Benefit Cosmetics LLC v. E.L.F. Cosmetics, Inc.
| Benefits Cosmetics LLC and Benefit Cosmetics LLC |
| E.L.F. Cosmetics, Inc. |
| 3:2023cv00861 |
| February 24, 2023 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Richard Seeborg |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on February 3, 2024. A more recent docket listing may be available from PACER.
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Filing 53
Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 12/19/2023 at 10:00 AM in San Francisco, Courtroom E, 15th Floor. See attached Order. Signed by Magistrate Judge Thomas S. Hixson on 10/17/2023. (rmm2, COURT STAFF) (Filed on 10/17/2023)
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Filing 52
Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Telephone Conference held on 10/11/2023.Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Telephone Conference re scheduling Settlement Conference held on 10/11/2023 at 3:30 PM.Digital Recording Time: Not Recorded. Plaintiff Attorney: Seth Herring. Defendant Attorney: Anthony Lo Cicero. Counsel shall contact the Courtroom Deputy by email by COB 10/12/2023 and let her know which dates or date, 12/18/2023 or 12/19/2023 at 10:00 AM, for an In-Person hearing, in Courtroom E, 15th Floor, 450 Golden Gate Avenue SF, CA, to schedule the settlement conference.Courtroom Deputy's email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Date Filed: 10/11/2023)
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Filing 51
CLERK'S NOTICE: Scheduling a further Pre-Settlement Conference Telephone Call to reschedule a new date for the Settlement Conference :A further Pre-Settlement Conference Telephone Call is scheduled for: 10/11/2023 at 3:30 P.M. Counsel shall be prepared schedule a new date for the Settlement Conference to occur due to the postponement of the Settlement Conference on 10/5/2023.Counsel shall call the following conference call number: 1-888-684-8852/Access Code: 2925506If counsel have any questions please contact the Courtroom Deputy, Rose Maher, by email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Filed on 10/5/2023)
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Filing 50
CLERK'S NOTICE CHANGING START TIME OF SETTLEMENT CONFERENCE: The Start time of the Settlement Conference scheduled for 10/5/2023 at 10:00 AM, shall INSTEAD BEGIN AT: 10:30 AM, in San Francisco, Courtroom E, 15th Floor, before Magistrate Judge Thomas S. Hixson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Filed on 10/2/2023)
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Filing 49
ORDER RE #48 GRANTING UNOPPOSED MOTION TO MODIFY CASE MANAGEMENT SCHEDULING ORDER. Case Management Statement due by 1/25/2024. Further Case Management Conference previously set for 12/14/2023 is continued to 2/1/2024 at 10:00 AM in San Francisco, - Videoconference Only. Signed by Judge Richard Seeborg on 9/20/2023. (cl, COURT STAFF) (Filed on 9/20/2023)
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Filing 48
Unopposed MOTION for Extension of Time to Complete Discovery and Modify Case Management Scheduling Order ECF No. 43 filed by E.L.F. Cosmetics, Inc.. (Attachments: #1 Declaration of Richard S. Mandaro, #2 Proposed Order)(Steinberg, Stephen) (Filed on 9/20/2023) Modified on 9/21/2023 (jml, COURT STAFF).
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Filing 47
Order Setting Settlement Conference before Magistrate Judge Settlement Conference set for 10/5/2023 at 10:00 AM in San Francisco, Courtroom E, 15th Floor. Signed by Magistrate Judge Thomas S. Hixson on 8/29/2023. (rmm2, COURT STAFF) (Filed on 8/29/2023)
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Filing 46
Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Telephone Conference re scheduling Settlement Conference held on 8/23/2023 at 2:00 p.m.Digital Recording Time: Not Recorded. Plaintiff Attorney: Seth Herring/Eryn Terry. Defendant Attorney: Anthony Lo Cicero/Stephen Steinberg/Richard Mandaro. Proceedings: Telephone conference held on 8/23/2023 to schedule a date for Settlement Conference. Proposed Settlement Conference dates: 10/5/2023 and 10/6/2023 at 10:00 a.m., In Person, Courtroom E, 15th Floor, 450 Golden Gate Avenue, San Francisco. Counsel shall check with their clients/representatives re which dates or date is available for the Settlement Conference. By COB on Tuesday, 8/24/2023, counsel shall email the Courtroom Deputy, Rose Maher and let her know if both dates or which single date, 10/5/2023 and 10/6/2023, is available to schedule the Settlement Conference. Courtroom Deputy email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Date Filed: 8/23/2023) Modified on 8/23/2023 (rmm2, COURT STAFF).
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Filing 45
CLERK'S NOTICE: Pre-Settlement Conference Telephone Call: This case has been referred for Settlement Conference to Magistrate Judge Thomas S. Hixson. A Pre-Settlement Conference Telephone Call is scheduled for: 8/23/2023 at 2:00 P.M. Counsel shall be prepared to speak about the status of this case and to talk about the Settlement Conference and schedule a date for the Settlement Conference. Counsel shall call the following conference call number: 1-888-684-8852/Access Code: 2925506 If counsel have any questions please contact the Courtroom Deputy, Rose Maher, by email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Filed on 8/18/2023)
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Filing 44
Discovery Order Setting Forth Procedures for Raising Discovery Disputes. Signed by Judge Laurel Beeler on 8/17/2023. (Attachments: #1 Standing Order)(lblc2, COURT STAFF) (Filed on 8/17/2023)
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Filing 43
CASE MANAGEMENT SCHEDULING ORDER.ORDER REFERRING CASE to Magistrate Judge for Settlement, ORDER REFERRING CASE to Magistrate Judge for Discovery purposesFurther Case Management Conference set for 12/14/2023 at 10:00 AM in San Francisco, - Videoconference Only. Pretrial Conference set for 8/14/2024 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Bench Trial set for 8/26/2024 at 09:00 AM before Judge Richard Seeborg. Signed by Chief Judge Richard Seeborg on 8/17/2023. (cl, COURT STAFF) (Filed on 8/17/2023)
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Filing 42
Minute Entry for proceedings held before Judge Richard Seeborg: Initial Case Management Conference held via Zoom on 8/17/2023. Parties referred to Magistrate Judge for Settlement. Court to issue Case Management Scheduling Order.Total Time in Court: 9 minutes. Court Reporter: Not Reported or Recorded. Plaintiff Attorney: Seth Herring. Defendant Attorney: Anthony Lo Cicero, Stephen Steinberg. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cl, COURT STAFF) (Date Filed: 8/17/2023)
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CASE REFERRED to Magistrate Judge Thomas S. Hixson for Settlement (mkl, COURT STAFF) (Filed on 8/17/2023)
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CASE REFERRED to Magistrate Judge Laurel Beeler for Discovery (mkl, COURT STAFF) (Filed on 8/17/2023)
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Filing 41
CLERK'S NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 8/17/2023 at 10:00 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/rs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at rscrd@cand.uscourts.gov no later than August 16, 2023 at 12:00 pm.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.). (cl, COURT STAFF) (Filed on 8/11/2023)
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Filing 40
ANSWER to Complaint and Affirmative Defenses to the Fifth and Eighth Causes of Action byE.L.F. Cosmetics, Inc.. (Lo Cicero, Anthony) (Filed on 7/21/2023)
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Filing 39
ORDER by Judge Richard Seeborg Granting #38 Stipulated Protective Order. (cl, COURT STAFF) (Filed on 7/21/2023)
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Filing 38
Stipulated Protective Order filed by Benefit Cosmetics LLC and E.L.F. Cosmetics, Inc.. (Herring, Seth) (Filed on 7/20/2023) Modified on 7/20/2023 (jml, COURT STAFF).
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Filing 37
ORDER by Chief Judge Richard Seeborg granting #36 Motion to Continue. Initial Case Management Conference previously set for 7/24/2023 is continued to 8/17/2023 at 10:00 AM in San Francisco - Videoconference Only. Absent material changes, no additional case management statement is required. (rslc2, COURT STAFF) (Filed on 7/20/2023)
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Filing 36
MOTION to Continue The Initial Case Management Conference filed by Benefit Cosmetics LLC. (Attachments: #1 Declaration Seth B Herring in Support of Unopposed Motion, #2 Proposed Order)(Herring, Seth) (Filed on 7/19/2023)
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Filing 35
CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE BY ZOOM WEBINAR. Initial Case Management Conference set for 7/24/2023 10:00 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/rs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at rscrd@cand.uscourts.gov no later than July 20, 2023 at 12:00 pm.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.),.(cl, COURT STAFF) (Filed on 7/17/2023)
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Filing 34
CLERK'S NOTICE. Initial Case Management Conference previously set for 7/20/2023 is continued to 7/24/2023 at 10:00 AM in San Francisco - Videoconference Only. No additional Case Management Statement need be submitted. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2, COURT STAFF) (Filed on 7/14/2023)
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Filing 33
ORDER by Judge Richard Seeborg Granting #32 Stipulated Order Re: Discovery of Electronically Stored Information. (cl, COURT STAFF) (Filed on 7/12/2023)
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Filing 32
STIPULATION WITH PROPOSED ORDER Re Discovery of Electronically Stored Information filed by Benefit Cosmetics LLC and e.l.f. Cosmetics, Inc.. (Herring, Seth) (Filed on 7/10/2023) Modified on 7/11/2023 (jml, COURT STAFF).
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Filing 31
JOINT CASE MANAGEMENT STATEMENT and Rule 26(f) Report filed by Benefit Cosmetics LLC and e.l.f. Cosmetics, Inc.. (Herring, Seth) (Filed on 7/10/2023) Modified on 7/11/2023 (jml, COURT STAFF).
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Filing 30
ORDER DENYING #18 PARTIAL MOTION TO DISMISS. Signed by Chief Judge Richard Seeborg on July 7, 2023. (rslc3, COURT STAFF) (Filed on 7/7/2023)
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Filing 29
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options intend to stipulate to an ADR process (Steinberg, Stephen) (Filed on 6/30/2023)
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Filing 28
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Terry, Eryn) (Filed on 6/1/2023)
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Filing 27
CLERK'S NOTICE. Initial Case Management Conference previously set for 6/22/2023 is continued to 7/20/2023 at 10:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/13/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2, COURT STAFF) (Filed on 5/30/2023)
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Filing 26
CLERK'S NOTICE: MOTION TO DISMISS [#18] SCHEDULED FOR HEARING ON JUNE 1, 2023 AT 1:30 P.M. SHALL BE SUBMITTED WITHOUT ORAL ARGUMENT PURSUANT TO CIVIL LOCAL RULE 7-1(b). ACCORDINGLY, THE MOTION HEARING IS VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 5/24/2023)
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Filing 25
ADMINISTRATIVE MOTION Unopposed to Allow Remote Appearance and Conduct Hearing on Partial Motion to Dismiss Complaint by Zoom filed by E.L.F. Cosmetics, Inc.. Responses due by 5/30/2023. (Attachments: #1 Proposed Order)(Steinberg, Stephen) (Filed on 5/24/2023)
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Filing 24
REPLY (re #18 MOTION to Dismiss ) filed by E.L.F. Cosmetics, Inc.. (Steinberg, Stephen) (Filed on 5/11/2023) Modified on 5/12/2023 (anj, COURT STAFF).
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Filing 23
OPPOSITION/RESPONSE (re #18 MOTION to Dismiss ) filed byBenefit Cosmetics LLC. (Attachments: #1 Proposed Order)(Herring, Seth) (Filed on 5/4/2023)
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Filing 22
ORDER by Judge Richard Seeborg Granting #21 Motion for Pro Hac Vice as to Chester Rothstein. (cl, COURT STAFF) (Filed on 4/24/2023)
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Filing 21
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18196823.) filed by E.L.F. Cosmetics, Inc.. (Rothstein, Chester) (Filed on 4/21/2023)
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Filing 20
Corporate Disclosure Statement by E.L.F. Cosmetics, Inc. identifying Corporate Parent e.l.f. Beauty, Inc. for E.L.F. Cosmetics, Inc.. (Steinberg, Stephen) (Filed on 4/20/2023)
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Filing 19
ANSWER to Complaint byE.L.F. Cosmetics, Inc.. (Steinberg, Stephen) (Filed on 4/20/2023)
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Filing 18
MOTION to Dismiss filed by E.L.F. Cosmetics, Inc.. Motion Hearing set for 6/1/2023 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 5/4/2023. Replies due by 5/11/2023. (Attachments: #1 Proposed Order)(Steinberg, Stephen) (Filed on 4/20/2023)
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Filing 17
ORDER by Judge Richard Seeborg Granting #14 Motion for Pro Hac Vice as to Christopher Lisiewski. (cl, COURT STAFF) (Filed on 4/19/2023)
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Filing 16
ORDER by Judge Richard Seeborg Granting #13 Motion for Pro Hac Vice as to Richard S. Mandaro. (cl, COURT STAFF) (Filed on 4/19/2023)
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Filing 15
ORDER by Judge Richard Seeborg Granting #12 Motion for Pro Hac Vice as to Anthony F. Lo Cicero. (cl, COURT STAFF) (Filed on 4/19/2023)
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Filing 14
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18187140.) filed by E.L.F. Cosmetics, Inc.. (Lisiewski, Christopher) (Filed on 4/19/2023)
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Filing 13
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18187113.) filed by E.L.F. Cosmetics, Inc.. (Mandaro, Richard) (Filed on 4/19/2023)
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Filing 12
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18186617.) filed by E.L.F. Cosmetics, Inc.. (Lo Cicero, Anthony) (Filed on 4/19/2023)
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Filing 11
CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference previously set for 5/25/2023 is continued to 6/22/2023 at 10:00 AM in San Francisco, - Videoconference Only.Case Management Statement due by 6/15/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 4/14/2023)
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Filing 10
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT re #1 Complaint filed by Benefit Cosmetics LLC and E.L.F. Cosmetics, Inc.. (Terry, Eryn) (Filed on 3/15/2023) Modified on 3/16/2023 (jml, COURT STAFF).
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Filing 9
CERTIFICATE OF SERVICE by Benefit Cosmetics LLC re #4 Proposed Summons, #1 Complaint, #7 Initial Case Management Scheduling Order with ADR Deadlines, #6 Summons Issued, #3 Patent/Trademark Report (Terry, Eryn) (Filed on 3/6/2023)
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Filing 8
NOTICE of Appearance by Eryn Terry (Terry, Eryn) (Filed on 3/2/2023)
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Filing 7
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/18/2023. Initial Case Management Conference set for 5/25/2023 10:00 AM in San Francisco, Courtroom 03, 17th Floor. (jml, COURT STAFF) (Filed on 2/27/2023)
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Filing 6
Summons Issued as to E.L.F. Cosmetics, Inc.. (jml, COURT STAFF) (Filed on 2/27/2023)
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Filing 5
Case assigned to Judge Richard Seeborg. 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. (jrs, COURT STAFF) (Filed on 2/27/2023)
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Filing 4
Proposed Summons. (Kershner, Katrina) (Filed on 2/24/2023)
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Filing 3
REPORT on the filing or determination of an action regarding Benefit Cosmetics,LLC (cc: form mailed to register). (Kershner, Katrina) (Filed on 2/24/2023)
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Filing 2
Corporate Disclosure Statement by Benefits Cosmetics LLC identifying Corporate Parent LVMH Moet Hennessy Louis Vuitton, Inc., Corporate Parent Benefit Cosmetics LLC for Benefits Cosmetics LLC. re #1 Complaint (Kershner, Katrina) (Filed on 2/24/2023)
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Filing 1
COMPLAINT against E.L.F. Cosmetics, Inc. ( Filing fee $ 402, receipt number ACANDC-18021416.). Filed byBenefits Cosmetics LLC. (Attachments: #1 Civil Cover Sheet)(Kershner, Katrina) (Filed on 2/24/2023)
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