Vitalyte Sports Nutrition Inc. v. Revitalyte LLC et al
| Vitalyte Sports Nutrition Inc. |
| Does 1-10 and Revitalyte LLC |
| 3:2021cv00880 |
| May 7, 2021 |
| US District Court for the Southern District of California |
| Jinsook Ohta |
| Janis L Sammartino |
| Bernard G Skomal |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 3, 2023. A more recent docket listing may be available from PACER.
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Filing 51
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 1/18/2023, before Judge Jinsook Ohta. Court Reporter/Transcriber Abigail R. Torres. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/24/2023. Redacted Transcript Deadline set for 4/3/2023. Release of Transcript Restriction set for 6/1/2023. (smy1)
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Filing 48
Order Granting Plaintiff's Motion to Preclude; Denying Defendant's Motion for Summary Judgment; and Granting Motions to Seal. Signed by Judge Jinsook Ohta on 2/13/2023. (exs)
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Filing 47
Minute Entry for proceedings held before Judge Jinsook Ohta: Motion Hearing held on 1/18/2023 re #33 MOTION to Preclude Certain Testimony of Revitalyte's Damages Expert filed by Vitalyte Sports Nutrition Inc., #37 MOTION for Summary Judgment (Redacted) filed by Revitalyte LLC. The Court will issue a written order. Final Pretrial Conference set for 8/2/2023 09:30 AM in Courtroom 4C before Judge Jinsook Ohta. Jury Trial set for 8/21/2023 09:00 AM in Courtroom 4C before Judge Jinsook Ohta. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Gazal Pour-Moezzi). (Defendant Attorney Mary Declan Hallerman). (no document attached) (smy)
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Filing 46
Minute Order by Judge Jinsook Ohta: The Court sets a hearing on the Daubert motion to preclude [Dkt. 33] for 1/18/2023 at 9:30 AM in Courtroom 4C. Parties may appear in person or by videoconference. The courtroom deputy will provide videoconference information prior to the hearing. Signed by Judge Jinsook Ohta on 1/3/2023.(no document attached) (sjc)
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Filing 45
Order by Judge Jinsook Ohta: The attached civil chambers rules will take effect immediately. Parties should especially note the meet and confer requirements prior to obtaining a hearing date for a noticed motion. (smy)
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Filing 44
Minute Order by Judge Jinsook Ohta: The Court sets a hearing on the pending motion for summary judgment [Dkt. 37] for 1/18/2023 at 9:30 AM in Courtroom 4C. Counsel and parties may appear in person or by videoconference. The courtroom deputy will provide videoconference details prior to the hearing. Signed by Judge Jinsook Ohta on 10/26/2022.(no document attached) (sjc)
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Filing 43
REPLY to Response to Motion re #37 MOTION for Summary Judgment (Redacted) filed by Revitalyte LLC. (Hallerman, Mary) (axc).
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Filing 42
REPLY to Response to Motion re #33 MOTION to Preclude Certain Testimony of Revitalyte's Damages Expert filed by Vitalyte Sports Nutrition Inc.. (Daucher, Brian) (axc).
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Filing 41
RESPONSE in Opposition re #33 MOTION to Preclude Certain Testimony of Revitalyte's Damages Expert filed by Revitalyte LLC. (Attachments: #1 Hallerman Declaration, #2 Exhibit 1 to Hallerman Declaration)(Hallerman, Mary) (exs).
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Filing 40
RESPONSE in Opposition re #37 MOTION for Summary Judgment (Redacted) filed by Vitalyte Sports Nutrition Inc.. (Attachments: #1 Affidavit Declaration of Evan Lucas ISO Vitalyte's Opposition to Revitalyte's Motion for Summary Judgment, #2 Exhibit A to Declaration of Evan Lucas, #3 Exhibit B to Declaration of Evan Lucas, #4 Exhibit C to Declaration of Evan Lucas, #5 Exhibit D to Declaration of Evan Lucas, #6 Exhibit E to Declaration of Evan Lucas, #7 Exhibit F to Declaration of Evan Lucas, #8 Exhibit G to Declaration of Evan Lucas, #9 Exhibit H to Declaration of Evan Lucas, #10 Exhibit I to Declaration of Evan Lucas, #11 Exhibit J to Declaration of Evan Lucas, #12 Exhibit K to Declaration of Evan Lucas, #13 Exhibit L to Declaration of Evan Lucas, #14 Exhibit M to Declaration of Evan Lucas, #15 Exhibit N to Declaration of Evan Lucas, #16 Affidavit Declaration of Gazal Pour-Moezzi ISO Vitalyte's Opposition to Revitalyte's Motion for Summary Judgment, #17 Exhibit A to Declaration of Gazal Pour-Moezzi, #18 Exhibit B to Declaration of Gazal Pour-Moezzi, #19 Exhibit C to Declaration of Gazal Pour-Moezzi, #20 Exhibit D to Declaration of Gazal Pour-Moezzi, #21 Exhibit E to Declaration of Gazal Pour-Moezzi, #22 Exhibit F to Declaration of Gazal Pour-Moezzi, #23 Exhibit G to Declaration of Gazal Pour-Moezzi, #24 Exhibit H to Declaration of Gazal Pour-Moezzi, #25 Exhibit I to Declaration of Gazal Pour-Moezzi, #26 Exhibit J to Declaration of Gazal Pour-Moezzi, #27 Exhibit K to Declaration of Gazal Pour-Moezzi, #28 Exhibit L to Declaration of Gazal Pour-Moezzi, #29 Exhibit M to Declaration of Gazal Pour-Moezzi)(Daucher, Brian) (exs).
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Filing 39
Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Mandatory Settlement Conference held on 8/2/2022. Case did not settle. Parties may jointly contact Judge Skomal's chambers for an additional settlement conference following ruling on motion for summary judgment.(Plaintiff Attorney Brian Daucher, Gazal Pour-Moezzi). (Defendant Attorney Mary Hallerman). (Evan Lucas, Ryan Leonard, A.J. LaGoo).(no document attached) (rxa)
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Filing 38
ORDER: (1) Continuing Mandatory Settlement Conference (2) Converting Mandatory Settlement Conference to Zoom. Mandatory Settlement Conference set for 8/2/2022 02:00 PM before Magistrate Judge Bernard G. Skomal.Signed by Magistrate Judge Bernard G. Skomal on 7/18/2022.(axc)
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Filing 37
MOTION for Summary Judgment (Redacted) by Revitalyte LLC. (Attachments: #1 Statement of Facts Statement of Facts - Redacted, #2 Declaration Leonard Declaration - Redacted, #3 Exhibit Leonard Exhibit 1, #4 Exhibit Leonard Exhibit 2 - Sealed, #5 Exhibit Leonard Exhibit 3, #6 Exhibit Leonard Exhibit 4, #7 Exhibit Leonard Exhibit 5, #8 Exhibit Leonard Exhibit 6, #9 Exhibit Leonard Exhibit 7, #10 Exhibit Leonard Exhibit 8, #11 Exhibit Leonard Exhibit 9, #12 Exhibit Leonard Exhibit 10 - Sealed, #13 Exhibit Leonard Exhibit 11 - Sealed, #14 Exhibit Leonard Exhibit 12 - Sealed, #15 Exhibit Leonard Exhibit 13 - Sealed, #16 Declaration Hallerman Declaration, #17 Exhibit Hallerman Exhibit 1, #18 Exhibit Hallerman Exhibit 2, #19 Exhibit Hallerman Exhibit 3, #20 Exhibit Hallerman Exhibit 4, #21 Exhibit Hallerman Exhibit 5 - Sealed, #22 Exhibit Hallerman Exhibit 6, #23 Exhibit Hallerman Exhibit 7 - Sealed, #24 Exhibit Hallerman Exhibit 8, #25 Exhibit Hallerman Exhibit 9, #26 Exhibit Hallerman Exhibit 10, #27 Exhibit Hallerman Exhibit 11 - Sealed, #28 Exhibit Hallerman Exhibit 12 - Sealed, #29 Exhibit Hallerman Exhibit 13 - Sealed, #30 Exhibit Hallerman Exhibit 14, #31 Exhibit Hallerman Exhibit 15, #32 Exhibit Hallerman Exhibit 16, #33 Exhibit Hallerman Exhibit 17)(Hallerman, Mary) (axc).
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Filing 36
**Documents filed under seal at ECF 50 , per Order #48 *** SEALED LODGED Proposed Document re: #35 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Hallerman, Mary) (ddf). Modified to seal on 2/13/2023 (exs).
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Filing 35
MOTION to File Documents Under Seal (Hallerman, Mary) (ddf). Modified to seal on 2/13/2023 (exs).
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Filing 34
CERTIFICATE OF SERVICE by Vitalyte Sports Nutrition Inc. (Pour-Moezzi, Gazal) (axc).
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Filing 33
MOTION to Preclude Certain Testimony of Revitalyte's Damages Expert by Vitalyte Sports Nutrition Inc.. (Attachments: #1 Declaration of Gazal Pour Moezzi ISO Motion to Preclude Certain Testimony, #2 Exhibit A - Revitalyte's Initial Disclosures, #3 Exhibit B - Redacted Excerpt of Leonard Depo, #4 Exhibit C - Redacted Lagoo Expert Report, #5 Exhibit D - Lagoo Resume)(Pour-Moezzi, Gazal) (axc).
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Filing 32
*****Documents filed under seal at ECF 49 , per Order #48 *** SEALED LODGED Proposed Document re: #31 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Pour-Moezzi, Gazal) (ddf). Modified to seal on 2/13/2023 (exs).
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Filing 31
MOTION to File Documents Under Seal (With attachments)(Pour-Moezzi, Gazal) (ddf).
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Filing 30
ORDER Granting Motion to Extend Pretrial Motions Deadline [ECF #29 ]. Signed by Magistrate Judge Bernard G. Skomal on 5/18/2022. (axc)
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Filing 29
Joint MOTION to Continue Joint Motion to Extend Pretrial Motions Deadline by Vitalyte Sports Nutrition Inc.. (Attachments: #1 Declaration of Gazal Pour-Moezzi ISO Joint Motion to Extend Pretrial Motions Deadline)(Pour-Moezzi, Gazal) (axc).
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Filing 28
ORDER granting Joint Motion to Extend Pretrial Motions Deadline #27 . The deadline for filing pretrial motions is extended to May 25, 2022. (no document attached) (sjc)
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Filing 27
Joint MOTION to Continue Joint Motion to Extend Pretrial Motions Deadline by Vitalyte Sports Nutrition Inc.. (Attachments: #1 Declaration Declaration of Gazal Pour-Moezzi ISO Joint Motion to Extend Pretrial Motions Deadline)(Pour-Moezzi, Gazal) (axc).
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Filing 26
ORDER Granting In Part Joint Motion Regarding Timing of Expert Discovery (ECF #25 ). Signed by Magistrate Judge Bernard G. Skomal on 4/1/2022. (axc)
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Filing 25
Joint MOTION for Extension of Time to Complete Discovery Joint Motion Regarding Timing of Expert Discovery by Vitalyte Sports Nutrition Inc.. (Attachments: #1 Declaration Declaration of Gazal Pour-Moezzi ISO Joint Motion Regarding Timing of Expert Discovery)(Pour-Moezzi, Gazal)(ave).
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Filing 24
ORDER granting #23 Joint Motion Regarding Terms and Timing of Expert Discovery. Signed by Magistrate Judge Bernard G. Skomal on 3/1/2022. (axc)
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Filing 23
Joint MOTION for Extension of Time to Complete Discovery Joint Motion Regarding Terms and Timing of Expert Discovery by Vitalyte Sports Nutrition Inc.. (Attachments: #1 Declaration Declaration of Gazal Pour-Moezzi ISO Joint Motion Regarding Terms and Timing of Expert Discovery)(Pour-Moezzi, Gazal) (axc).
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Filing 22
ORDER OF TRANSFER: This case is transferred from the calendar of the Honorable Janis L. Sammartino to the calendar of the Honorable Jinsook Ohta. All dates currently set before Judge Sammartino are vacated and will be reset by Judge Ohta. Dates before the Magistrate Judge are unaffected by this Order. The new case number is 21cv880 JO (BGS). Signed by Judge Janis L. Sammartino on 01/04/2022.(jcj)
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Filing 21
ORDER Granting #20 Joint Motion to Extend Fact Discovery Deadline. Signed by Magistrate Judge Bernard G. Skomal on 11/19/2021. (tcf)
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Filing 20
Joint MOTION for Extension of Time to Complete Discovery by Vitalyte Sports Nutrition Inc. (Pour-Moezzi, Gazal) (tcf).
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Filing 19
ORDER Granting #18 Joint Motion for Entry of Stipulated Protective Order. Signed by Magistrate Judge Bernard G. Skomal on 9/1/2021. (tcf)
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Filing 18
Joint MOTION for Protective Order by Vitalyte Sports Nutrition Inc. (Daucher, Brian) (jrm).
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Filing 17
SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. A Mandatory Settlement Conference is set for 7/27/2022 at 2:00 PM before Magistrate Judge Bernard G. Skomal. The Memoranda of Contentions of Fact and Law is due by 8/11/2022. The Proposed Pretrial Order is due by 9/1/2022. The Final Pretrial Conference is set for 9/8/2022 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Magistrate Judge Bernard G. Skomal on 8/9/2021. (tcf)
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Filing 16
Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Early Neutral Evaluation and Case Management Conference held on 8/4/2021. Case did not settle. Court to issue Scheduling Order.(Plaintiff Attorney Brian Daucher, Gazal Pour-Moezzi). (Defendant Attorney John J. Dabney, Mary D. Hallerman). (Evan Lucas, Ryan Leonard, A.J. LaGoo).(no document attached) (rxa)
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Filing 15
JOINT DISCOVERY PLAN by Vitalyte Sports Nutrition Inc. re #11 Notice and Order for Early Neutral Evaluation conference (Daucher, Brian) (tcf).
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Filing 14
ANSWER to #8 Answer to Complaint,, Counterclaim, by Vitalyte Sports Nutrition Inc.(Daucher, Brian) (tcf).
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Filing 13
ORDER Approving the Pro Hac Vice Application of Mary Declan Hallerman (Re: ECF No. #12 Request to Appear Pro Hac Vice). Signed by Judge Janis L. Sammartino on 6/14/2021.(jrd)
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Filing 12
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15823630.) (Application to be reviewed by Clerk.) (Hallerman, Mary) (rmc).
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Filing 11
NOTICE AND ORDER: (1) For Early Neutral Evaluation Conference, (2) Setting Rule 26 Compliance and Case Management Conference. An Early Neutral Evaluation will be held on 8/4/2021 at 2:00 PM before Magistrate Judge Bernard G. Skomal via video conference. In the event the case does not settle at the ENE, a Case Management Conference, pursuant to Federal Rule of Civil Procedure 16(b) will be held at the conclusion of the settlement conference. A Joint Discovery Plan is due on 7/21/2021. Signed by Magistrate Judge Bernard G. Skomal on 6/9/2021. (tcf)
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Filing 10
Corporate Disclosure Statement by Revitalyte LLC. No Corporate Parents/Interested Parties. (Bright, Christopher) (tcf).
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Filing 9
NOTICE of Party With Financial Interest by Revitalyte LLC (Bright, Christopher) (tcf)
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Filing 8
ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Vitalyte Sports Nutrition Inc. by Revitalyte LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bright, Christopher)Attorney Christopher Duane Bright added to party Revitalyte LLC(pty:dft) (tcf).
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Filing 7
SUMMONS Returned Executed by Vitalyte Sports Nutrition Inc. Revitalyte LLC served. (Daucher, Brian) (tcf).
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Filing 6
NOTICE of Appearance by Gazal Pour-Moezzi on behalf of Vitalyte Sports Nutrition Inc. (Pour-Moezzi, Gazal)Attorney Gazal Pour-Moezzi added to party Vitalyte Sports Nutrition Inc.(pty:pla) (tcf).
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Filing 5
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. (fth) (dlg).
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Filing 4
REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *4,758,351*, *5,932,402* cc:USPTO (fth) (dlg).
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Filing 3
NOTICE of Party With Financial Interest by Vitalyte Sports Nutrition Inc. No Parties With Financial Interest. (fth) (dlg).
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Filing 2
Corporate Disclosure Statement by Vitalyte Sports Nutrition Inc. No Corporate Parents/Interested Parties. (fth) (dlg)
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Filing 1
COMPLAINT with Jury Demand against Revitalyte LLC, Does 1-10 ( Filing fee $ 402 receipt number ACASDC-15704044.), filed by Vitalyte Sports Nutrition Inc. (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-880-JLS-BGS. Judge Janis L. Sammartino and Magistrate Judge Bernard G. Skomal are assigned to the case. (Daucher, Brian)(fth) (dlg).
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