Kiva Health Brands LLC v. Kiva Brands Inc. et al
Plaintiff: Kiva Health Brands LLC
Defendant: Kiva Brands Inc. and Does 1 through 20
Case Number: 3:2019cv03459
Filed: June 19, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Charles R Breyer
Referring Judge: Donna M Ryu
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on December 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 2, 2020 Filing 75 Transcript of Proceedings held on February 7, 2020, before Judge Charles R. Breyer. Court Reporter, Marla F. Knox, RPR, CRR, telephone number (602) 391-6990. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #72 Transcript Order ) Release of Transcript Restriction set for 6/1/2020. (Related documents(s) #72 ) (mfkS, COURT STAFF) (Filed on 3/2/2020)
February 14, 2020 Opinion or Order Filing 74 ORDER by Judge Charles R. Breyer granting in part and denying in part #63 KHB Motion for Partial Summary Judgment; denying #64 KBI Motion for Summary Judgment. (crblc1, COURT STAFF) (Filed on 2/14/2020)
February 14, 2020 Filing 73 TRANSCRIPT ORDER for proceedings held on 02/07/2020 before Judge Charles R. Breyer by Kiva Brands Inc., for Court Reporter Marla Knox. (Costanza, Nicholas) (Filed on 2/14/2020)
February 11, 2020 Filing 72 TRANSCRIPT ORDER for proceedings held on 2/7/20 before Judge Charles R. Breyer by Kiva Health Brands LLC, for Court Reporter Marla Knox. (Lightstone, Sarah) (Filed on 2/11/2020)
February 7, 2020 Filing 71 Minute Entry for proceedings held before Judge Charles R. Breyer: Motion Hearing held on 2/7/2020 - Re #63 Motion for Partial Summary Judgment on Defendant's Prior Use Defense and Laches and Related Equitable Defenses With Memorandum of Points and Authorities In Support Thereof filed by Kiva Health Brands LLC; Re #64 Motion for Summary Judgment filed by Kiva Brands Inc. - Motion taken under submission - #63 Motion for Partial Summary Judgment; Motion taken under submission - #64 Motion for Summary Judgment. The Court will issue an order. (Total Time in Court: 44 Minutes) Court Reporter: Marla Knox. Plaintiff Attorney: Armen Nercessien, Kathryn Fritz and Sarah Lightstone. Defendant Attorney: Brett Schuman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Date Filed: 2/7/2020)
January 10, 2020 Filing 70 OBJECTIONS to re #69 Reply to Opposition/Response,,, by Kiva Brands Inc.. (Schuman, Brett) (Filed on 1/10/2020)
January 3, 2020 Filing 69 REPLY (re #63 MOTION for Partial Summary Judgment on Defendant's Prior Use Defense and Laches and Related Equitable Defenses With Memorandum of Points and Authorities In Support Thereof ) filed byKiva Health Brands LLC. (Attachments: #1 Declaration of Kathryn J. Fritz, #2 Exhibit 1 to Fritz Decl., #3 Exhibit 2 to Fritz Decl., #4 Exhibit 3 to Fritz Decl., #5 Exhibit 4 to Fritz Decl., #6 Exhibit 5 to Fritz Decl., #7 Exhibit 6 to Fritz Decl., #8 Exhibit 7 to Fritz Decl., #9 Exhibit 8 to Fritz Decl., #10 Exhibit 9 to Fritz Decl., #11 Exhibit 10 to Fritz Decl., #12 Exhibit 11 to Fritz Decl., #13 Exhibit 12 to Fritz Decl., #14 Exhibit 13 to Fritz Decl.)(Fritz, Kathryn) (Filed on 1/3/2020)
January 3, 2020 Filing 68 REPLY (re #64 MOTION for Summary Judgment ) In Support of Kiva Brands Inc.'s Motion for Summary Judgment Based On Its Laches Affirmative Defense filed byKiva Brands Inc.. (Schuman, Brett) (Filed on 1/3/2020)
December 20, 2019 Filing 67 OPPOSITION/RESPONSE (re #63 MOTION for Partial Summary Judgment on Defendant's Prior Use Defense and Laches and Related Equitable Defenses With Memorandum of Points and Authorities In Support Thereof ) filed byKiva Brands Inc.. (Attachments: #1 Declaration of John Chigbu, #2 Declaration of Scott Palmer, #3 Declaration of Brett Schuman)(Schuman, Brett) (Filed on 12/20/2019)
December 20, 2019 Filing 66 OPPOSITION/RESPONSE (re #64 MOTION for Summary Judgment ) Based on Its Laches Affirmative Defense filed byKiva Health Brands LLC. (Attachments: #1 Declaration of Tchad Henderson, #2 Exhibit 1 to Henderson Decl., #3 Exhibit 2 to Henderson Decl., #4 Exhibit 3 to Henderson Decl., #5 Exhibit 4 to Henderson Decl., #6 Exhibit 5 to Henderson Decl., #7 Exhibit 6 to Henderson Decl., #8 Exhibit 7 to Henderson Decl., #9 Exhibit 8 to Henderson Decl., #10 Exhibit 9 to Henderson Decl., #11 Exhibit 10 to Henderson Decl., #12 Exhibit 11 to Henderson Decl., #13 Exhibit 12 to Henderson Decl., #14 Exhibit 13 to Henderson Decl., #15 Exhibit 14 to Henderson Decl., #16 Exhibit 15 to Henderson Decl., #17 Exhibit 16 to Henderson Decl., #18 Declaration of Kathryn J. Fritz, #19 Exhibit 1 to Fritz Decl., #20 Exhibit 2 to Fritz Decl., #21 Exhibit 3 to Fritz Decl., #22 Exhibit 4 to Fritz Decl., #23 Exhibit 5 to Fritz Decl., #24 Exhibit 6 to Fritz Decl., #25 Exhibit 7 to Fritz Decl., #26 Exhibit 8 to Fritz Decl., #27 Exhibit 9 to Fritz Decl.)(Fritz, Kathryn) (Filed on 12/20/2019)
December 20, 2019 Filing 65 CLERK'S NOTICE Continuing Motion Hearing: Motion Hearing set for 2/7/2020 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (Related documents #63 , #64 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tvnS, COURT STAFF) (Filed on 12/20/2019)
December 6, 2019 Filing 64 MOTION for Summary Judgment filed by Kiva Brands Inc.. Motion Hearing set for 1/24/2020 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 12/20/2019. Replies due by 12/27/2019. (Attachments: #1 Declaration of Dominic Rand in support of Kiva Brand Inc.'s Motion for Summary Judgment, #2 Proposed Order Granting Kiva Brand Inc.'s Motion for Summary Judgment)(Schuman, Brett) (Filed on 12/6/2019)
December 6, 2019 Filing 63 MOTION for Partial Summary Judgment on Defendant's Prior Use Defense and Laches and Related Equitable Defenses With Memorandum of Points and Authorities In Support Thereof filed by Kiva Health Brands LLC. Motion Hearing set for 1/24/2020 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 12/20/2019. Replies due by 12/27/2019. (Attachments: #1 Declaration of Tchad Henderson In Support of Plaintiff Kiva Health Brand LLC's Motion for Partial Summary Judgment On Defendant's Prior Use Defense and Laches and Related Equitable Defenses, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Declaration of Kathryn J. Fritz In Support of Plaintiff Kiva Health Brands LLC's Motion for Partial Summary Judgment on Defendant's Prior Use Defense and Laches and Related Equitable Defenses, #20 Exhibit 1, #21 Exhibit 2, #22 Exhibit 3, #23 Exhibit 4, #24 Exhibit 5, #25 Exhibit 6, #26 Exhibit 7, #27 Exhibit 8, #28 Exhibit 9, #29 Exhibit 10, #30 Exhibit 11, #31 Exhibit 12, #32 Exhibit 13, #33 Exhibit 14, #34 Exhibit 15, #35 Exhibit 16, #36 Exhibit 17, #37 Proposed Order Granting Kiva Health Brands LLC's Motion for Partial Summary Judgment On Defendant's Prior Use Defense and Laches and Related Equitable Defenses)(Fritz, Kathryn) (Filed on 12/6/2019)
December 6, 2019 Filing 62 NOTICE of Appearance by Matthew Berman Becker (Becker, Matthew) (Filed on 12/6/2019)
November 4, 2019 Opinion or Order Filing 61 ORDER VACATING CMC AND SETTING BRIEFING SCHEDULE AND HEARING ON SUMMARY JUDGMENT. Signed by Judge Charles R. Breyer on 11/4/2019. (crblc1, COURT STAFF) (Filed on 11/4/2019)
October 31, 2019 Filing 60 Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Settlement Conference held on 10/31/2019. Case did not settle. FTR Time: Not reported. Attorney for Plaintiff: Kathryn J. Fritz, Armen NercessianAttorney for Defendant: Brett Schuman, Jeremy Lateiner(tvnS, COURT STAFF) (Date Filed: 10/31/2019)
September 25, 2019 Filing 59 TRANSCRIPT ORDER for proceedings held on September 6, 2019 before Judge Charles R. Breyer by Kiva Health Brands LLC, for Court Reporter Ana Dub. (Fritz, Kathryn) (Filed on 9/25/2019)
September 24, 2019 Filing 58 Transcript of Proceedings held on September 6, 2019, before Judge Charles R. Breyer. Stenographic Court Reporter Ana M. Dub, CSR 7445, RDR, CRR, telephone number 415-290-1651 ana_dub@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Stenographic Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #56 Transcript Order ) Release of Transcript Restriction set for 12/23/2019. (Related documents(s) #56 ) (amdS, COURT STAFF) (Filed on 9/24/2019)
September 19, 2019 Filing 57 ANSWER TO COUNTERCLAIM #10 Counterclaim (Amended) byKiva Health Brands LLC. (Fritz, Kathryn) (Filed on 9/19/2019)
September 13, 2019 Filing 56 TRANSCRIPT ORDER for proceedings held on 09/06/2019 before Judge Charles R. Breyer by Kiva Brands Inc., for Court Reporter Ana Dub. (Lateiner, Jeremy) (Filed on 9/13/2019)
September 6, 2019 Filing 55 Notice of Settlement Conference and Order Setting Settlement Conference before Chief Magistrate Judge Joseph C. Spero. Settlement Conference set for 10/31/2019 09:30 AM in San Francisco, Courtroom G, 15th Floor. Signed by Chief Magistrate Judge Joseph C. Spero on 9/6/19. (klhS, COURT STAFF) (Filed on 9/6/2019)
September 6, 2019 Filing 54 Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Scheduling Conference held on 9/6/2019. Settlement conference set for 10/31/19 at 9:30 AM. Court to issue Order.FTR Time: Not Reported. (klhS, COURT STAFF) (Date Filed: 9/6/2019)
September 6, 2019 Filing 53 Minute Entry for proceedings held before Judge Charles R. Breyer: Motion Hearing held on 9/6/2019. CASE REFERRED to Chief Magistrate Judge Spero for Settlement Conference. Further Case Management Conference set for December 13, 2019 at 8:30 a.m. A Joint Updated Case Management Statement due by December 6, 2019. The case management conference set for October 4, 2019 is vacated. (Total Time in Court: 8 Minutes) Court Reporter: Ana Dub. Plaintiff Attorney: Kathryn J. Fritz, Armen Nercess Nercessian. Defendant Attorney: Brett M. Schuman, Jeremy N. Lateiner and Nicholas M. Costanza. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Date Filed: 9/6/2019)
September 6, 2019 Opinion or Order Filing 52 ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION AND CROSS-MOTION FOR PRELIMINARY INJUNCTION, AND GRANTING MOTION TO DISMISS. Signed by Judge Charles R. Breyer on 9/6/2019. (crblc1, COURT STAFF) (Filed on 9/6/2019)
September 6, 2019 Set Deadlines/Hearings: Case Management Statement due by 12/6/2019. Further Case Management Conference set for 12/13/2019 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (ls, COURT STAFF) (Filed on 9/6/2019)
September 3, 2019 Filing 51 RESPONSE re #50 Statement of Recent Decisions by Kiva Brands Inc. by Kiva Health Brands LLC. (Fritz, Kathryn) (Filed on 9/3/2019)
August 30, 2019 Filing 50 Statement of Recent Decisions by Kiva Brands Inc.. (Schuman, Brett) (Filed on 8/30/2019)
August 30, 2019 Filing 49 Brief re #48 Letter, Re: Docket Correction: Kiva Brands Inc.s Reply to Kiva Health Brands LLCs Opposition toCross-Motion for Preliminary Injunction filed byKiva Brands Inc.. (Attachments: #1 Declaration in Support, #2 Certificate/Proof of Service)(Related document(s) #48 ) (Schuman, Brett) (Filed on 8/30/2019)
August 30, 2019 Filing 48 Letter from Nicholas Costanza re Docket Correction: Kiva Brands Inc.s Reply to Kiva Health Brands LLCs Opposition to Cross-Motion for Preliminary Injunction. (Costanza, Nicholas) (Filed on 8/30/2019) Modified on 9/4/2019 (mclS, COURT STAFF).
August 14, 2019 Filing 47 CLERK'S NOTICE VACATING MOTION FOR PRELIMINARY INJUCTION on August 23, 2019 before the Honorable Charles R. Breyer. Motion Hearing reset for 9/6/2019 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 8/14/2019)
July 15, 2019 Opinion or Order Filing 46 STIPULATION AND ORDER SETTING HEARING DATE ON PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION (DKT. 21), PLAINTIFFS MOTION TO DISMISS SECOND AND THIRD COUNTERCLAIMS (DKT. 22), AND DEFENDANTS CROSS-MOTION FOR PRELIMINARY INJUNCTION (DKT. 25) by Judge Charles R. Breyer: Granting #45 Stipulation. Motion hearing set for August 23, 2019 at 10:00 a.m. (lsS, COURT STAFF) (Filed on 7/15/2019)
July 15, 2019 Set/Reset Deadlines as to Motion for Preliminary Injunction (Dkt. 21) - Hearing set for 8/23/2019 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 7/15/2019)
July 11, 2019 Filing 45 STIPULATION WITH PROPOSED ORDER Setting Hearing Date on Plaintiff's Motion for Preliminary Injunction (Dkt. 21), Plaintiff's Motion to Dismiss Second and Third Counterclaims (Dkt. 22), and Defendant's Cross-Motion for Preliminary Injunction (Dkt. 25) filed by Kiva Health Brands LLC. (Attachments: #1 Exhibit A)(Fritz, Kathryn) (Filed on 7/11/2019)
July 8, 2019 Opinion or Order Filing 44 STIPULATION AND ORDER OF CHANGE IN COUNSEL by Judge Charles R. Breyer: Granting #43 Stipulation. (lsS, COURT STAFF) (Filed on 7/8/2019)
July 3, 2019 Filing 43 STIPULATION WITH PROPOSED ORDER Regarding Change in Counsel filed by Kiva Health Brands LLC. (Fritz, Kathryn) (Filed on 7/3/2019)
July 1, 2019 Opinion or Order Filing 42 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE, Seth M. Reiss by Judge Charles R. Breyer: Granting #37 Motion for Pro Hac Vice. (lsS, COURT STAFF) (Filed on 7/1/2019)
June 28, 2019 Filing 41 NOTICE of Appearance by Nicholas M Costanza (Attorney for Defendant and Counterclaimant KIVA BRANDS INC) (Costanza, Nicholas) (Filed on 6/28/2019)
June 28, 2019 Filing 40 NOTICE of Appearance by Jeremy Noah Lateiner (Attorney for Defendant and Counterclaimant KIVA BRANDS INC) (Lateiner, Jeremy) (Filed on 6/28/2019)
June 26, 2019 Filing 39 CLERK'S NOTICE: A Joint Case Management Statement due by 9/27/2019. Initial Case Management Conference set for 10/4/2019 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 6/26/2019)
June 25, 2019 Opinion or Order Filing 38 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Judge Clerk on 6/25/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 6/25/2019)
June 25, 2019 Filing 37 MOTION for leave to appear in Pro Hac Vice for Attorney Seth M. Reiss ( Filing fee $ 310, receipt number 0971-13466540.) filed by Kiva Health Brands LLC. (Miller, Jon) (Filed on 6/25/2019)
June 25, 2019 Filing 36 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 6/25/2019)
June 21, 2019 Filing 35 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kiva Brands Inc... (Schuman, Brett) (Filed on 6/21/2019)
June 20, 2019 Filing 34 REPORT on the filing of an action regarding Trademark (cc: form mailed to register). (Attachments: #1 Transfer Order, #2 Complaint)(cjlS, COURT STAFF) (Filed on 6/20/2019)
June 20, 2019 Filing 33 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/11/2019. Initial Case Management Conference set for 9/18/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 6/20/2019)
June 19, 2019 Filing 32 CLERK'S NOTICE Regarding case received from Southern District of California. (jmlS, COURT STAFF) (Filed on 6/19/2019)
June 18, 2019 Filing 31 Case transferred in from District of California Southern; Case Number 3:18-cv-02249. Original file certified copy of transfer order and docket sheet received. Modified on 6/19/2019 (jmlS, COURT STAFF).
June 12, 2019 Opinion or Order Filing 30 ORDER TRANSFERRING CASE. Court grants Defendants #15 Motion to Change Venue. Case transferred to the Northern District of California. Files transferred electronically to: *Northern District of California*.*450 Golden Gate Avenue, Box 36060**San Francisco, CA 94102-3489*. Signed by Judge Cynthia Bashant on 6/12/2019. (Attachments: #1 Order) (jah) (jao).
June 10, 2019 Filing 29 AFFIDAVIT in Opposition re #25 Cross MOTION for Permanent Injunction to Correct Exhibit 10 filed by Kiva Health Brands LLC. (Reiss, Seth)
June 10, 2019 Filing 28 RESPONSE in Opposition re #25 Cross MOTION for Permanent Injunction filed by Kiva Health Brands LLC. (Attachments: #1 Declaration Decl. of Johnson in Support of Opposition)(Miller, Jon)
May 24, 2019 Filing 27 REPLY to Response to Motion re #22 MOTION to Dismiss the Second and Third Claims for Relief in First Amended Counterclaim, #21 MOTION for Preliminary Injunction filed by Kiva Health Brands LLC. (Attachments: #1 Declaration in Support of Reply to Opposition)(Miller, Jon) (sjm).
May 24, 2019 Filing 26 REPLY to Response to Motion re #15 MOTION to Change Venue filed by Kiva Brands Inc.. (Attachments: #1 Declaration of Brett M. Schuman)(Schuman, Brett) (sjm).
May 20, 2019 Filing 25 Cross MOTION for Permanent Injunction by Kiva Brands Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Scott Palmer, #3 Declaration of Brett Schuman, #4 Declaration of Adam Grablick)(Schuman, Brett). Modified on 5/21/2019 - Removed duplicate text and attachment descriptions (jah).
May 20, 2019 Filing 24 RESPONSE in Opposition re #22 MOTION to Dismiss the Second and Third Claims for Relief in First Amended Counterclaim, #21 MOTION for Preliminary Injunction filed by Kiva Brands Inc.. (Attachments: #1 Declaration of Scott Palmer, #2 Declaration of Adam Grablick, #3 Declaration of Brett Schuman)(Schuman, Brett). Modified on 5/21/2019 - Removed duplicate text and attachment descriptions (jah).
May 20, 2019 Filing 23 RESPONSE in Opposition re #15 MOTION to Change Venue filed by Kiva Health Brands LLC. (Attachments: #1 Notice of Lodgment in Opposition)(Miller, Jon). (jah).
May 3, 2019 Filing 22 MOTION to Dismiss the Second and Third Claims for Relief in First Amended Counterclaim by Kiva Health Brands LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit, #4 Declaration, #5 Exhibit)(Miller, Jon). Modified on 5/6/2019 - Wrong motion event. Corrected entry (jah).
May 3, 2019 Filing 21 MOTION for Preliminary Injunction by Kiva Health Brands LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit, #4 Declaration, #5 Exhibit)(Miller, Jon). (jah).
April 9, 2019 Opinion or Order Filing 20 ORDER granting #17 Joint Motion to Continue Early Neutral Evaluation/Case Management Conference. Currently the ENE/CMC is set for May 1, 2019. #11 . The Court finds good cause to continue the ENE/CMC to June 26, 2019 at 9:30AM before Magistrate Judge Mitchell D. Dembin. Confidential Settlement Conference Briefs and an Updated Joint Discovery Plan are due to chambers by June 19,2019. All provisions regarding the personal appearance of parties with full settlement authority remain unchanged from the Court's order of March 4, 2019. Signed by Magistrate Judge Mitchell D. Dembin on 04/09/2019. (no document attached) (atk)
April 9, 2019 Opinion or Order Filing 19 ORDER granting #18 Joint Motion for Protective Order. See attached Order. Signed by Magistrate Judge Mitchell D. Dembin on 04/09/2019. (atk)
April 8, 2019 Filing 18 Joint MOTION for Protective Order by Kiva Brands Inc.. (Attachments: #1 Proposed Protective Order)(Schuman, Brett)
April 3, 2019 Filing 17 Joint MOTION to Continue Early Neutral Evaluation and Case Management Conference by Kiva Brands Inc.. (Schuman, Brett). (jah).
March 25, 2019 Opinion or Order Filing 16 ORDER granting #14 Joint Motion to Expedite Discovery and Continue Hearing on Motion for Preliminary Injunction and Motion to Dismiss. Court terminates as moot #12 Motion for Preliminary Injunction and #13 Motion to Dismiss. Plaintiff shall file renewed motions by 5/3/2019. Court declines to set a hearing date and instructs the Parties to follow Court's standing orders when choosing a hearing date. Signed by Judge Cynthia Bashant on 3/25/2019. (jah)
March 25, 2019 Filing 15 MOTION to Change Venue by Kiva Brands Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Scott Palmer, #3 Declaration of Brett M. Schuman, #4 Exhibit A)(Schuman, Brett). Modified on 3/26/2019 - Removed duplicative attachment descriptions (jah).
March 21, 2019 Filing 14 Joint MOTION to Permit Expedited Discovery and Continue Hearing on #12 MOTION for Preliminary Injunction and #13 MOTION to Dismiss by Kiva Brands Inc.. (Schuman, Brett). Modified on 3/22/2019 - Edited text and added document link (jah).
March 18, 2019 Filing 13 MOTION to Dismiss Second and Third Claims for Relief in First Amended Counterclaim by Kiva Health Brands LLC. (Attachments: #1 Memo of Points and Authorities)(Miller, Jon). Modified on 3/19/2019 - Edited entry (jah).
March 15, 2019 Filing 12 MOTION for Preliminary Injunction by Kiva Health Brands LLC. (Attachments: #1 Motion to Dismiss Counterclaim, #2 Memo of Points and Authorities, #3 Declaration of Henderson, #4 Declaration of Jon B. Miller)(Miller, Jon). Modified on 3/18/2019 - Motion to Dismiss submitted as attachment. QC Email sent to file Motion to Dismiss separately. Removed duplicate attachment descriptions (jah).
March 4, 2019 Opinion or Order Filing 11 NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 5/1/2019 09:30 AM before Magistrate Judge Mitchell D. Dembin. Signed by Magistrate Judge Mitchell D. Dembin on 3/4/2019. (jah)
March 1, 2019 Filing 10 FIRST AMENDED COUNTERCLAIM, with Jury Trial Demand against Kiva Health Brands LLC, filed by Kiva Brands Inc.. (Schuman, Brett). Modified on 3/4/2019 - Edited text to add jury demand (jah).
February 11, 2019 Filing 9 Corporate Disclosure Statement by Kiva Brands Inc.. No Corporate Parents/Interested Parties. (Schuman, Brett)
February 11, 2019 Filing 8 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Kiva Health Brands LLC by Kiva Brands Inc..(Schuman, Brett)
January 3, 2019 Filing 7 NOTICE of Appearance by Brett Michael Schuman on behalf of Kiva Brands Inc. (Schuman, Brett)Attorney Brett Michael Schuman added to party Kiva Brands Inc.(pty:dft) (sjm).
January 3, 2019 Filing 6 PRO HAC APPROVED re #5 : Seth M. Reiss appearing for Plaintiff Kiva Health Brands LLC. (no document attached) (mdc)
January 2, 2019 Filing 5 Request to Appear Pro Hac Vice (Filing fee received: $ 180 receipt number 128503 - See 06cv1155-JAH-POR, #9.) (Application to be reviewed by Clerk.) (Reiss, Seth) Modified text on 1/3/2019 to include filing fee info. (mdc)
December 14, 2018 Filing 4 WAIVER OF SERVICE Returned Executed by Kiva Health Brands LLC, as to Kiva Brands Inc.. (Miller, Jon). (jah).
September 27, 2018 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (lrc)
September 26, 2018 Filing 3 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *4,514,257*, *4,804,607*, *5,108,487* cc:USPTO (lrc)
September 26, 2018 Filing 1 COMPLAINT with Jury Demand against Does 1 through 20, Kiva Brands Inc. ( Filing fee $ 400 receipt number 0974-11725296.), filed by Kiva Health Brands LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1)The new case number is 3:18-cv-2249-BAS-MDD. Judge Cynthia Bashant and Magistrate Judge Mitchell D. Dembin are assigned to the case. (Miller, Jon)(lrc) (sjt).

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Defendant: Kiva Brands Inc.
Represented By: Brett Michael Schuman
Represented By: Nicholas M. Costanza
Represented By: Jeremy Noah Lateiner
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Defendant: Does 1 through 20
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Plaintiff: Kiva Health Brands LLC
Represented By: Seth M. Reiss
Represented By: Jon B. Miller
Represented By: Armen Nercess Nercessian
Represented By: Jon Bernard Miller
Represented By: Kathryn J Fritz
Represented By: Matthew Berman Becker
Represented By: Sarah Vasquez Lightstone
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