Faire Wholesale, Inc. v. Tundra, Inc.
Plaintiff: Faire Wholesale, Inc.
Defendant: Tundra, Inc.
Case Number: 3:2023cv02538
Filed: May 23, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Charles R Breyer
Referring Judge: Kandis A Westmore
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2023 Filing 30 CLERK'S NOTICE VACATING Motion to Dismiss hearing set for September 29, 2023 AND TERMINATING MOTION TO DISMISS. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 7/21/2023)
July 20, 2023 Filing 29 AMENDED COMPLAINT (First) for Violation of the Computer Fraud and Abuse Act, 18 U.S.C. 1030; Violations of California Penal Code Sec. 502; Tortious Interference with Prospective Economic Advantage; Intentional Interference with Contract; Violation of California Bus. & Prof. Code 17200, Et Seq.; Violation of the Lanham Act, 15 U.S.C. 1125 against Tundra, Inc.. Filed byFaire Wholesale, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 First Amended Complaint Redline)(Newby, Tyler) (Filed on 7/20/2023)
July 20, 2023 Filing 28 NOTICE of Appearance by Robert M. Bodzin (Bodzin, Robert) (Filed on 7/20/2023)
July 7, 2023 Opinion or Order Filing 27 ORDER by Judge Charles R. Breyer: Granting #20 Motion for Pro Hac Vice, M. Sean Royall. (ls, COURT STAFF) (Filed on 7/7/2023)
July 7, 2023 Opinion or Order Filing 26 ORDER by Judge Charles R. Breyer: Granting #19 Motion for Pro Hac Vice, Angela Zambrano. (ls, COURT STAFF) (Filed on 7/7/2023)
July 7, 2023 Opinion or Order Filing 25 ORDER by Judge Charles R. Breyer: Granting #18 Motion for Pro Hac Vice, Margaret Allen. (ls, COURT STAFF) (Filed on 7/7/2023)
July 7, 2023 Filing 24 CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE set for August 25, 2023 and VACATING MOTION TO DISMISS HEARING set for September 1, 2023 before the Honorable Charles R. Breyer. Motion Hearing set for 9/29/2023 10:00 AM in San Francisco - To be determined before Judge Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 7/7/2023)
July 6, 2023 Filing 23 MOTION to Dismiss Faire Wholesale, Inc.'s Complaint; Memorandum of Points and Authorities in Support Thereof filed by Tundra, Inc.. Motion Hearing set for 9/1/2023 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 7/20/2023. Replies due by 7/27/2023. (Attachments: #1 Proposed Order)(Hummel, Chad) (Filed on 7/6/2023)
July 5, 2023 Filing 22 Certificate of Interested Entities by Tundra, Inc. identifying Other Affiliate Redpoint Ventures VII, L.P., Other Affiliate Emergence Capital Partners V, LP, Other Affiliate Arnold Engel for Tundra, Inc.. (Hummel, Chad) (Filed on 7/5/2023)
July 5, 2023 Filing 21 Corporate Disclosure Statement by Tundra, Inc. (Hummel, Chad) (Filed on 7/5/2023)
July 5, 2023 Filing 20 MOTION for leave to appear in Pro Hac Vice M. Sean Royall ( Filing fee $ 317, receipt number ACANDC-18421083.) filed by Tundra, Inc.. (Royall, Michael) (Filed on 7/5/2023)
July 5, 2023 Filing 19 MOTION for leave to appear in Pro Hac Vice Angela Zambrano ( Filing fee $ 317, receipt number ACANDC-18421030.) filed by Tundra, Inc.. (Zambrano, Angela) (Filed on 7/5/2023)
July 5, 2023 Filing 18 MOTION for leave to appear in Pro Hac Vice Margaret Allen ( Filing fee $ 317, receipt number ACANDC-18420999.) filed by Tundra, Inc.. (Allen, Margaret) (Filed on 7/5/2023)
July 5, 2023 Filing 17 NOTICE of Appearance by Chad Samuel Hummel (Hummel, Chad) (Filed on 7/5/2023)
June 29, 2023 Opinion or Order Filing 16 STIPULATION AND ORDER or Extension of Time for Defendant Tundra, Inc. to File its Responsive Pleading by Judge Charles R. Breyer: Granting #15 Stipulation. (ls, COURT STAFF) (Filed on 6/29/2023)
June 28, 2023 Filing 15 STIPULATION WITH PROPOSED ORDER for Extension of Time for Defendant Tundra, Inc. to File its Responsive Pleading filed by Tundra, Inc.. (Hemmendinger, Sarah) (Filed on 6/28/2023)
June 9, 2023 Filing 14 STIPULATION Stipulation for Extension of Time for Defendant Tundra Inc. to File its Responsive Pleading filed by Tundra, Inc.. (Hemmendinger, Sarah) (Filed on 6/9/2023)
June 9, 2023 Filing 13 NOTICE of Appearance by Sarah Alison Hemmendinger (Hemmendinger, Sarah) (Filed on 6/9/2023)
May 26, 2023 Filing 12 CLERK'S NOTICE: A Joint Case Management Statement due by 8/18/2023. Initial Case Management Conference set for 8/25/2023 at 8:30 AM in San Francisco - To be determined. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 5/26/2023)
May 26, 2023 Opinion or Order Filing 11 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 Kandis A. Westmore 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 Clerk on 5/26/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 5/26/2023)
May 26, 2023 Filing 10 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. (wft, COURT STAFF) (Filed on 5/26/2023)
May 25, 2023 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Faire Wholesale, Inc... (Newby, Tyler) (Filed on 5/25/2023)
May 25, 2023 Filing 8 CERTIFICATE OF SERVICE by Faire Wholesale, Inc. re #7 Summons Issued (Newby, Tyler) (Filed on 5/25/2023)
May 24, 2023 Filing 7 Summons Issued as to Tundra, Inc. (hdj, COURT STAFF) (Filed on 5/24/2023)
May 24, 2023 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/15/2023. Initial Case Management Conference set for 8/22/2023 01:30 PM in Oakland, - To be determined. (hdj, COURT STAFF) (Filed on 5/24/2023)
May 23, 2023 Filing 5 Corporate Disclosure Statement by Faire Wholesale, Inc. identifying Corporate Parent Faire Wholesale, Inc. for Faire Wholesale, Inc.. and Certificate of Interested Parties (Newby, Tyler) (Filed on 5/23/2023)
May 23, 2023 Filing 4 Case assigned to Magistrate Judge Kandis A. Westmore. 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 6/6/2023. (ark, COURT STAFF) (Filed on 5/23/2023)
May 23, 2023 Filing 3 Proposed Summons. (Newby, Tyler) (Filed on 5/23/2023)
May 23, 2023 Filing 2 Civil Cover Sheet by Faire Wholesale, Inc. . (Newby, Tyler) (Filed on 5/23/2023)
May 23, 2023 Filing 1 COMPLAINT against Tundra, Inc. ( Filing fee $ 402, receipt number ACANDC-18294040.). Filed byFaire Wholesale, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Newby, Tyler) (Filed on 5/23/2023) Modified on 5/24/2023 (msr, COURT STAFF).

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Plaintiff: Faire Wholesale, Inc.
Represented By: Tyler Griffin Newby
Represented By: Mary Mornay Griffin
Represented By: Matthew Berman Becker
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Defendant: Tundra, Inc.
Represented By: Angela C. Zambrano
Represented By: Sarah Alison Hemmendinger
Represented By: Chad Samuel Hummel
Represented By: Robert M. Bodzin
Represented By: Margaret H Allen
Represented By: Michael Sean Royall
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