The National Grange of the Order of Patrons of Husbandry v. California State Grange
Plaintiff: The National Grange of the Order of Patrons of Husbandry
Defendant: California State Grange
Case Number: 2:2014cv00676
Filed: March 12, 2014
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Dale A. Drozd
Presiding Judge: William B. Shubb
Nature of Suit: Trademark
Cause of Action: 15:1051
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed Document Text
November 1, 2019 Opinion or Order Filing 288 ORDER signed by Senior Judge William B. Shubb on 11/1/2019 GRANTING Stipulated Request for Dismissal of Action. This matter is DISMISSED in its entirety, with prejudice, each party to bear its own fees and costs. (Zignago, K.)
May 7, 2019 Opinion or Order Filing 284 ORDER re 278 Ex Parte Application to Stay and 282 Court's Order filed 4/17/2019, signed by Senior Judge William B. Shubb on 5/7/2019: The court vacates the hearing set for 5/20/2019 and decides the request without oral argument. See Loc al Rule 230(c). IT IS THEREFORE ORDERED that the stay previously entered on the sale of defendant's name "California Guild" be, and the same hereby is, lifted UNLESS defendant posts a cash supersedeas bond in the amount of $102,7 07.78, in the form of a cashier's check made payable to the Clerk of the United States District Court, by 5:00 p.m. on 5/15/2019. If defendant posts the specified bond, a stay shall last until all appeals in this case are fully resolved. If d efendant fails to provide the specified bond, the sale of defendants name may take place. IT IS FURTHER ORDERED that defendant's Request for Sanctions and Attorneys' Fees be, and the same hereby is, DENIED. [See document for further details.] (Kirksey Smith, K)
April 17, 2019 Opinion or Order Filing 282 ORDER re 278 Defendant's Ex Parte Application to Stay the Sale of the Name signed by Senior Judge William B. Shubb on 4/17/2019: This court will exercise its discretion and stay the sale of the name "California Guild" scheduled fo r 4/18/2019, to allow time for the issues to be fully briefed and argued. This matter is set for hearing on defendant's request for a stay on the sale of its name "California Guild" on 5/20/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall file and serve supplemental briefs by 12:00 p.m. on 5/6/2019. The parties shall also address whether defendant should be required to post a bond pursuant to Federal Rule of Civil Procedure 62(b). (See document for further details.) (Kirksey Smith, K)
April 16, 2019 Opinion or Order Filing 280 ORDER signed by Senior Judge William B. Shubb on 4/16/2019 re 278 Ex Parte Application to Stay the Scheduled 4/18/2019 Execution Sale: Plaintiff may file a response to defendant's Ex Parte Application by 12 (Noon) on 4/17/2019 If plaintiff is unable to or otherwise does not respond, the court will rule on the application ex parte. (Kirksey Smith, K)
January 2, 2019 Opinion or Order Filing 276 ORDER signed by Senior Judge William B. Shubb on 1/2/2019 GRANTING 275 Plaintiff's Motion for Assignment. (Kirksey Smith, K)
October 23, 2018 Opinion or Order Filing 272 ORDER signed by Senior Judge William B. Shubb on 10/22/18 ORDERING that on October 4, 2018, plaintiff filed a memorandum of costs after judgment, acknowledgment of credit, and declaration of accrued interest. (Docket No. 269 .) The only documentation accompanying that filing is a state court form. The court cannot discern what, if anything, plaintiff asks this court to do. Therefore, absent a motion, the court will ignore that filing. (Becknal, R)
September 28, 2018 Opinion or Order Filing 267 ORDER signed by Magistrate Judge Deborah Barnes on 9/27/2018 ORDERING that Defendant shall produce the Hartland Promissory Note to plaintiff on or before 10/2/2018. Defendant's objection to the presence of Mr. Komski at the judgment debtor examination is OVERRULED. The judgment debtor exam is CONTINUED to 10/3/2018 at 09:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Zignago, K.)
September 21, 2018 Opinion or Order Filing 265 ORDER signed by Magistrate Judge Deborah Barnes on 9/20/2018 DENYING 257 Motion to Quash; DENYING 260 Motion to Sanctions except with respect to the $225 defense counsel has agreed to reimburse plaintiff; Counsel for defendant shall pay the $225 sanction to plaintiff on or before 9/27/2018; and The 8/31/2018 judgment debtor examination is continued to 9/27/2018 at 9:30 in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (cc: finance) (Washington, S) Modified on 9/21/2018 (Washington, S).
July 30, 2018 Opinion or Order Filing 255 ORDER signed by Magistrate Judge Deborah Barnes on 6/30/2018 ORDERING California Guild, by and through Robert McFarland, President to appear for examination on 8/31/2018 at 9:30 AM in Courtroom 27. (Reader, L)
June 8, 2018 Opinion or Order Filing 247 ORDER signed by Magistrate Judge Deborah Barnes on 6/7/18: Judgment Debtor Exam set for 7/20/2018 at 09:30 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Kaminski, H)
April 17, 2018 Opinion or Order Filing 235 ORDER signed by Senior Judge William B. Shubb on 4/17/2018 GRANTING the 226 Motion to Reopen Post-Judgment Proceedings; The Satisfaction of Judgment is hereby PARTIALLY VACATED to the extent of $93,707.78 upon the condition that plaintiff take the necessary steps to return the aforementioned dollar amount to the account from which it should not have been taken. Within 30 days, Defendant must pay plaintiff the additional sanctions in the amount of $9,000. (Fabillaran, J)
May 18, 2017 Opinion or Order Filing 218 ORDER signed by Senior Judge William B. Shubb on 5/18/2017 ORDERING 193 the costs submitted by plaintiff in its Memorandum of costs be, and the same hereby are, TAXED to defendant; and Defendant's Motion to deny plaintiff's request for attorneys' fees is hereby DENIED. 194 (Reader, L)
May 12, 2017 Opinion or Order Filing 212 ORDER signed by Senior Judge William B. Shubb on 5/11/17 ORDERING that plaintiff's Motion to disqualify the Ellis Law Group from this case be, and the same hereby is, DENIED. (Becknal, R)
May 4, 2017 Opinion or Order Filing 207 ORDER signed by Senior Judge William B. Shubb on 5/4/2017 re 205 Defendant's Ex Parte Application to File Surreply: IT IS HEREBY ORDERED that Defendant California Guild may file a Surreply of no more than 10 pages in length to address the new documents submitted with the Plaintiff's Reply in support of its Motion to Disqualify, to be filed by no later than 3:00 p.m. PST on May 4, 2017. (Kirksey Smith, K)
April 12, 2017 Opinion or Order Filing 200 STIPULATION and ORDER 198 signed by Senior Judge William B. Shubb on 4/12/2017 resetting hearing on 190 Plaintiff's MOTION to Disqualify Ellis Law Group as Defendant's Counsel for 5/8/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
April 11, 2017 Opinion or Order Filing 199 ORDER TO APPEAR FOR EXAMINATION signed by Magistrate Judge Deborah Barnes on 4/11/2017 ORDERING California Guild, by and through Robert McFarland, to appear 6/9/2017 at 09:30 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Zignago, K.)
March 9, 2017 Opinion or Order Filing 189 ORDER signed by Senior Judge William B. Shubb on 3/9/2017 GRANTING IN PART and DENYING IN PART 178 Plaintiff's Motion for Order of Assignment. (Kirksey Smith, K)
March 2, 2017 Opinion or Order Filing 185 MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 3/2/2017 DENYING 176 Plaintiff's MOTION TO ADD JUDGMENT DEBTOR. (Kirksey Smith, K)
February 28, 2017 Opinion or Order Filing 183 ORDER signed by Magistrate Judge Deborah Barnes on 2/27/2017 CONTINUING the hearing on 175 Motion to Remove Defendant's Confidentiality Designations to 3/24/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; ORDERING the parties to file a joint statement compliant with Local Rule 251 by 3/17/2017; CAUTIONING the defendant that a failure to participate in the joint statement or file a separate opposition will be deemed nonopposition to the granting of said motion. (Michel, G.)
January 24, 2017 Opinion or Order Filing 173 ORDER signed by Senior Judge William B. Shubb on 1/24/2017 DENYING 167 Plaintiff's Request to Seal. (Kirksey Smith, K)
October 12, 2016 Opinion or Order Filing 163 ORDER signed by Senior Judge William B. Shubb on 10/12/2016 DENYING 155 Defendant's Request to Stay 154 Order Awarding Attorney's Fees. (Kirksey Smith, K)
September 12, 2016 Opinion or Order Filing 154 ORDER granting 142 Motion for Attorney Fees signed by Senior Judge William B. Shubb on 9/9/16. (Kaminski, H)
May 23, 2016 Opinion or Order Filing 144 STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/20/16, ORDERING that the deadline for Defendant to file papers in opposition to the Motion for Attorney's Fees 142 is EXTENDED to 6/1/2016. (Kastilahn, A)
April 20, 2016 Opinion or Order Filing 138 MEMORANDUM AND ORDER RE 126 Motion for Injunction signed by Senior Judge William B. Shubb on 4/20/16. Defendant shall pay plaintiff these attorney's fees and file an affidavit with the court confirming payment within five (5) business days after the court issues its Order regarding the attorney's fees.(Mena-Sanchez, L)
March 28, 2016 Opinion or Order Filing 130 ORDER signed by Senior Judge William B. Shubb on 3/28/2016 GRANTING 127 Ex Parte Application to Shorten Time. Defendant shall have one (1) week to file an opposition to Plaintiff's 126 Motion for Injunction, by 4/4/2016. Plaintiff shall have three (3) days from Defendant's filing of an opposition to file a reply in support of the Motion for Injunction, by 4/7/2016. A hearing on Plaintiff's Motion for Injunction, should the Court determine that one will be held, shall take place on 4/18/2016 at 1:30 PM. (Zignago, K.)
March 18, 2016 Opinion or Order Filing 125 ORDER signed by Senior Judge William B. Shubb on 3/18/2016 DENYING 122 Plaintiff's Motion for Clarification. (Kirksey Smith, K)
March 8, 2016 Opinion or Order Filing 117 ORDER signed by Senior Judge William B. Shubb on 3/7/2016 ORDERING 109 that plaintiff's motion for an order to show cause why defendant should not be held in contempt, 109 be, and the same hereby is, DENIED without prejudice to plaintiff making a more specific request for relief. (Reader, L)
February 4, 2016 Opinion or Order Filing 112 RELATED CASE ORDER signed by Senior Judge William B. Shubb on 2/4/2016 FINDING that this action is related to the action denominated 2:16-cv-00201 TLN AC within the meaning of Local Rule 123(a); REASSIGNING the case denominated 2:16-cv-00201 TLN AC to Judge Willaim B. Shubb; DIRECTING the Clerk of Court to make the appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Michel, G.)
January 12, 2016 Opinion or Order Filing 108 ORDER denying 88 Motion to Stay Injunction Pending Appeal, signed by Senior Judge William B. Shubb on 1/11/16. (Kastilahn, A)
January 4, 2016 Opinion or Order Filing 104 ORDER signed by Senior Judge William B. Shubb on 1/4/2016 re 100 Defendant's Ex Parte Motion to Continue 88 Plaintiff's Motion for Order to Stay or Suspend Injunction Pending Appeal: IT IS HEREBY ORDERED that: 1) Defendant's Ex Parte Motion is GRANTED ON THE CONDITIONS that: i) defendant compensate plaintiff and its counsel for any non-refundable travel arrangements that have already been made for the January 11, 2016 hearing; (ii) the parties, and all those acting in c oncert with them, understand and agree that unless and until otherwise ordered, the 85 , 86 Court's September 30, 2015 injunction, remains in full force and effect and shall be complied with in letter and in spirit; 2) The January 11, 2016 he aring date on 88 Defendant's Motion to Stay Injunction Pending Appeal is hereby VACATED; 3) A new hearing date on 88 Defendants Motion to Stay Injunction Pending Appeal is set February 8, 2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and 4) Defendant shall file its reply to 99 Plaintiffs opposition to defendants Motion to Stay Injunction Pending Appeal no later than February 1, 2016. (Kirksey Smith, K)
November 13, 2015 Opinion or Order Filing 92 ORDER signed by Senior Judge William B. Shubb on 11/12/15 ORDERING that Defendant's 88 Motion for Order to stay of Injunction is CONTINUED from 12/14/15 to 1/11/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Mena-Sanchez, L)
September 30, 2015 Opinion or Order Filing 86 JUDGMENT entered *9/29/2015*: Issues have been tried or heard and a decision has been rendered. IT IS ORDERED AND ADJUDGED: Judgment is hereby entered in accordance with Court's 85 Order filed on 9/29/2015. Defendant and its agents, affiliates, and assigns, or any party acting in concert with defendant and its agents, affiliates, and assigns, are permanently enjoined from using marks containing the word Grange. (Marciel, M)
September 23, 2015 Opinion or Order Filing 79 ORDER signed by Senior Judge William B. Shubb on 9/23/15 DENYING 77 Joint Motion to Modify Final Pretrial Order. (Kirksey Smith, K)
August 14, 2015 Opinion or Order Filing 70 ORDER signed by Senior Judge William B. Shubb on 8/14/2015 DENYING 69 Defendant's Request to Appear by Telephone at the 8/17/2015 Final Pretrial Conference and Status Conference. (Kirksey Smith, K)
July 14, 2015 Opinion or Order Filing 60 MEMORANDUM AND ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT signed by Senior Judge William B. Shubb on 7/14/2015: IT IS ORDERED that 43 Plaintiff's Motion for Summary Judgment be, and the same hereby is, GRANTED; and that 44 Defendant' ;s Motion for Summary Judgment be, and the same hereby is, DENIED. IT IS FURTHER ORDERED that upon entry of final judgment in this action defendant and its agents, affiliates, and assigns, or any party acting in concert with defendant and its agents , affiliates, and assigns, shall be permanently enjoined from using marks containing the word "Grange." The parties shall appear for a Status Conference on 8/17/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb regarding the status of plaintiff's remaining claims and its prayer for damages. (Kirksey Smith, K)
June 24, 2015 Opinion or Order Filing 48 ORDER signed by Senior Judge William B. Shubb on 6/23/2015 GRANTING 47 Request to appear by telephone for hearing on motion to consolidate. Plaintiff National Grange's counsel shall be reachable at (202) 263-4300 on the day of the telephonic appearance. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Zignago, K.)
April 21, 2015 Opinion or Order Filing 40 STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 4/20/15 re: 39 ORDERING 20 Status (Pretrial Conference) Scheduling Order's status modified to permit depositions of Defendant and its principal, Robert McFarland. (Meuleman, A)
April 16, 2015 Opinion or Order Filing 38 STIPULATION and 37 PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 4/15/2015. This Order covers information furnished by a party to any other party, as well as documents furnished by non-parties who receive subpoenas in connection with this action, if and when the information and documents are designated by a party to action or non-party as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" in accordance with terms of this Order. (Marciel, M)
February 11, 2015 Opinion or Order Filing 34 RELATED CASE ORDER signed by Senior Judge William B. Shubb on 2/11/15 ORDERING that this case be related to case number 2:15-cv-0317 JAM EFB and that the related case be reassigned to Judge William B. Shubb and Magistrate Judge Dale A. Drozd for all further proceedings; any dates currently set in the reassigned case are VACATED. IT IS FURTHER ORDERED that the Clerk shall make the appropriate adjustments in the case assignment.(Meuleman, A)
January 14, 2015 Opinion or Order Filing 28 ORDER signed by Senior Judge William B. Shubb on 1/14/2015 DENYING 26 Defendant's Motion to Modify Status (Pretrial Scheduling) Order. (Kirksey Smith, K)
July 30, 2014 Opinion or Order Filing 23 MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 7/30/14 ORDERING that plaintiff's motion to strike defendant's affirmative defenses be, and the same hereby is, GRANTED as to defendant's affirmative defenses of failur e to state a claim, genericness and non-commercial use; and DENIED as to defendant's affirmative defenses of invalidity, acquiescence, waiver, estoppel, and laches, statute of limitations, prior common law use, fair use, lack of secondary meani ng, first sale, unclean hands, and failure to mitigate;plaintiff's motion to strike or dismiss defendant's first counterclaim be, and the same hereby is, DENIED; and plaintiff's motion to dismiss defendant's second, counterclaim be, and the same hereby is, GRANTED. Defendant has twenty days from the date this Order is signed to file an amended Answer and Counterclaims, if defendant can do so consistent with this Order. (Becknal, R)
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Plaintiff: The National Grange of the Order of Patrons of Husbandry
Represented By: James l Bikoff, PHV
Represented By: David Heasley
Represented By: Michael L. Turrill
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Defendant: California State Grange
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