Insurance King Agency, Inc. v. Digital Media Solutions, LLC et al
Plaintiff: Insurance King Agency, Inc.
Defendant: Digital Media Solutions, LLC, Underground Elephant doing business as UE.CO doing business as ZipQuote.com and Does 1-15
Case Number: 3:2021cv01539
Filed: August 31, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Cynthia Bashant
Referring Judge: Daniel E Butcher
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2022 Opinion or Order Filing 25 ANSWER to #24 Amended Complaint, by Digital Media Solutions, LLC.(Ramsey, Jay) (jmo).
February 8, 2022 Opinion or Order Filing 24 AMENDED COMPLAINT with Jury Demand against Digital Media Solutions, LLC, Underground Elephant, filed by Insurance King Agency, Inc.. (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) (Kidde, Thomas) (jmo).
February 8, 2022 Opinion or Order Filing 23 Order Granting Joint Motion for Leave to File First Amended Complaint (ECF No. #22 . On or before 2/14/22, Plaintiff shall file the proposed amended pleading attached as Exhibit A to the joint motion as its First Amended Complaint. Signed by Judge Cynthia Bashant on 2/8/22. (jmo)
February 7, 2022 Opinion or Order Filing 22 Joint MOTION for Leave to File First Amended Complaint by Insurance King Agency, Inc.. (Attachments: #1 Exhibit A to Joint Motion for Leave to File First Amended Complaint, #2 Exhibit A to FAC, #3 Exhibit B to FAC, #4 Exhibit C to FAC, #5 Exhibit D to FAC, #6 Exhibit E to FAC, #7 Exhibit F to FAC, #8 Exhibit G to FAC, #9 Exhibit H to FAC, #10 Exhibit I to FAC)(Kidde, Thomas) (jmo).
January 25, 2022 Opinion or Order Filing 21 SCHEDULING ORDER:( Status Conference set for 4/1/2022 11:00 AM before Magistrate Judge Daniel E. Butcher., Mandatory Settlement Conference set for 6/15/2022 02:00 PM before Magistrate Judge Daniel E. Butcher., Proposed Pretrial Order due by 2/6/2023., Final Pretrial Conference set for 2/13/2023 11:00 AM before Judge Cynthia Bashant., Jury Trial set for 4/11/2023 10:30 AM before Judge Cynthia Bashant.), Set/Reset Deadlines as to ( Responses due by 3/28/2023, Motion In Limine Hearing set for 4/3/2023 10:30 AM before Judge Cynthia Bashant.) Signed by Magistrate Judge Daniel E. Butcher on 1/25/2022.(zda)
January 25, 2022 Opinion or Order Filing 20 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Case Management Conference and Status Conference held on 1/25/2022. (Plaintiff Attorney Daniel C. DeCarlo). (Defendant Attorney Jay Ramsey). (no document attached) (Dech, E.)
January 14, 2022 Opinion or Order Filing 19 Order Granting Joint Motion for Stipulated Protective Order (Dkt. No. #18 and Entering Protective Order. Signed by Magistrate Judge Daniel E. Butcher on 1/14/22. (jmo)
January 12, 2022 Opinion or Order Filing 18 Joint MOTION for Protective Order by Insurance King Agency, Inc.. (Attachments: #1 Exhibit A)(Kidde, Thomas) (jmo).
December 16, 2021 Opinion or Order Filing 17 Order: (1) Granting Joint Motion for Preliminary Injunction (ECF No. #16 ); and (2) Denying Plaintiff's Motion for Preliminary Injunction as Moot (ECF No. #12 ). This injunction will go into effect upon Plaintiff's posting of the bond, and thereafter will remain in force until final judgment is entered in this case or until otherwise ordered by the Court. Signed by Judge Cynthia Bashant on 12/16/21. (jmo)
December 15, 2021 Opinion or Order Filing 16 Joint MOTION for Preliminary Injunction by Insurance King Agency, Inc.. (Attachments: #1 Exhibit A)(Kidde, Thomas) (jmo).
December 10, 2021 Opinion or Order Filing 15 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Status Conference held on 12/10/2021. Because settlement discussions are ongoing, the Case Management Conference was not held. A telephonic Status Conference is set for 1/25/2022 at 11:00 AM. To join the Conference, counsel must call the Court's teleconference line at 1-888-398-2342, enter access code 8389272, and press * if prompted for a security code. (Plaintiff Attorney Daniel C. DeCarlo). (Defendant Attorney Jay Ramsey and Sean Moynihan). (no document attached) (Dech, E.)
December 8, 2021 Opinion or Order Filing 14 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: An Early Neutral Evaluation Conference was held on 12/8/2021. Because settlement discussions are ongoing, the Case Management Conference was not held. A Status Conference is set for 12/10/2021 at 10:30 AM. The Status Conference will be held by Zoom. The Court will provide Zoom instructions beforehand. (Plaintiff Attorney Daniel C. DeCarlo). (Defendant Attorneys Jay Ramsey and Jacob Brainard). (no document attached) (Dech, E.)
December 1, 2021 Opinion or Order Filing 13 JOINT DISCOVERY PLAN by Insurance King Agency, Inc. (Kidde, Thomas) (jmo).
November 30, 2021 Opinion or Order Filing 12 MOTION for Preliminary Injunction by Insurance King Agency, Inc.. (Attachments: #1 Memo of Points and Authorities In Support of Motion for Preliminary Injunction, #2 Declaration of Daniel A. Block, #3 Exhibit A to Declaration of Daniel A. Block, #4 Declaration of Thomas S. Kidde, #5 Exhibit A - G to Declaration of Thomas S. Kidde)(Kidde, Thomas) (jmo).
November 30, 2021 Opinion or Order Filing 11 NOTICE of Withdrawal of DKT #10 by Insurance King Agency, Inc. re #10 MOTION for Preliminary Injunction (Kidde, Thomas) (jmo).
November 29, 2021 Opinion or Order Filing 10 **DOCUMENT WITHDRAWN BY FILER PER ECF NO. #11 **MOTION for Preliminary Injunction by Insurance King Agency, Inc.. (Attachments: #1 Memo of Points and Authorities In Support of Motion for Preliminary Injunction, #2 Declaration of Daniel A. Block, #3 Exhibit A to Declaration of Daniel A. Block, #4 Declaration of Thomas S. Kidde, #5 Exhibit A - G to Declaration of Thomas S. Kidde)(Kidde, Thomas) **QC Mailer re: filed using other users account. (jmo). Modified on 12/1/2021 to withdraw (jmo).
November 8, 2021 Opinion or Order Filing 9 NOTICE of Appearance by Thomas Sloan Kidde on behalf of Insurance King Agency, Inc. (Kidde, Thomas)Attorney Thomas Sloan Kidde added to party Insurance King Agency, Inc.(pty:pla) (jmo).
November 8, 2021 Opinion or Order Filing 8 Amended ANSWER to Complaint by Digital Media Solutions, LLC.(Ramsey, Jay) (jmo).
October 27, 2021 Opinion or Order Filing 7 NOTICE AND ORDER for Early Neutral Evaluation Conference; Rule 26 Compliance; and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 12/8/2021 01:30 PM before Magistrate Judge Daniel E. Butcher. Joint Discovery Plan due 12/1/2021. Signed by Magistrate Judge Daniel E. Butcher on 10/27/2021.(zda)
October 26, 2021 Opinion or Order Filing 6 ANSWER to #1 Complaint,, by Digital Media Solutions, LLC, Does 1-15, Underground Elephant.(Ramsey, Jay)Attorney Jay T Ramsey added to party Does 1-15(pty:dft), Attorney Jay T Ramsey added to party Underground Elephant(pty:dft) (zda).
September 20, 2021 Opinion or Order Filing 5 Order Granting Joint Motion to Extend Time to Respond to Complaint (ECF No. #4 ). Defendants, Digital Media Solutions, LLC., Underground Elephant d/b/a UE.co, and zipquote.com, shall answer or otherwise respond to the Complaint on or before 10/26/2021. Signed by Judge Cynthia Bashant on 9/20/21. (jmo)
September 15, 2021 Opinion or Order Filing 4 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Digital Media Solutions, LLC. (Ramsey, Jay)Attorney Jay T Ramsey added to party Digital Media Solutions, LLC(pty:dft) Modified on 9/15/2021 to correct text (jmo).
August 31, 2021 Opinion or Order 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. (smd) (sjt).
August 31, 2021 Opinion or Order Filing 2 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *4,628,343*, *4,628,341* cc:USPTO (smd) (sjt).
August 31, 2021 Opinion or Order Filing 1 COMPLAINT with Jury Demand against Digital Media Solutions, LLC, Does 1-15, Underground Elephant ( Filing fee $ 402 receipt number ACASDC-16087559.), filed by Insurance King Agency, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)The new case number is 3:21-cv-1539-BAS-DEB. Judge Cynthia Bashant and Magistrate Judge Daniel E. Butcher are assigned to the case. (DeCarlo, Daniel)(smd)(sjt).

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Plaintiff: Insurance King Agency, Inc.
Represented By: Daniel C DeCarlo
Represented By: Thomas Sloan Kidde
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Defendant: Digital Media Solutions, LLC
Represented By: Jay T Ramsey
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Defendant: Underground Elephant doing business as UE.CO doing business as ZipQuote.com
Represented By: Jay T Ramsey
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Defendant: Does 1-15
Represented By: Jay T Ramsey
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