Twins Special Co., Ltd. v. Twins Special, LLC et al
| Twins Special Co. Ltd. |
| Twins Special, LLC, Nicholas Mechling, Christopher Mechling, Does 1-10 and Twins Special |
| 3:2023cv00223 |
| February 6, 2023 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| David D Leshner |
| Jinsook Ohta |
| Nita L Stormes |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
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Filing 80
REPLY to Response to Motion re #70 MOTION for Preliminary Injunction ; Supporting Memorandum of Points and Authorities; Declarations of Wilai Wongprasterkarn; Pisit Chitsanitgul; and Matthew L. Seror in Support Thereof filed by Twins Special Co. Ltd.. (Seror, Matthew) (dlg).
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Filing 79
Amended 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. (exs)
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Filing 78
Second AMENDED COMPLAINT with Jury Demand (Seror, Matthew) (exs).
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Filing 77
RESPONSE in Opposition re #70 MOTION for Preliminary Injunction ; Supporting Memorandum of Points and Authorities; Declarations of Wilai Wongprasterkarn; Pisit Chitsanitgul; and Matthew L. Seror in Support Thereof filed by Christopher Mechling, Nicholas Mechling, Twins Special, LLC. (Attachments: #1 Declaration Declaration of Mary K. Wyman ISO Defendants' Oppo to Plaintiffs' Motion for Preliminary Injunction, #2 Declaration Declaration of Nicholas Mechling ISO Defendants' Oppo to Plaintiffs' Motion for Preliminary Injunction)(Mahoney, Matthew) (QC Maile sent re: /s/) (exs).
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Filing 76
ORDER granting [Dkt. 74] Joint Motion for Leave to File. Signed by Judge Jinsook Ohta on 3/22/2023. (no document attached)
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Filing 75
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Jinsook Ohta and Magistrate Judge David D. Leshner for all further proceedings. Judge Cynthia Bashant, Magistrate Judge Nita L. Stormes no longer assigned to case. Pending hearings previously set before the original Judge(s) have been transferred to the newly assigned Judge(s). Create association to 3:21-cv-00221-JO-DDL. The new case number is 23cv223-JO-DDL. Signed by Judge Cynthia Bashant on 3/20/23. Signed by Judge Jinsook Ohta on 3/14/23.(jmo)
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Filing 74
Joint MOTION for Leave to File Second Amended Complaint by Twins Special Co. Ltd.. (Seror, Matthew) (jmo).
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Filing 73
NOTICE OF WITHDRAWAL OF COUNSEL FOR PLAINTIFF; CERTIFICATE OF SERVICE by Twins Special Co. Ltd. (Bhandari, Sanjay) (jmo).
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Filing 72
NOTICE OF WITHDRAWAL OF MOTION TO WITHDRAW AS COUNSEL [DKT 71] by Twins Special Co. Ltd. re #71 MOTION to Withdraw as Attorney Notice of Withdrawal of Counsel for Plaintiff (Bhandari, Sanjay) (jmo).
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Filing 71
**DOCUMENT WITHDRAWN BY FILER PER #72 **MOTION to Withdraw as Attorney Notice of Withdrawal of Counsel for Plaintiff by Twins Special Co. Ltd.. (Bhandari, Sanjay) **QC Mailer that this is not a motion but a notice. Missing signature of withdrawing atty and not a motion. 3/13/2023** (jmo). Modified on 3/15/2023 (jmo).
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Filing 70
MOTION for Preliminary Injunction ; Supporting Memorandum of Points and Authorities; Declarations of Wilai Wongprasterkarn; Pisit Chitsanitgul; and Matthew L. Seror in Support Thereof by Twins Special Co. Ltd.. (Attachments: #1 Declaration Declaration of Pisit Chitsanitgul, #2 Declaration Declaration of Wilai Wongprasterkarn, #3 Declaration Declaration of Matthew L. Seror, #4 Exhibit Exhibit A to Declaration of Matthew L. Seror, #5 Exhibit Exhibit B to Declaration of Matthew L. Seror, #6 Exhibit Exhibit C to Declaration of Matthew L. Seror, #7 Exhibit Exhibit D to Declaration of Matthew L. Seror, #8 Exhibit Exhibit E to Declaration of Matthew L. Seror, #9 Exhibit Exhibit F to Declaration of Matthew L. Seror, #10 Exhibit Exhibit G to Declaration of Matthew L. Seror, #11 Exhibit Exhibit H to Declaration of Matthew L. Seror, #12 Exhibit Exhibit I to Declaration of Matthew L. Seror, #13 Exhibit Exhibit J to Declaration of Matthew L. Seror, #14 Exhibit Exhibit K to Declaration of Matthew L. Seror, #15 Exhibit Exhibit L to Declaration of Matthew L. Seror, #16 Exhibit Exhibit M to Declaration of Matthew L. Seror)(Seror, Matthew) (jmo).
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Filing 69
AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Twins Special Co. Ltd.. (Seror, Matthew) (ave).
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Filing 68
Order Granting Joint Motion for Leave to Amend (ECF No. #66 ). Plaintiff to file the Amended Complaint on or before 3/2/23. Signed by Judge Cynthia Bashant on 2/22/23. (All non-registered users served via U.S. Mail Service)(jmo)
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Filing 67
Minute Order: The Scheduling Conference set for 2/27/23 (see ECF No. 39) is VACATED, to be reset at a later time. Signed by Magistrate Judge Nita L. Stormes on 2/17/23.(tww)
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Filing 66
Joint MOTION Re: Filing of First Amended Complaint by Twins Special Co. Ltd.. (Attachments: #1 Proposed Order)(Seror, Matthew) **QC mailer re proposed orders not being filed on docket 2/15/2023** (jmo).
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Filing 65
NOTICE OF RELATED CASE(S) by Twins Special Co. Ltd. of case(s) 3:21-cv-00221-JO-DDL Simon Pouliot v. Nicholas Mechling and Christopher Mechling. (Seror, Matthew) (jmo).
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Filing 64
Judge Cynthia Bashant and Magistrate Judge Nita L. Stormes assigned to transfer case from District of Hawaii. (no document attached) (anh)
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Filing 63
Case transferred in from the District of Hawaii: Case Number 1:22-cv-00118-JAO-WRP. Original file received electronically.
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Filing 62
STIPULATION TO TRANSFER ACTION TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA AND ORDER - Signed by JUDGE JILL A. OTAKE on 2/6/2023. This action is TRANSFERRED to the United States District Court for the Southern District of California. Defendants Twins Special, LLC, Nicholas Mechling and Christopher Mechling's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in the Alternative, Motion to Transfer Pursuant to 28 U.S.C. Section 1404(a) is TERMINATED as moot.(jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 61
EP: Hearing on #31 Defendants Twins Special, LLC, Nicholas Mechling and Christopher Mechling's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in the Alternative, Motion to Transfer Pursuant to 28 U.S.C. Section 1404(a) was conducted by video teleconference. Oral arguments heard. #31 Defendants Twins Special, LLC, Nicholas Mechling and Christopher Mechling's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in the Alternative, Motion to Transfer Pursuant to 28 U.S.C. Section 1404(a) - TAKEN UNDER ADVISEMENT.Further briefing of no more than 10 pages is due on 2/3/23 regarding the first-to-file rule. Briefing should include a discussion of the first-to-file factors, in particular factors 2 and 3. As to the second factor, the parties should address: (1) whether it matters that Plaintiff is an intervenor in the SDCA case and (2) whether it matters that Twins LLC is not a party in that case but the Mechling defendants are. As to the third factor, the parties should address: (1) whether the contracts between Plaintiff and Defendants in this case are a central focus of the SDCA case and (2) whether there is a risk of inconsistent outcomes between the SDCA case and this case. Court to issue a written order after review of the supplemental briefing.(Reporter-Ann Matsumoto) (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 2/6/2023.]
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Filing 60
SUPPLEMENT re #56 Memorandum in Opposition to Motion,, filed by Twins Special Co., Ltd. by Twins Special Co., Ltd. (Plaintiffs Notice of Supplemental Authorities in Support of Plaintiff Twins Special Co., Ltd.s Opposition to Motion to Dismiss #56 ; Certificate of Service). (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 59
EO: At the 1/20/23 hearing on #31 Defendants' Second Motion to Dismiss for Lack of Jurisdiction, the parties should be prepared to answer whether the Court should invoke the first-to-file rule and either stay or transfer this case to the Southern District of California. (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 2/6/2023.]
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Filing 58
REPLY TO PLAINTIFFS OPPOSITION TO MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) OR, IN THE ALTERNATIVE, MOTION TO TRANSFER PURSUANT TO 28 U.S.C. SECTION 1404(a) filed by Christopher Mechling, Nicholas Mechling, Twins Special, LLC. (Attachments: #1 Declaration DECLARATION OF MARY K. WYMAN IN SUPPORT OF DEFENDANTS TWINS SPECIAL, LLC, NICHOLAS MECHLING AND CHRISTOPHER MECHLINGS REPLY TO PLAINTIFFS OPPOSITION TO MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) OR, IN THE ALTERNATIVE, MOTION TO TRANSFER PURSUANT TO 28 U.S.C. SECTION 1404(a), #2 Declaration DECLARATION OF BRUCE R. BABCOCK, ESQ. IN SUPPORT OF DEFENDANTS TWINS SPECIAL, LLC, NICHOLAS MECHLING AND CHRISTOPHER MECHLING'S REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) OR, IN THE ALTERNATIVE, MOTION TO TRANSFER PURSUANT TO 28 U.S.C. SECTION 1404(a), #3 Declaration DECLARATION OF CHRISTOPHER MECHLING IN SUPPORT OF DEFENDANTS TWINS SPECIAL, LLC, NICHOLAS MECHLING AND CHRISTOPHER ME CHLING' S REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) OR, IN THE ALTERNATIVE, MOTION TO TRANSFER PURSUANT TO 28 U.S.C. SECTION 1404(a), #4 Declaration DECLARATION OF NICHOLAS MECHLING IN SUPPORT OF DEFENDANTS TWINS SPECIAL, LLC, NICHOLAS MECHLING AND CHRISTOPHER MECHLING'S REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) OR, IN THE ALTERNATIVE, MOTION TO TRANSFER PURSUANT TO 28 U.S.C. SECTION 1404(a), #5 Supplement CERTIFICATE OF COMPLIANCE)(Wyman, Mary) [Transferred from Hawaii on 2/6/2023.]
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Filing 57
REQUEST Judicial Notice in Support of Plaintiff Twins Special Co., Ltd.'s Opposition to Motion to Dismiss by Twins Special Co., Ltd.. (Attachments: #1 Exhibit Exhibit 1)(Seror, Matthew) [Transferred from Hawaii on 2/6/2023.]
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Filing 56
MEMORANDUM in Opposition re #31 Second MOTION to Dismiss for Lack of Jurisdiction filed by Twins Special Co., Ltd.. (Attachments: #1 Declaration Declaration of Matthew L. Seror in Support of Opposition to Motion to Dismiss, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Part 1 of Exhibit 8, #10 Exhibit Part 2 of Exhibit 8, #11 Exhibit Part 3 of Exhibit 8)(Seror, Matthew) [Transferred from Hawaii on 2/6/2023.]
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Filing 55
ORDER AS TO LETTER BRIEFS FILED ON DECEMBER 7, 2022 ORDER re #51 , #52 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 12/9/2022. The Court DENIES Plaintiff's request to compel Defendants to respond to Special Interrogatory No. 1 to Nicholas Mechling, Special Interrogatory No. 2 to Christopher Mechling, Special Interrogatory No. 3 to Christopher Mechling, and Special Interrogatory No. 4 to Christopher Mechling.The Court GRANTS Plaintiff's request to compel Defendants to respond to Special Interrogatory No. 3 to Nicholas Mechling and SpecialInterrogatory No. 1 to Christopher Mechling.The Court GRANTS Plaintiff's request to compel Defendants to respond the following as modified by the Court: Special Interrogatory No. 1 to Twins Special, LLC, Special Interrogatory No. 2 to Twins Special, LLC, Special Interrogatory No. 2 to Nicholas Mechling, Special Interrogatory No. 4 to Nicholas Mechling, Special Interrogatory No. 5 to Nicholas Mechling, Special Interrogatory No. 6 to Nicholas Mechling, Special Interrogatory No. 7 to Nicholas Mechling, Special Interrogatory No. 5 to Christopher Mechling, and Special Interrogatory No. 6 to Christopher Mechling.Defendants shall provide verified responses no later than December 14, 2022.(jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 54
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Matthew M. Mahoney, Esq. re #47 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 12/7/2022.Attorney Matthew M. Mahoney added Pro Hac Vice for Defendants. (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 53
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Mary K. Wyman, Esq. re #46 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 12/7/2022.Attorney Mary K. Wyman added Pro Hac Vice for Defendants. (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 52
Letter Brief Pursuant to LR 37.1 by Christopher Mechling, Nicholas Mechling, Twins Special, LLC. (Meheula, William) [Transferred from Hawaii on 2/6/2023.]
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Filing 51
Letter Brief Pursuant to LR 37.1 by Twins Special Co., Ltd.. (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 50
AMENDED DOCUMENT by Christopher Mechling, Nicholas Mechling, Twins Special, LLC. Matthew M. Mahoney's Amended Declaration to Declaration of Counsel [Paragraph 7] in Motion to Appear Pro Hac Vice Filed December 1, 2022 [ECF No. 47]. (Meheula, William) [Transferred from Hawaii on 2/6/2023.]
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Filing 49
AMENDED DOCUMENT by Christopher Mechling, Nicholas Mechling, Twins Special, LLC. Mary K. Wyman's Amended Declaration to Declaration of Counsel [Paragraph 7] in Motion to Appear Pro Hac Vice Filed December 1, 2022 [ECF No. 46]. (Meheula, William) [Transferred from Hawaii on 2/6/2023.]
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Filing 48
EO: The Declarations of Counsel submitted in support of Defendant's Motions to Appear Pro Hac Vice for Mary Wyman and Matthew Mahoney, ECF Nos. #46 , #47 , do not contain complete information in Paragraph 7 regarding counsel's request to waive CM/ECF training. No later than 12/06/2022, Defendant shall file amended declarations. (MAGISTRATE JUDGE WES REBER PORTER) (jo) [Transferred from Hawaii on 2/6/2023.]
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Filing 47
MOTION for Pro Hac Vice Matthew Mahoney Filing fee $ 300, receipt number AHIDC-2770512.William Meheula appearing for Defendants Christopher Mechling, Nicholas Mechling (Meheula, William) [Transferred from Hawaii on 2/6/2023.]
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Filing 46
MOTION for Pro Hac Vice Mary Wyman Filing fee $ 300, receipt number AHIDC-2770483.William Meheula appearing for Defendants Christopher Mechling, Nicholas Mechling (Meheula, William) [Transferred from Hawaii on 2/6/2023.]
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Filing 45
EO: The parties have informed the Court that they will be filing letter briefs requesting expedited discovery assistance on 12/7/2022. See ECF No. #43 . The parties are reminded that they must confer in good faith pursuant to Local Rule 37.1(a) and that all letter briefs must comply with Local Rule 37.1(c), including the limitation that the letter briefs shall be five pages or less, inclusive of all exhibits. (MAGISTRATE JUDGE WES REBER PORTER) (jo) [Transferred from Hawaii on 2/6/2023.]
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Filing 44
EO: At the parties' request, see ECF No. 43, the Court CONTINUES the briefing deadlines previously set as to #31 Defendants Twins Special, LLC, Nicholas Mechling and Christopher Mechling's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in the Alternative, Motion to Transfer Pursuant to 28 U.S.C. Section 1404(a), as follows: Opposition is now due 12/23/22, Reply is now due 1/6/23. The hearing remains as previously set for 1/20/23 at 9:00 AM before JUDGE JILL A. OTAKE. See ECF No. 38. (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 2/6/2023.]
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Filing 43
Letter addressed to Judge Otake from Randall C. Whattoff, Esq., dated November 30, 2022, re: request to continue briefing deadlines on defendants' motion to dismiss. (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 42
CERTIFICATE OF SERVICE [Defendant Christopher Mechling's Answer to Plaintiff Twins Special Co. Ltd.'s First Request for Answers to Interrogatories Re Personal Jurisdiction Dated November 8, 2022] by Christopher Mechling, Nicholas Mechling (Meheula, William) Modified on 11/29/2022 (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 41
CERTIFICATE OF SERVICE [Defendant Nicholas Mechling's Answer to Plaintiff Twins Special Co. Ltd.'s First Request for Answers to Interrogatories Re Personal Jurisdiction Dated November 8, 2022] by Christopher Mechling, Nicholas Mechling (Meheula, William) Modified on 11/29/2022 (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 40
CERTIFICATE OF SERVICE by Twins Special Co., Ltd. (Re: (1) Plaintiff Twins Special Co., Ltd.s First Request for Answers to Interrogatories Re Personal Jurisdiction to Defendant Christopher Mechling; (2) Plaintiff Twins Special Co., Ltd.s First Request for Answers to Interrogatories Re Personal Jurisdiction to Defendant Nicholas Mechling; and (3) Plaintiff Twins Special Co., Ltd.s First Request for Answers to Interrogatories Re Personal Jurisdiction to Defendant Twins Special, LLC) (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 39
EO: Based on the continued hearing date for the pending Motion to Dismiss, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 1/30/2023 to 2/27/2023 at 9:00 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (jo) [Transferred from Hawaii on 2/6/2023.]
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Filing 38
EO: At the parties' request, see ECF No. #37 , the Court CONTINUES the briefing deadlines and hearing date previously set as to #31 Defendants Twins Special, LLC, Nicholas Mechling and Christopher Mechling's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in the Alternative, Motion to Transfer Pursuant to 28 U.S.C. Section 1404(a), see ECF No. 32, as follows: Opposition is now due 12/1/22, Reply is now due 12/14/22. Hearing is CONTINUED from 12/22/22 to 1/20/23 at 9:00 AM before JUDGE JILL A. OTAKE. The hearing will be conducted by video teleconference (VTC).The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) Requests for video access to VTC hearings by anyone who is not a party or attorney for a party must be emailed to otake_orders@hid.uscourts.gov, no later than 24 hours before the hearing. Any request received after this deadline will be automatically denied. Those granted access: (1) must timely log on and mute audio and video and during the proceeding; and (2) are prohibited from: (a) engaging in disruptive behavior, (b) sharing the login information with anyone, and (c) recording the hearing in any fashion. Failure to abide by these rules may result in expulsion from the hearing and/or the imposition of sanctions. (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 2/6/2023.]
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Filing 37
Letter addressed to Judge Otake from Randall C. Whattoff, Esq., dated November 4, 2022, re: request to continue hearing and briefing schedule on motion to dismiss. (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 36
CERTIFICATE OF SERVICE by Twins Special Co., Ltd. (RE: Plaintiff Twins Special Co., Ltd.s Notice of Taking Depositions Upon Oral Examination Related to Personal Jurisdiction) (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 35
Scheduling Conference Statement by Christopher Mechling, Nicholas Mechling. (Meheula, William) [Transferred from Hawaii on 2/6/2023.]
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Filing 34
EO: Based on the pending #31 Motion to Dismiss, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 11/1/2022 to 1/30/2023 at 9:00 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (jo) [Transferred from Hawaii on 2/6/2023.]
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Filing 33
REPORT of Planning Meeting (Plaintiff and Defendants Joint 26(f) Report of the Parties Planning Meeting; Certificate of Service). (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 32
NOTICE OF HEARING MOTION: #31 Defendants Twins Special, LLC, Nicholas Mechling and Christopher Mechling's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in the Alternative, Motion to Transfer Pursuant to 28 U.S.C. Section 1404(a) is SET for hearing before JUDGE JILL A. OTAKE at 9:00 AM on 12/22/22. Opposition is due 11/10/22, Reply is due 11/23/22. The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) Requests for video access to VTC hearings by anyone who is not a party or attorney for a party must be emailed to otake_orders@hid.uscourts.gov, no later than 24 hours before the hearing. Any request received after this deadline will be automatically denied. Those granted access: (1) must timely log on and mute audio and video and during the proceeding; and (2) are prohibited from: (a) engaging in disruptive behavior, (b) sharing the login information with anyone, and (c) recording the hearing in any fashion. Failure to abide by these rules may result in expulsion from the hearing and/or the imposition of sanctions. (shm) [Transferred from Hawaii on 2/6/2023.]
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Filing 31
Second MOTION to Dismiss for Lack of Jurisdiction William Meheula appearing for Defendants Christopher Mechling, Nicholas Mechling (Attachments: #1 Declaration Declaration of Nicholas Mechling, #2 Declaration Declaration of Christopher Mechling, #3 Declaration Declaration of William Meheula, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2, #6 Exhibit Exhibit 3, #7 Exhibit Exhibit 4, #8 Exhibit Exhibit 5, #9 Supplement Certificate of Compliance, #10 Certificate of Service Certificate of Service)(Meheula, William) [Transferred from Hawaii on 2/6/2023.]
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Filing 30
EO: Defendants filed a #29 Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in the Alternative, Motion to Transfer Pursuant to 28 U.S.C. Section 1404(a) without complying with Local Rule 7.8 or the General Civil Case Procedures Before Judge Otake. Local Rule 7.8 requires counsel for the movant to "discuss thoroughly... the substance of the contemplated motion and any potential partial or complete resolution" at least seven days before the motion is filed. If the parties are unable to reach resolution eliminating the necessity of the motion, the Court's General Civil Case Procedures further requires counsel for the movant to "include with the motion a statement indicating the date, duration, and communication method of the conference and the participants in the conference." The statement must additionally "detail the issues discussed and resolved during the conference and the issues remaining." Moreover, although Defendants' Certificate of Compliance represents that the memorandum is in Times New Roman 14 point font, ECF No. 29-9, it appears that 13.5 point font is utilized. Moreover, instead of double spacing, it appears that the memorandum uses 1.55 spacing. Local Rule 10.2(a) requires that all memoranda, including footnotes, utilize 14-point Times New Roman plain style, and that all documents be double spaced. Due to Defendants' failure to comply with the foregoing requirements, the Court STRIKES the Motion. If Defendants elect to refile the Motion, they must first comply with all necessary requirements and their submissions must comply with all applicable rules. (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 2/6/2023.]
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Filing 29
Document stricken pursuant to ECF No. 30 Minute Order: First MOTION to Dismiss for Lack of Jurisdiction William Meheula appearing for Defendants Christopher Mechling, Nicholas Mechling (Attachments: #1 Declaration Declaration of Nicholas Mechling, #2 Declaration Declaration of Christopher Mechling, #3 Declaration Declaration of William Meheula, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2, #6 Exhibit Exhibit 3, #7 Exhibit Exhibit 4, #8 Exhibit Exhibit 5, #9 Supplement Certificate of Compliance, #10 Certificate of Service Certificate of Service)(Meheula, William) Modified on 9/27/2022 (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 28
EO: The Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 10/3/2022 to 11/1/2022 at 9:15 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. Plaintiff shall inform Defendants. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (jo) [Transferred from Hawaii on 2/6/2023.]
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Filing 27
EO: The Court RESETS the Telephonic Rule 16 Scheduling Conference for 10/3/2022 at 8:45 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The Court VACATES the Telephonic Status Conference previously set for 9/13/2022 before Magistrate Judge Wes Reber Porter and Plaintiff's deadline to file a further Status Report. See ECF No. 25. Plaintiff shall inform Defendants. (MAGISTRATE JUDGE WES REBER PORTER)(laa) [Transferred from Hawaii on 2/6/2023.]
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Filing 26
SUMMONS Returned Executed by Twins Special Co., Ltd.. Christopher Mechling served on 9/1/2022. (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 25
EO: Based on Plaintiff's #24 Status Report Regarding Service, the Court CONVERTS the Telephonic Rule 16 Scheduling Conference set for 9/13/2022 to a Telephonic Status Conference on 9/13/2022 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. Plaintiff shall file a further Status Report regarding service by no later than 9/8/2022. (MAGISTRATE JUDGE WES REBER PORTER)(jp) [Transferred from Hawaii on 2/6/2023.]
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Filing 24
STATUS REPORT Regarding Service by Twins Special Co., Ltd.. (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 23
SUMMONS Returned Executed by Twins Special Co., Ltd.. Nicholas Mechling served on 8/4/2022. (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 22
SUMMONS Returned Executed by Twins Special Co., Ltd.. Twins Special, LLC served on 8/4/2022. (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 21
ORDER DENYING PLAINTIFF'S MOTION TO PERMIT SERVICE OF DEFENDANTS TWINS SPECIAL, LLC, NICHOLAS MECHLING, AND CHRISTOPHER MECHLING BY ALTERNATIVE METHODS re #20 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/7/2022. The Court DENIES Plaintiff's Motion to permit service on Defendants by alternative methods. Plaintiff is granted an additional 45 days from the date of this Order to effect service on Defendants pursuant to Rule 4. If, after diligent efforts, Plaintiff is unable to effect service without a further order from the Court, Plaintiff may file a renewed motion requesting to effect service by alternative methods that addresses the deficiencies noted above. Based on the foregoing, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 7/11/2022 to 9/13/2022 at 8:30 AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. Plaintiff shall inform Defendants of this change. Motions terminated re #20 MOTION to Permit Service of Defendants Twins Special, LLC, Nicholas Mechling, and Christopher Mechling by Alternative Methods. Telephonic Rule 16 Scheduling Conference is CONTINUED to 08:30AM on 9/13/2022 before MAGISTRATE JUDGE WES REBER PORTER. (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 20
MOTION to Permit Service of Defendants Twins Special, LLC, Nicholas Mechling, and Christopher Mechling by Alternative Methods Randall C. Whattoff appearing for Plaintiff Twins Special Co., Ltd. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Matthew L. Seror, #3 Exhibit A - Email, #4 Exhibit B - Secretary of State Stmt of Info, #5 Exhibit C - Resignation of Agent for Service of Process)(Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 19
EO: At Plaintiff's request, and to permit Plaintiff additional time to serve Defendants, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 5/23/2022 to 7/11/2022 at 10:00AM before MAGISTRATE JUDGE WES REBER PORTER via AT&T Connect Audio Conference at 1-888-278-0296 / Access Code: 8224751. Plaintiff shall inform Defendants. (MAGISTRATE JUDGE WES REBER PORTER)(jp) [Transferred from Hawaii on 2/6/2023.]
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COURT'S CERTIFICATE of Service - a copy of #1 Complaint, #18 Report on the Filing or Determination of an Action Regarding a Patent or Trademark has been served by First Class Mail to the Director of the U.S. Patent and Trademark Office at Mail Stop 8, P. O. Box 1450, Alexandria, VA 22313-1450 on 4/14/2022. (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 18
NOTICE by Twins Special Co., Ltd. (Report on the Filing or Determination of an Action Regarding a Patent or Trademark) Twins Special Co., Ltd.. (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 17
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MATTHEW L. SEROR re #13 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/8/2022. (eta) [Transferred from Hawaii on 2/6/2023.]
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Filing 16
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO SANJAY BHANDARI re #14 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 4/8/2022. (eta) [Transferred from Hawaii on 2/6/2023.]
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Filing 15
NOTICE of Appearance by Kamala S. Haake on behalf of Twins Special Co., Ltd. on behalf of Twins Special Co., Ltd.. (Haake, Kamala) [Transferred from Hawaii on 2/6/2023.]
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Filing 14
MOTION for Pro Hac Vice Sanjay Bhandari Filing fee $ 300, receipt number AHIDC-2665080.Randall C. Whattoff appearing for Plaintiff Twins Special Co., Ltd. (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 13
MOTION for Pro Hac Vice Matthew L. Seror Filing fee $ 300, receipt number AHIDC-2665069.Randall C. Whattoff appearing for Plaintiff Twins Special Co., Ltd. (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 12
Corporate Disclosure Statement by Twins Special Co., Ltd.. (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 11
NOTICE of Appearance by Randall C. Whattoff on behalf of Twins Special Co., Ltd. on behalf of Twins Special Co., Ltd.. (Whattoff, Randall) [Transferred from Hawaii on 2/6/2023.]
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Filing 10
EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(shm) [Transferred from Hawaii on 2/6/2023.]
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Filing 9
TRANSMITTAL of DOCUMENTS: Plaintiff's Counsel, please complete the attached AO120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark. Please submit to the Clerk's Office, U.S. District Court, District of Hawaii, using the filing event "Notice (Other)". The Clerk's Office will transmit the AO120 Report to the Director. (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 8
Summons Issued as to Christopher Mechling, Nicholas Mechling, Twins Special, LLC. (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 7
CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 6
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 5/23/2022 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/23/2022. (Attachments: #1 Memo Re: Corporate Disclosures) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.(jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 5
NOTICE of Case Assignment: Please reflect Civil case number CV 22-00118 JAO-WRP on all further pleadings. (jni) [Transferred from Hawaii on 2/6/2023.]
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Filing 4
CERTIFICATION and NOTICE of Interested Parties by Twins Special Co., LTD. (Wance, Douglas) Modified on 3/24/2022 (eta). [Transferred from Hawaii on 2/6/2023.]
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Filing 3
Summons (Proposed) (Wance, Douglas) [Transferred from Hawaii on 2/6/2023.]
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Filing 2
CIVIL Cover Sheet by Twins Special Co., LTD.. (Wance, Douglas) [Transferred from Hawaii on 2/6/2023.]
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Filing 1
COMPLAINT; Demand for Jury Trial against All Defendants ( Filing fee $ 402 receipt number AHIDC-2657720.), filed by Twins Special Co., LTD.(Wance, Douglas) Docket Text Modified on 3/22/2022 (jni) [Transferred from Hawaii on 2/6/2023.]
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