,000. [SEE DOCUMENT FOR FURTHER DETAILS AND DEADLINES.] Granting #13 EX PARTE APPLICATION for TRO. (es)
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| Filing 13 First EX PARTE APPLICATION for Temporary Restraining Order as to Return Control of Domain Presence filed by PLAINTIFF WheelImage Corp.. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Proposed Order, #21 Letter Proof of Service) (Jmaev, Jack) |
| Filing 12 21 DAY Summons Issued re First Amended Complaint/Petition, #9 as to Defendant Axial Manufacturing, Rick Emmett, Nik Saran, Matt Thomas, Jonathan Tran, VF Engineering. (es) |
| Filing 11 Request for Clerk to Issue Summons on Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #7 , Civil Cover Sheet (CV-71) #10 , Initial Order upon Filing of Complaint - form only #8 , Amended Complaint/Petition,, #9 filed by PLAINTIFF WheelImage Corp.. (Jmaev, Jack) |
| Filing 10 SECOND AMENDED CIVIL COVER SHEET filed by Plaintiff WheelImage Corp.. (Jmaev, Jack) |
| Filing 9 FIRST AMENDED COMPLAINT against DEFENDANT All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by PLAINTIFF WheelImage Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)(Jmaev, Jack) |
| Filing 8 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (eva) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Autumn D. Spaeth. (car) |
| Filing 4 CERTIFICATE of Interested Parties filed by PLAINTIFF WheelImage Corp., (Jmaev, Jack) |
| Filing 3 AMENDED CIVIL COVER SHEET filed by Plaintiff WheelImage Corp.. (Jmaev, Jack) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff WheelImage Corp.. (Jmaev, Jack) |
| Filing 1 COMPLAINT Receipt No: ACACDC-36463641 - Fee: $402, filed by PLAINTIFF WheelImage Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Attorney Jack Ivan Jmaev added to party WheelImage Corp.(pty:pla))(Jmaev, Jack) |
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