La Michoacana Plus Ice Cream Parlor Corp, a California Corporation v. Windy City Paletas, a California Corporation et al
| La Michoacana Plus Ice Cream Parlor Corp, a California Corporation |
| Windy City Paletas, Inc., Ecuamex Paletas, Inc., a California Corporation, Sky Limit Enterprises II, Inc., KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Digmey Jaramillo and Kayla Rincon |
| 3:2024cv00631 |
| April 2, 2024 |
| US District Court for the Southern District of California |
| Marilyn L Huff |
| Michelle M Pettit |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| Both |
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| Filing 30 Case transferred in from District of Nevada; Case Number 2:23-cv-00279. Original file received electronically |
| Filing 31 Judge Marilyn L. Huff and Magistrate Judge Michelle M. Pettit assigned to transfer case from District of Nevada. (no document attached) (jpp) |
Filing 29
ORDER. IT IS THEREFORE ORDERED that defendants' motion to transfer (ECF No. #10 ) is GRANTED. IT IS FURTHER ORDERED that defendants' motion to dismiss (ECF No. #11 ) is denied without prejudice to move again before the transferee court.The Clerk of Court is kindly instructed to TRANSFER this case to the United States District Court for the Southern District of California and close the case in this district. Signed by Judge Cristina D. Silva on 3/31/2024. (Copies have been distributed pursuant to the NEF - JLB) [Transferred from Nevada on 4/3/2024.]
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| Filing 28 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (DRM) [Transferred from Nevada on 4/3/2024.] |
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Filing 27
SCHEDULING ORDER granting ECF No. #26 Stipulation : Discovery due by 10/29/2024. Dispositive Motions due by 12/30/2024. Proposed Joint Pretrial Order due by 1/27/2025. Signed by Magistrate Judge Daniel J. Albregts on 2/5/2024. (Copies have been distributed pursuant to the NEF - DRM) [Transferred from Nevada on 4/3/2024.]
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| Filing 26 STIPULATION FOR EXTENSION OF TIME (First Request) by Plaintiff La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. (Welch, David) (extend) (discovery) [Transferred from Nevada on 4/3/2024.] |
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Filing 25
ORDER Granting #24 Stipulation for the Substitution of Counsel. Signed by Magistrate Judge Daniel J. Albregts on 1/26/2024.(Copies have been distributed pursuant to the NEF - RJDG) (Main Document 25 replaced on 1/29/2024) (RJDG). [Transferred from Nevada on 4/3/2024.]
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| Filing 24 STIPULATION and [Proposed] Order for the Substitution of Counsel by Defendants Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc.. (Fountain, Jonathan) (other) (attorney) [Transferred from Nevada on 4/3/2024.] |
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Filing 23
ORDER Granting #22 Stipulation for Protective Order. Signed by Magistrate Judge Daniel J. Albregts on 9/27/2023.(Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 4/3/2024.]
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| Filing 22 Joint STIPULATION for Protective Order by Plaintiff La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. (Welch, David) (other) (protective) [Transferred from Nevada on 4/3/2024.] |
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Filing 21
ORDER Granting #20 Stipulated Discovery Plan. Discovery due by 3/29/2024. Motions due by 5/28/2024. Proposed Joint Pretrial Order due by 6/27/2024. Signed by Magistrate Judge Daniel J. Albregts on 5/31/2023. (Copies have been distributed pursuant to the NEF - AMMi) [Transferred from Nevada on 4/3/2024.]
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| Filing 20 Stipulated Discovery Plan and Scheduling Order by Plaintiff La Michoacana Plus Ice Cream Parlor Corp, a California Corporation.. (Welch, David) [Transferred from Nevada on 4/3/2024.] |
| Filing 19 SUMMONS Returned Executed by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. Sky Limit Enterprises II, Inc. served on 3/6/2023. (Welch, David) [Transferred from Nevada on 4/3/2024.] |
| Filing 18 SUMMONS Returned Executed by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation re #1 Complaint,,,,,,. Ecuamex Paletas, Inc., a California Corporation served on 3/3/2023. (Welch, David) [Transferred from Nevada on 4/3/2024.] |
| Filing 17 SUMMONS Returned Executed by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation re #1 Complaint,,,,,,. Digmey Jaramillo served on 3/11/2023. (Welch, David) [Transferred from Nevada on 4/3/2024.] |
| Filing 16 SUMMONS Returned Executed by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation re #1 Complaint,,,,,,. Arturo Miranda served on 3/3/2023. (Welch, David) [Transferred from Nevada on 4/3/2024.] |
| Filing 15 REPLY to Response to #10 Motion to Change Venue/Transfer, #11 Motion to Dismiss,,, by Defendants Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc.. (Fountain, Jonathan) [Transferred from Nevada on 4/3/2024.] |
| Filing 14 RESPONSE to #10 Motion to Change Venue/Transfer, #11 Motion to Dismiss,,, by Plaintiff La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. Replies due by 4/20/2023. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Welch, David) [Transferred from Nevada on 4/3/2024.] |
| Filing 13 NOTICE of Interested Parties by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation.. (Welch, David) [Transferred from Nevada on 4/3/2024.] |
| Filing 12 REQUEST for Judicial Notice re #10 Motion to Change Venue/Transfer, #11 Motion to Dismiss,,, by Defendants Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc... (Attachments: #1 Exhibit 1 - Superior Court of California Complaint, #2 Exhibit 2 - Proof of Service - Summons)(Fountain, Jonathan) [Transferred from Nevada on 4/3/2024.] |
| Filing 11 MOTION to Dismiss by Defendants Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc.. Responses due by 4/13/2023. Certificate of Interested Parties due by 4/9/2023. Discovery Plan/Scheduling Order due by 5/14/2023. (Attachments: #1 Declaration of Digmey Jaramillo, #2 Declaration of Arthuro Miranda, #3 Declaration of Kayla Rincon)(Fountain, Jonathan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 4/3/2024.] |
| Filing 10 MOTION to Change Venue or Transfer. Responses due by 4/13/2023. (Attachments: #1 Declaration of Digmey Jaramillo, #2 Declaration of Arthuro Miranda, #3 Declaration of Kayla Rincon)(Fountain, Jonathan) [Transferred from Nevada on 4/3/2024.] |
| Filing 9 CERTIFICATE of Interested Parties by Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc. that identifies all parties that have an interest in the outcome of this case. Other Affiliate Dominique Miranda for Windy City Paletas, Inc. added.. (Fountain, Jonathan) [Transferred from Nevada on 4/3/2024.] |
| Filing 8 CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by La Michoacana Plus Ice Cream Parlor Corp. Certificate of Interested Parties due by 3/27/2023. (no image attached) (WJ) [Transferred from Nevada on 4/3/2024.] |
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Filing 7
ORDER Granting #5 Verified Petition for Permission to Practice Pro Hac Vice for David M. Greeley and approving Designation of Local Counsel as to Jonathan W. Fountain. Signed by Judge Cristina D. Silva on 3/20/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - LOE) [Transferred from Nevada on 4/3/2024.]
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| Filing 6 First AMENDED COMPLAINT with Jury Demand against All Defendants by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. No changes to parties. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit Index) (Welch, David) [Transferred from Nevada on 4/3/2024.] |
| Filing 5 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by David M. Greeley and DESIGNATION of Local Counsel Jonathan W. Fountain (Filing fee $ 250 receipt number ANVDC-7239574) by Defendants Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc.. (Attachments: #1 Certificate of Good Standing)(Fountain, Jonathan) [Transferred from Nevada on 4/3/2024.] |
| Filing 4 SUMMONS ISSUED as to Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arthuro Miranda, Kayla Rincon, Sky Limit Enterprise, Inc., a California Corporation, Windy City Paletas, a California Corporation. (LOE) [Transferred from Nevada on 4/3/2024.] |
| Filing 3 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Complaint) (AO 120 and Complaint have been emailed - LOE) [Transferred from Nevada on 4/3/2024.] |
| Filing 2 STANDING ORDER. This case has been assigned to the Honorable Judge Cristina D. Silva. Judge Silva's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - LOE) [Transferred from Nevada on 4/3/2024.] |
| Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Daniel J. Albregts. (LOE) [Transferred from Nevada on 4/3/2024.] |
| Filing 1 COMPLAINT against Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arthuro Miranda, Kayla Rincon, Sky Limit Enterprise, Inc., a California Corporation, Windy City Paletas, a California Corporation (Filing fee $402 receipt number ANVDC-7214736) by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. Proof of service due by 5/23/2023. (Attachments: #1 Index Exhibit Index, #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 Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21, #23 Exhibit Exhibit 22, #24 Exhibit Exhibit 23, #25 Errata Exhibit 24, #26 Exhibit Exhibit 25, #27 Exhibit Exhibit 26, #28 Exhibit Exhibit 27, #29 Civil Cover Sheet Civil Cover Sheet, #30 Summons Summons, #31 Summons Summons, #32 Summons Summons, #33 Summons Summons, #34 Summons Summons, #35 Summons Summons, #36 Summons Summons) (Welch, David) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 4/3/2024.] |
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