BD Performing Arts v. B.A.C. Musical Instruments, LLC et al
| BD Performing Arts |
| B.A.C. Musical Instruments, LLC, RMI, LLC and Tianjin Jinbao Musical Instruments Co., Ltd. |
| 4:2022cv02050 |
| March 30, 2022 |
| US District Court for the Northern District of California |
| Kandis A Westmore |
| Jeffrey S White |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.
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| Filing 55 OPPOSITION/RESPONSE (re #47 MOTION for Leave to File First Amended Complaint ) filed byB.A.C. Musical Instruments, LLC, RMI, LLC. (Sybert, Richard) (Filed on 5/27/2022) |
Filing 54
ORDER by Judge Jeffrey S. White Granting #53 Stipulation RE Extension of Time for Defendants to Respond to Complaint. (dts, COURT STAFF) (Filed on 5/24/2022)
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| Filing 53 STIPULATION WITH PROPOSED ORDER RE Extension of Time for Defendants to Respond to Complaint filed by B.A.C. Musical Instruments, LLC, RMI, LLC. (Attachments: #1 Proposed Order)(Sybert, Richard) (Filed on 5/24/2022) |
| Filing 52 REPLY (re #44 MOTION to Dismiss Under Forum Non Conveniens ) filed byB.A.C. Musical Instruments, LLC, RMI, LLC. (Sybert, Richard) (Filed on 5/20/2022) |
| Filing 51 Renotice motion hearing re #47 MOTION for Leave to File First Amended Complaint (for June 24, 2022) filed byBD Performing Arts. (Related document(s) #47 ) (Pak, Eugene) (Filed on 5/18/2022) |
| Set/Reset Deadlines as to #47 MOTION for Leave to File First Amended Complaint. Motion Hearing set for 6/24/2022 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. (dts, COURT STAFF) (Filed on 5/18/2022) |
| Filing 50 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that, due to the Court's unavailability, the Case Management Conference set for 7/15/2022 is continued to 7/22/2022 at 11:00 AM - Videoconference Only. Joint Case Management Statement due by 7/15/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.),. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsw Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at jswcrd@cand.uscourts.gov no later than July 21, 2022 at 12:00 PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (dts, COURT STAFF) (F iled on 5/17/2022) |
| Filing 49 Transcript of Proceedings held on April 22, 2022, before Judge Jeffrey S. White. Court Reporter Raynee H. Mercado, CSR, telephone number 510-565-7228, cacsr8258@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #45 Transcript Order ) Release of Transcript Restriction set for 8/12/2022. (Related document(s) #45 ) (Mercado, Raynee) (Filed on 5/16/2022) |
| Filing 48 OPPOSITION/RESPONSE (re #44 MOTION to Dismiss Under Forum Non Conveniens ) PLAINTIFF BD PERFORMING ARTS' OPPOSITION TO DEFENDANTS B.A.C. MUSICAL INSTRUMENTS, LLC'S AND RMI, LLC'S MOTION TO DISMISS UNDER FORUM NON CONVENIENS filed byBD Performing Arts. (Pak, Eugene) (Filed on 5/13/2022) |
| Filing 47 MOTION for Leave to File First Amended Complaint filed by BD Performing Arts. (Attachments: #1 Proposed Order)(Pak, Eugene) (Filed on 5/13/2022) |
| Filing 46 NOTICE of Appearance by Katherine Kao for Plaintiff (Kao, Katherine) (Filed on 5/13/2022) |
| Filing 45 TRANSCRIPT ORDER for proceedings held on April 22, 2022 before Judge Jeffrey S. White by BD Performing Arts, for Court Reporter Raynee Mercado. (Pak, Eugene) (Filed on 5/5/2022) |
| Filing 44 MOTION to Dismiss Under Forum Non Conveniens filed by B.A.C. Musical Instruments, LLC, RMI, LLC. Motion Hearing set for 6/24/2022 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 5/13/2022. Replies due by 5/20/2022. (Attachments: #1 Declaration of Greg Wohler, #2 Proposed Order)(Sybert, Richard) (Filed on 4/29/2022) |
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Filing 43
ORDER by Judge Jeffrey S. White Denying #12 Motion for TEMPORARY RESTRAINING ORDER. (dts, COURT STAFF) (Filed on 4/25/2022)
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| Filing 42 Minute Entry for proceedings held before Judge Jeffrey S. White: Motion Hearing held on 4/22/2022 re #12 Ex Parte MOTION for Temporary Restraining Order. Total Time in Court: 47 minutes. Court Reporter: Raynee Mercado. (dts, COURT STAFF) (Date Filed: 4/22/2022) |
| Filing 41 NOTICE of Supplemental Authority by B.A.C. Musical Instruments, LLC, RMI, LLC re #12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue (Sybert, Richard) (Filed on 4/21/2022) Modified on 4/22/2022 (slh, COURT STAFF). |
| Filing 40 NOTICE Additional Authority by BD Performing Arts re #12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue (Pak, Eugene) (Filed on 4/21/2022) Modified on 4/22/2022 (slh, COURT STAFF). |
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Filing 39
NOTICE OF QUESTIONS FOR HEARING re #12 Ex Parte MOTION for Temporary Restraining Order. Signed by Judge Jeffrey S. White on April 20, 2022. (dts, COURT STAFF) (Filed on 4/20/2022)
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| Filing 38 Supplemental Declaration of Shaun Gallant in Support of Plaintiff's Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction filed by BD Performing Arts. (Pak, Eugene) (Filed on 4/20/2022) Modified on 4/21/2022 (slh, COURT STAFF). |
| Filing 37 Supplemental Declaration of Eugene M. Pak in Support of Plaintiff's Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction filed by BD Performing Arts. (Pak, Eugene) (Filed on 4/20/2022) Modified on 4/21/2022 (slh, COURT STAFF). |
| Filing 36 REPLY (re #12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue ) PLAINTIFF BD PERFORMING ARTS' REPLY TO DEFENDANTS B.A.C. MUSICAL INSTRUMENTS, LLC AND RMI, LLC'S OPPOSITION TO EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed byBD Performing Arts. (Pak, Eugene) (Filed on 4/20/2022) |
| Filing 35 Summons Issued as to B.A.C. Musical Instruments, LLC, RMI, LLC, Tianjin Jinbao Musical Instruments Co., Ltd.. (slh, COURT STAFF) (Filed on 4/19/2022) |
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Filing 34
ORDER by Judge Jeffrey S. White Granting #33 Motion for Pro Hac Vice as to Tony Shapiro. (dts, COURT STAFF) (Filed on 4/18/2022)
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| Filing 33 AMENDED DOCUMENT by B.A.C. Musical Instruments, LLC, RMI, LLC. With Corrected Certificate of Good Standing. (Shapiro, Tony) (Filed on 4/18/2022) |
| Filing 32 Proposed Summons. (Pak, Eugene) (Filed on 4/18/2022) |
| Filing 31 Declaration of Charles Pridgen in Opposition re #12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue) filed by B.A.C. Musical Instruments, LLC, RMI, LLC. (Attachments: #1 Declaration)(Sybert, Richard) (Filed on 4/18/2022) Modified on 4/19/2022 (slh, COURT STAFF). |
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Filing 30
ORDER by Judge Jeffrey S. White GRANTING AS MODIFIED #28 Stipulation to Exceed Page Limitations. (jswlc2, COURT STAFF) (Filed on 4/18/2022)
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| Filing 29 OPPOSITION/RESPONSE (re #12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue ) filed byB.A.C. Musical Instruments, LLC, RMI, LLC. (Sybert, Richard) (Filed on 4/18/2022) |
| Filing 28 STIPULATION WITH PROPOSED ORDER EXTENDING PAGE LIMIT FOR DEFENDANTS' OPPOSITION TO EX PARTE MOTION filed by B.A.C. Musical Instruments, LLC, RMI, LLC. (Attachments: #1 Proposed Order)(Sybert, Richard) (Filed on 4/18/2022) |
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Filing 27
ORDER by Judge Jeffrey S. White Granting #26 Motion for Pro Hac Vice as to Tony Shapiro. (dts, COURT STAFF) (Filed on 4/15/2022)
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| Filing 26 MOTION for leave to appear in Pro Hac Vice (Filing fee $ 317, receipt number ACANDC-17087310) filed by B.A.C. Musical Instruments, LLC, RMI, LLC. (Shapiro, Tony) (Filed on 4/14/2022) |
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Filing 25
ORDER SETTING BRIEFING SCHEDULE AND HEARING ON #12 EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Jeffrey S. White on April 13, 2022. Opposition due by 4/18/2022. Reply due by 4/20/2022. Motion Hearing set for 4/22/2022 09:00 AM in Oakland, - Videoconference Only before Judge Jeffrey S. White. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsw Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jswcrd@cand.uscourts.gov no later than April 21, 2022 at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (dts, COURT STAFF) (Filed on 4/13/2022)
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Filing 24
ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on April 13, 2022. Joint Case Management Statement due by 7/8/2022. Initial Case Management Conference set for 7/15/2022 11:00 AM in Oakland, - Telephonic Only. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 8583698The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (dts, COURT STAFF) (Filed on 4/13/2022)
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Filing 23
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 4/13/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jml, COURT STAFF) (Filed on 4/13/2022)
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| Filing 22 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (wft, COURT STAFF) (Filed on 4/13/2022) |
| Filing 21 WAIVER OF SERVICE Returned Executed filed by BD Performing Arts. Service waived by RMI, LLC waiver sent on 4/4/2022, answer due 6/3/2022. (Pak, Eugene) (Filed on 4/6/2022) |
| Filing 20 WAIVER OF SERVICE Returned Executed filed by BD Performing Arts. Service waived by B.A.C. Musical Instruments, LLC waiver sent on 4/4/2022, answer due 6/3/2022. (Pak, Eugene) (Filed on 4/6/2022) |
| Filing 19 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by B.A.C. Musical Instruments, LLC, RMI, LLC.. (Sybert, Richard) (Filed on 4/5/2022) |
| Filing 18 [Proposed] Order Granting re #12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed by BD Performing Arts. (Pak, Eugene) (Filed on 4/4/2022) |
| Filing 17 Declaration of Porscha Imperial in Support of #12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed byBD Performing Arts. (Related document(s) #12 ) (Pak, Eugene) (Filed on 4/4/2022) |
| Filing 16 Declaration of Shaun Gallant in Support of #12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed byBD Performing Arts. (Related document(s) #12 ) (Pak, Eugene) (Filed on 4/4/2022) |
| Filing 15 Declaration of David Gibbs in Support of #12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed byBD Performing Arts. (Related document(s) #12 ) (Pak, Eugene) (Filed on 4/4/2022) |
| Filing 14 Declaration of Eugene M. Pak in Support of #12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed byBD Performing Arts. (Related document(s) #12 ) (Pak, Eugene) (Filed on 4/4/2022) |
| Filing 13 Brief in Support of re #12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue - Memorandum of Points and Authorities in Support of Ex Parte Motion for Temporary Restraining Order and Order to Show Cause Why A Preliminary Injunction Should Not Issue filed by BD Performing Arts. (Related document(s) #12 ) (Pak, Eugene) (Filed on 4/4/2022) |
| Filing 12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue filed by BD Performing Arts. (Pak, Eugene) (Filed on 4/4/2022) |
| Filing 11 CLERK'S NOTICE Re: Defendants B.A.C. Musical Instruments, LLC and RMI LLC shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/18/2022. (wft, COURT STAFF) (Filed on 4/4/2022) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by BD Performing Arts.. (Pak, Eugene) (Filed on 4/4/2022) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT [FRCP 7.1] filed by BD Performing Arts (Pak, Eugene) (Filed on 4/4/2022) |
| Filing 8 Certificate of Interested Entities or Persons [Local Rule 3-15] filed by BD Performing Arts (Pak, Eugene) (Filed on 4/4/2022) |
| Filing 7 NOTICE of Appearance by Miguel A. Saldana Counsel for Plaintiff (Saldana, Miguel) (Filed on 4/4/2022) |
| Filing 6 NOTICE of Appearance by Hannah E. Brown for Defendants B.A.C. Musical Instruments, LLC and RMI, LLC (Brown, Hannah) (Filed on 3/31/2022) |
| Filing 5 Certificate of Interested Entities by B.A.C. Musical Instruments, LLC, RMI, LLC and Corporate Disclosure Statement (Sybert, Richard) (Filed on 3/31/2022) |
| Filing 4 NOTICE of Appearance by Richard Paul Sybert for Defendants B.A.C. Musical Instruments, LLC and RMI, LLC (Sybert, Richard) (Filed on 3/31/2022) |
| Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/13/2022. (jlg, COURT STAFF) (Filed on 3/30/2022) |
| Filing 2 Proposed Summons. (Pak, Eugene) (Filed on 3/30/2022) |
| Filing 1 COMPLAINT FOR (1) FEDERAL COUNTERFEITING AND TRADEMARK INFRINGEMENT [15 U.S.C. section 1114]; (2) UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN [15 U.S.C. section 1125(a)]; (3) COMMON LAW UNFAIR COMPETITION; (4) UNFAIR COMPETITION [CALIFORNIA BUSINESS AND PROFESSIONS CODE section 17200]; (5) CONTRIBUTORY TRADEMARK INFRINGEMENT; AND (6) VIOLATION OF TARIFF ACT [19 U.S.C. section 1625] against All Defendants ( Filing fee $ 402, receipt number ACANDC-17043509.). Filed byBD Performing Arts. (Attachments: #1 Civil Cover Sheet)(Pak, Eugene) (Filed on 3/30/2022) |
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