American Automobile Association, Inc. v. HCM Brothers, Inc. et al
Plaintiff: American Automobile Association, Inc.
Defendant: HCM Brothers, Inc. and Fu Shen Hsiao
Case Number: 2:2008cv02878
Filed: November 26, 2008
Court: US District Court for the Eastern District of California
Office: Trademark Office
County: Sacramento
Presiding Judge:
Presiding Judge: Garland E. Burrell
Presiding Judge: Gregory G. Hollows
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 15:1125 Trademark Infringement (Lanham Act)

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 28, 2010 Opinion or Order Filing 42 ORDER FOR RELEASE OF PERSON IN CUSTODY signed by Judge Garland E. Burrell, Jr. on 4/28/2010 40 pursuant to order given in Court on 4/27/2010. (Reader, L)
April 22, 2010 Opinion or Order Filing 38 BENCH WARRANT signed by Judge Garland E. Burrell, Jr on 4/22/2010 ORDERING that Since Defendants remain in violation of the permanent injunction filed on October 29, 2009, and failed to comply with the April 6, 2010 order, to effectuate compliance w ith the Court's orders, a civil seizure warrant shall issue for Defendant Fu Shen Hsiao,requiring that he be immediately seized and incarcerated until the contempt is purged. Following the seizure of Defendant Fu Shen Hsiao, the undersigned jud ge shall be notified so that a hearing may be scheduled to determine whether Defendant Fu Shen Hsiao is willing and able to comply with the October 29, 2009 order, a copy of which is attached as Exhibit B. Defendant Fu Shen Hsiao is further advised that if he wishes to purge himself before the hearing, he shall remove Plaintiffs trademarks from the three webpages listed above and attached as Exhibit A, and from any other place they are displayed. Since Defendants have repeatedly refused to acce pt documents sent from Plaintiff's counsel, the Clerk of the Court shall serve by express mail a copy of this order on Defendant Fu Shen Hsiao at Cedar Inn & Suites, 890 Stateline Avenue, South Lake Tahoe, CA 96150.(Duong, D) ( cc: Fu Shen Hsiao through express mail #EJ019433555US) . Modified on 4/22/2010 (Duong, D).
April 21, 2010 Opinion or Order Filing 36 ORDER signed by Judge Garland E. Burrell, Jr on 4/21/2010 ORDERING since Plaintiff has shown that the $3,888 in attorneys' fees and costs previously requested is reasonable, Defendants shall pay Plaintiff a remedial sanction of $3,888 asprovided in the April 6 order. Since Plaintiff's counsel has informed the Court that Defendants have repeatedly refused to accept documents sent from Plaintiff's counsel, the Clerk of the Court shall serve by mail a copy of this order and the order filed on April 6, 2010 on Defendant Fu Shen Hsiao at Cedar Inn & Suites, 890 Stateline Avenue, South Lake Tahoe, California 96150.(Matson, R)
April 6, 2010 Opinion or Order Filing 30 ORDER signed by Judge Garland E. Burrell, Jr. on 04/06/10 ORDERING that no later than 04/19/10, dfts shall comply fully with the 20 Permanent Injunction and CEASE all remaining unauthorized uses of AAAs trademarks, including but not limited to the uses demonstrated in Exhibit A attached to this Order. If dfts do not comply with this Order by 04/19/10, a bench warrant may issue for the immediate arrest of dft Fu Shen Hsiao. As a remedial sanction, dfts shall also pay to AAA the reasonable att orneys' fees and costs AAA incurred in enforcing the Permanent Injunction. The parties are ordered to appear for further hearing on this matter on 04/19/10 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. AAA shall serve a copy of this Order on dfts by mail and shall also hand deliver a copy of this Order to the front desk of the Cedar Inn & Suites hotel by 04/12/10. (Benson, A.)
February 12, 2010 Opinion or Order Filing 26 ORDER GRANTING IN PART PLTF'S MOTION FOR AN ORDER TO SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 2/11/2010 ORDERING that Dfts HCM Brothers, Inc., d/b/a Cedar Inn & Suites and Fu Shen Hsiao shall appear before this Court on 4/5/2010 at 9:00 A.M. in Courtroom 10, for the purpose of showing cause why they should not be held in contempt of court for violating the Order, and why they should not be required to pay the attorneys' fees Pltf incurs to enforce the Order. Pltf shall provide proof of service of this order on each Dft no later than 3/1/2010. Dfts shall file an opposition, or a statement of non-opposition, no later than 3/22/2010; Plaintiff may file areply no later than 3/29/2010. (Engbretson, K.)
September 3, 2009 Opinion or Order Filing 17 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/2/09 recommending that pltf's Motion for Default Judgment 13 be granted in the amount of $11,782.85 and injunctive relief be granted as specified in pltf's proposed judgment which is approved as to form and substance; objections may be filed within 10 days after being served with these F&R's. (Carlos, K)
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Plaintiff: American Automobile Association, Inc.
Represented By: Erin Canfield Smith
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Defendant: HCM Brothers, Inc.
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Defendant: Fu Shen Hsiao
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