Murray Colin Clarke et al v. TNSG Health Co., Ltd
| Murray Colin Clarke and Biozeal, LLC |
| TNSG Health Co., Ltd, Mom's Garden Company Limited, Nature's Prime LLC, Alps Holding Company Limited, Naturalist Inc, Tilis Company Limited, Wild Forest Inc, Qidong Lu, Zhijuan Guo and Mom's Garden GMBH |
| Nicole Russell, Peilin Guo and Venable LLP |
| 3:2024cv02950 |
| May 15, 2024 |
| US District Court for the Northern District of California |
| Rita F Lin |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on May 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 285 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/14/2024. Initial Case Management Conference set for 8/21/2024 at 10:00 AM in San Francisco, via Videoconference Only. 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)(slh, COURT STAFF) (Filed on 5/16/2024) |
| Filing 284 Case transferred in from District of California Central; Case Number 2:21-cv-03463. Original file certified copy of transfer order and docket sheet received. |
| Filing 283 TRANSCRIPT ORDER as to Plaintiffs Biozeal, LLC, Murray Colin Clarke for Court Smart (CS). Court will contact Jesse Rodriguez at jesse.rodriguez@btlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Rahmanpour, Roya) |
Filing 282
TEXT ONLY ENTRY (In Chambers) ORDER by Judge Hernan D. Vera: Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds SPECIALLY APPEARING ENTITY DEFENDANTS' MOTION TO SET ASIDE ENTRY OF DEFAULT #276 , SPECIALLY APPEARING DEFENDANTS QIDONG LU AND ZHIJUAN GUO'S MOTION TO SET ASIDE ENTRY OF DEFAULT #277 , and SPECIALLY APPEARING DEFENDANTS TNSG HEALTHCO., LTD. AND ALPS HOLDING COMPANY LIMITED'SMOTION TO SET ASIDE ENTRY OF DEFAULT #281 appropriate for decision without oral argument. The hearing set for 06/06/24 is hereby vacated and the motions are taken off calendar. The matter will be deemed submitted on the vacated hearing date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
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| Filing 281 NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #233 . Specially Appearing Defendants TNSG Health Co., Ltd. and Alps Holding Company Limited's Notice of Motion and Motion to Set Aside Entry of Default filed by Specially Appearing Defendants Alps Holding Company Limited, TNSG Health Co., Ltd. Motion set for hearing on 6/6/2024 at 10:00 AM before Judge Hernan D. Vera. (Attachments: #1 Declaration of Brian A. Sun, #2 Proposed Order) (Sun, Brian) |
| Filing 280 [PROPOSED] ORDER GRANTING MOTION TO SET ASIDE ENTRY OF DEFAULT FILED BY SPECIALLY APPEARING DEFENDANTS QIDON LU AND ZHIJUAN GUO re NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #245 . Specially Appearing Defendants Qidong Lu and Zhijuan Guo's Notice of Motion and Motion to Set Aside Entry of Default #277 filed by Defendants Zhijuan Guo, Qidong Lu. (Foster, Douglas) |
| Filing 279 [PROPOSED] ORDER GRANTING MOTION TO SET ASIDE ENTRY OF DEFAULT FILED BY SPECIALLY APPEARING DEFENDANTS MOMS GARDEN COMPANY LTD, MOMS GARDEN GMBH, NATURES PRIME LLC, NATURALIST, INC., TILIS COMPANY LIMITED, AND WILD FOREST, INC. re NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #246 , Clerks Entry of Default (CV-37) - optional html form #245 . #276 filed by Defendants Mom's Garden Company Limited, Mom's Garden GMBH, Naturalist Inc, Nature's Prime LLC, Tilis Company Limited, Wild Forest Inc. (Liang, Jason) |
| Filing 278 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: MOTION to Set Aside Default #276 , MOTION to Set Aside Default #277 . The following error(s) was/were found: Proposed orders were not submitted as separate, additional attachments to the Motions. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) |
| Filing 277 NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #245 . Specially Appearing Defendants Qidong Lu and Zhijuan Guo's Notice of Motion and Motion to Set Aside Entry of Default filed by defendants Zhijuan Guo, Qidong Lu. Motion set for hearing on 6/6/2024 at 10:00 AM before Judge Hernan D. Vera. (Attachments: #1 Declaration of Douglas B. Foster, #2 Exhibit One, #3 Exhibit Two) (Foster, Douglas) |
| Filing 276 NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) - optional html form #246 , Clerks Entry of Default (CV-37) - optional html form #245 . filed by Specially Appearing Defendants Mom's Garden Company Limited, Mom's Garden GMBH, Naturalist Inc, Nature's Prime LLC, Tilis Company Limited, Wild Forest Inc. Motion set for hearing on 6/6/2024 at 10:00 AM before Judge Hernan D. Vera. (Attachments: #1 Declaration of Jason L. Liang) (Liang, Jason) |
| Filing 275 NOTICE OF LODGING filed EXCERPTS OF TIMOTHY WANG DEPOSITION TRANSCRIPT TRANSCRIPT AS INSTRUCTED BY THE COURT AT THE APRIL 26, 2024 HEARING re Order on Motion for Default Judgment,,,,,, Motion Hearing,, 270 (Gold, Seth) |
| Filing 274 NOTICE OF FILING TRANSCRIPT filed for proceedings Friday, April 26, 2024 10:03 A.M. to 11:02 A.M. re Transcript #273 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mci) TEXT ONLY ENTRY |
| Filing 273 TRANSCRIPT for proceedings held on Friday, April 26, 2024 10:03 A.M. to 11:02 A.M.. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661)609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/24/2024. Redacted Transcript Deadline set for 6/3/2024. Release of Transcript Restriction set for 8/1/2024. (mci) |
| Filing 272 TRANSCRIPT ORDER as to Plaintiffs Biozeal, LLC, Murray Colin Clarke for Court Reporter. Court will contact Jesse Rodriguez at jesse.rodriguez@btlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rahmanpour, Roya) |
| Filing 271 TRANSCRIPT ORDER as to Defendants Alps Holding Company Limited, TNSG Health Co., Ltd for Court Smart (CS). Court will contact Matthew Park at matthew.park@nortonrosefulbright.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Sun, Brian) |
| Filing 270 MINUTES OF PLAINTIFFS' MOTION FOR ENTRY OF DEFAULT JUDGMENT #247 and PLAINTIFFS' MOTION FOR (1) A FINDING OFFACT THAT ALL DEFENDANTS ARE ALTER EGOS OF ONE ANOTHER, AND (2) ENTRY OF DEFAULT JUDGMENT #249 held before Judge Hernan D. Vera: Having heard oral argument on the motions, the Court takes the motions under submission. Time in court: 1/00 min(s). Attorney for Plaintiff(s): Seth Gold / Diana Torres / Roya Rahmanpour. Attorney for Defendant(s): Douglas Foster / Brian Sun / Jason Liang / Alesha Dominique / Ani Galoyan. Court Reporter: CourSmart. CRD: Wendy Hernandez. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) |
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Filing 269
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Hernan D. Vera: The Court resets the hearing for MOTION FOR DEFAULT JUDGMENT #247 and MOTION FOR (1) A FINDING OF FACT THAT ALL DEFENDANTS ARE ALTER EGOS OF ONE ANOTHER, AND (2) ENTRY OF DEFAULT JUDGMENT #249 to 04/26/24 at 10AM. Counsel may appear in person or via Zoom. The link can be found on the Court's website.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
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| Filing 268 PLAINTIFFS OBJECTIONS TO DEFENDANTS OPPOSITION FILINGS [ECF NOS. 263-265] re NOTICE OF MOTION AND MOTION for Default Judgment against Defendants MOMS GARDEN CO. LTD., MOMS GARDEN GMBH, NATURES PRIME LLC, NATURALIST, INC., TILIS CO. LTD., WILD FOREST, INC., QIDONG LU, AND ZHIJUAN GUO #249 , NOTICE OF MOTION AND MOTION for Default Judgment against Defendants TNSG HEALTH CO., LTD. AND ALPS HOLDING COMPANY LIMITED #247 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Gold, Seth) |
| Filing 267 JOINDER filed by Defendants Mom's Garden Company Limited, Mom's Garden GMBH, Naturalist Inc, Nature's Prime LLC, Tilis Company Limited, Wild Forest Inc joining in Objection/Opposition (Motion related), #263 , Joinder (non-motion) #265 . (Liang, Jason) |
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Filing 266
TEXT ONLY ENTRY (In Chambers) ORDER by Judge Hernan D. Vera: The Court resets the hearing TIME for PLAINTIFFS' MOTION FOR ENTRY OF DEFAULT JUDGMENT #247 andPLAINTIFFS' MOTION FOR (1) A FINDING OFFACT AND (2) ENTRY OF DEFAULT JUDGMENT #249 from 1:30pm to 2:30pm. The hearing date of 04/25/24 shall remain as previously scheduled.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
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| Filing 265 JOINDER filed by Defendants Zhijuan Guo, Qidong Lu joining in Errata, #264 . (Foster, Douglas) |
| Filing 264 NOTICE OF ERRATA filed by Defendants Alps Holding Company Limited, TNSG Health Co., Ltd. correcting Objection/Opposition (Motion related), #263 (Attachments: #1 Specially Appearing Defendants TNSG Health Co., Ltd.'s and Alps Holding Company Limited's Opposition to Plaintiffs' Motion for Default Judgment, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Sun, Brian) |
| Filing 263 OPPOSITION Oppsotion re: NOTICE OF MOTION AND MOTION for Default Judgment against Defendants TNSG HEALTH CO., LTD. AND ALPS HOLDING COMPANY LIMITED #247 filed by Defendants Alps Holding Company Limited, TNSG Health Co., Ltd. (Attachments: #1 Declaration of Brian A. Sun, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Sun, Brian) |
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Filing 262
TEXT ONLY ENTRY (In Chambers) ORDER by Judge Hernan D. Vera: The Court resets the hearing TIME for Plaintiffs' Motion for Entry of Default Judgment #247 and Plaintiffs' Motion for (1) A Finding of Fact and (2) Entry of Default Judgment #249 from 10am to 1:30pm. The hearing date of 04/25/24 shall remain as previously scheduled. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
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Filing 261
(IN CHAMBERS) ORDER by Judge Hernan D. Vera. The Court has reviewed the ex parte application to continue the April 25, 2024 hearing date #259 . The Court finds that defaulting Defendants do not have standing to seek this relief, and, even if they did, have not shown good cause. For those reasons, the application is denied. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lfa) TEXT ONLY ENTRY
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| Filing 260 OPPOSITION re: Joint EX PARTE APPLICATION to Continue The Hearing Date on Plaintiff's Motion for Default Judgment from April 25, 2024 to June 6, 2024 #259 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Exhibit 1, #3 Exhibit 2)(Gold, Seth) |
| Filing 259 Joint EX PARTE APPLICATION to Continue The Hearing Date on Plaintiff's Motion for Default Judgment from April 25, 2024 to June 6, 2024 filed by Defendants Alps Holding Company Limited, TNSG Health Co., Ltd. (Attachments: #1 Declaration of Jason Liang, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Declaration of Brian Sun, #10 Exhibit A, #11 Exhibit B, #12 Exhibit C, #13 Exhibit D, #14 Declaration of Douglas Foster, #15 Exhibit 1, #16 Proposed Order, #17 Proposed Stipulation) (Sun, Brian) |
| Filing 258 Notice of Appearance or Withdrawal of Counsel: for attorney Jason L. Liang counsel for Defendants Mom's Garden Company Limited, Mom's Garden GMBH, Naturalist Inc, Nature's Prime LLC, Tilis Company Limited, Wild Forest Inc. Adding Jason L. Liang as counsel of record for Defendants Moms Garden Company Ltd., Moms Garden GMBH, Natures Prime LLC, Naturalist, Inc., Tilis Company Limited, and Wild Forest, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Moms Garden Company Ltd., Moms Garden GMBH, Natures Prime LLC, Naturalist, Inc., Tilis Company Limited, and Wild Forest, Inc.. (Attorney Jason L. Liang added to party Mom's Garden Company Limited(pty:dft), Attorney Jason L. Liang added to party Mom's Garden GMBH(pty:dft), Attorney Jason L. Liang added to party Naturalist Inc(pty:dft), Attorney Jason L. Liang added to party Nature's Prime LLC(pty:dft), Attorney Jason L. Liang added to party Tilis Company Limited(pty:dft), Attorney Jason L. Liang added to party Wild Forest Inc(pty:dft))(Liang, Jason) |
| Filing 257 Notice of Appearance or Withdrawal of Counsel: for attorney Douglas B Foster counsel for Defendants Zhijuan Guo, Qidong Lu. Adding Douglas B. Foster as counsel of record for Defendants Qidong Lu and Zhijuan Guo for the reason indicated in the G-123 Notice. Filed by Defendant Qidong Lu and Zhijuan Guo. (Attorney Douglas B Foster added to party Zhijuan Guo(pty:dft), Attorney Douglas B Foster added to party Qidong Lu(pty:dft))(Foster, Douglas) |
| Filing 256 Notice of Appearance or Withdrawal of Counsel: for attorney Ani H. Galoyan counsel for Defendants Alps Holding Company Limited, TNSG Health Co., Ltd. Adding Ani Galoyan as counsel of record for Defendants TNSG Health Co., LTD and Alps Holding Company Limited for the reason indicated in the G-123 Notice. Filed by Defendants TNSG Health Co., LTD and Alps Holding Company Limited. (Attorney Ani H. Galoyan added to party Alps Holding Company Limited (pty:dft), Attorney Ani H. Galoyan added to party TNSG Health Co., Ltd(pty:dft))(Galoyan, Ani) |
| Filing 255 Notice of Appearance or Withdrawal of Counsel: for attorney Alesha M Dominique counsel for Defendants Alps Holding Company Limited, TNSG Health Co., Ltd. Adding Alesha M. Dominique as counsel of record for Defendants TNSG Health Co., LTD and Alps Holding Company Limited for the reason indicated in the G-123 Notice. Filed by Defendants TNSG Health Co., LTD and Alps Holding Company Limited. (Attorney Alesha M Dominique added to party Alps Holding Company Limited (pty:dft), Attorney Alesha M Dominique added to party TNSG Health Co., Ltd(pty:dft))(Dominique, Alesha) |
| Filing 254 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher K. Pelham counsel for Defendants Alps Holding Company Limited, TNSG Health Co., Ltd. Adding Christopher K. Pelham as counsel of record for Defendants TNSG Health Co., LTD and Alps Holding Company Limited for the reason indicated in the G-123 Notice. Filed by Defendants TNSG Health Co., LTD and Alps Holding Company Limited. (Attorney Christopher K. Pelham added to party Alps Holding Company Limited (pty:dft), Attorney Christopher K. Pelham added to party TNSG Health Co., Ltd(pty:dft))(Pelham, Christopher) |
| Filing 253 Notice of Appearance or Withdrawal of Counsel: for attorney Brian A Sun counsel for Defendants Alps Holding Company Limited, TNSG Health Co., Ltd. Adding Brian A. Sun as counsel of record for Defendants TNSG Health Co., LTD and Alps Holding Company Limited for the reason indicated in the G-123 Notice. Filed by Defendants TNSG Health Co., LTD and Alps Holding Company Limited. (Attorney Brian A Sun added to party Alps Holding Company Limited (pty:dft), Attorney Brian A Sun added to party TNSG Health Co., Ltd(pty:dft))(Sun, Brian) |
| Filing 252 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, PLAINTIFFS NOTICE OF MOTION AND MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS TNSG HEALTH CO., LTD. AND ALPS HOLDING COMPANY LIMITED; REQUEST FOR ORDER DISMISSING COUNTERCLAIM WITH PREJUDICE, AND SUPPORTING DOCUMENTS served on March 12, 2024. (Rahmanpour, Roya) |
| Filing 251 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, PLAINTIFFS NOTICE OF MOTION AND MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS TNSG HEALTH CO., LTD. AND ALPS HOLDING COMPANY LIMITED; REQUEST FOR ORDER DISMISSING COUNTERCLAIM WITH PREJUDICE, DECLARATION OF SETH GOLD IN SUPPORT OF PLAINTIFFS MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS TNSG HEALTH CO., LTD. AND ALPS HOLDING COMPANY LIMITED, [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR DEFAULT JUDGMENT AGAINST TNSG HEALTH CO., LTD. AND ALPS HOLDING COMPANY LIMITED AND DISMISSING TNSG HEALTH CO., LTD.S COUNTERCLAIM WITH PREJUDICE, PLAINTIFFS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS TNSG HEALTH CO., LTD. AND ALPS HOLDING COMPANY LIMITED, PLAINTIFFS NOTICE OF MOTION AND MOTION FOR (1) A FINDING OF FACT THAT ALL DEFENDANTS ARE ALTER EGOS OF ONE ANOTHER, AND (2) ENTRY OF DEFAULT JUDGMENT AGAINST MOMS GARDEN CO. LTD., MOMS GARDEN GMBH, NATURES PRIME LLC, NATURALIST, INC., TILIS CO. LTD., WILD FOREST, INC., QIDONG LU, AND ZHIJUAN GUO, DECLARATION OF SETH GOLD IN SUPPORT OF PLAINTIFFS MOTION FOR (1) FED. R. CIV. P. DISCOVERY SANCTION AND (2) ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS ZHIJUAN GUO, QIDONG LU, MOMS GARDEN CO. LTD., MOMS GARDEN GMBH, NATURES PRIME LLC, NATURALIST, INC., TILIS CO. LTD., AND WILD FOREST, INC., [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR (1) A FINDING OF FACT THAT ALL DEFENDANTS ARE ALTER EGOS OF ONE ANOTHER, AND (2) ENTRY OF DEFAULT JUDGMENT AGAINST MOMS GARDEN CO. LTD., MOMS GARDEN GMBH, NATURES PRIME LLC, NATURALIST, INC., TILIS CO. LTD., WILD FOREST, INC., QIDONG LU, AND ZHIJUAN GUO, PLAINTIFFS NOTICE OF LODGING OF [PROPOSED] JUDGMENT AGAINST DEFENDANTS, [PROPOSED] JUDGMENT AGAINST ALL DEFENDANTS served on March 8, 2024. (Gold, Seth) |
| Filing 250 NOTICE OF LODGING filed [PROPOSED] DEFAULT JUDGMENT AGAINST DEFENDANTS re NOTICE OF MOTION AND MOTION for Default Judgment against Defendants MOMS GARDEN CO. LTD., MOMS GARDEN GMBH, NATURES PRIME LLC, NATURALIST, INC., TILIS CO. LTD., WILD FOREST, INC., QIDONG LU, AND ZHIJUAN GUO #249 , NOTICE OF MOTION AND MOTION for Default Judgment against Defendants TNSG HEALTH CO., LTD. AND ALPS HOLDING COMPANY LIMITED #247 (Attachments: #1 Proposed Order re Judgment)(Gold, Seth) |
| Filing 249 NOTICE OF MOTION AND MOTION for Default Judgment against Defendants MOMS GARDEN CO. LTD., MOMS GARDEN GMBH, NATURES PRIME LLC, NATURALIST, INC., TILIS CO. LTD., WILD FOREST, INC., QIDONG LU, AND ZHIJUAN GUO filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. Motion set for hearing on 4/25/2024 at 10:00 AM before Judge Hernan D. Vera. (Attachments: #1 Declaration of Seth Gold, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Gold, Seth) |
| Filing 248 PLAINTIFFS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS TNSG HEALTH CO., LTD. AND ALPS HOLDING COMPANY LIMITED re NOTICE OF MOTION AND MOTION for Default Judgment against Defendants TNSG HEALTH CO., LTD. AND ALPS HOLDING COMPANY LIMITED #247 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gold, Seth) |
| Filing 247 NOTICE OF MOTION AND MOTION for Default Judgment against Defendants TNSG HEALTH CO., LTD. AND ALPS HOLDING COMPANY LIMITED filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. Motion set for hearing on 4/25/2024 at 10:00 AM before Judge Hernan D. Vera. (Attachments: #1 Declaration of Seth Gold, #2 Declaration A, #3 Proposed Order) (Gold, Seth) |
| Filing 246 DEFAULT BY CLERK F.R.Civ.P.55(a) on the First Amended Complaint as to Naturalist Inc, Wild Forest Inc, Nature's Prime LLC, Mom's Garden GMBH. (lom) |
| Filing 245 DEFAULT BY CLERK F.R.Civ.P.55(a) on the First Amended Complant as to Mom's Garden Company Limited, Tilis Company Limited, Alps Holding Company Limited, Qidong Lu, Zhijuan Guo. (lom) |
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Filing 244
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Hernan D. Vera: The Court has reviewed the Requests to Enter Default and the deficiency notice. The clerk is instructed to enter defaults on all requests. See Dkts. #234 through #242. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY
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| Filing 243 NOTICE OF DEFICIENCY Re: The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. Request for Entry of Default has been forwarded to the assigned Judge. Re Default as to Mom's Garden Company Limited, Tilis Company Limited, Alps Holding Company Limited, Qidong Lu, Zhijuan Guo, Naturalist Inc, Wild Forest Inc, Nature's Prime LLC, and Mom's Garden GMBH. 1. Mom's Garden and Tilis are foreign entities. Service made on a foreign defendant in a foreign country (China); clerk is not authorized to determine propriety of service made in a foreign country per HAGUE CONVENTION ; 2. First Amended Complaint lacks Proof of Service; 2. Other defendants - Proof of service of Summons, person served: Shawn "Doe", Office services Authorized to accept on behalf of SHARONI FINKELSTEIN, Attorney/Agent for Service of Process. Person Shawn "Doe" served, name is incomplete, no description, no mail service. Clerk cannot assume Sharoni Finkelstein is the attorney for defendants. ("as authorized agent" see the DECLARATIONS IN SUPPORT RE REQUESTS) Also, it is not clear if other defendants are foreign entities. 3. WILD FOREST, INC. Person served: MICHAEL ZENG, authorized to accept service EASYINCORP.COM, Agent for Service of Process. Unclear as to "EASYINCORP.COM". Request for Entry of Default has been forwarded to the assigned Judge. (lom) Modified on 1/11/2024 (lom). |
| Filing 242 REQUEST for Clerk to Enter Default against Defendant Mom's Garden GMBH filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Proposed Order) (Gold, Seth) |
| Filing 241 REQUEST for Clerk to Enter Default against Defendant Nature's Prime LLC filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Proposed Order) (Gold, Seth) |
| Filing 240 REQUEST for Clerk to Enter Default against Defendant Wild Forest Inc filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Proposed Order) (Gold, Seth) |
| Filing 239 REQUEST for Clerk to Enter Default against Defendant Naturalist Inc filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Proposed Order) (Gold, Seth) |
| Filing 238 REQUEST for Clerk to Enter Default against Defendant Zhijuan Guo filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Proposed Order) (Gold, Seth) |
| Filing 237 REQUEST for Clerk to Enter Default against Defendant Qidong Lu filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Supplement) (Gold, Seth) |
| Filing 236 REQUEST for Clerk to Enter Default against Defendant Alps Holding Company Limited filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Proposed Order) (Gold, Seth) |
| Filing 235 REQUEST for Clerk to Enter Default against Defendant Tilis Company Limited filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Proposed Order) (Gold, Seth) |
| Filing 234 REQUEST for Clerk to Enter Default against Defendant Mom's Garden Company Limited filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Proposed Order) (Gold, Seth) |
| Filing 233 DEFAULT BY CLERK F.R.Civ.P.55(a) on the First Amended Complaint as to TNSG Health Co, Ltd. (lom) |
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Filing 232
ORDER GRANTING PLAINTIFFS' RENEWED REQUEST DIRECTING CLERK TO ENTER DEFAULT AGAINST DEFENDANT TNSG HEALTH CO., LTD. #230 by Judge Hernan D. Vera. The Court GRANTS ChildLife's Renewed Request pursuant to Fed. R. Civ. P. 55(a) and directs the Clerk to enter default against TNSG Health. (lom)
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| Filing 231 NOTICE OF DEFICIENCY Re: Renewed REQUEST for Clerk to Enter Default against Defendant TNSG Health Co., Ltd #230 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. Request for Entry of Default has been forwarded to the assigned Judge. 1. The First A/C was sent to attorneys no longer on the case; 2, Proof of Service does not indicate if mail service was done; 3. Alps Holdings is not a defendant in this case, see First Amended Complaint - caption. (lom) |
| Filing 230 Renewed REQUEST for Clerk to Enter Default against Defendant TNSG Health Co., Ltd filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Proposed Order) (Gold, Seth) |
| Filing 229 MINUTES (IN CHAMBERS) by Magistrate Judge Rozella A. Oliver: denying #228 Request for Order. The Court will not rule on the discovery and sanctions motions pending against Defendant TNSG Health Co. until Defendant has retained counsel. See order for further details. (RAO) |
| Filing 228 REQUEST for Order for MOTION FOR SANCTIONS AGAINST DEFENDANT TNSG HEALTH CO., LTD. [DKT. 137] filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke.(Rahmanpour, Roya) |
| Filing 227 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, re Service on Defendant TNSG Health Co., Ltd., served on October 16, 2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rahmanpour, Roya) |
| Filing 226 Notice of Appearance or Withdrawal of Counsel: for attorney Sharoni Finkelstein counsel for Defendant TNSG Health Co., Ltd. Sharoni S. Finkelstein is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Third-Party Venable LLP. (Finkelstein, Sharoni) |
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Filing 225
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Hernan D. Vera: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice of Appearance or Withdrawal of Counsel (G-123) #219 , for the following reasons: Incorrect event used; attorney was not properly added to the docket. See Deficiency Notice #224. (lom)
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| Filing 224 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), #219 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Substitute Attorney (G-01).. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 223 PROOF OF SERVICE Executed by Plaintiff Biozeal, LLC, Murray Colin Clarke, upon Defendant Naturalist Inc served on 11/7/2023, answer due 11/28/2023. Service of the Summons and Complaint were executed upon Naturalist, Inc. in compliance with Federal Rules of Civil Procedure by method of service not specified (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rahmanpour, Roya) |
| Filing 222 PROOF OF SERVICE Executed by Plaintiff Biozeal, LLC, Murray Colin Clarke, upon Defendant Nature's Prime LLC served on 11/7/2023, answer due 11/28/2023. Service of the Summons and Complaint were executed upon Natures Prime, LLC in compliance with Federal Rules of Civil Procedure by method of service not specified (Attachments: #1 Exhibit A, #2 Exhibit B)(Rahmanpour, Roya) |
| Filing 221 PROOF OF SERVICE Executed by Plaintiff Biozeal, LLC, Murray Colin Clarke, upon Defendant Mom's Garden Company Limited served on 11/7/2023, answer due 11/28/2023. Service of the Summons and Complaint were executed upon Moms Garden Company Limited in compliance with Federal Rules of Civil Procedure by method of service not specified (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rahmanpour, Roya) |
| Filing 220 PROOF OF SERVICE Executed by Plaintiff Biozeal, LLC, Murray Colin Clarke, upon Defendant Tilis Company Limited served on 11/7/2023, answer due 11/28/2023. Service of the Summons and Complaint were executed upon Tilis Company Limited in compliance with Federal Rules of Civil Procedure by method of service not specified (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rahmanpour, Roya) |
| Filing 219 STRICKEN, see docket entry no. 225 - Notice of Appearance or Withdrawal of Counsel: for attorney Sharoni Finkelstein counsel for Defendant TNSG Health Co., Ltd. Sharoni S. Finkelstein is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Third-Party Venable LLP. (Finkelstein, Sharoni) Modified on 12/9/2023 (lom). |
| Filing 218 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah S. Brooks counsel for Defendant TNSG Health Co., Ltd. Sarah S. Brooks is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Third-Party Venable LLP. (Brooks, Sarah) |
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Filing 217
MINUTES (IN CHAMBERS) ORDER DENYING VENABLE LLP's Ex PARTE APPLICATION FOR AN ORDER STRIKING PROOFS OF SERVICE #213 by Judge Hernan D. Vera. Venable's Ex Parte Application is denied. Each party shall bear its own costs. (lom) Modified on 11/30/2023 (lom).
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| Filing 216 OPPOSITION OPPOSITION re: EX PARTE APPLICATION for Order for Striking Proofs of Service #213 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Gold, Seth) |
| Filing 215 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Proof of Service (subsequent documents) #211 , Proof of Service (subsequent documents) #208 , Proof of Service (subsequent documents) #209 , Proof of Service (subsequent documents) #207 , Proof of Service (subsequent documents), #210 , Proof of Service (subsequent documents), #212 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of Summons and Complaint Returned Executed (21 days). Other error(s) with document(s): The correct event estimates the time the answer is due and allows the filer to answer questions regarding the summons. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) |
| Filing 214 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant TNSG Health Co., Ltd #206 . The Clerk cannot enter the requested relief as: No proof of service/waiver of service on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. There is no Proof of Service on the First Amended Complaint as to TNSG Health Co., Ltd. (lom) |
| Filing 213 EX PARTE APPLICATION for Order for Striking Proofs of Service filed by Third-Party Venable LLP. (Attachments: #1 Declaration Sarah S. Brooks with Exs 1-8, #2 Proposed Order) (Attorney Sarah S. Brooks added to party Venable LLP(pty:3pd)) (Brooks, Sarah) |
| Filing 212 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, OF SUMMONS AND AMENDED COMPLAINT ON DEFENDANT NATURALIST, INC. served on November 7, 2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rahmanpour, Roya) |
| Filing 211 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, OF SUMMONS AND AMENDED COMPLAINT ON DEFENDANT MOMS GARDEN GMBH served on November 7, 2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rahmanpour, Roya) |
| Filing 210 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, OF SUMMONS AND AMENDED COMPLAINT ON DEFENDANT WILD FOREST, INC. served on November 7, 2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rahmanpour, Roya) |
| Filing 209 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, OF SUMMONS AND AMENDED COMPLAINT ON DEFENDANT QIDONG LU served on November 7, 2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rahmanpour, Roya) |
| Filing 208 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, OF SUMMONS AND AMENDED COMPLAINT ON DEFENDANT ZHIJUAN GUO served on November 7, 2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rahmanpour, Roya) |
| Filing 207 PROOF OF SERVICE filed by Plaintiff Biozeal, LLC, Murray Colin Clarke, SUMMONS AND AMENDED COMPLAINT ON DEFENDANT ALPS HOLDING COMPANY LIMITED served on November 7, 2023. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rahmanpour, Roya) |
| Filing 206 REQUEST for Clerk to Enter Default against Defendant TNSG Health Co., Ltd filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Proposed Order, #3 Proof of Service) (Gold, Seth) |
| Filing 205 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, re Order on Motion to Amend/Correct, #189 FIRST AMENDED COMPLAINT ON DEFENDANT TNSG HEALTH CO., LTD. served on October 16, 2023. (Attachments: #1 Exhibit A - Dkt No. 189)(Gold, Seth) |
| Filing 204 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Biozeal, LLC, Murray Colin Clarke. (Gold, Seth) |
| Filing 203 Notice of Appearance or Withdrawal of Counsel: for attorney Lilit Asadourian counsel for Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. Filed by Plaintiffs MURRAY COLIN CLARKE and BIOZEAL, LLC. (Asadourian, Lilit) |
| Filing 202 21 DAY Summons Issued re First Amended Complaint #192 as to Defendant Alps Holding Company Limited. (lom) |
| Filing 201 21 DAY Summons Issued re First Amended Complaint #192 as to Defendant Naturalist Inc. (lom) |
| Filing 200 21 DAY Summons Issued re First Amended Complaint #192 as to Defendant Mom's Garden GMBH. (lom) |
| Filing 199 21 DAY Summons Issued re First Amended Complaint #192 as to Defendant Tilis Company Limited. (lom) |
| Filing 198 21 DAY Summons Issued re First Amended Complaint #192 as to Defendant Wild Forest Inc. (lom) |
| Filing 197 21 DAY Summons Issued re First Amended Complaint #192 as to Defendant Qidong Lu. (lom) |
| Filing 196 21 DAY Summons Issued re First Amended Complaint #192 as to Defendant Nature's Prime LLC. (lom) |
| Filing 195 21 DAY Summons Issued re First Amended Complaint #192 as to Defendant Mom's Garden Company Limited. (lom) |
| Filing 194 21 DAY Summons Issued re First Amended Complaint #192 as to Defendant Zhijuan Guo. (lom) |
| Filing 193 Request for Clerk to Issue Summons on Amended Complaint/Petition,, #192 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Summons MOMS GARDEN, #2 Summons NATURES PRIME, #3 Summons ALPS HOLDING, #4 Summons NATURALIST INC, #5 Summons TILIS, #6 Summons WILD FOREST, #7 Summons OIDONG LU, #8 Summons ZHIJUAN GUO)(Rahmanpour, Roya) |
| Filing 192 FIRST AMENDED COMPLAINT against Defendants Biozeal, LLC, Murray Colin Clarke amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke (Attachments: #1 Exhibit A through L)(Attorney Lilit Asadourian added to party Biozeal, LLC(pty:pla), Attorney Lilit Asadourian added to party Biozeal, LLC(pty:cd), Attorney Lilit Asadourian added to party Murray Colin Clarke(pty:pla), Attorney Lilit Asadourian added to party Murray Colin Clarke(pty:cd))(Asadourian, Lilit) |
| Filing 191 FOR COURT USE ONLY: STATISTICAL CORRECTION striking as moot motion #174 re: Minute Order #190 . (lom) |
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Filing 190
MINUTES (IN CHAMBERS) ORDER GRANTING VENABLE LLP's MOTION FOR RECONSIDERATION OF ORDER DENYING EX P ARTE APPLICATION TO WITHDRAW AS COUNSEL OF RECORD #141 by Judge Hernan D. Vera: Accordingly, the Court grants Venable's request to withdraw as counsel of record for Defendant TNSG Health Co., Ltd. Defendant is ordered to file a Notice of Appearance for new counsel no later than November 15, 2023. Defendant is cautioned that failure to file an appearance of new counsel could result in an entry of default and subsequently a default judgment. (see document for further details) (bm)
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Filing 189
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT #129 by Judge Hernan D. Vera: For these reasons, the Court hereby grants Plaintiffs' Motion for Leave to File a First Amended Complaint. Plaintiffs are ordered to file their First Amended Complaint no later than October 30, 2023. (see document for further details) (bm)
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| Filing 188 TRANSCRIPT ORDER as to Defendant and Counterclaimant TNSG Health Co., Ltd for Court Reporter. Court will contact Sarah S. Brooks at ssbrooks@venable.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Brooks, Sarah) |
| Filing 187 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/11/2023 at 10:26 a.m. re Transcript #186 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (McKennon, Suzanne) TEXT ONLY ENTRY |
| Filing 186 TRANSCRIPT for proceedings held on 10/11/2023 at 10:26 a.m. Court Reporter: Suzanne M. McKennon, CSR, CRR, RMR, phone number (559) 658-0362. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/6/2023. Redacted Transcript Deadline set for 11/16/2023. Release of Transcript Restriction set for 1/16/2024. (McKennon, Suzanne) |
| Filing 185 MINUTES OF PLAINTIFFS MURRAY COLIN CLARKE'S AND BIOZEAL, LLCS MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT #129 ; VENABLE LLP'S MOTION FOR RECONSIDERATION OF ORDER DENYING VENABLE LLPS EX PARTE APPLICATION TO WITHDRAW AS COUNSEL OF RECORD #141 Hearing held before Judge Hernan D. Vera: The Court held argument on Plaintiffs Murray Colin Clarke's and Biozeal, LLC's Motion for Leave to File First Amended Complaint #129 and Venable LLP's Motion for Reconsideration of Order Denying Venable LLP's Ex Parte Application to Withdraw as Counsel of Record #141 . The Court took both Motions under submission. Court Reporter: Suzanne Mckennon. (bm) |
| Filing 184 TRANSCRIPT ORDER as to Plaintiffs Biozeal, LLC, Murray Colin Clarke for Court Reporter. Court will contact Jesse Rodriguez at jesse.rodriguez@btlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rahmanpour, Roya) |
| Filing 183 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Supplement #182 . The following error(s) was/were found: Judge's initials indicated in caption of attached document are incorrect. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) |
| Filing 182 SUPPLEMENT to NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening), #1 #129 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Exhibit 1 (Rectification of Typographical or Clerical Error in Registered Document filed September 4, 2023)), #2 Exhibit 2 (back-dated Notice of Change of Company Secretary and Director on July 27, 2023), #3 Exhibit 3 (Rectification of Typographical or Clerical Error in Registered Document filed August 2, 2023), #4 Exhibit 4 (back-dated Notice of Change of Company Secretary and Director filed July 27, 2023))(Zhang, Jiaxiao) |
| Filing 181 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening), #1 #129 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Roya Rahmanpour, #2 Exhibit 1 In Support of Declaration, #3 Exhibit 2 in Support of Declaration)(Gold, Seth) |
| Filing 180 REPLY In Support Of NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Withdraw as Attorney #136 #141 filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration Sarah S. Brooks with Exhibits 1-3)(Brooks, Sarah) |
| Filing 179 DECLARATION of Roya Rahmanpour in support of opposition to motion for reconsideration NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Withdraw as Attorney #136 #141 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Exhibit 1 to Rahmanpour Declaration, #2 Exhibit 2 to Rahmanpour Declaration, #3 Exhibit 3 to Rahmanpour Declaration, #4 Exhibit 4 to Rahmanpour Declaration, #5 Exhibit 5 to Rahmanpour Declaration, #6 Exhibit 6 to Rahmanpour Declaration, #7 Exhibit 7 to Rahmanpour Declaration, #8 Exhibit 8 to Rahmanpour Declaration, #9 Exhibit 9 to Rahmanpour Declaration, #10 Exhibit 10 to Rahmanpour Declaration, #11 Exhibit 11 to Rahmanpour Declaration, #12 Exhibit 12 to Rahmanpour Declaration, #13 Exhibit 13 to Rahmanpour Declaration, #14 Exhibit 14 to Rahmanpour Declaration, #15 Exhibit 15 to Rahmanpour Declaration, #16 Exhibit 16 to Rahmanpour Declaration, #17 Exhibit 17 to Rahmanpour Declaration, #18 Exhibit 18 to Rahmanpour Declaration)(Rahmanpour, Roya) |
| Filing 178 Opposition Opposition re: NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Withdraw as Attorney #136 #141 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration Rahmanpour Decl ISO Motion for Reconsideration)(Rahmanpour, Roya) |
| Filing 177 OPPOSITION to NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening), #1 #129 filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration Sarah S. Brooks with Exhibits 1-5)(Brooks, Sarah) |
| Filing 176 SCHEDULING NOTICE by Magistrate Judge Rozella A. Oliver re scheduling notice 173 . The previously scheduled video discovery status conference for 9/18/2023 at 10:00 AM has been vacated. Chambers will reach out to reschedule after the most recent motion to withdraw as counsel has been ruled upon. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY |
| Filing 175 MINUTES (IN CHAMBERS) by Magistrate Judge Rozella A. Oliver: granting in part and denying in part Plaintiffs' Motion #151 as to the request to de-designate and denying the Motion as to the request for sanctions. Plaintiffs' Application to Seal #152 is granted. See order for further details. (RAO) |
| Filing 174 NOTICE OF MOTION AND MOTION of Sarah S. Brooks and Sharoni S. Finkelstein to Withdraw as Attorney filed by Defendant and Counterclaimant TNSG Health Co., Ltd. Motion set for hearing on 11/9/2023 at 10:00 AM before Judge Hernan D. Vera. (Attachments: #1 Declaration Sarah S. Brooks with Exhibits 1-3, #2 Proposed Order) (Brooks, Sarah) |
| Filing 173 SCHEDULING NOTICE by Magistrate Judge Rozella A. Oliver. The Court has set a Zoom Webinar Status Conference re pending motions for 9/18/2023 at 10:00 AM. Webinar link sent via email and can be found on Judge Oliver's procedures and schedules page on the court's website. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY |
| Filing 172 TEXT ONLY ENTRY (In Chambers) by Judge Hernan D. Vera: Please be advised that Plaintiffs' Motion for Leave #129 and Defendant's Motion for Reconsideration of Order #141 are advanced to 10/11/2023 at 10AM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 171 SCHEDULING NOTICE by Magistrate Judge Rozella A. Oliver. The Court finds the NOTICE OF MOTION AND MOTION to Compel Responses #160 appropriate for decision without oral argument (Fed. R. Civ. P. 78; Local Rule 7-15). Accordingly, the motion hearing set for 9/6/2023 at 10:00 AM has been vacated and the motion is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY |
| Filing 170 MINUTES (IN CHAMBERS) by Magistrate Judge Rozella A. Oliver: granting in part and denying in part #117 TNSG's Motion to Compel. See order for further details. (RAO) |
| Filing 169 [DEFENDANT TNSG HEALTH CO., LTD.'S STATEMENT IN RESPONSE TO PLAINTIFFS' APPLICATION FOR LEAVE TO FILE UNDER SEAL (DKT. 165) filed as] STATEMENT of Response to APPLICATION to file document FOR LEAVE TO FILE UNDER SEAL IN CONNECTION WITH PLAINTIFFS SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES AND DOCUMENTS FOR PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS (SET TWO), CLARKES IN #165 filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration Sarah S. Brooks)(Brooks, Sarah) Modified on 8/29/2023 (lom). |
| Filing 168 DECLARATION of Seth Gold Support MOTION to Compel Responses and Documents to Plaintiffs' Requests for Production of Documents (Set Two), Clarke's Interrogatories (Set Two) and Plaintiff Biozeal, LLC's Interrogatories (Set One) #160 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Exhibit 2 Document August 23, 2023 from the U.S. Patent Trademark Office, #2 Exhibit 3 First Set of Requests for Admission Plaintiff Biozeal, LLC, #3 Exhibit 4 Plaintiffs Opposition, of Defendants motion to suspend, #4 Exhibit 5 Parties' Joint Email to the Court)(Gold, Seth) |
| Filing 167 CERTIFICATE OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke re: Sealed Declaration in SupportDeclaration, #166 (Gold, Seth) |
| Filing 166 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document FOR LEAVE TO FILE UNDER SEAL IN CONNECTION WITH PLAINTIFFS SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES AND DOCUMENTS FOR PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS (SET TWO), CLARKES IN #165 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Exhibit 1 NON-PUBLIC Deposition Testimony)(Gold, Seth) |
| Filing 165 APPLICATION to file document FOR LEAVE TO FILE UNDER SEAL IN CONNECTION WITH PLAINTIFFS SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES AND DOCUMENTS FOR PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS (SET TWO), CLARKES INTERROGATORIES (SET TWO), AND PLAINTIFF BIOZEAL, LLCS INTERROGATORIES (SET ONE) under seal filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Proposed Order)(Gold, Seth) |
| Filing 164 SUPPLEMENT to MOTION to Compel Responses and Documents to Plaintiffs' Requests for Production of Documents (Set Two), Clarke's Interrogatories (Set Two) and Plaintiff Biozeal, LLC's Interrogatories (Set One) #160 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Exhibit 1 [public version], #3 Exhibit 2 Revocation, Appointment, and-or Change of Address of Attorney-Domestic Representative, #4 Exhibit 3 Defendant TNSGs First Set of Request for Admissions, #5 Exhibit 4 Notice of Opposition)(Gold, Seth) |
| Filing 163 CERTIFICATE OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, re Sealed Declaration in SupportDeclaration,,, #162 served on August 16, 2023. (Rahmanpour, Roya) |
| Filing 162 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in connection with Plaintiffs' Motion to Compel Responses and Documents to Plaintiffs' Requests for Production of Documents (Set Two), Clarke's Interrogatories (Set Two) and Plaintiff Biozeal, LLC's #161 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Unredacted Document Non-Public Joint Stipulation, #2 Unredacted Document Non-Public Exhibit 7 to Rahmanpour Declaration, #3 Unredacted Document Non-Public Exhibit 17 to Rahmanpour Declaration, #4 Unredacted Document Non-Public Exhibit 18 to Rahmanpour Declaration, #5 Unredacted Document Non-Public Exhibit 19 to Rahmanpour Declaration, #6 Unredacted Document Non-Public Exhibit 3 to Brooks Declaration)(Rahmanpour, Roya) |
| Filing 161 APPLICATION to file document in connection with Plaintiffs' Motion to Compel Responses and Documents to Plaintiffs' Requests for Production of Documents (Set Two), Clarke's Interrogatories (Set Two) and Plaintiff Biozeal, LLC's Interrogatories (Set One) #160 under seal filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Roya Rahmanpour, #2 Proposed Order)(Rahmanpour, Roya) |
| Filing 160 NOTICE OF MOTION AND MOTION to Compel Responses and Documents to Plaintiffs' Requests for Production of Documents (Set Two), Clarke's Interrogatories (Set Two) and Plaintiff Biozeal, LLC's Interrogatories (Set One) filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. Motion set for hearing on 9/6/2023 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: #1 Redacted Document Joint Stipulation, #2 Declaration of Roya Rahmanpour, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Redacted Document Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Redacted Document Exhibit 17, #20 Redacted Document Exhibit 18, #21 Redacted Document Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Declaration of Sarah Brooks, #39 Exhibit 1, #40 Exhibit 2, #41 Redacted Document Exhibit 3, #42 Exhibit 4, #43 Exhibit 5, #44 Exhibit 6, #45 Exhibit 7, #46 Exhibit 8, #47 Proposed Order)(Rahmanpour, Roya) |
| Filing 159 SCHEDULING NOTICE by Magistrate Judge Rozella A. Oliver. The Court finds NOTICE OF MOTION AND MOTION for De-Designation of Certain Portions of the Deposition #151 appropriate for decision without oral argument (Fed. R. Civ. P. 78; Local Rule 7-15). Accordingly, the motion hearing set for 8/23/2023 at 10:00 AM has been vacated and the motion will be taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY |
| Filing 158 SUPPLEMENT to MOTION for Order for De-Designation of Certain Portions of the Deposition Transcript of Nicole Russell and for Monetary Sanctions Against Nicole Russell and Defendant Jointly and Severally #151 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Exhibit A to Declaration of Seth Gold, #3 Exhibit B to Declaration of Seth Gold, #4 Request For Judicial Notice For Supplemental Memorandum In Support Of Motion For Order To De-Designate Certain Portions Of The Deposition Transcript Of Nicole Russell And For Monetary Sanctions Against Nicole Russell And Defendant Jointly And Severally, #5 Exhibit 1 to Request for Judicial Notice, #6 Exhibit 2 to Request for Judicial Notice)(Gold, Seth) |
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Filing 157
ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION TO AMEND THE SCHEDULING ORDER #150 by Judge Hernan D. Vera #150 . The case deadlines shall be modified as follows: Close of Fact Discovery February 1, 2024; Disclosure of Expert Witnesses February 8, 2024; Disclosure of Rebuttal Expert Witnesses February 22, 2024; Close of Expert Discovery March 8, 2024; Dispositive Motions February 15, 2024; Oppositions to Dispositive Motions February 29, 2024; Replies to Dispositive Motions March 7, 2024; Last Day to Hear Dispositive Motions April 18, 2024; Trial Filings Motions in Limine, Contentions Memos, Witness Lists, Joint Exhibit List, Joint Status Report June 4, 2024; Trial Filings Joint Proposed Final PreTrial Order, etc June 18, 2024; Hearing on Motions in Limine June 25, 2024; Final Pretrial Conference July 2, 2024 at 10:00 am; Trial July 23, 2024 at 9:00 am. See order for details. (lom)
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| Filing 156 SCHEDULING NOTICE by Magistrate Judge Rozella A. Oliver. The Court finds the NOTICE OF MOTION AND MOTION for Sanctions #137 appropriate for decision without oral argument (Fed. R. Civ. P. 78; Local Rule 7-15). Accordingly, the motion hearing set for 8/9/2023 at 10:00 AM has been vacated and the motion is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY |
| Filing 155 OPPOSITION to EX PARTE APPLICATION to AMEND Scheduling Order,, Set/Reset Deadlines/Hearings, #86 #150 filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration Sarah S. Brooks, #2 Exhibit 1-5 to Declaration)(Brooks, Sarah) |
| Filing 154 CERTIFICATE OF SERVICE filed by plaintiff Biozeal, LLC, Murray Colin Clarke, re Sealed Declaration in SupportDeclaration,, #153 served on 08/02/2023. (Rahmanpour, Roya) |
| Filing 153 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in connection with Motion for Order for De-Designation of Certain Portions of the Deposition Transcript of Nicole Russell and Defendant Jointly and Severally under seal #152 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Unredacted Joint Stipulation, #2 Exhibit 11 to Gold Decl., #3 Exhibit 12 to Gold Decl., #4 Exhibit 14 to Gold Decl., #5 Exhibit 3 to Brooks Decl., #6 Exhibit 4 to Brooks Decl., #7 Exhibit 5 to Brooks Decl.)(Rahmanpour, Roya) |
| Filing 152 APPLICATION to file document in connection with Motion for Order for De-Designation of Certain Portions of the Deposition Transcript of Nicole Russell and Defendant Jointly and Severally under seal filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Roya Rahmanpour, #2 Proposed Order)(Rahmanpour, Roya) |
| Filing 151 NOTICE OF MOTION AND MOTION for Order for De-Designation of Certain Portions of the Deposition Transcript of Nicole Russell and for Monetary Sanctions Against Nicole Russell and Defendant Jointly and Severally filed by plaintiffs Biozeal, LLC, Murray Colin Clarke. Motion set for hearing on 8/23/2023 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: #1 Redacted Document Joint Stipulation re De-Designation, #2 Declaration of Seth Gold, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11 - Slip sheet only, #14 Exhibit 12 - Slip sheet only, #15 Exhibit 13, #16 Exhibit 14 - slip sheet only, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Declaration of Murray Clarke, #31 Declaration of Sarah Brooks, #32 Exhibit 1, #33 Exhibit 2, #34 Exhibit 3 - Slip sheet only, #35 Exhibit 4 - Slip sheet only, #36 Exhibit 5 - Slip sheet only, #37 Proposed Order)(Rahmanpour, Roya) |
| Filing 150 EX PARTE APPLICATION to AMEND Scheduling Order,, Set/Reset Deadlines/Hearings, #86 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Proposed Order Granting Plaintiffs' Ex Parte Application to Amend the Scheduling Order, #2 Declaration of Seth Gold In Support of Plaintiffs' Ex Parte Application to Amend the Scheduling Order, #3 Declaration of Diana M. Torres In Support of Plaintiffs' Ex Parte Application to Amend the Scheduling Order, #4 Exhibit A (Attached to Declaration of Diana M. Torres, #5 Exhibit B (Attached to Declaration of Diana M. Torres)) (Torres, Diana) |
| Filing 149 CERTIFICATE OF SERVICE filed by plaintiffs Biozeal, LLC, Murray Colin Clarke, re Sealed Document,, #148 served on July 28, 2023. (Rahmanpour, Roya) |
| Filing 148 SEALED DOCUMENT re MOTION for Sanctions AGAINST DEFENDANT TNSG HEALTH CO., LTD. FOR FAILURE TO COMPLY WITH THE COURTS DECEMBER 14, 2022 ORDER #137 , APPLICATION to file document IN CONNECTION WITH PLAINTIFFS MOTION FOR EVIDENTIARY AND MONETARY SANCTIONS AGAINST DEFENDANT TNSG HEALTH CO., LTD. FOR FAILURE TO COMPLY WITH THE COURTS DECEMBER 14, 2022 ORDER under seal #138 , Order on Motion for Leave to File Document Under Seal #147 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Exhibit 36, #2 Exhibit 37)(Rahmanpour, Roya) |
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Filing 147
ORDER by Magistrate Judge Rozella A. Oliver: granting #138 APPLICATION to Seal Document. Plaintiffs are permitted to file under seal the following documents: Exhibit 36 and Exhibit 37 (See Dkt 139-1, 139-2). (dml)
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| Filing 146 REPLY Support MOTION for Sanctions AGAINST DEFENDANT TNSG HEALTH CO., LTD. FOR FAILURE TO COMPLY WITH THE COURTS DECEMBER 14, 2022 ORDER #137 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Exhibit 1 Supp Song Declaration, #3 Exhibit 2 Defs Motion for Protective Order, #4 Exhibit 3 Minute Order, #5 Exhibit 4 Order re Depositions, #6 Exhibit 5 Email re Clarke et al v TNSG Health Macau Costs, #7 Exhibit 6 Amended Notices of Depo for July 24 through Aug 1, #8 Exhibit 7 email from defendants counsel)(Gold, Seth) |
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Filing 145
CIVIL STANDING ORDER by Judge Hernan D. Vera. (cbr)
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| Filing 144 OPPOSITION to MOTION for Sanctions AGAINST DEFENDANT TNSG HEALTH CO., LTD. FOR FAILURE TO COMPLY WITH THE COURTS DECEMBER 14, 2022 ORDER #137 filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration Sarah S. Brooks, #2 Exhibit A-I)(Brooks, Sarah) |
| Filing 143 STATEMENT of Response to APPLICATION to file document IN CONNECTION WITH PLAINTIFFS MOTION FOR EVIDENTIARY AND MONETARY SANCTIONS AGAINST DEFENDANT TNSG HEALTH CO., LTD. FOR FAILURE TO COMPLY WITH THE COURTS DECEMBER 14, 2022 ORDER under seal #138 filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration Sarah S. Brooks)(Brooks, Sarah) |
| Filing 142 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Hernan D. Vera. The Court sets the MOTION FOR RECONSIDERATION #141 for hearing on 10/12/2023 at 10:00 AM before Judge Hernan D. Vera. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 141 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Withdraw as Attorney #136 filed by Defendant and Counterclaimant TNSG Health Co., Ltd. (Attachments: #1 Declaration Sarah S. Brooks, #2 Proposed Order) (Brooks, Sarah) |
| Filing 140 CERTIFICATE OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke re: Sealed Declaration in SupportDeclaration, #139 (Rahmanpour, Roya) |
| Filing 139 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document IN CONNECTION WITH PLAINTIFFS MOTION FOR EVIDENTIARY AND MONETARY SANCTIONS AGAINST DEFENDANT TNSG HEALTH CO., LTD. FOR FAILURE TO COMPLY WITH THE COURTS DECEMBER 14, 2022 ORDER under seal #138 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Exhibit 36, #2 Exhibit 37)(Rahmanpour, Roya) |
| Filing 138 APPLICATION to file document IN CONNECTION WITH PLAINTIFFS MOTION FOR EVIDENTIARY AND MONETARY SANCTIONS AGAINST DEFENDANT TNSG HEALTH CO., LTD. FOR FAILURE TO COMPLY WITH THE COURTS DECEMBER 14, 2022 ORDER under seal filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Roya Rahmanpour, #2 Proposed Order)(Rahmanpour, Roya) |
| Filing 137 NOTICE OF MOTION AND MOTION for Sanctions AGAINST DEFENDANT TNSG HEALTH CO., LTD. FOR FAILURE TO COMPLY WITH THE COURTS DECEMBER 14, 2022 ORDER filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. Motion set for hearing on 8/9/2023 at 10:00 AM before Magistrate Judge Rozella A. Oliver. (Attachments: #1 Declaration of Roya Rahmanpour, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Declaration of Seth Gold, #53 Exhibit 1, #54 Exhibit 2, #55 Proposed Order)(Rahmanpour, Roya) |
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Filing 136
MINUTES (IN CHAMBERS) ORDER RE: EX PARTE APPLICATION TO WITHDRAW AS ATTORNEY #133 by Judge Hernan D. Vera. Venable LLP's Application is denied for the reasons stated in this Order. *See order for ruling.* (vdr)
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| Filing 135 Opposition Opposition re: EX PARTE APPLICATION of Sarah S. Brooks and Sharoni S. Finkelstein to Withdraw as Attorney #133 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration Seth Gold In Support Of Opposition, #2 Exhibit 1-11 In Support of Decl. of Seth Gold)(Gold, Seth) |
| Filing 134 JOINT CASE MANAGEMENT STATEMENT filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke JOINT CASE MANAGEMENT STATEMENT PURSUANT TO COURT'S REASSIGNMENT ORDER (DKT. 126) re: Order #126 (Torres, Diana) |
| Filing 133 EX PARTE APPLICATION of Sarah S. Brooks and Sharoni S. Finkelstein to Withdraw as Attorney filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration Sarah S. Brooks with Exhibits 1-2, #2 Proposed Order) (Brooks, Sarah) |
| Filing 132 TEXT ONLY ENTRY (In Chambers) by Judge Hernan D. Vera : Please be advised that Plaintiff's motion for Leave to File First Amended Complaint #129 is continued to 10/12/23 at 10:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 131 SEALED DOCUMENT DECLARATION OF DIANA TORRES IN SUPPORT OF PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT WITH SEALED EXHIBITS B AND N ATTACHED THERETO re NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening), #1 #129 , Sealed Declaration in SupportDeclaration,, #128 , Order on Motion for Leave to File Document Under Seal,,, #130 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Exhibit B - Attached to Declaration of Diana Torres In Support of Plaintiffs' Motion to Amend Complaint, #2 Exhibit N - Attached to Declaration of Diana Torres In Support of Plaintiffs' Motion to Amend Complaint)(Torres, Diana) |
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Filing 130
ORDER GRANTING PLAINTIFFS' APPLICATION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL PURSUANT TO LOCAL RULE 79-5.2.2(B) #127 by Judge Hernan D. Vera. The Court hereby ORDERS that the following shall be filed under seal: 1. Portions of the Declaration of Diana M. Torres in Support of Plaintiffs' Motion For Leave to File First Amended Complaint (the "Torres Declaration") that quote from or reveal the contents of documents marked as "Confidential" by Defendant; 2. Portions of Exhibit B attached to the Torres Declaration, as those portions of the Deposition of Nicole Russell were marked as "Confidential" by Defendant pursuant to the Protective Order (Dkt. 91); and3. The entirety of Exhibit N attached to the Torres Declaration, as it was marked as "Highly Confidential - Attorneys' Eyes Only" by Defendant pursuant to the Protective Order (Dkt. 91). (lom)
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| Filing 129 NOTICE OF MOTION AND MOTION to AMEND Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. Motion set for hearing on 10/6/2023 at 01:30 PM before Judge Hernan D. Vera. (Attachments: #1 Proposed First Amended Complaint (with Exhibits A through L), #2 Proposed First Amended Complaint - Redlined Version, #3 Redacted Document REDACTED Declaration of Diana Torres In Support of Motion for Leave to File First Amended Complaint (with Exhibits A-U), #4 Proposed Order Granting Plaintiffs' Motion for Leave to File First Amended Complaint, #5 Certificate of Service of Documents Filed Conditionally Under Seal) (Torres, Diana) |
| Filing 128 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration of Diana M. Torres In Support of Plaintiffs' Motion For Leave to File First Amended Complaint and Exhibits B and N under seal #127 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Diana Torres In Support of Plaintiffs' Motion for Leave to File First Amended Complaint, #2 Exhibit B attached to Declaration of Diana Torres In Support of Plaintiffs Motion for Leave to File First Amended Complaint, #3 Exhibit N attached to Declaration of Diana Torres In Support of Plaintiffs' Motion for Leave to File First Amended Complaint)(Torres, Diana) |
| Filing 127 APPLICATION to file document Declaration of Diana M. Torres In Support of Plaintiffs' Motion For Leave to File First Amended Complaint and Exhibits B and N under seal filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Proposed Order Granting Plaintiffs' Application For Leave to File Documents Under Seal)(Torres, Diana) |
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Filing 126
REASSIGNMENT ORDER by Judge Hernan D. Vera: Please refer to Order for complete details. (cbr)
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Filing 125
ORDER OF THE CHIEF JUDGE (#OCJ 23-062) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Hernan D. Vera, this case is transferred from Judge Fernando L. Aenlle-Rocha to the calendar of Hernan D. Vera for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-03463 HDV(RAOx). (rn)
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| Filing 124 Notice of Appearance or Withdrawal of Counsel: for attorney Jiaxiao Zhang counsel for Plaintiffs Biozeal, LLC, Murray Colin Clarke. Adding Jiaxiao Zhang as counsel of record for Plaintiffs Murray Colin Clarke and BIOZEAL, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiffs Murray Colin Clarke and BIOZEAL, LLC. (Attorney Jiaxiao Zhang added to party Biozeal, LLC(pty:pla), Attorney Jiaxiao Zhang added to party Murray Colin Clarke(pty:pla))(Zhang, Jiaxiao) |
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Filing 123
ORDER by Magistrate Judge Rozella A. Oliver, GRANTING Stipulation to Compel Deposition, #122 . See Order for complete details. (dml)
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| Filing 122 STIPULATION to Compel Deposition of Liqin Song, Zhijuan Guo, and Qidong Lu STIPULATION REGARDING DEPOSITION OF DEFENDANT'S WITNESSES filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Proposed Order Granting Stipulation Regarding Deposition of Defendant's Witnesses)(Torres, Diana) |
| Filing 121 SCHEDULING NOTICE by Magistrate Judge Rozella A. Oliver. The Court finds the MOTION to Compel Further Responses #117 appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the motion hearing set for 5/9/2023 at 10:00 AM has been vacated and the motion is taken under submission. If the Court deems a hearing is necessary, we will reach out to the parties to schedule.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dml) TEXT ONLY ENTRY |
| Filing 120 SUPPLEMENT to MOTION to Compel Further Responses to Defendant's Requests for Production of Documents (Set One), Interrogatories (Set One), and Requests for Admission (Set One) #117 filed by Counter Claimant TNSG Health Co., Ltd, Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration Sharoni S. Finkelstein, #2 Exhibit 1-3 to Finkelstein Declaration)(Brooks, Sarah) |
| Filing 119 SUPPLEMENT to MOTION to Compel Further Responses to Defendant's Requests for Production of Documents (Set One), Interrogatories (Set One), and Requests for Admission (Set One) #117 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, Counter Defendants Biozeal, LLC, Murray Colin Clarke. (Gold, Seth) |
| Filing 118 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for random reassignment. This case has been reassigned to Magistrate Judge Rozella A. Oliver for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:21-cv-03463-FLA-RAOx. (vp) |
| Filing 117 NOTICE OF MOTION AND MOTION to Compel Further Responses to Defendant's Requests for Production of Documents (Set One), Interrogatories (Set One), and Requests for Admission (Set One) filed by Defendant and Counterclaimant TNSG Health Co., Ltd. Motion set for hearing on 5/9/2023 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Joint Stipulation, #2 Declaration Sharoni S. Finkelstein ISO Mtn to Compel, #3 Exhibit Finkelstein Exhibits A-P ISO Mtn to Compel, #4 Declaration Roya Rahmanpour ISO Opposition to Mtn to Compel, #5 Exhibit Rahmanpour Exhibits 1-17 ISO Opposition to Mtn to Compel, #6 Declaration Murray Clarke ISO Opposition to Mtn to Compel with Ex A, #7 Declaration Cheung Ghing Kwok Kenny ISO Opposition to Mtn to Compel, #8 Proposed Order)(Brooks, Sarah) |
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Filing 116
MINUTE ORDER (IN CHAMBERS) ORDER RE DEFENDANT'S RESPONSE TO PLAINTIFFS' NOTICE (DKT. NO. 114) REGARDING CHINESE TRAVEL RESTRICTIONS (Dkts. 94, 109, 112, 114, 115) by Magistrate Judge John E. McDermott: Thus, the Court ORDERS that the depositions will occur remotely in Macao unless Plaintiffs wish to appear in person. The parties shall meet and confer within the next 5 days on dates and times for the depositions. The Court reminds the parties of their duty under Rule 37-1 to confer to reduce or eliminate issues in dispute. (see document for further details) (bm)
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| Filing 115 RESPONSE filed by Counter Claimant TNSG Health Co., Ltd, Defendant TNSG Health Co., Ltdto Notice (Other) #114 (Brooks, Sarah) |
| Filing 114 Notice OF ELIMINATION OF CHINESE TRAVEL RESTRICTIONS REGARDING DEFENDANTS MOTION FOR PROTECTIVE ORDER (DKT. NO. 94) REGARDING DEFENDANTS WITNESSES FROM CHINA filed by Plaintiffs Biozeal, LLC. (Gold, Seth) |
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Filing 113
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS (SET ONE), INTERROGATORIES (SET ONE), AND REQUESTS FOR ADMISSION (SET ONE), AND PLAINTIFFS REQUEST FOR ATTORNEYS' FEES (Dkt. #95 ) by Magistrate Judge John E. McDermott: The Court DENIES Plaintiffs' Request for Attorneys Fees because Plaintiffs did not prevail on all issues, and Defendants positions were substantially justified. [See order for details] (et)
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| Filing 112 STATUS REPORT (Joint) filed by Third Party Defendants Peilin Guo, Nicole Russell, Counter Claimant TNSG Health Co., Ltd, Defendant TNSG Health Co., Ltd. (Brooks, Sarah) |
| Filing 111 Text Only Entry re Notice of Manual Filing (G-92), #96 , Text Only Notice of Non-Paper Exhibits received. USB Drive was returned and attorney messenger picked up the drive. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| Filing 110 FOR COURT USE ONLY: STATISTICAL CORRECTION Granting #94 Motion for Protective Order re Minutes In Chambers Order #109 (es) |
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Filing 109
MINUTE ORDER (IN CHAMBERS) ORDER RE MOTION FOR PROTECTIVE ORDER FOR REMOTE DEPOSITIONS OF THIRD PARTIES AND DEFENDANT'S WITNESSES (Dkt. #94 ) by Magistrate Judge John E. McDermott: The parties shall file a Joint Status Report on the Russell and Guo depositions on or before December 13, 2022. [See document for details.] (es)
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| Filing 108 SCHEDULING NOTICE TEXT ONLY ENTRY (In Chambers) by Magistrate Judge John E. McDermott re: Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Requests for Production of Documents (Set One), Interrogatories (Set One), and Requests for Admission (Set One) (ECF No. 95). Hearing set for December 6, 2022, at 10:00 a.m. is hereby off calendar. A ruling will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY |
| Filing 107 RESPONSE filed by Third Party Defendants Peilin Guo, Nicole Russell, Counter Claimant TNSG Health Co., Ltd, Defendant TNSG Health Co., Ltdto MEMORANDUM in Opposition to Motion,,, #98 Evidentiary Objections 98-16 (Brooks, Sarah) |
| Filing 106 REPLY In Support Of MOTION for Protective Order for Remote Depositions of Third Parties and Defendant's Witnesses #94 filed by Third Party Defendants Peilin Guo, Nicole Russell, Counter Claimant TNSG Health Co., Ltd, Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration Sarah S. Brooks with Exhibit 1)(Brooks, Sarah) |
| Filing 105 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, re Sealed Document,, #104 served on November 23, 2022. (Boustani, Jonathan) |
| Filing 104 SEALED DOCUMENT (1. Declaration of Andrew Tun in Support of Plaintiffs Opposition to Defendants Motion for Protective Order; 2. Declaration of Diana Torres in Support of Plaintiffs Opposition to Defendants Motion for Protective Order ) re MEMORANDUM in Opposition to Motion,,, #98 , Order on Motion for Leave to File Document Under Seal,,,,, #102 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Unredacted Document Declaration of Diana Torres, #2 Exhibit A to Torres Declaration)(Boustani, Jonathan) |
| Filing 103 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, re Corrected APPLICATION to file document (Portions of the Declarations of Andrew Tun and Diana Torres) under seal #100 , Sealed Declaration in SupportDeclaration, #101 served on November 22, 2022. (Boustani, Jonathan) |
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Filing 102
ORDER GRANTING PLAINTIFFS' APPLICATION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF THE DECLARATIONS OF ANDREW TUN AND DIANA TORRES IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR PROTECTIVE ORDER [L.R. 79-5.2.2(a)] by Magistrate Judge John E. McDermott: Granting #99 APPLICATION to Seal Document. Re: APPLICATION to file document (Portions of the Declarations of Andrew Tun and Diana Torres) under seal #99 , Corrected APPLICATION to file document (Portions of the Declarations of Andrew Tun and Diana Torres) under seal #100 . [See Order for details] (et)
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| Filing 101 SEALED DECLARATION IN SUPPORT OF Corrected APPLICATION to file document (Portions of the Declarations of Andrew Tun and Diana Torres) under seal #100 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Unredacted Document Declaration of Andrew Tun, #2 Unredacted Document Declaration of Diana Torres, #3 Exhibit A to Torres Declaration)(Boustani, Jonathan) |
| Filing 100 Corrected APPLICATION to file document (Portions of the Declarations of Andrew Tun and Diana Torres) under seal filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Proposed Order, #2 Declaration of Andrew Tun, #3 Declaration of Diana Torres, #4 Exhibit A to Torres Declaration)(Boustani, Jonathan) |
| Filing 99 APPLICATION to file document (Portions of the Declarations of Andrew Tun and Diana Torres) under seal filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Proposed Order, #2 Redacted Document Declaration of Andrew Tun, #3 Redacted Document Declaration of Diana Torres)(Boustani, Jonathan) |
| Filing 98 MEMORANDUM in Opposition to MOTION for Protective Order for Remote Depositions of Third Parties and Defendant's Witnesses #94 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Exhibit A to Gold Declaration, #3 Exhibit B to Gold Declaration, #4 Exhibit C to Gold Declaration, #5 Exhibit D to Gold Declaration, #6 Exhibit E to Gold Declaration, #7 Exhibit F to Gold Declaration, #8 Exhibit G to Gold Declaration, #9 Exhibit H to Gold Declaration, #10 Exhibit I to Gold Declaration, #11 Exhibit J to Gold Declaration, #12 Exhibit K to Gold Declaration, #13 Exhibit L to Gold Declaration, #14 Exhibit M to Gold Declaration, #15 Exhibit N to Gold Declaration, #16 Objections to Declaration of Sarah H. Brooks, #17 Proposed Order)(Gold, Seth) |
| Filing 97 MEMORANDUM in Support of MOTION to Compel Further Responses to Plaintiffs' Requests for Production of Documents Set 1, Interrogatories Set 1 and Requests for Admission Set 1 #95 (Supplemental Memorandum) filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Exhibit A to Gold Declaration)(Gold, Seth) |
| Filing 96 NOTICE of Manual Filing filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke of USB THUMB DRIVE CONTAINING VIDEO IDENTIFIED AS EXHIBIT A TO DECLARATION OF ANDREW TUN IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR PROTECTIVE ORDER. (Boustani, Jonathan) |
| Filing 95 NOTICE OF MOTION AND MOTION to Compel Further Responses to Plaintiffs' Requests for Production of Documents Set 1, Interrogatories Set 1 and Requests for Admission Set 1 filed by plaintiffs Biozeal, LLC, Murray Colin Clarke. Motion set for hearing on 12/6/2022 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Joint Stipulation re Discovery, #2 Declaration of Roya Rahmanpour, #3 Exhibit A - Plaintiffs' RFP Set 1, #4 Exhibit B - Clark's Rogs Set 1, #5 Exhibit C - Clark's RFA Set 1, #6 Exhibit D - TNSG Response to Plaintiffs' RFP Set 1, #7 Exhibit E - TNSG Response to Clarke Rogs Set 1, #8 Exhibit F - TNSG Response to Clarke RFA Set 1, #9 Exhibit G - Plaintiffs' July 22, 2022 Meet and Confer, #10 Exhibit H - Plaintiff's July 28, 2022 email, #11 Exhibit I - TNSG September 9, 2022 Supplemental Response to RFP Set 1, #12 Exhibit J - TNSG September 16, 2022 Supplemental Response to RFP, #13 Exhibit K - Song Dec Dkt. No. 27-2, #14 Exhibit L - TNGS Opp to Motion for PI Dkt, #15 Exhibit M - Song Dec Dkt. No. 56-2, #16 Exhibit N - Kenny Dec Dkt. No. 58-1, #17 Exhibit O - July 11, 2022 hearing transcript, #18 Exhibit P - Court's Order Dkt. No. 75, #19 Exhibit Q - Song Dec. re Australian Trademark Application, #20 Exhibit R - USPTO Trademark Registrations Status Summaries, #21 Exhibit S - Scheduling Order Dkt. No. 86, #22 Exhibit T - Notice of Lodging Dkt. No. 57, #23 Exhibit U - Complaint Dkt. No. 1, #24 Proposed Order)(Rahmanpour, Roya) |
| Filing 94 NOTICE OF MOTION AND MOTION for Protective Order for Remote Depositions of Third Parties and Defendant's Witnesses filed by Defendant / Counterclaimant and Third-Parties TNSG Health Co., Ltd, Nicole Russell, Peilin Guo. Motion set for hearing on 12/13/2022 at 10:00 AM before Magistrate Judge John E. McDermott. (Attachments: #1 Declaration Sarah S. Brooks, #2 Exhibit 1-15, #3 Proposed Order)(Attorney Sarah S. Brooks added to party Nicole Russell(pty:3pd), Attorney Sarah S. Brooks added to party Peilin Guo(pty:3pd))(Brooks, Sarah) |
| Filing 93 ANSWER to Counterclaim -- Plaintiffs' Answer to Defendant TNSG Health Co., Ltd.'s Counterclaim filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke.(Boustani, Jonathan) |
| Filing 92 NOTICE to counsel re lodged Exhibit(s) (Bottle(s) of children's nutritional supplement), see Notice of Lodging (Dkt. #57 ). Counsel is hereby notified that the Exhibit(s) will be held until October 14, 2022, to allow the submitting party to retrieve the items. The Court would appreciate counsel retrieving the items at the earliest possible date. If the items are not retrieved, the Courtroom Deputy will dispose of them. Arrangements for pick up should be made, via email, with the Courtroom Deputy. FLA_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY |
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Filing 91
ORDER APPROVING STIPULATED PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order #90 . See Order for details. (es)
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| COUNTERCLAIM against COUNTER DEFENDANTS Biozeal, LLC, Murray Colin Clarke; Jury Demand filed by COUNTERCLAIMANT TNSG Health Co., Ltd. (FILED AS ONE PDF DOCUMENT WITH AMENDED ANSWER REFER TO DOCKET NO. 89) (lc) |
| Filing 90 Joint STIPULATION for Protective Order filed by plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Proposed Order)(Rahmanpour, Roya) |
| Filing 89 AMENDED ANSWER (First) and WITH COUNTERCLAIMS to Complaint (Attorney Civil Case Opening), #1 filed by Defendant TNSG Health Co., Ltd. (Brooks, Sarah) |
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Filing 88
ORDER GRANTING JOINT STIPULATION REQUESTING LEAVE FOR DEFENDANT TNSG HEALTH CO., LTD TO FILE AMENDED ANSWER AND COUNTERCLAIM WITHIN SEVEN (7) DAYS OF THIS ORDER #87 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 87 Joint STIPULATION to Amend Answer to Complaint (Attorney Civil Case Opening) #39 filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Proposed Order)(Brooks, Sarah) |
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Filing 86
ORDER RE: SCHEDULE OF PRETRIAL AND TRIAL DATES, TRIAL REQUIREMENTS, ANDCONDUCT OF ATTORNEYS AND PARTIES by Judge Fernando L. Aenlle-Rocha; Final Pretrial Conference set for 1/26/2024 01:00 PM; Jury Trial set for 2/20/2024 08:30 AM ; Motion in Limine set for hearing on 1/26/2024 at 01:00 PM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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Filing 85
ORDER/REFERRAL to ADR Procedure No 3 by Judge Fernando L. Aenlle-Rocha. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 12/6/2023. (hc)
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| Filing 84 (IN CHAMBERS) ORDER by Fernando L. Aenlle-Rocha: The court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the court VACATES the September 9, 2022, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY |
| Filing 83 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Report #82 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joint Report Rule 26(f) Discovery Plan. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 82 JOINT RULE 26(f) REPORT filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Exhibit Case Schedule Worksheet)(Rahmanpour, Roya) |
| Filing 81 MINUTES (IN CHAMBERS) by Judge Fernando L. Aenlle-Rocha: ORDER GRANTING DEFENDANTS REQUESTS FOR WITHDRAWAL OF COUNSEL #78 , #79 . Having considered the Requests and finding good cause therefor, the court GRANTS the Requests and ALLOWS attorney Kevin R. Lussier of Cruser Mitchell Novitz Sanchez Gaston & ZIMET LLP and attorneys Laura E. Popp-Rosenberg and Barbara A. Solomon of Fross Zelnick Lehrman & Zissu, P.C. to withdraw as counsel of record for Defendant. The clerk is hereby ordered to terminate Notices of Electronic Filing for the withdrawing attorneys. Defendant will remain represented by Sarah S. Brooks and Sharoni S. Finkelstein of Venable LLP. (lc) |
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Filing 80
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 9/9/2022 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (tf)
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| Filing 79 REQUEST TO WITHDRAW ATTORNEY Laura E. Popp-Rosenberg and Barbara A. Solomon as counsel of record filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Proposed Order on Request for Approval of Substitution or Withdrawal of Attorney) (Lussier, Kevin) |
| Filing 78 REQUEST TO WITHDRAW ATTORNEY Kevin R. Lussier as counsel of record filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Proposed Order on Request for Approval of Substitution or Withdrawal of Attorney) (Lussier, Kevin) |
| Filing 77 Notice of Appearance or Withdrawal of Counsel: for attorney Sharoni Finkelstein counsel for Defendant TNSG Health Co., Ltd. Adding Sharoni S. Finkelstein as counsel of record for TNSG Health Co., Ltd. for the reason indicated in the G-123 Notice. Filed by Defendant TNSG Health Co., Ltd.. (Attorney Sharoni Finkelstein added to party TNSG Health Co., Ltd(pty:dft))(Finkelstein, Sharoni) |
| Filing 76 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah S. Brooks counsel for Defendant TNSG Health Co., Ltd. Adding Sarah S. Brooks as counsel of record for TNSG Health Co., Ltd. for the reason indicated in the G-123 Notice. Filed by Defendant TNSG Health Co., Ltd.. (Attorney Sarah S. Brooks added to party TNSG Health Co., Ltd(pty:dft))(Brooks, Sarah) |
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Filing 75
ORDER GRANTING PLAINTIFFS'MOTION FOR PRELIMINARY INJUNCTION #54 by Judge Fernando L. Aenlle-Rocha: The court GRANTS the Motion and preliminarily ENJOINS Defendant TNSG Health and its owners, parent companies re the CHILDLIFE Mark, or the CHILDLIFE ESSENTIALS Mark (SEE DOCUMENTS RE SPECIFICS RE THEREOF). The court exercises its discretion to EXCUSE Plaintiffs from posting an injunction bond. (lc)
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| Filing 74 NOTICE OF FILING TRANSCRIPT filed for proceedings 07/11/22 9:05 am re Transcript #73 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Thibodeaux, Elizabeth) TEXT ONLY ENTRY |
| Filing 73 TRANSCRIPT for proceedings held on 07/11/22 9:05 am. Court Reporter/Electronic Court Recorder: Katie Thibodeaux, CSR, RPR, CRR, phone number ktbdx@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/8/2022. Redacted Transcript Deadline set for 8/18/2022. Release of Transcript Restriction set for 10/17/2022. (Thibodeaux, Elizabeth) |
| Filing 72 RESPONSE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarketo Request for Judicial Notice #71 PLAINTIFFS MURRAY COLIN CLARKES AND BIOZEAL, LLCS RESPONSE TO DEFENDANT TNSG HEALTH CO., LTD.S REQUEST FOR JUDICIAL NOTICE RE: PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION (Gold, Seth) |
| Filing 71 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark counterfeiting, trademark infringement, and other claims. #54 filed by Defendant TNSG Health Co., Ltd. (Lussier, Kevin) |
| Filing 70 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark counterfeiting, trademark infringement, and other claims. #54 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Gold, Seth) |
| Filing 69 MINUTES OF Motion Hearing held before Judge Fernando L. Aenlle-Rocha: RE PLAINTIFFS' MURRAY COLIN CLARKE'S AND BIOZEAL, LLC'S MOTION FOR PRELIMINARY INJUNCTION RE TRADEMARK COUNTERFEITING, TRADEMARK INFRINGEMENT, AND OTHER CLAIMS #54 . The court hears argument. Following discussions with counsel, the motion is taken under submission and a written order will issue. Court Reporter: Katie Thibodeaux. (lc) |
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Filing 68
(IN CHAMBERS) ORDER RESETTING PLAINTIFFS' MURRAY COLIN CLARK AND BIOZEAL, LLC'S MOTION FOR PRELIMINARY INJUNCTION RE: TRADEMARK COUNTERFEITING, TRADEMARK INFRINGEMENT, AND OTHER CLAIMS (DKT. #54 ) HEARING TIME by Judge Fernando L. Aenlle-Rocha: The TIME for the Motion for Preliminary Injunction is ADVANCED from 1:30 p.m. to 9:00 a.m. on July 11, 2022. This hearing will be in-person.IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 67
ORDER GRANTING DEFENDANT'S EX PARTE APPLICATION #65 FOR CONTINUANCE OF PRELIMINARY INJUNCTION HEARING TO JULY 11, 2022 1:30 PM #54 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 66 MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue Preliminary Injunction Hearing from July 1, 2022 to July 29, 2022 Re: Text Only Scheduling Notice, 64 #65 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Exhibit A to Gold Declaration, #3 Exhibit B to Gold Declaration, #4 Exhibit C to Gold Declaration, #5 Exhibit D to Gold Declaration)(Gold, Seth) |
| Filing 65 EX PARTE APPLICATION to Continue Preliminary Injunction Hearing from July 1, 2022 to July 29, 2022 Re: Text Only Scheduling Notice, 64 filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration of Laura Popp-Rosenberg in Support of Defendant's Ex Parte Application for Continuance of Preliminary Injunction Hearing Date, #2 Proposed Order Granting Defendant's Ex Parte Application for Continuance of Preliminary Injunction Hearing) (Lussier, Kevin) |
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Filing 64
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: On the court's own motion Plaintiff Murray Colin Clarke and Biozeal, LLC's Motion for Preliminary Injunction re Trademark Counterfeiting, Trademark Infringement, and other Claims (Dkt. #54 ) is rescheduled for July 1, 2022, at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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Filing 63
ORDER DENYING DEFENDANT'S EX PARTE APPLICATION SEEKING LEAVE TO FILE A SUR-REPLY IN OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION #60 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 62 MEMORANDUM in Opposition to EX PARTE APPLICATION for Leave to file Sur-Reply in Opposition to Plaintiffs' Motion for Preliminary Injunction #60 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold, #2 Exhibit A to Gold Declaration)(Gold, Seth) |
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Filing 61
TEXT ENTRY (IN CHAMBERS) ORDER TAKING PLAINTIFFS' MURRAY COLIN CLARKE AND BIOZEAL, LLC'S MOTION FOR PRELIMINARY INJUNCTION RE TRADEMARK COUNTERFEITING, TRADEMARK INFRINGEMENT, AND OTHER CLAIMS (DKT. #54 ) UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The court finds that the Motion for Preliminary Injunction currently scheduled for hearing on June 17, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. The court expects the parties to continue litigating this action diligently, while awaiting the court's ruling on this motion. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 60 EX PARTE APPLICATION for Leave to file Sur-Reply in Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration of Laura Popp-Rosenberg in Support of Defendant's Ex Parte Application for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Preliminary Injunction, #2 Proposed Order Granting Defendant's Ex Parte Application Seeking Leave to File a Sur-Reply in Opposition to Plaintiffs' Motion for Preliminary Injunction) (Lussier, Kevin) |
| Filing 59 REQUEST FOR JUDICIAL NOTICE (Reply) Notice in Support of Motion for Preliminary Injunction filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Exhibit A to Reply Request for Judicial Notice, #2 Exhibit B to Reply Request for Judicial Notice, #3 Exhibit C to Reply Request for Judicial Notice, #4 Exhibit D to Reply Request for Judicial Notice, #5 Exhibit E to Reply Request for Judicial Notice, #6 Exhibit F to Reply Request for Judicial Notice, #7 Exhibit G to Reply Request for Judicial Notice, #8 Exhibit H to Reply Request for Judicial Notice, #9 Exhibit I to Reply Request for Judicial Notice, #10 Exhibit J to Reply Request for Judicial Notice, #11 Exhibit K to Reply Request for Judicial Notice, #12 Exhibit L to Reply Request for Judicial Notice, #13 Exhibit M to Reply Request for Judicial Notice, #14 Exhibit N to Reply Request for Judicial Notice, #15 Exhibit O to Reply Request for Judicial Notice, #16 Exhibit P to Reply Request for Judicial Notice, #17 Exhibit Q to Reply Request for Judicial Notice, #18 Exhibit R to Reply Request for Judicial Notice, #19 Exhibit S to Reply Request for Judicial Notice, #20 Exhibit T to Reply Request for Judicial Notice, #21 Exhibit U to Reply Request for Judicial Notice)(Gold, Seth) |
| Filing 58 REPLY in Support of Motion for Preliminary Injunction filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Cheung Ghing Kwok Kenny, #2 Exhibit A to Kenny Declaration, #3 Exhibit B to Kenny Declaration, #4 Exhibit C to Kenny Declaration, #5 Exhibit D to Kenny Declaration, #6 Declaration of Zhen Zhou, #7 Exhibit A to Zhou Declaration, #8 Declaration of Seth Gold, #9 Declaration of Fei-Xue Qian)(Gold, Seth) |
| Filing 57 NOTICE of Manual Filing filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke of One bottle of inne Children's Nutritional Supplement, Particularly Liquid Calcium with Magnesium; One bottle of ChildLife Children's Nutritional Supplement, Particularly Liquid Calcium with Magnesium. (Gold, Seth) |
| Filing 56 Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for a Preliminary Injunction Opposition re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re infringing and counterfeiting registered trademarks #11 filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration Declaration of Laura Popp-Rosenberg in support of Defendant TNSG Health Co., Ltd.'s Brief in Opposition to Motion for Preliminary Injunction, #2 Declaration Declaration of Liqin Song in support of Defendant TNSG Health Co., Ltd.'s Brief in Opposition to Motion for Preliminary Injunction)(Lussier, Kevin) |
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Filing 55
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: In light of Plaintiffs' refiled Motion for Preliminary Injunction, (Dkt. #54 ), Plaintiffs' Motion filed May 18, 2021, (Dkt. #11 ), is DENIED as moot. The refiled version of the Motion, (Dkt. #54 ), is the operative Motion. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 54 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark counterfeiting, trademark infringement, and other claims. filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. Motion set for hearing on 6/17/2022 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration of Seth Gold, #2 Declaration of Murray Colin Clarke, #3 Exhibit A to Clarke Declaration, #4 Exhibit B to Clarke Declaration, #5 Exhibit C to Clarke Declaration, #6 Exhibit D to Clarke Declaration, #7 Exhibit E to Clarke Declaration, #8 Exhibit F to Clarke Declaration, #9 Exhibit G to Clarke Declaration, #10 Request for Judicial Notice, #11 Exhibit A to Request for Judicial Notice, #12 Exhibit B to Request for Judicial Notice, #13 Exhibit C to Request for Judicial Notice, #14 Exhibit D to Request for Judicial Notice, #15 Exhibit E to Request for Judicial Notice, #16 Exhibit F to Request for Judicial Notice, #17 Exhibit G to Request for Judicial Notice, #18 Exhibit H to Request for Judicial Notice, #19 Exhibit I to Request for Judicial Notice, #20 Exhibit J to Request for Judicial Notice, #21 Exhibit K to Request for Judicial Notice, #22 Exhibit L to Request for Judicial Notice, #23 Exhibit M to Request for Judicial Notice, #24 Proposed Order) (Gold, Seth) |
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Filing 53
ORDER GRANTING APPLICATION of Non-Resident Attorney Barbara A. Solomon to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co., Ltd. designating Kevin R. Lussier as local counsel #50 by Judge Fernando L. Aenlle-Rocha. (lc)
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Filing 52
ORDER GRANTING APPLICATION of Non-Resident Attorney Laura E. Popp-Rosenberg to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co. and designating Kevin R. Lussier as local counsel #49 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 51 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Barbara A. Solomon to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co., Ltd (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33153930) #47 , APPLICATION of Non-Resident Attorney Laura E. Popp-Rosenberg to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co., Ltd (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33153736) #46 by Judge Fernando L. Aenlle-Rocha. The documents are stricken. (lc) |
| Filing 50 Corrected APPLICATION of Non-Resident Attorney Barbara A. Solomon to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co., Ltd (Pro Hac Vice Fee - $500 Previously Paid on 4/19/2022, Receipt No. 33153930) filed by defendant TNSG Health Co., Ltd. (Attachments: #1 Proposed Order) (Lussier, Kevin) |
| Filing 49 Corrected APPLICATION of Non-Resident Attorney Laura E. Popp-Rosenberg to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co., Ltd (Pro Hac Vice Fee - $500 Previously Paid on 4/19/2022, Receipt No. 33153736) filed by defendant TNSG Health Co., Ltd. (Attachments: #1 Proposed Order) (Lussier, Kevin) |
| Filing 48 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Barbara A. Solomon to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co., Ltd (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33153930) #47 , APPLICATION of Non-Resident Attorney Laura E. Popp-Rosenberg to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co., Ltd (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33153736) #46 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt) |
| Filing 47 APPLICATION of Non-Resident Attorney Barbara A. Solomon to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co., Ltd (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33153930) filed by defendant TNSG Health Co., Ltd. (Attachments: #1 Proposed Order) (Lussier, Kevin) |
| Filing 46 APPLICATION of Non-Resident Attorney Laura E. Popp-Rosenberg to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co., Ltd (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33153736) filed by defendant TNSG Health Co., Ltd. (Attachments: #1 Proposed Order) (Lussier, Kevin) |
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Filing 45
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: On April 15, 2022, the parties filed a Joint Status Report regarding the briefing schedule and hearing date for Plaintiffs' anticipated Motion for Preliminary Injunction. (Dkt. #44 ). Having considered the Joint Status Report, the court APPROVES the parties' proposed briefing schedule and reserves June 17, 2022 as the hearing date on Plaintiffs' proposed Motion for Preliminary Injunction. Plaintiffs shall file their Motion on or before April 29, 2022. Defendant's Opposition to the Motion shall be due on or before May 18, 2022. Plaintiffs' Reply shall be due on or before June 3, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 44 STATUS REPORT in Response to March 23, 2022 Order Regarding Scheduling on Plaintiffs' Preliminary Injunction Motion filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Proposed Order)(Rahmanpour, Roya) |
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Filing 43
ORDER GRANTING REQUEST TO SUBSTITUTE ATTORNEY Kevin R. Lussier in place of attorney Anna Elizabeth Raimer, Justin Andrew Potesta, Meredith M. Wilkes of JONES DAY for Defendant TNSG Health Co., Ltd #41 by Judge Fernando L. Aenlle-Rocha. (lc)
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| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Kevin R. Lussier counsel for Defendant TNSG Health Co., Ltd. Adding Kevin R. Lussier as counsel of record for TNSG Health Co., Ltd. for the reason indicated in the G-123 Notice. Filed by Defendant TNSG Health Co., Ltd.. (Lussier, Kevin) |
| Filing 41 REQUEST TO SUBSTITUTE ATTORNEY Kevin R. Lussier in place of attorney Anna Elizabeth Raimer, Justin Andrew Potesta, Meredith M. Wilkes of JONES DAY filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Proposed Order on Request for Approval of Substitution or Withdrawal of Attorney) (Lussier, Kevin) |
| Filing 40 REQUEST TO SUBSTITUTE ATTORNEY Kevin R. Lussier in place of attorney Anna Elizabeth Raimer, Justin Andrew Potesta, Meredith M. Wilkes of JONES DAY filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Proposed Order ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY) (Attorney Kevin R. Lussier added to party TNSG Health Co., Ltd(pty:dft)) (Lussier, Kevin) |
| Filing 39 ANSWER to Complaint (Attorney Civil Case Opening), #1 DEFENDANT TNSG HEALTH CO., LTD.S ANSWER TO COMPLAINT filed by Defendant TNSG Health Co., Ltd.(Raimer, Anna) |
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Filing 38
ORDER DENYING SPECIALLY APPEARING DEFENDANT TNSG HEALTH CO., LTD.'S MOTION TO DISMISS #27 by Judge Fernando L. Aenlle-Rocha: The court court DENIES Defendants Motion to Dismiss for Lack of Personal Jurisdiction and Lack of Subject Matter Jurisdiction (Dkt. 27-1). On June 1, 2021, the court vacated the hearing on Plaintiffs Motion for Preliminary Injunction (Dkt. 11) pending resolution of this Motion. The parties, thus, are ORDERED to meet and confer and file a joint status report and proposed order setting forth a briefing schedule and hearing date for Plaintiffs' preliminary injunction motion by April 15, 2022. (lc)
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| Filing 37 SUPPLEMENT to Objection/Opposition (Motion related),, #31 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Rahmanpour, Roya) |
| Filing 36 NOTICE of Appearance filed by attorney Roya Rahmanpour on behalf of Plaintiffs Biozeal, LLC, Murray Colin Clarke (Attorney Roya Rahmanpour added to party Biozeal, LLC(pty:pla), Attorney Roya Rahmanpour added to party Murray Colin Clarke(pty:pla))(Rahmanpour, Roya) |
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Filing 35
TEXT ENTRY (IN CHAMBERS) ORDER TAKING DEFENDANT TNSG HEALTH CO., LTD.'s MOTION TO DISMISS #27 UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The Court finds that the Motion to Dismiss #27 currently scheduled for hearing on August 6, 2021, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 34 OPPOSITION of Specially Appearing Defendant TNSG Health Co., Ltd. to Plaintiffs Murray Colin Clarke's and Biozeal, LLC's Evidentiary Objections re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #27 filed by Defendant TNSG Health Co., Ltd. (Raimer, Anna) |
| Filing 33 OBJECTIONS to Reply (Motion related), #32 Plaintiffs Murray Colin Clarke's and Biozeal, LLC's Objections to Defendant TNSG Health Co. Ltd's New Evidence and Argument in Supplemental Declaration [ECF no. 32-3] and Brief [ECF no. 32] RE: Motion to Dismiss filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Proposed Order)(Boustani, Jonathan) |
| Filing 32 REPLY NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #27 filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Objections to Plaintiffs' Request for Judicial Notice, #2 Responses to Plaintiffs' Objections to Declaration of Liqin Song ISO Motion to Dismiss for Lack of Personal Jurisdiction, #3 Supplemental Declaration of Liqin Song ISO Motion to Dismiss for Lack of Personal Jurisdiction, #4 Proposed Order)(Raimer, Anna) |
| Filing 31 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #27 Plaintiffs' Murray Colin Clarke's and Biozeal, LLC's Opposition to Defendant's Motion to Dismiss filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Proposed Order Denying Defendant's Motion to Dismiss, #2 Request for Judicial Notice, #3 Declaration of Murray Clarke, #4 Declaration of Christof Ballin, #5 Declaration of Anthony Harnack, #6 Objections to Declaration of Liqin Song, #7 Proposed Order Sustaining Objections to Declaration of Liqin Song)(Gold, Seth) |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Lauren J Schweitzer counsel for Plaintiffs Biozeal, LLC, Murray Colin Clarke. Adding Lauren J. Schweitzer as counsel of record for Plaintiffs Murray Colin Clarke and BIOZEAL, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiffs Murray Colin Clarke and BIOZEAL, LLC. (Attorney Lauren J Schweitzer added to party Biozeal, LLC(pty:pla), Attorney Lauren J Schweitzer added to party Murray Colin Clarke(pty:pla))(Schweitzer, Lauren) |
| Filing 29 Notice of Appearance or Withdrawal of Counsel: for attorney Diana M Torres counsel for Plaintiffs Biozeal, LLC, Murray Colin Clarke. Adding Diana M. Torres as counsel of record for Plaintiffs Murray Colin Clarke and BIOZEAL, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiffs Murray Colin Clarke and BIOZEAL, LLC. (Attorney Diana M Torres added to party Biozeal, LLC(pty:pla), Attorney Diana M Torres added to party Murray Colin Clarke(pty:pla))(Torres, Diana) |
| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Mark C Holscher counsel for Plaintiffs Biozeal, LLC, Murray Colin Clarke. Adding Mark C. Holscher as counsel of record for Plaintiffs Murray Colin Clarke and BIOZEAL, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiffs Murray Colin Clarke and BIOZEAL, LLC. (Attorney Mark C Holscher added to party Biozeal, LLC(pty:pla), Attorney Mark C Holscher added to party Murray Colin Clarke(pty:pla))(Holscher, Mark) |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant TNSG Health Co., Ltd. Motion set for hearing on 8/6/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Dismiss for Lack of Personal Jurisdiction, #2 Declaration of Liqin Song ISO Motion to Dismiss for Lack of Personal Jurisdiction, #3 Proposed Order) (Raimer, Anna) |
| Filing 26 PROOF OF SERVICE Executed by Plaintiff Murray Colin Clarke, Biozeal, LLC, upon Defendant TNSG Health Co., Ltd served on 5/13/2021, answer due 7/1/2021. Service of the Summons and Complaint were executed upon TNSG HEALTH CO., LTD., in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons returned. (Boustani, Jonathan) |
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Filing 25
ORDER GRANTING APPLICATION of Non-Resident Attorney Meredith M. Wilkes to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co., Ltd and designating Justin A. Potesta as local counsel 14 by Judge Fernando L. Aenlle-Rocha (lc)
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| Filing 24 APPLICATION of Non-Resident Attorney Meredith M. Wilkes to Appear Pro Hac Vice on behalf of Defendant TNSG Health Co., Ltd (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31419299) filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Proposed Order) (Potesta, Justin) |
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Filing 23
ORDER DENYING PLAINTIFFS' EX PARTE APPLICATION FOR EXPEDITED DISCOVERY #15 by Judge Fernando L. Aenlle-Rocha (lc)
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Filing 22
ORDER GRANTING SPECIALLY APPEARING TNSG HEALTH CO., LTD.'S EX PARTE APPLICATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT AND CONTINUANCE OF HEARING ON PRELIMINARY INJUNCTION MOTION #18 by Judge Fernando L. Aenlle-Rocha: 1. The deadline for TNSG Health to answer or otherwise respond to the Complaint is extended 30 days to July 1, 2021. 2. The hearing on Plaintiffs' Motion for Preliminary Injunction, which is currently scheduled for June 25, 2021, is VACATED and will be reset after the court determines whether it has personal jurisdiction over Defendant and subject matter jurisdiction over the claims. (lc)
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| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Anna Elizabeth Raimer counsel for Defendant TNSG Health Co., Ltd. Adding Anna E. Raimer as counsel of record for TNSG HEALTH CO., LTD. for the reason indicated in the G-123 Notice. Filed by Defendant TNSG HEALTH CO., LTD.. (Attorney Anna Elizabeth Raimer added to party TNSG Health Co., Ltd(pty:dft))(Raimer, Anna) |
| Filing 20 Opposition to Defendant's Ex Parte Application for Extension of Time in Opposition re: EX PARTE APPLICATION for Extension of Time to File Response to Complaint and to Continue Hearing on Preliminary Injunction Motion #18 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Murray Colin Clarke, #2 Declaration of Seth Gold)(Gold, Seth) |
| Filing 19 NOTICE of Interested Parties filed by Defendant TNSG Health Co., Ltd, (Potesta, Justin) |
| Filing 18 EX PARTE APPLICATION for Extension of Time to File Response to Complaint and to Continue Hearing on Preliminary Injunction Motion filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration of Liqin Song ISO Ex Parte Application for Extension, #2 Declaration of Anna E. Raimer ISO Ex Parte Application for Extension, #3 Proposed Order) (Potesta, Justin) |
| Filing 17 Opposition to Ex Parte Application for Expedited Discovery Opposition re: EX PARTE APPLICATION to Expedite Discovery Prior to Rule 26(f) Conference ; Memorandum of Points and Authorities in Support #15 filed by Defendant TNSG Health Co., Ltd. (Attachments: #1 Declaration of Liqin Song ISO Opposition to Expedited Discovery)(Attorney Justin Andrew Potesta added to party TNSG Health Co., Ltd(pty:dft))(Potesta, Justin) |
| Filing 16 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, re EX PARTE APPLICATION to Expedite Discovery Prior to Rule 26(f) Conference ; Memorandum of Points and Authorities in Support #15 served on 5/25/2021. (Gold, Seth) |
| Filing 15 EX PARTE APPLICATION to Expedite Discovery Prior to Rule 26(f) Conference ; Memorandum of Points and Authorities in Support filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Attachments: #1 Declaration of Seth Gold in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order) (Gold, Seth) |
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Filing 14
TEXT ENTRY (IN CHAMBERS) ORDER CONTINUING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (DKT. #11 ) by Judge Fernando L. Aenlle-Rocha: The court, on its own motion, continues Plaintiffs' Motion for Preliminary Injunction from June 18, 2021 to June 25, 2021 at 1:30 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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Filing 13
INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (vv)
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| Filing 12 PROOF OF SERVICE filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, re NOTICE OF MOTION AND MOTION for Preliminary Injunction re infringing and counterfeiting registered trademarks #11 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , Certificate/Notice of Interested Parties, #4 , Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) #5 , Notice of Assignment to United States Judges(CV-18) - optional html form #6 served on 5/18/2021. (Gold, Seth) |
| Filing 11 NOTICE OF MOTION AND MOTION for Preliminary Injunction re infringing and counterfeiting registered trademarks filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. Motion set for hearing on 6/18/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration of Murray Colin Clarke, #2 Exhibit A to Clarke Declaration, #3 Exhibit B to Clarke Declaration, #4 Exhibit C to Clarke Declaration, #5 Exhibit D to Clarke Declaration, #6 Exhibit E to Clarke Declaration, #7 Exhibit F to Clarke Declaration, #8 Declaration of Jonathan J. Boustani, #9 Request for Judicial Notice, #10 Exhibit A to Request for Judicial Notice, #11 Exhibit B to Request for Judicial Notice, #12 Exhibit C to Request for Judicial Notice, #13 Exhibit D to Request for Judicial Notice, #14 Exhibit E to Request for Judicial Notice, #15 Exhibit F to Request for Judicial Notice, #16 Exhibit G to Request for Judicial Notice, #17 Exhibit H to Request for Judicial Notice, #18 Exhibit I to Request for Judicial Notice, #19 Exhibit J to Request for Judicial Notice, #20 Exhibit K to Request for Judicial Notice, #21 Exhibit L to Request for Judicial Notice, #22 Proposed Order) (Gold, Seth) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant TNSG Health Co., Ltd. (lc) |
| Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Gold, Seth) |
| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #3 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge John E. McDermott. (ghap) |
| Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Biozeal, LLC, Murray Colin Clarke. (Gold, Seth) |
| Filing 4 Plaintiffs' NOTICE of Interested Parties filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke, identifying Murray Colin Clarke; Biozeal, LLC; Premier Trust, Inc., Trustee of the Clarke Irrevocable Family Trust, dated January 31, 2018; Side by Side LLC; Koji Takei; Christof Ballin; Gail Forrest; TNSG Health Co., Ltd.. (Gold, Seth) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Gold, Seth) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Biozeal, LLC, Murray Colin Clarke. (Gold, Seth) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31168847 - Fee: $402, filed by Plaintiffs Murray Colin Clarke, Biozeal, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Attorney Seth A. Gold added to party Biozeal, LLC(pty:pla), Attorney Seth A. Gold added to party Murray Colin Clarke(pty:pla))(Gold, Seth) |
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