J.R. Simplot Company v. Ewing Irrigation Products, Inc.
Plaintiff: J.R. Simplot Company
Defendant: Ewing Irrigation Products, Inc.
Case Number: 4:2022cv05480
Filed: September 26, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Donna M Ryu
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2022 Filing 24 REPORT on the determination of an action regarding trademark infringement (cc: form mailed to register). (Attachments: #1 Voluntary Dismissal)(slh, COURT STAFF) (Filed on 10/11/2022)
October 10, 2022 Filing 23 NOTICE of Voluntary Dismissal by J.R. Simplot Company (Herberholz, Dana) (Filed on 10/10/2022)
October 5, 2022 Opinion or Order Filing 22 Order by Magistrate Judge Donna M. Ryu granting #21 Stipulation Modifying Briefing Schedule for Ex Parte Application for Temporary Restraining Order. Signed on 10/5/2022.(dmrlc1, COURT STAFF) (Filed on 10/5/2022)
October 5, 2022 Filing 21 STIPULATION WITH PROPOSED ORDER To Extend TRO Briefing Schedule re #20 Order filed by J.R. Simplot Company. (Attachments: #1 Declaration Declaration of Richard Wallace, #2 Proposed Order)(Herberholz, Dana) (Filed on 10/5/2022)
October 4, 2022 Opinion or Order Filing 20 ORDER Setting Briefing Schedule and Hearing on #18 Ex Parte Application for Temporary Restraining Order and to Show Cause Regarding Preliminary Injunction filed by J.R. Simplot Company. Responses due by 10/6/2022. Replies due by 10/7/2022. Motion Hearing set for 10/13/2022 at 1:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 10/4/2022. (dmrlc1, COURT STAFF) (Filed on 10/4/2022)
October 4, 2022 Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ewing Irrigation Products, Inc... (Nielsen, Mark) (Filed on 10/4/2022)
October 3, 2022 Filing 18 Ex Parte Application for Temporary Restraining Order and to Show Cause Regarding Preliminary Injunction filed by J.R. Simplot Company. (Attachments: #1 Declaration of Dana M. Herberholz, #2 Exhibit A - 1717318 (NITRA KING), #3 Exhibit B - 1717318 File History, #4 Declaration of David Piper, #5 Exhibit A - Nitra King Label, #6 Exhibit B - www.ewingirrigation.com_51000110-nitra-king-21-2-4-fertilizer-50-lb-bag, #7 Exhibit C - Ewing Nitra King Advertising Materials, #8 Exhibit D - Advertising Materials, #9 Exhibit E - June 14, 2021 Email, #10 Exhibit F - Empro 21-2-4 Nitrate King, #11 Exhibit G - www.ewingirrigation.com_5179308051793080, #12 Exhibit H - Nitra King Label, #13 Declaration of John Sommercamp, #14 Declaration of Kevin Cooper, #15 Proposed Order)(Herberholz, Dana) (Filed on 10/3/2022)
October 3, 2022 Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by J.R. Simplot Company.. (Herberholz, Dana) (Filed on 10/3/2022)
October 3, 2022 Filing 16 SUMMONS Returned Executed by J.R. Simplot Company. Ewing Irrigation Products, Inc. served on 9/29/2022, answer due 10/20/2022. (Herberholz, Dana) (Filed on 10/3/2022)
September 28, 2022 Opinion or Order Filing 15 ORDER by Magistrate Judge Donna M. Ryu granting #10 Jordan L. Stott's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 9/28/2022)
September 28, 2022 Opinion or Order Filing 14 ORDER by Magistrate Judge Donna M. Ryu granting #6 Dana M. Herberholz's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 9/28/2022)
September 27, 2022 Filing 13 NOTICE of Appearance by Daniel Jedediah Knauss (Knauss, Daniel) (Filed on 9/27/2022)
September 27, 2022 Filing 12 Summons Issued as to Ewing Irrigation Products, Inc.. (tn, COURT STAFF) (Filed on 9/27/2022)
September 27, 2022 Filing 11 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 12/28/2022. Initial Case Management Conference set for 1/4/2023 at 1:30 PM in Oakland, Courtroom 4, 3rd Floor. (tn, COURT STAFF) (Filed on 9/27/2022)
September 27, 2022 Filing 10 MOTION for leave to appear in Pro Hac Vice for Jordan L. Stott ( Filing fee $ 317, receipt number ACANDC-17569588.) filed by J.R. Simplot Company. (Attachments: #1 Supplement Certificate of Good Standing)(Stott, Jordan) (Filed on 9/27/2022)
September 27, 2022 Filing 9 Certificate of Interested Entities by J.R. Simplot Company (Stott, Jordan) (Filed on 9/27/2022)
September 27, 2022 Filing 8 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/11/2022. (mbc, COURT STAFF) (Filed on 9/27/2022)
September 26, 2022 Filing 7 NOTICE of Appearance by Angela Lucille Dunning (Dunning, Angela) (Filed on 9/26/2022)
September 26, 2022 Filing 6 MOTION for leave to appear in Pro Hac Vice for Dana M. Herberholz, (Filing Fee: $317,00, receipt number ACANDC-17568669) filed by J.R. Simplot Company. (Attachments: #1 Supplement Certificate of Good Standing)(Herberholz, Dana) (Filed on 9/26/2022)
September 26, 2022 Filing 5 REPORT on the filing of an action regarding a Trademark (cc: form mailed to register). (Herberholz, Dana) (Filed on 9/26/2022)
September 26, 2022 Filing 4 Certificate of Interested Entities by J.R. Simplot Company (Herberholz, Dana) (Filed on 9/26/2022)
September 26, 2022 Filing 3 Corporate Disclosure Statement by J.R. Simplot Company (Herberholz, Dana) (Filed on 9/26/2022)
September 26, 2022 Filing 2 Proposed Summons. (Herberholz, Dana) (Filed on 9/26/2022)
September 26, 2022 Filing 1 COMPLAINT for Trademark Infringement, False Designation of Origin, and Unfair Competition against J.R. Simplot Company ( Filing fee $ 402, receipt number ACANDC-17568310.). Filed by J.R. Simplot Company. (Attachments: #1 Exhibit A - Reg. No. 1717318 (NITRA KING), #2 Exhibit B - www.ewingirrigation.com_5179308051793080, #3 Exhibit C - www.ewingirrigation.com_51000110-nitra-king-21-2-4-fertilizer-50-lb-bag, #4 Exhibit D - Nitrate King Product Hayward, #5 Civil Cover Sheet)(Herberholz, Dana) (Filed on 9/26/2022) Modified on 9/27/2022 (tn, COURT STAFF).

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Plaintiff: J.R. Simplot Company
Represented By: Angela Lucille Dunning
Represented By: Dana M. Herberholz
Represented By: Daniel Jedediah Knauss
Represented By: Jordan Stott
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Defendant: Ewing Irrigation Products, Inc.
Represented By: Mark D. Nielsen
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