WS Acquisition, LLC v. Shelter Systems USA, Inc. et al
| WS Acquisition, LLC an Oregon Limited Liability Company doing business as Western Shelter Sytems |
| Shelter Systems USA, Inc. and Cobalt Equipment, Inc. |
| WS Acquisition, LLC |
| 3:2024cv02719 |
| May 7, 2024 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Susan van Keulen |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 3, 2024. A more recent docket listing may be available from PACER.
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| Filing 28 ANSWER TO COUNTERCLAIM #22 Counterclaim by WS Acquisition, LLC. (Gambino, Darius) (Filed on 7/3/2024) |
| Filing 27 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 8/16/2024. Initial Case Management Conference set for 8/23/2024 at 10:00 AM by 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/vc 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. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, August 16, 2024, by no later than 10:00AM.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.)(bxs, COURT STAFF) (Filed on 6/17/2024) |
Filing 26
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Susan van Keulen 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. (Attachments: #1 Notice of Eligibility for Video Recording)(smc, COURT STAFF) (Filed on 6/14/2024)
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| Filing 25 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. (jhf, COURT STAFF) (Filed on 6/14/2024) |
| Filing 24 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cobalt Equipment, Inc., Shelter Systems USA, Inc... (Tirtasaputra, Meeghan) (Filed on 6/14/2024) |
| Filing 23 Corporate Disclosure Statement by Cobalt Equipment, Inc., Shelter Systems USA, Inc. (Tirtasaputra, Meeghan) (Filed on 6/14/2024) Modified on 6/14/2024 (mcl, COURT STAFF). |
| Filing 22 COUNTERCLAIM against WS Acquisition, LLC. Filed by Cobalt Equipment, Inc., Shelter Systems USA, Inc.. (Tirtasaputra, Meeghan) (Filed on 6/14/2024) |
| Filing 21 ANSWER to Complaint by Cobalt Equipment, Inc., Shelter Systems USA, Inc.. (Tirtasaputra, Meeghan) (Filed on 6/14/2024) |
| Filing 20 CLERK'S NOTICE CONTINUING 8/6/24 INITIAL CASE MANAGEMENT CONFERENCE TO 8/13/24. Initial Case Management Conference set for 8/6/2024 is continued to 8/13/2024 09:30 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom webinar.Case Management Statement due by 8/6/2024. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/svk 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 must be sent to the CRD at SVKcrd@cand.uscourts.gov no later than August 12, 2024 at 12:00 PM PDT.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.)(jhf, COURT STAFF) (Filed on 5/31/2024) |
| #Electronic filing error. Attorney Darius C. Gambino needs to update the ECF account as the docket sheet shows that the attorney is with the law firm of Piper Rudnick LLP. Re: #19 Order on Motion for Pro Hac Vice. (mcl, COURT STAFF) (Filed on 5/23/2024) |
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Filing 19
ORDER Granting #18 Application for Admission of Attorney Pro Hac Vice. Signed by Judge Susan van Keulen on May 22, 2024. (svklc2, COURT STAFF) (Filed on 5/22/2024)
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| Filing 18 MOTION for leave to appear in Pro Hac Vice Darius C. Gambino, Esq. ( Filing fee $ 328, receipt number ACANDC-19439292.) filed by WS Acquisition, LLC. (Attachments: #1 Certificate/Proof of Service Certificate of Good Standing Darius C. Gambino)(Gambino, Darius) (Filed on 5/22/2024) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by WS Acquisition, LLC.. (Mizrahi, Mark) (Filed on 5/15/2024) |
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Filing 16
ORDER Approving #15 Substitution of Counsel. The Clerk shall update the docket accordingly. Signed by Judge Susan van Keulen on May 9, 2024. (svklc2, COURT STAFF) (Filed on 5/9/2024)
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| Filing 15 Proposed Consent Order re Substitution of Counsel by Mark Brian Mizrahi for Plaintiff WS Acquisition, LLC (Mizrahi, Mark) (Filed on 5/9/2024) Modified on 5/10/2024 (mcl, COURT STAFF). |
| Filing 14 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 5/21/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 5/7/2024) |
| Filing 13 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/30/2024. Initial Case Management Conference set for 8/6/2024 09:30 AM. (mcl, COURT STAFF) (Filed on 5/7/2024) |
| Filing 12 Case transferred in from District of Oregon; Case Number 6:24-cv-00263. Original file certified copy of transfer order and docket sheet received. |
| Filing 11 Trademark Report: This report is being submitted pursuant to Title 15 Section 1116(c), which states that it shall be the duty of the clerks of such courts within one month after the filing of any action give notice thereof in writing to the Director setting forth in order so far as known the names and addresses of the litigants and the designating number or numbers of the registration or registrations upon which the action, suit, or proceeding has been brought, and in the event any other registration be subsequently included in the action, suit, or proceeding by amendment, answer, or other pleading, the clerk shall give like notice thereof to the Director, and within one month after the judgment is entered or an appeal is taken the clerk of the court shall give notice thereof to the Director, and it shall be the duty of the Director on receipt of such notice forthwith to endorse the same upon the file wrapper of the said registration or registrations and to incorporate the same as a part of the contents of said file wrapper. (jw) |
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Filing 10
ORDER: Granting Unopposed Motion to Change or Transfer Venue #7 . Signed on 5/6/2024 by Judge Ann L. Aiken. (ck)
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| Filing 9 Waiver of Service of Summons Returned Executed by Cobalt Equipment, Inc. waiver sent on 4/16/2024. Filed by WS Acquisition, LLC. (Johnston, Todd) |
| Filing 8 Waiver of Service of Summons Returned Executed by Shelter Systems USA, Inc. waiver sent on 4/16/2024. Filed by WS Acquisition, LLC. (Johnston, Todd) |
| Filing 7 Unopposed Motion to Change or Transfer Venue . Filed by WS Acquisition, LLC. (Johnston, Todd) |
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Filing 6
CASE MANAGEMENT ORDER. Signed on 2/13/2024 by Judge Ann L. Aiken. (ck)
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| Filing 5 Summons Issued Electronically as to Cobalt Equipment, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) |
| Filing 4 Summons Issued Electronically as to Shelter Systems USA, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) |
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Filing 3
Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/10/2024. Joint Alternate Dispute Resolution Report is due by 7/8/2024. Pretrial Order is due by 7/8/2024. Ordered by Judge Ann L. Aiken. (le)
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| Filing 2 Corporate Disclosure Statement . Filed by WS Acquisition, LLC dba WESTERN SHELTER SYSTEMS, an Oregon limited liability company. (Johnston, Todd) |
| Filing 1 Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-9270997 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Included patents/trademarks: 6,123,012--8/11/2020--WS Acquisition, LLC, 6,270,091--2/16/2021--WS Acquisition, LLC, 6,270,092--2/16/2021--WS Acquisition, LLC. Filed by WS Acquisition, LLC dba WESTERN SHELTER SYSTEMS, an Oregon limited liability company against Cobalt Equipment, Inc., Shelter Systems USA, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Proposed Summons, #8 Proposed Summons). (Johnston, Todd) |
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