Impossible Foods Inc. v. Impossible X LLC
Plaintiff: Impossible Foods Inc.
Defendant: Impossible X LLC
Case Number: 5:2021cv02419
Filed: April 2, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Beth Labson Freeman
Referring Judge: Thomas S Hixson
2 Judge: Susan van Keulen
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2021 Opinion or Order Filing 54 Transcript Designation Form for proceedings held on 10/28/2021 before Judge Beth Labson Freeman, (Slafsky, John) (Filed on 12/6/2021)
November 26, 2021 Opinion or Order Filing 53 USCA Case Number 21-16977 for #52 Notice of Appeal to the Ninth Circuit, filed by Impossible Foods Inc. (mcl, COURT STAFF) (Filed on 11/26/2021)
November 23, 2021 Opinion or Order #Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #52 Notice of Appeal to the Ninth Circuit, f iled by Impossible Foods Inc. (mcl, COURT STAFF) (Filed on 11/23/2021)
November 22, 2021 Opinion or Order Filing 52 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Impossible Foods Inc. Appeal of #50 Order. (Appeal fee of $505 receipt number ACANDC-16653218 paid.) (Slafsky, John) (Filed on 11/22/2021) Modified on 11/23/2021 (mcl, COURT STAFF).
November 17, 2021 Opinion or Order Filing 51 REPORT on the determination of an action regarding Patent Infringement. (cc: form mailed to register). (mcl, COURT STAFF) (Filed on 11/17/2021)
November 17, 2021 Opinion or Order #Electronic filing error. E-filer is reminded NOT to submit a readable-only form in future. The form needs to be modified to be sent to the Patent Office. Re: #4 Patent/ Trademark Report filed by Impossible Foods Inc. (mcl, COURT STAFF) (Filed on 11/17/2021)
November 16, 2021 Opinion or Order Filing 50 ORDER GRANTING IN PART #11 MOTION TO DISMISS; DISMISSING CASE WITHOUT PREJUDICE FOR LACK OF PERSONAL JURISDICTION by Judge Beth Labson Freeman. (blflc2, COURT STAFF) (Filed on 11/16/2021)
November 12, 2021 Opinion or Order Filing 49 ORDER REFERRING CASE TO MAGISTRATE JUDGE VAN KEULEN FOR SETTLEMENT. Signed by Judge Beth Labson Freeman on 11/12/2021. (blflc2, COURT STAFF) (Filed on 11/12/2021)
November 12, 2021 Opinion or Order Filing 48 ORDER GRANTING #47 STIPULATION SELECTING ADR PROCESS by Judge Beth Labson Freeman. (blflc2, COURT STAFF) (Filed on 11/12/2021)
November 12, 2021 Opinion or Order Filing 47 STIPULATION and Proposed Order selecting Early Settlement Conference with a Magistrate Judge by Impossible Foods Inc. Stipulation and [Proposed] Order Selecting ADR Process filed by Impossible Foods Inc.. (Slafsky, John) (Filed on 11/12/2021)
November 9, 2021 Opinion or Order Filing 46 ORDER REGARDING #45 SELECTION OF MAGISTRATE JUDGE FOR EARLY SETTLEMENT CONFERENCE by Judge Beth Labson Freeman. (blflc2, COURT STAFF) (Filed on 11/9/2021)
November 8, 2021 Opinion or Order Filing 45 STIPULATION and Proposed Order selecting Private ADR by Impossible Foods Inc. Stipulation and [Proposed] Order Selecting ADR Process filed by Impossible Foods Inc.. (Slafsky, John) (Filed on 11/8/2021)
November 8, 2021 Opinion or Order Filing 44 Transcript of Proceedings held on 10/28/2021, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number summer_fisher@cand.uscourts.gov. 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/Transcriber 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 #42 Transcript Order ) Redaction Request due 11/29/2021. Redacted Transcript Deadline set for 12/9/2021. Release of Transcript Restriction set for 2/6/2022. (Related documents(s) #42 ) (Fisher, Summer) (Filed on 11/8/2021)
October 28, 2021 Opinion or Order Filing 43 CASE MANAGEMENT ORDER.Last Day to Hear Dispositive Motions set for 10/12/2023 09:00 AM. Final Pretrial Conference set for 1/18/2024 01:30 PM. Bench Trial set for 2/20/2024, 2/21/2024, 2/22/2024, 2/23/2024 09:00 AM before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 10/28/2021. (tsh, COURT STAFF) (Filed on 10/28/2021)
October 28, 2021 Opinion or Order Filing 42 TRANSCRIPT ORDER for proceedings held on October 28, 2021 before Judge Beth Labson Freeman by Impossible Foods Inc., for Court Reporter Summer Fisher. (Slafsky, John) (Filed on 10/28/2021)
October 28, 2021 Opinion or Order Filing 41 Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 10/28/2021.Total Time in Court: 9 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: John Slafsky, Brandon Leahy. Defendant Attorney: Adrienne Kosak, David Weslow. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 10/28/2021)
October 28, 2021 Opinion or Order Filing 40 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 10/28/2021. Total Time in Court: 32 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: John Slafsky, Brandon Leahy. Defendant Attorney: Adrienne Kosak, David Weslow. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 10/28/2021)
October 22, 2021 Opinion or Order Filing 39 CLERKS NOTICE CONVERTING MOTION HEARING AND CASE MANAGEMENT CONFERENCE TO ZOOM WEBINAR HEARING. Motion Hearing as to #11 MOTION to Dismiss for Lack of Jurisdiction Pursuant To Fed. R. Civ. P. 12(B)(2) and 12(B)(1) set for 10/28/2021 09:00 AM and Case Management Conference set for 10/28/2021 11:00 AM before Judge Beth Labson Freeman 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/blf 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 blfcrd@cand.uscourts.gov no later than October 26, 2021 at 2:00 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 10/22/2021)
October 21, 2021 Opinion or Order Filing 38 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Impossible Foods Inc. (Slafsky, John) (Filed on 10/21/2021) Modified on 10/21/2021 (mclS, COURT STAFF).
October 7, 2021 Opinion or Order Filing 37 ORDER REQUESTING COURTESY COPIES. Signed by Judge Beth Labson Freeman on 10/7/2021. (blflc2S, COURT STAFF) (Filed on 10/7/2021)
October 7, 2021 Opinion or Order Filing 36 REPLY (re #11 MOTION to Dismiss for Lack of Jurisdiction Pursuant To Fed. R. Civ. P. 12(B)(2) and 12(B)(1) ) filed byImpossible X LLC. (Attachments: #1 Declaration of David E. Weslow In Support of Reply)(Eng, Kevin) (Filed on 10/7/2021) Modified on 10/7/2021 (mclS, COURT STAFF).
September 14, 2021 Opinion or Order Filing 35 OPPOSITION/RESPONSE (re #11 MOTION to Dismiss for Lack of Jurisdiction Pursuant To Fed. R. Civ. P. 12(B)(2) and 12(B)(1) ) Plaintiff's Opposition to Defendant's Motion to Dismiss filed byImpossible Foods Inc.. (Attachments: #1 Declaration of John L. Slafsky, #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 Proposed Order)(Slafsky, John) (Filed on 9/14/2021)
August 9, 2021 Opinion or Order Filing 34 ORDER re #33 Scope of Jurisdictional Discovery. Signed by Judge Susan van Keulen on 8/9/2021. (svklc2S, COURT STAFF) (Filed on 8/9/2021)
July 27, 2021 Opinion or Order Filing 33 Letter from Joint Parties . (Slafsky, John) (Filed on 7/27/2021)
July 20, 2021 Opinion or Order Filing 32 ORDER by Judge Susan van Keulen granting in part and denying in part #19 Motion for Leave to Pursue Jurisdictional Discovery. (svklc2S, COURT STAFF) (Filed on 7/20/2021)
July 16, 2021 Opinion or Order Filing 31 ORDER GRANTING #30 MOTION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on July 16, 2021. (blflc2S, COURT STAFF) (Filed on 7/16/2021)
July 16, 2021 Opinion or Order Filing 30 MOTION for leave to appear in Pro Hac Vice for David Weslow ( Filing fee $ 317, receipt number 0971-16185546.) filed by Impossible X LLC. (Weslow, David) (Filed on 7/16/2021)
July 16, 2021 Opinion or Order Filing 29 REPLY (re #19 MOTION for Leave to File Plaintiff's Notice of Motion and Motion for Leave to Pursue Jurisdictional Discovery, for Enlarging Time to Oppose the Motion to Dismiss and for Shortening Time for Hearing this Motion MOTION to Expedite MOTION to Shorten Time ) Plaintiff's Reply in Further Support of Motion for Leave to Pursue Jurisdictional Discovery filed byImpossible Foods Inc.. (Attachments: #1 Declaration of Brandon P. Leahy, #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)(Slafsky, John) (Filed on 7/16/2021)
July 16, 2021 Opinion or Order Filing 28 ORDER GRANTING #27 MOTION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on July 16, 2021. (blflc2S, COURT STAFF) (Filed on 7/16/2021)
July 16, 2021 Opinion or Order Filing 27 MOTION for leave to appear in Pro Hac Vice for Adrienne Kosak ( Filing fee $ 317, receipt number 0971-16184000.) filed by Impossible X LLC. (Kosak, Adrienne) (Filed on 7/16/2021)
July 13, 2021 Opinion or Order Filing 26 OPPOSITION/RESPONSE (re #19 MOTION for Leave to File Plaintiff's Notice of Motion and Motion for Leave to Pursue Jurisdictional Discovery, for Enlarging Time to Oppose the Motion to Dismiss and for Shortening Time for Hearing this Motion MOTION to Expedite MOTION to Shorten Time ) filed byImpossible X LLC. (Attachments: #1 Declaration of Joel Runyon)(Smith, Alan) (Filed on 7/13/2021)
July 8, 2021 Opinion or Order Filing 25 NOTICE of Appearance by Alan P. Smith (Smith, Alan) (Filed on 7/8/2021)
July 7, 2021 Opinion or Order Filing 24 ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on July 7, 2021. (blflc2S, COURT STAFF) (Filed on 7/7/2021)
July 6, 2021 Opinion or Order Filing 23 RESPONSE re #21 Order, by Impossible X LLC. (Eng, Kevin) (Filed on 7/6/2021)
July 6, 2021 Opinion or Order Filing 22 ORDER re #19 Motion for Jurisdictional Discovery. Signed by Judge Susan van Keulen on 7/6/2021. (svklc2S, COURT STAFF) (Filed on 7/6/2021)
July 1, 2021 Opinion or Order Filing 21 ORDER REFERRING MOTION FOR JURISDICTIONAL DISCOVERY TO JUDGE VAN KEULEN AND REQUESTING DEFENDANT'S RESPONSE TO MOTION TO ENLARGE TIME TO OPPOSE MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on July 1, 2021. (blflc2S, COURT STAFF) (Filed on 7/1/2021)
June 30, 2021 Opinion or Order Filing 20 CLERK'S NOTICE RESETTING MOTION AND CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Motion Hearing as to #11 MOTION to Dismiss for Lack of Jurisdiction Pursuant To Fed. R. Civ. P. 12(B)(2) and 12(B)(1) set for 10/28/2021 09:00 AM and Initial Case Management Conference set for 10/28/2021 11:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Case Management Statement due by 10/21/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tshS, COURT STAFF) (Filed on 6/30/2021)
June 28, 2021 Opinion or Order Filing 19 MOTION for Leave to File Plaintiff's Notice of Motion and Motion for Leave to Pursue Jurisdictional Discovery, for Enlarging Time to Oppose the Motion to Dismiss and for Shortening Time for Hearing this Motion, MOTION to Expedite , MOTION to Shorten Time filed by Impossible Foods Inc.. (Attachments: #1 Declaration of John L. Slafsky, #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 Proposed Order Leave to Pursue Jurisdictional Discovery, #19 Proposed Order Shortening Time)(Slafsky, John) (Filed on 6/28/2021)
June 25, 2021 Opinion or Order Filing 18 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Magistrate Judge Thomas S. Hixson 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 6/25/21. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 6/25/2021)
June 24, 2021 Opinion or Order Filing 17 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. (rmm2S, COURT STAFF) (Filed on 6/24/2021)
June 24, 2021 Opinion or Order Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Impossible X LLC.. (Eng, Kevin) (Filed on 6/24/2021)
June 17, 2021 Opinion or Order Filing 15 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Eng, Kevin) (Filed on 6/17/2021)
June 17, 2021 Opinion or Order Filing 14 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options By Parties and Counsel (Slafsky, John) (Filed on 6/17/2021)
June 17, 2021 Opinion or Order Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Impossible Foods Inc... (Slafsky, John) (Filed on 6/17/2021)
June 14, 2021 Opinion or Order Filing 12 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 6/24/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (cdnS, COURT STAFF) (Filed on 6/14/2021)
June 11, 2021 Opinion or Order Filing 11 MOTION to Dismiss for Lack of Jurisdiction Pursuant To Fed. R. Civ. P. 12(B)(2) and 12(B)(1) filed by Impossible X LLC. Motion Hearing set for 8/12/2021 10:00 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 6/25/2021. Replies due by 7/2/2021. (Attachments: #1 Exhibit Exhibit A - Runyon Declaration, #2 Exhibit Exhibit B - Weslow Declaration, #3 Proposed Order Proposed Order Granting Motion To Dismiss)(Eng, Kevin) (Filed on 6/11/2021)
June 11, 2021 Opinion or Order Filing 10 Certificate of Interested Entities by Impossible X LLC (Eng, Kevin) (Filed on 6/11/2021)
June 11, 2021 Opinion or Order Filing 9 NOTICE of Appearance by Kevin K. Eng (Eng, Kevin) (Filed on 6/11/2021)
April 20, 2021 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed filed by Impossible Foods Inc.. Service waived by Impossible X LLC waiver sent on 4/12/2021, answer due 6/11/2021. (Slafsky, John) (Filed on 4/20/2021)
April 5, 2021 Opinion or Order Filing 7 Summons Issued as to Impossible X LLC. (msrS, COURT STAFF) (Filed on 4/5/2021)
April 5, 2021 Opinion or Order Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/1/2021. Initial Case Management Conference set for 7/8/2021 10:00 AM in San Francisco, Courtroom G, 15th Floor. (msrS, COURT STAFF) (Filed on 4/5/2021)
April 5, 2021 Opinion or Order Filing 5 Case assigned to Magistrate Judge Thomas S. Hixson. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/19/2021. (mbcS, COURT STAFF) (Filed on 4/5/2021)
April 2, 2021 Opinion or Order Filing 4 REPORT on the filing or determination of an action regarding a Patent or Trademark (cc: form mailed to register). (Slafsky, John) (Filed on 4/2/2021)
April 2, 2021 Opinion or Order Filing 3 Certificate of Interested Entities by Impossible Foods Inc. identifying Other Affiliate Patrick O. Brown for Impossible Foods Inc.. (Slafsky, John) (Filed on 4/2/2021)
April 2, 2021 Opinion or Order Filing 2 Proposed Summons. (Slafsky, John) (Filed on 4/2/2021)
April 2, 2021 Opinion or Order Filing 1 COMPLAINT for Declaratory Relief against Impossible X LLC ( Filing fee $ 402, receipt number 0971-15790039.). Filed byImpossible Foods Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Slafsky, John) (Filed on 4/2/2021)

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Defendant: Impossible X LLC
Represented By: Kevin K. Eng
Represented By: Adrienne J. Kosak
Represented By: Alan P. Smith
Represented By: David E. Weslow
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Plaintiff: Impossible Foods Inc.
Represented By: John Lawrence Slafsky
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