NJOY, LLC v. Imiracle (HK) Limited et al
| NJOY, LLC |
| Imiracle (HK) Limited, Shenzhen iMiracle Technology Co., Ltd., Shenzhen Weiboli Technology Co. Ltd., Vapeonly Technology Co. Ltd., Guangdong Qisitech Co., Ltd., Shenzhen Han Technology Co., Ltd., Aroma Avenue Vape Shop, Cigarettes N More, Cloudhaven Vapors, Inc., Z Vapor Room, Empire Imports LLC, SV3 LLC doing business as Mi-One Brands and Thesy, LLC doing business as Element Vape |
| 3:2024cv00397 |
| February 28, 2024 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| Jill L Burkhardt |
| Marilyn L Huff |
| Other Statutory Actions |
| 28 U.S.C. § 1331 ss Fed. Question: Constitutionality of State Statutes |
| Plaintiff |
Docket Report
This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 45 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Aroma Avenue Vape Shop, Cigarettes N More, Cloudhaven Vapors, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Defendant's Motion to Dismiss)(Schutzman, Scott)Attorney Scott E Schutzman added to party Aroma Avenue Vape Shop(pty:dft), Attorney Scott E Schutzman added to party Cigarettes N More(pty:dft), Attorney Scott E Schutzman added to party Cloudhaven Vapors, Inc.(pty:dft) (mjw). |
| Filing 44 RESPONSE in Opposition re #30 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by NJOY, LLC. (Wulfe, Lauren) (mjw). |
| Filing 43 REPLY to Response to Motion re #21 MOTION for Preliminary Injunction and Notice of Motion filed by NJOY, LLC. (Wulfe, Lauren) (mjw). |
|
|
| Filing 41 RESPONSE in Opposition re #21 MOTION for Preliminary Injunction and Notice of Motion filed by Aroma Avenue Vape Shop, Cigarettes N More, Cloudhaven Vapors, Inc.. (Attachments: #1 Declaration of Scott E. Schutzman in Support of the Opposition of Defendants Z Vapor Room, Aroma Avenue Vape Shop, Cigarettes N More, and Cloudhaven Vapors, Inc., to Plaintiff's Motion for Preliminary Injunction)(Schutzman, Scott) (mjw). |
| Filing 40 PRO HAC APPROVED: John C. Massaro appearing for Plaintiff NJOY, LLC. (no document attached) (jrd) |
| Filing 39 Request to Appear Pro Hac Vice (Refer to ECF No. #7 for payment and receipt information.)(Application to be reviewed by Clerk.) (Massaro, John)(jrd) |
| Filing 38 PRO HAC APPROVED: David Edward Kouba, Paul W. Rodney appearing for Plaintiff NJOY, LLC (no document attached) (rmc) |
| Filing 37 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Rodney, Paul) (rmc). |
| Filing 36 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Kouba, David) (rmc). |
|
|
| Filing 34 Joint MOTION for Extension of Time to File Answer re #1 Complaint,, by Empire Imports LLC. (Sadat, Arash)Attorney Arash V. Sadat added to party Empire Imports LLC(pty:dft) (mjw). |
|
|
| Filing 32 Corporate Disclosure Statement by SV3 LLC. No Corporate Parents/Interested Parties. (Heyer, Eric) (mjw). |
| Filing 31 Corporate Disclosure Statement by TheSy, LLC. No Corporate Parents/Interested Parties. (Heyer, Eric) (mjw). |
| Filing 30 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by SV3 LLC, TheSy, LLC. (Attachments: #1 Memo of Points and Authorities)(Heyer, Eric) **QC Email sent. Multi-Part Motion filed as one.Please file a Notice of Withdrawal as to the incorrectly filed entry and refile the document(s) using the appropriate events. ** (mjw). Modified on 3/27/2024 **QC Mailer withdrawn. ** (mjw). |
| Filing 29 Joint MOTION for Extension of Time to File Answer re #17 Summons Returned Executed, #8 Summons Returned Executed, #1 Complaint,, #10 Summons Returned Executed, #9 Summons Returned Executed by Z Vapor Room. (Attachments: #1 Supplement Proposed Order)(Schutzman, Scott)Attorney Scott E Schutzman added to party Z Vapor Room(pty:dft)**QC Email sent. Pursuant to the Admin Policies & Procedures Manual, section II.h, proposed orders are to be E-mailed to the official E-mail address of the Judge assigned to the case.** (mjw). |
| Filing 28 PRO HAC APPROVED: Eric Heyer appearing for Defendants SV3 LLC, TheSy, LLC. (no document attached) (jrd) |
| Filing 27 PRO HAC APPROVED: James Christopher Fraser appearing for Defendants SV3 LLC, TheSy, LLC.(no document attached) (jrd) |
| Filing 26 Request to Appear Pro Hac Vice (Filing fee received: $224.00 receipt number ACASDC-18695609.)(Application to be reviewed by Clerk.) (Attachments: #1 Certificate of Good Standing)(Fraser, James)(jrd) |
| Filing 25 Request to Appear Pro Hac Vice (Filing fee received: $224.00 receipt number ACASDC-18695570.)(Application to be reviewed by Clerk.) (Attachments: #1 Certificate of Good Standing)(Heyer, Eric)(jrd) |
| Filing 24 MOTION to Serve Foreign Defendants by Email by NJOY, LLC. (Attachments: #1 Memo of Points and Authorities In Support of Motion to Serve by Email, #2 Declaration of Kristina Iliopoulos, #3 Proof of Service)(Iliopoulos, Kristina) (mjw). |
| Filing 23 NOTICE OF WITHDRAWAL OF DOCUMENT by NJOY, LLC re #22 MOTION to Serve Foreign Defendants by Email filed by NJOY, LLC . (Attachments: #1 Proof of Service)(Wulfe, Lauren)(mjw). |
| Filing 22 **Document withdrawn per ECF No. #23 ** MOTION to Serve Foreign Defendants by Email by NJOY, LLC. (Attachments: #1 Memo of Points and Authorities In Support of Motion to Serve by Email, #2 Declaration of Kristina Iliopoulos, #3 Proof of Service)(Wulfe, Lauren) **QC Email sent. Document Contains Wrong s/ signature. ** Modified on 3/21/2024 (mjw). |
| Filing 21 MOTION for Preliminary Injunction and Notice of Motion by NJOY, LLC. (Attachments: #1 Memo of Points and Authorities In Support of Motion for Preliminary Injunction, #2 Declaration of Lauren S. Wulfe, #3 Declaration of David Graham, #4 Declaration of R. Garrison Harvey Redacted, #5 Declaration of John Connolly, #6 Proof of Service)(Wulfe, Lauren) (mjw). ** Attachment restricted to Case Participants per Attorney Wulfe, Lauren request. ** (mjw) |
| Filing 20 SEALED LODGED Proposed Document re: #19 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Wulfe, Lauren) **When submitting proposed documents to be filed under seal in a civil case, the Clerk of the Court is unable to seal portions of a document. The entire document would be sealed. For further information on filing sealed documents, please refer to Section 2.j.1 of the ECF Administrative Policies and Procedures Manual.** (mjw). |
| Filing 19 MOTION to File Documents Under Seal (With attachments)(Wulfe, Lauren) ** QC email sent. When submitting proposed documents to be filed under seal in a civil case, the Clerk of the Court is unable to seal portions of a document. The entire document would be sealed. For further information on filing sealed documents, please refer to Section 2.j.1 of the ECF Administrative Policies and Procedures Manual.** (mjw). |
| Filing 18 SUMMONS Returned Executed by NJOY, LLC. Empire Imports LLC served. (Iliopoulos, Kristina) (mjw). |
| Filing 17 SUMMONS Returned Executed by NJOY, LLC. Cloudhaven Vapors, Inc. served. (Iliopoulos, Kristina) (mjw). |
| Filing 16 SUMMONS Returned Executed by NJOY, LLC. SV3 LLC served. (Iliopoulos, Kristina) (mjw). |
| Filing 15 SUMMONS Returned Executed by NJOY, LLC. Thesy, LLC served. (Iliopoulos, Kristina) (mjw). |
|
|
|
|
|
|
| Filing 11 Request to Appear Pro Hac Vice ( Filing fee received: $ 224 receipt number ACASDC-18646351.) (Application to be reviewed by Clerk.) (Rodney, Paul) (rmc). |
| Filing 10 SUMMONS Returned Executed by NJOY, LLC. Cigarettes N More served. (Wulfe, Lauren) (mjw). |
| Filing 9 SUMMONS Returned Executed by NJOY, LLC. Z Vapor Room served. (Wulfe, Lauren) (mjw). |
| Filing 8 SUMMONS Returned Executed by NJOY, LLC. Aroma Avenue Vape Shop served. (Wulfe, Lauren) (mjw). |
| Filing 7 Request to Appear Pro Hac Vice ( Filing fee received: $ 224 receipt number ACASDC-18642114.) (Application to be reviewed by Clerk.) (Massaro, John) (rmc). |
| Filing 6 MINUTE ORDER OF RECUSAL. Judge Marilyn L. Huff is no longer assigned. Case reassigned to Judge Cynthia Bashant for all further proceedings. The new case number is 24-cv-0397-BAS-JLB.(no document attached) (mjw) |
| Filing 5 Request to Appear Pro Hac Vice ( Filing fee received: $ 224 receipt number ACASDC-18637679.) (Application to be reviewed by Clerk.) (Kouba, David) (rmc). |
| Filing 4 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. (ggv) (sjt). |
| Filing 3 NOTICE OF RELATED CASE(S) by NJOY, LLC. (ggv) |
| Filing 2 Corporate Disclosure Statement by NJOY, LLC identifying Corporate Parent Altria Group, Inc. for NJOY, LLC. (ggv) |
| Filing 1 COMPLAINT with Jury Demand against Aroma Avenue Vape Shop, Cigarettes N More, Cloudhaven Vapors, Inc., Empire Imports LLC, Guangdong Qisitech Co., Ltd., Imiracle (HK) Limited, SV3 LLC, Shenzhen Han Technology Co., Ltd., Shenzhen Weiboli Technology Co. Ltd., Shenzhen iMiracle Technology Co., Ltd., Thesy, LLC, Vapeonly Technology Co. Ltd., Z Vapor Room ( Filing fee $ 405 receipt number ACASDC-18627804.), filed by NJOY, LLC. (Attachments: #1 Civil Cover Sheet)The new case number is 3:24-cv-397-H-JLB. Judge Marilyn L. Huff and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Wulfe, Lauren)(ggv) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.