VITAL PHARMACEUTICALS, INC. v. BANG DIAMONDS LLC
| Vital Pharmaceuticals, Inc a Florida corporation doing business as Bang Energy |
| BANG DIAMONDS LLC |
| 3:2022cv01292 |
| August 30, 2022 |
| US District Court for the Southern District of California |
| San Diego Office |
| Karen S Crawford |
| Todd W Robinson |
| Trademark |
| 15 U.S.C. § 0044 |
| None |
Docket Report
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This docket was last retrieved on October 25, 2022. A more recent docket listing may be available from PACER.
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Filing 36
ORDER re Plaintiff's Notice of Extension #34 . Signed by Magistrate Judge Karen S. Crawford on 10/25/2022.(jpp)
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Filing 35
ORDER granting #30 Motion to Withdraw as Attorney. Attorney Preston James Fields, Sr terminated. Signed by Judge Todd W. Robinson on 10/18/2022. (fth)
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Filing 34
NOTICE OF EXTENSION OF DEADLINES PURSUANT TO SECTION 108 OF THE UNITED STATES BANKRUPTCY CODE by Vital Pharmaceuticals, Inc (Mabe, Kyle) (fth).
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Filing 33
NOTICE AND ORDER Setting Early Neutral Evaluation Conference; Rule 26 Compliance; and Case Management Conference. Early Neutral Evaluation set for 11/21/2022 02:00 PM before Magistrate Judge Karen S. Crawford. Case Management Conference set for 11/21/2022 02:00 PM before Magistrate Judge Karen S. Crawford. Joint Discovery Plan due 11/14/2022. Signed by Magistrate Judge Karen S. Crawford on 10/11/2022. (fth)
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Filing 32
NOTICE of Appearance by Kyle Aaron Mabe on behalf of Vital Pharmaceuticals, Inc (Mabe, Kyle)Attorney Kyle Aaron Mabe added to party Vital Pharmaceuticals, Inc(pty:pla) (fth).
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Filing 31
STATUS REPORT by BANG DIAMONDS LLC. (Lila, Ben) (fth).
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Filing 30
MOTION to Withdraw as Attorney for Preston James Fields by BANG DIAMONDS LLC. (Mandour, Joseph)Attorney Joseph A Mandour, III added to party BANG DIAMONDS LLC(pty:dft)
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Filing 29
Minute Order by Magistrate Judge Karen S. Crawford: The parties are ordered to file a Joint Status Report no later than 10/10/2022. The Joint Status Report must apprise the Court of (1) the filing date of defendant's anticipated responsive pleading(s) to plaintiff's Complaint; (2) whether and to what extent the parties have engaged in any discovery, including the specific fact and expert discovery conducted to date and any remaining discovery to be completed; (3) whether the parties engaged in mediation as ordered by the Florida District Court [Doc. No. 19] and the status of such mediation efforts; (4) whether the parties have otherwise engaged in any informal settlement discussions and the status of same; and (5) any other pertinent information the parties wish to bring to the attention of the Court. The Joint Status Report shall not exceed five pages in length. Signed by Magistrate Judge Karen S. Crawford on 9/27/2022.(itp)
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Filing 27
Case transferred in from District of Florida Southern; Case Number 0:22-cv-60155. Original file received electronically
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Filing 28
Judge Todd W. Robinson and Magistrate Judge Karen S. Crawford assigned to transfer case from Southern District of Florida. (no document attached) (jpp)
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Filing 26
ORDER GRANTING IN PART AND DENYING IN PART #20 Motion to Dismiss for Lack of Jurisdiction. The Clerk is directed to TRANSFER this case to the United States District Court for the Southern District of California. Signed by Judge Beth Bloom on 8/29/2022. See attached document for full details. (caw) [Transferred from Florida Southern on 8/31/2022.]
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Filing 25
RESPONSE in Support re #20 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint or, in the Alternative, Transfer Venue filed by BANG DIAMONDS LLC. (Fields, Preston) [Transferred from Florida Southern on 8/31/2022.]
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Filing 24
RESPONSE in Opposition re #20 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint or, in the Alternative, Transfer Venue filed by Vital Pharmaceuticals, Inc.. Replies due by 4/22/2022. (Attachments: #1 Exhibit, #2 Exhibit)(Angueira, Alexander) [Transferred from Florida Southern on 8/31/2022.]
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Filing 23
ORDER Scheduling Mediation before Harry R. Schafer via Zoom video conference. On or before October 31, 2022, the parties shall file a mediation report. Mediation Hearing set for 10/28/2022 10:00 AM Signed by Judge Beth Bloom on 4/1/2022. See attached document for full details. (vmz) [Transferred from Florida Southern on 8/31/2022.]
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Filing 22
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by BANG DIAMONDS LLC (Fields, Preston) [Transferred from Florida Southern on 8/31/2022.]
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Filing 21
Corrected NOTICE of Mediator Selection and Hearing. Selected/Added Harry R. Schafer as Mediator. Mediation Hearing set for 10/28/2022 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Angueira, Alexander) [Transferred from Florida Southern on 8/31/2022.]
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Filing 20
Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint or, in the Alternative, Transfer Venue by BANG DIAMONDS LLC. Responses due by 4/15/2022 (Attachments: #1 Exhibit Declaration of Kevin Diep, #2 Text of Proposed Order Proposed Order Granting Motion)(Fields, Preston) [Transferred from Florida Southern on 8/31/2022.]
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Filing 19
PAPERLESS ORDER re ECF No. #18 Notice of Mediator Selection and/or Hearing filed by Harry R. Schafer. THIS CAUSE is before the Court upon a sua sponte review of the record. On March 11, 2022, the Court ordered the parties to jointly file a proposed order scheduling mediation, setting forth their selected mediator pursuant to Local Rule 16.2, and a time, date, and place for mediation. ECF No. #15 ("Scheduling Order "). On March 31, 2022, the parties filed a notice of mediator selection, but failed to designate a time for the mediation. ECF No. #18 ("Notice "). Accordingly, it is ORDERED AND ADJUDGED that no later than April 4, 2022, the parties shall file a supplemental notice and proposed order scheduling mediation, as required by the Scheduling Order. Failure to comply will result in sanctions, including, but not limited to, dismissal without prejudice without further notice.The parties are reminded that pursuant to the procedures outlined in the CM/ECF Administrative Procedures, the proposed order is also to be emailed to bloom@flsd.uscourts.gov in Word format. The CM/ECF Administrative Procedures may be viewed at http://www.flsd.uscourts.gov. All other deadlines set forth in the Scheduling Order shall remain strictly in place. Signed by Judge Beth Bloom (gm00) [Transferred from Florida Southern on 8/31/2022.]
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Filing 18
Joint NOTICE of Mediator Selection and Hearing. Selected/Added Harry R. Schafer as Mediator. Mediation Hearing set for 10/28/2022. (Attachments: #1 Text of Proposed Order)(Angueira, Alexander) [Transferred from Florida Southern on 8/31/2022.]
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Filing 17
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Vital Pharmaceuticals, Inc. (Angueira, Alexander) [Transferred from Florida Southern on 8/31/2022.]
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Filing 16
Plaintiff's Corporate Disclosure Statement by Vital Pharmaceuticals, Inc. (Angueira, Alexander) [Transferred from Florida Southern on 8/31/2022.]
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Filing 15
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE: ( Amended Pleadings due by 5/10/2022., Discovery due by 11/15/2022., Expert Discovery due by 11/15/2022., Joinder of Parties due by 5/10/2022., Mediation Deadline 11/29/2022., In Limine Motions due by 12/7/2022., Dispositive Motions due by 12/7/2022., Motions due by 12/7/2022., Pretrial Stipulation due by 2/27/2023., Jury Trial set for 3/13/2023 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 3/7/2023 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 11/29/2022.), and ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Discovery Matters. Signed by Judge Beth Bloom on 3/11/2022. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 8/31/2022.]
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Filing 14
Joint SCHEDULING REPORT - Rule 16.1 by Vital Pharmaceuticals, Inc. (Attachments: #1 Text of Proposed Order Proposed Order)(Hurtes, Daniel) [Transferred from Florida Southern on 8/31/2022.]
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Filing 13
PAPERLESS ORDER granting #12 Motion to Withdraw as Attorney. Anabela Bello representing Vital Pharmaceuticals, Inc. (Plaintiff) is permitted to withdraw from case. Signed by Judge Beth Bloom (BB) [Transferred from Florida Southern on 8/31/2022.]
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Filing 12
Unopposed MOTION to Withdraw as Attorney of Record by Anabela Bello for / by Vital Pharmaceuticals, Inc.. Responses due by 3/9/2022 (Bello, Anabela) [Transferred from Florida Southern on 8/31/2022.]
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Filing 11
WAIVER OF SERVICE Returned Executed by Vital Pharmaceuticals, Inc.. BANG DIAMONDS LLC waiver sent on 2/21/2022, response/answer due 4/22/2022. (Hurtes, Daniel) [Transferred from Florida Southern on 8/31/2022.]
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Filing 10
ORDER TO FILE PROOF OF SERVICE Signed by Judge Beth Bloom on 2/18/2022. See attached document for full details. (pcs) [Transferred from Florida Southern on 8/31/2022.]
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Filing 9
PAPERLESS ORDER granting ECF No. #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ben T. Lila. Signed by Judge Beth Bloom (ta00) [Transferred from Florida Southern on 8/31/2022.]
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Filing 8
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ben T. Lila. Filing Fee $ 200.00 Receipt # AFLSDC-15409888 by BANG DIAMONDS LLC. Responses due by 3/3/2022 (Attachments: #1 Certification Certification of Ben T. Lila, #2 Text of Proposed Order Proposed Order Granting)(Fields, Preston) [Transferred from Florida Southern on 8/31/2022.]
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Filing 7
NOTICE of Attorney Appearance by Preston James Fields, Sr on behalf of BANG DIAMONDS LLC. Attorney Preston James Fields, Sr added to party BANG DIAMONDS LLC(pty:dft). (Fields, Preston) [Transferred from Florida Southern on 8/31/2022.]
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Filing 6
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 1/21/2022. See attached document for full details. (drz) [Transferred from Florida Southern on 8/31/2022.]
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Filing 5
Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) [Transferred from Florida Southern on 8/31/2022.]
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Filing 4
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint) (drz) [Transferred from Florida Southern on 8/31/2022.]
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Filing 3
Summons Issued as to BANG DIAMONDS LLC. (drz) [Transferred from Florida Southern on 8/31/2022.]
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Filing 2
Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) [Transferred from Florida Southern on 8/31/2022.]
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Filing 1
COMPLAINT against BANG DIAMONDS LLC. Filing fees $ 402.00 receipt number AFLSDC-15334276, filed by VITAL PHARMACEUTICALS, INC., d/b/a BANG ENERGY. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Bello, Anabela) [Transferred from Florida Southern on 8/31/2022.]
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