Performance Designed Products LLC. v. Plantronics, Inc. et al
| Performance Designed Products LLC. |
| DOES 1 to 10, Plantronics, Inc., Polycom, Inc. and Poly |
| 3:2019cv00536 |
| March 21, 2019 |
| US District Court for the Southern District of California |
| Gonzalo P Curiel |
| Linda Lopez |
| Trademark |
| 15 U.S.C. § 1125 la |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 22, 2019. A more recent docket listing may be available from PACER.
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Filing 39
ORDER Granting Defendants' #18 Motion to Dismiss First Amended Complaint; and Denying #24 Motion for Preliminary Injunction. The motion hearings set on the two aforementioned matters are vacated. Should Plaintiff choose to file a Second Amended Complaint addressing the pleading deficiencies identified in this Order, it must do so no later than July 19, 2019. Any opposition would be due July 26, 2019; any reply by August 2, 2019. The Court is prepared to hold a hearing on the matter on August 16, 2019 at 1:30PM in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 7/12/19. (dlg)
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| Filing 38 RESPONSE in Opposition re #24 MOTION for Preliminary Injunction Plaintiff Performance Designed Products LLC's Notice of Motion and Motion for Preliminary Injunction; Memorandum of Points and Authorities filed by Plantronics, Inc., Poly, Polycom, Inc.. (Attachments: #1 Declaration of Darrin Caddes, #2 Declaration of Tanguy Leborgne, #3 Declaration of Timothy Root, #4 Declaration of Baron Santiago, #5 Declaration of Clara J. Shin (part 1 of 3), #6 Declaration of Clara J. Shin (part 2 of 3), #7 Declaration of Clara J. Shin (part 3 of 3))(Shin, Clara) (dlg). |
| Filing 37 SEALED LODGED Proposed Document re: #36 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Shin, Clara) (rmc). |
| Filing 36 MOTION to File Documents Under Seal (Shin, Clara) (rmc). |
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Filing 35
ORDER Granting Joint #34 Motion for Protective Order With Modifications. Signed by Magistrate Judge Linda Lopez on 7/10/19. (dlg)
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| Filing 34 Joint MOTION for Protective Order [Joint] Motion for Stipulated Protective Order by Performance Designed Products LLC.. (Chapman, Laura) (dlg). |
| Filing 33 REPLY to Response to Motion re #18 MOTION to Dismiss for Failure to State a Claim 004 First Amended Complaint filed by Plantronics, Inc., Poly, Polycom, Inc.. (Shin, Clara) (dlg). |
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Filing 32
ORDER Modifying Briefing Schedule re #18 MOTION to Dismiss for Failure to State a Claim 004 First Amended Complaint : The Court sua sponte extends the due date for any reply to defendants motion to dismiss to July 9, 2019. Signed by Judge Gonzalo P. Curiel on 7/1/19.(dlg)
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Filing 31
ORDER Setting Briefing Schedule: Re #18 Defendants motion to dismiss - with respect to any reply by Poly, this Court order that the deadline for filing is July 5, 2019; and Re #24 Motion for Preliminary Injunction - The Court sua sponte orders the hearing date continued to August 2, 2019, at 1:30PM, and that any response be filed no later than July 12, 2019; any reply shall be filed by July 19, 2019. Signed by Judge Gonzalo P. Curiel on 7/1/19.(dlg)
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| Filing 30 NOTICE of Appearance by Daniel N Yannuzzi on behalf of Performance Designed Products LLC. (Yannuzzi, Daniel)Attorney Daniel N Yannuzzi added to party Performance Designed Products LLC.(pty:pla) (dlg). |
| Filing 29 NOTICE of Withdrawal of Motion by Plantronics, Inc., Poly, Polycom, Inc. re #26 MOTION Order permitting disclosure of proposed sealed materials to defendants (Shin, Clara) (dlg). |
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Filing 28
ORDER Granting Joint #27 Motion to Shorten Time. Signed by Judge Gonzalo P. Curiel on 6/11/19. (dlg)
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| Filing 27 Joint MOTION to Shorten Time by Plantronics, Inc., Poly, Polycom, Inc.. (Shin, Clara) (dlg). |
| Filing 26 *** WITHDRAWN PER ECF 29 *** MOTION Order permitting disclosure of proposed sealed materials to defendants by Plantronics, Inc., Poly, Polycom, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Simon J. Frankel, #3 Exhibit A to Declaration of Simon J. Frankel, #4 Exhibit B to Declaration of Simon J. Frankel, #5 Exhibit C to Declaration of Simon J. Frankel, #6 Exhibit D to Declaration of Simon J. Frankel, #7 Exhibit E to Declaration of Simon J. Frankel, #8 Exhibit F to Declaration of Simon J. Frankel, #9 Exhibit G to Declaration of Simon J. Frankel, #10 Exhibit H to Declaration of Simon J. Frankel, #11 Exhibit I to Declaration of Simon J. Frankel, #12 Exhibit J to Declaration of Simon J. Frankel, #13 Exhibit K to Declaration of Simon J. Frankel, #14 Exhibit L to Declaration of Simon J. Frankel, #15 Exhibit M to Declaration of Simon J. Frankel, #16 Exhibit N to Declaration of Simon J. Frankel)(Shin, Clara) (dlg). Modified on 6/20/2019 (dlg). |
| Filing 25 RESPONSE to Motion re #22 MOTION to File Documents Under Seal filed by Plantronics, Inc., Poly, Polycom, Inc.. (Attachments: #1 Declaration of Clara Shin in Support of Defendants' Response to Plaintiff's Motion to File Documents under Seal, #2 Exhibit A)(Shin, Clara) (dlg). |
| Filing 24 MOTION for Preliminary Injunction Plaintiff Performance Designed Products LLC's Notice of Motion and Motion for Preliminary Injunction; Memorandum of Points and Authorities by Performance Designed Products LLC.. (Attachments: #1 Declaration of John Moore - Part 1 of 5, #2 Declaration of John Moore - Part 2 of 5, #3 Declaration of John Moore - Part 3 of 5, #4 Declaration of John Moore - Part 4 of 5, #5 Declaration of John Moore - Part 5 of 5, #6 Declaration of Alfredo Tato, #7 Declaration of John Alpay, #8 Declaration of Laura Chapman - Part 1 of 6, #9 Declaration of Laura Chapman - Part 2 of 6, #10 Declaration of Laura Chapman - Part 3 of 6, #11 Declaration of Laura Chapman - Part 4 of 6, #12 Declaration of Laura Chapman - Part 5 of 6, #13 Declaration of Laura Chapman - Part 6 of 6)(Chapman, Laura) (dlg). |
| Filing 23 SEALED LODGED Proposed Document re: #22 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Chapman, Laura) (rmc). |
| Filing 22 MOTION to File Documents Under Seal (Chapman, Laura) (rmc). |
| Filing 21 RESPONSE in Opposition re #18 MOTION to Dismiss for Failure to State a Claim 004 First Amended Complaint Plaintiff Performance Designed Products LLC's Opposition to Defendants' Motion to Dismiss First Amended Complaint filed by Performance Designed Products LLC.. (Chapman, Laura) (dlg). |
| Filing 20 NOTICE of Change of Address by Clara Jihye Shin (Shin, Clara) (jpp). |
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Filing 19
ORDER granting #11 ex parte application to extend time to respond to First Amended Complaint. The time for Poly to respond to the First Amended Complaint is extended to and including 5/3/2019. Signed by Judge Gonzalo P. Curiel on 4/10/2019. (jpp)
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| Filing 18 MOTION to Dismiss for Failure to State a Claim 004 First Amended Complaint by Plantronics, Inc., Poly, Polycom, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Clara Shin, #3 Exhibit 1 to Declaration of Clara Shin, #4 Exhibit 2 to Declaration of Clara Shin, #5 Exhibit 3 to Declaration of Clara Shin, #6 Exhibit 4 to Declaration of Clara Shin, #7 Exhibit 5 to Declaration of Clara Shin, #8 Exhibit 6 to Declaration of Clara Shin, #9 Exhibit 7 to Declaration of Clara Shin, #10 Exhibit 8 to Declaration of Clara Shin, #11 Exhibit 9 to Declaration of Clara Shin, #12 Request for Judicial Notice)(Shin, Clara) (dlg). |
| Filing 17 REPLY to Response to Motion re #11 Ex Parte MOTION for Extension of Time to File Answer to First Amended Complaint filed by Plantronics, Inc., Poly, Polycom, Inc. (Shin, Clara) (tcf). |
| Filing 16 RESPONSE in Opposition re #11 Ex Parte MOTION for Extension of Time to File Answer to First Amended Complaint Plaintiff Performance Designed Products LLC's Opposition to Defendants' Ex Parte Application for Order Extending Time to Respond to First Amended Complaint filed by Performance Designed Products LLC.. (Attachments: #1 Declaration of John M. Alpay in Support of Plaintiff's Opposition to Defendants' Ex Parte Application for Order Extending Time to Respond to First Amended Complaint, #2 Declaration of Laura L. Chapman in Support of Plaintiff Performance Designed Products LLC's Opposition to Defendants' Ex Parte Application for Order Extending Time to Respond to First Amended Complaint)(Chapman, Laura) (tcf). |
| Filing 15 NOTICE Plaintiff Performance Designed Products LLC's Notice of Intention to Oppose Defendants' Ex Parte Application for Order Extending Time to Respond to First Amended Complaint by Performance Designed Products LLC. re #11 Ex Parte MOTION for Extension of Time to File Answer to First Amended Complaint (Chapman, Laura) (dlg). |
| Filing 14 NOTICE of Appearance of Counsel by Ziwei Song on behalf of Plantronics, Inc., Poly, Polycom, Inc. (Song, Ziwei)Attorney Ziwei Song added to party Plantronics, Inc.(pty:dft), Attorney Ziwei Song added to party Poly(pty:dft), Attorney Ziwei Song added to party Polycom, Inc.(pty:dft) (dlg). |
| Filing 13 NOTICE of Appearance of Counsel by Simon J. Frankel on behalf of Plantronics, Inc., Poly, Polycom, Inc. (Frankel, Simon)Attorney Simon J. Frankel added to party Plantronics, Inc.(pty:dft), Attorney Simon J. Frankel added to party Poly(pty:dft), Attorney Simon J. Frankel added to party Polycom, Inc.(pty:dft) |
| Filing 12 Corporate Disclosure Statement by Plantronics, Inc., Poly, Polycom, Inc. identifying Corporate Parent Plantronics, Inc. for Polycom, Inc. (Shin, Clara) (dlg). (jao). |
| Filing 11 Ex Parte MOTION for Extension of Time to File Answer to First Amended Complaint by Plantronics, Inc., Poly, Polycom, Inc.. (Attachments: #1 Declaration of Clara Shin in Support of Defendants' Ex Parte Application for Order Extending Time to Respond to First Amended Complaint, #2 Exhibit 1 to Declaration of Clara Shin)(Shin, Clara)Attorney Clara Jihye Shin added to party Plantronics, Inc.(pty:dft), Attorney Clara Jihye Shin added to party Poly(pty:dft), Attorney Clara Jihye Shin added to party Polycom, Inc.(pty:dft) (dlg). |
| Filing 10 SUMMONS Returned Executed by Performance Designed Products LLC.. Poly served. (Chapman, Laura) (dlg). |
| Filing 9 SUMMONS Returned Executed by Performance Designed Products LLC.. Polycom, Inc. served. (Chapman, Laura) (dlg). |
| Filing 8 SUMMONS Returned Executed by Performance Designed Products LLC.. Plantronics, Inc. served. (Chapman, Laura) (dlg). |
| Filing 7 SUMMONS Returned Executed by Performance Designed Products LLC.. Poly served. (Chapman, Laura) (dlg). |
| Filing 6 SUMMONS Returned Executed by Performance Designed Products LLC.. Polycom, Inc. served. (Chapman, Laura) (dlg). |
| Filing 5 SUMMONS Returned Executed by Performance Designed Products LLC.. Plantronics, Inc. served. (Chapman, Laura) (dlg). |
| Filing 4 AMENDED COMPLAINT with Jury Demand First Amended Complaint For Injunctive and Monetary Relief for: (1) Trademark Infringement and Unfair Competition Under the Lanham Act; (2) Common Law Trademark Infringement Under California State Law; (3) Unfair Business Competition Under California Business & Professions Code 17200; and (4) Denial of Federal Registration of Trademarks against DOES 1 to 10, Plantronics, Inc., Poly, Polycom, Inc., filed by Performance Designed Products LLC.. (Chapman, Laura) (dlg). |
| Filing 3 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (als) |
| Filing 2 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *88/320,811* cc:USPTO (als) |
| Filing 1 COMPLAINT with Jury Demand against DOES 1 to 10, Plantronics, Inc., Poly, Polycom, Inc. ( Filing fee $ 400 receipt number 0974-12325248.), filed by Performance Designed Products LLC.. (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-00536-GPC-LL. Judge Gonzalo P. Curiel and Magistrate Judge Linda Lopez are assigned to the case. (Chapman, Laura)(als) (sjt). |
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