Kytch, Inc. v. McDonald's Corporation
| Kytch, Inc. |
| McDonald's Corporation |
| 3:2023cv01998 |
| April 25, 2023 |
| US District Court for the Northern District of California |
| Thomas S Hixson |
| Other Statutory Actions |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORDER by Judge Thomas S. Hixson granting #43 Motion to Withdraw as Attorney. (tshlc1, COURT STAFF) (Filed on 10/19/2023)
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Filing 47
ORDER by Magistrate Judge Thomas S. Hixson granting #45 Stipulated Order re: Discovery of electronically stored information. (rmm2, COURT STAFF) (Filed on 10/18/2023)
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Filing 46
ORDER by Magistrate Judge Thomas S. Hixson granting #44 Stipulation for protective order. (rmm2, COURT STAFF) (Filed on 10/18/2023)
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| Filing 45 STIPULATION WITH PROPOSED ORDER FOR STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION filed by McDonald's Corporation. (Wood, Kristopher) (Filed on 10/17/2023) |
| Filing 44 STIPULATION WITH PROPOSED ORDER FOR PROTECTIVE ORDER FOR LITIGATION INVOLVING HIGHLY SENSITIVE CONFIDENTIAL INFORMATION filed by McDonald's Corporation. (Wood, Kristopher) (Filed on 10/17/2023) |
| Filing 43 MOTION to Withdraw as Attorney for Kytch, Inc. filed by Kytch, Inc.. Responses due by 10/31/2023. Replies due by 11/7/2023. (Ede, Jered) (Filed on 10/17/2023) |
| Filing 42 NOTICE of Appearance by Jered Taylor Ede for Kytch, Inc. (Ede, Jered) (Filed on 8/22/2023) |
| Filing 41 Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Initial Case Management Conference held on 7/27/2023 by Zoom.Digital Recording Time: By Zoom: 10:04-10:09. Plaintiff Attorney: Jason Sheasby, Daniel Watkins and Elizabeth Locke. Defendant Attorney: Catherine Liu and Kristopher Wood. Proceedings: Initial Case Management Conference held. Parties are in agreement with the Court's tentative case management order, with the exception of changing three of the scheduled dates. Counsel stated they had resolved their other pending issues. The matter is submitted. Court will revise the tentative case management scheduling order and issue a new order with the changes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Date Filed: 7/27/2023) |
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Filing 40
CASE MANAGEMENT SCHEDULING ORDER:The parties are referred to private mediation to take place before the dispositive motion deadline. Deadline to Seek Leave to Amend Pleadings - 3/18/2024Close of Fact Discovery - 4/15/2024Disclosure of Expert Witnesses - 5/6/2024Disclosure of Rebuttal Expert Witnesses - 5/31/2024Close of Expert Discovery - 7/3/2024Deadline to File Dispositive Motions - 8/12/2024Deadline to File Dispositive Motion Opposition - 9/6/2024Deadline to File Dispositive Motion Reply - 9/23/2024Hearing on Dispositive Motions - 10/17/2024Exchange of Pretrial Disclosures - 11/25/2024Deadline to File Pretrial Documents - 12/9/2024Deadline to File Oppositions to Motions in Limine - 12/23/2024Pretrial Conference - 1/16/2025Final Pretrial Conference - 2/13/2025Jury Trial (Duration to be determined) - 2/24/2025 Signed by Judge Thomas S. Hixson on 7/27/2023. (tshlc1, COURT STAFF) (Filed on 7/27/2023)
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| CASE REFERRED to Private ADR. (cmf, COURT STAFF) (Filed on 7/27/2023) |
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Filing 39
TENTATIVE CASE MANAGEMENT ORDER. Signed by Judge Thomas S. Hixson on 7/24/2023. (tshlc1, COURT STAFF) (Filed on 7/24/2023)
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| Filing 38 JOINT CASE MANAGEMENT STATEMENT filed by Kytch, Inc.. (Watkins, Daniel) (Filed on 7/20/2023) |
| Filing 37 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Watkins, Daniel) (Filed on 7/6/2023) |
| Filing 36 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lui, Catherine) (Filed on 7/6/2023) |
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Filing 35
ORDER by Magistrate Judge Thomas S. Hixson granting #32 Motion for Pro Hac Vice. (rmm2, COURT STAFF) (Filed on 6/15/2023)
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Filing 34
ORDER by Magistrate Judge Thomas S. Hixson granting #31 Motion for Pro Hac Vice. (rmm2, COURT STAFF) (Filed on 6/15/2023)
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Filing 33
ORDER by Magistrate Judge Thomas S. Hixson granting #30 Motion for Pro Hac Vice. (rmm2, COURT STAFF) (Filed on 6/15/2023)
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| Filing 32 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18364436.) filed by Kytch, Inc.. (Attachments: #1 Certificate of Good Standing)(Roller, Amy) (Filed on 6/15/2023) |
| Filing 31 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18364405.) filed by Kytch, Inc.. (Attachments: #1 Certificate of Good Standing)(Watkins, Daniel) (Filed on 6/15/2023) |
| Filing 30 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18364232.) Filing fee previously paid on 6/15/23 filed by Kytch, Inc.. (Attachments: #1 E. Locke Certificate of Good Standing)(Locke, Elizabeth) (Filed on 6/15/2023) |
| Filing 29 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kytch, Inc... (Sheasby, Jason) (Filed on 5/9/2023) |
| Filing 28 NOTICE of Appearance by Jason George Sheasby (Sheasby, Jason) (Filed on 5/8/2023) |
| Filing 27 ANSWER to Complaint with Jury Demand byMcDonald's Corporation. (Lui, Catherine) (Filed on 5/5/2023) |
| Filing 26 SECOND CLERK'S NOTICE Re: Consent or Declination: Plaintiff Kytch, Inc. shall file a consent or declination to proceed before a magistrate judge by 5/9/2023. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 5/3/2023) |
| Filing 25 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by McDonald's Corporation.. (Lui, Catherine) (Filed on 5/2/2023) |
| Filing 24 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 5/2/2023. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 4/25/2023) |
| Filing 23 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/20/2023. Initial Case Management Conference set for 7/27/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor. (hdj, COURT STAFF) (Filed on 4/25/2023) |
| Filing 22 Case transferred in from District of Delaware; Case Number 1:22-cv-00279. Original file certified copy of transfer order and docket sheet received. |
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Filing 21
SO ORDERED re #20 Stipulation and Order to Transfer Under 18 U.S.C. Section 1404(A). Signed by Judge Maryellen Noreika on 4/24/2023. (dlw)
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| Filing 20 STIPULATION and [Proposed] Order to Transfer under 18 U.S.C. 1404(a) by Kytch, Inc.. (Farnan, Brian) |
| Filing 19 STIPULATION TO EXTEND TIME to Answer the Complaint to (1) May 5, 2023 or, if the case is transferred, to (2) five days after the above-captioned case is docketed in the transferee court. - filed by McDonald's Corporation. (Gaza, Anne) |
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SO ORDERED re #19 STIPULATION TO EXTEND TIME to Answer the Complaint to (1) May 5, 2023 or, if the case is transferred, to (2) five days after the above-captioned case is docketed in the transferee court. (Set/Reset Answer Deadlines: McDonald's Corporation answer due 5/5/2023). ORDERED by Judge Maryellen Noreika on 4/11/2023. (dlw)
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| Filing 18 Official Transcript of Motion Hearing held on 03/29/2023 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 4/25/2023. Redacted Transcript Deadline set for 5/5/2023. Release of Transcript Restriction set for 7/3/2023. (dh) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held on 3/29/2023 re Motions to Dismiss (9 in 1:22-cv-00279-MN, 6 in 1:22-cv-00606-MN). After hearing arguments, the Motion to Dismiss in 1:22-cv-00279-MN is GRANTED-IN-PART and DENIED-IN-PART, and the Motion to Dismiss in 1:22-cv-00606-MN is GRANTED; the complaint is DISMISSED without prejudice. Further, the parties shall confer on whether these cases should be stayed, and submit a proposed briefing schedule if a party wishes to file such motion. The transcript shall serve as the Court's order. (Court Reporter Dale Hawkins.) Associated Cases: 1:22-cv-00279-MN, 1:22-cv-00606-MN(mdb) |
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Filing 17
ORAL ORDER Setting Hearing on (9 in 1:22-cv-00279-MN) (6 in 1:22-cv-00606-MN) MOTION to Dismiss - IT IS HEREBY ORDERED that a Motion Hearing is set for 3/29/2023 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. The Court is setting aside 50 minutes for the hearing with the time split equally between the two cases and then between the parties. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing with hard copies delivered to the Clerk's office within one (1) hour thereafter. Counsel may, however, agree upon a different time to exchange to respective slides. ORDERED by Judge Maryellen Noreika on 2/15/2023. (dlw)
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| Filing 16 NOTICE requesting Clerk to remove Nicole Gelsomini as co-counsel.. (Wilson, Samantha) |
| Filing 15 REPLY BRIEF re #9 MOTION to Dismiss or For a More Definite Statement as to Bus & Prof Code 17200 Claim filed by McDonald's Corporation. (Gaza, Anne) Modified on 6/14/2022 (dlw). |
| Filing 14 ANSWERING BRIEF in Opposition re #9 MOTION to Dismiss or For a More Definite Statement as to Bus & Prof Code 17200 Claim filed by Kytch, Inc. Reply Brief due date per #13 Stipulation and Order is is 6/13/2022. (Farnan, Brian) Modified on 5/31/2022 (dlw). |
| Filing 13 STIPULATION TO EXTEND TIME to EXTEND the deadlines for: (i) Plaintiff's response to Defendant's Motion to Dismiss and (ii) Defendant's Reply in Support of its Motion to Dismiss to (i) 5/27/2022 and (ii) 6/13/2022 - filed by Kytch, Inc.. (Farnan, Brian) |
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SO ORDERED re #13 STIPULATION TO EXTEND TIME for: (i) Plaintiff's response to Defendant's Motion to Dismiss and (ii) Defendant's Reply in Support of its Motion to Dismiss to (i) 5/27/2022 and (ii) 6/13/2022 (Set Briefing Schedule: re #9 MOTION to Dismiss - Answering Brief due 5/27/2022. Reply Brief due 6/13/2022). ORDERED by Judge Maryellen Noreika on 4/28/2022. (dlw)
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| Pro Hac Vice Attorney Catherine Y. Lui for McDonald's Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) |
| Pro Hac Vice Attorney Catherine Y. Lui for McDonald's Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Filing 12 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by McDonald's Corporation. (Gaza, Anne) |
| Filing 11 DECLARATION of Kristopher R. Wood re #9 MOTION to Dismiss or For a More Definite Statement as to Bus & Prof Code 17200 Claim by McDonald's Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaza, Anne) Modified on 4/25/2022 (dlw). |
| Filing 10 OPENING BRIEF in Support re #9 MOTION to Dismiss or For a More Definite Statement as to Bus & Prof Code 17200 Claim filed by McDonald's Corporation. Answering Brief/Response due date per Local Rules is 5/6/2022. (Gaza, Anne) Modified on 4/25/2022 (dlw). |
| Filing 9 MOTION to Dismiss or For a More Definite Statement as to Bus & Prof Code 17200 Claim - filed by McDonald's Corporation. (Attachments: #1 Text of Proposed Order, #2 7.1.1 Certification)(Gaza, Anne) Modified on 4/25/2022 (dlw). |
| Pro Hac Vice Attorney Elizabeth M Locke and Daniel P Watkins for Kytch, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth M. Locke and Daniel P. Watkins - filed by Kytch, Inc.. (Farnan, Brian) |
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SO ORDERED re #8 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth M. Locke and Daniel P. Watkins filed by Kytch, Inc. ORDERED by Judge Maryellen Noreika on 3/15/2022. (dlw)
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| Pro Hac Vice Attorney Kristopher R Wood,Catherine Y. Lui,Nicole Gelsomini for McDonald's Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
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SO ORDERED re #7 MOTION for Pro Hac Vice Appearance of Attorney Catherine Y. Lui, Kristopher R. Wood, and Nicole Gelsomini filed by McDonald's Corporation. ORDERED by Judge Maryellen Noreika on 3/14/2022. (dlw)
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| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Catherine Y. Lui, Kristopher R. Wood, and Nicole Gelsomini - filed by McDonald's Corporation. (Wilson, Samantha) |
| Filing 6 NOTICE of Appearance by Elena C. Norman on behalf of McDonald's Corporation (Norman, Elena) |
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SO ORDERED, re #5 STIPULATION TO EXTEND TIME to Respond to the Complaint to April 22, 2022. Set/Reset Answer Deadlines: McDonald's Corporation answer due 4/22/2022. Ordered by Judge Maryellen Noreika on 3/11/2022. (asw)
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| Filing 5 STIPULATION TO EXTEND TIME to Respond to the Complaint to April 22, 2022 - filed by McDonald's Corporation. (Gaza, Anne) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 4 SUMMONS Returned Executed by Kytch, Inc.. McDonald's Corporation served on 3/2/2022, answer due 3/23/2022. (Farnan, Brian) |
| Filing 3 Summons Issued with Magistrate Consent Notice attached as to McDonald's Corporation on 3/2/2022. (mal) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) |
| Filing 1 COMPLAINT filed with Jury Demand against McDonald's Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3814980.) - filed by Kytch, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(mal) |
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