Ohana Surf Project LLC vs. Does 1-20, inclusive
| Ohana Surf Project LLC |
| Does 1-20, inclusive |
| 1:2023cv00026 |
| January 19, 2023 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Trademark |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Filing 12 EO: Per Plaintiff's 3/10/2023 request, the Telephonic Rule 16 Scheduling Conference set for 3/20/2023 at 09:00AM before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 5/25/2023 at 09:00AM. Scheduling conference statements must be filed by 5/18/2023. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 11 EO: On 2/7/2023, Plaintiff filed a [ECF #10 ] Motion for Leave to Serve a Subpoena on Google, LLC Prior to Discovery Conference ("Motion"). Plaintiff requests an order granting leave for expedited discovery prior to the Rule 26(f) conference in the form of a subpoena directed to non-party Google, LLC to assist in the identification of Doe Defendants. In deciding whether to permit early discovery, the Court looks at whether Plaintiff has shown good cause. See Bodyguard Productions, Inc. v. Doe 1, Civ. No. 17-00580 KJM, 2017 WL 10646466, at *2 (D. Haw. Dec. 20, 2017) (citation omitted). To determine whether Plaintiff established good cause, the Court examines various factors, "including whether plaintiff has made a prima facie showing..., whether plaintiff has identified the doe defendants with sufficient particularity, and whether the requested discovery is likely to lead to identifying information." Id. Although these factors are normally considered in copyright infringement cases, the Court finds them relevant to the determination of good cause in this case. The Court thus finds that the Motion falls short of establishing good cause and thus, the Motion is DENIED WITHOUT PREJUDICE. (MAGISTRATE JUDGE ROM TRADER)(laa) |
| Filing 10 MOTION for Leave to File and Serve Subpoena; Memorandum in Support of Motion Colin O. Miwa appearing for Plaintiff Ohana Surf Project LLC (Attachments: #1 Exhibit Exhibit A)(Miwa, Colin) Modified on 2/10/2023 (eta). |
| ADVISORY ENTRY. Submission of Proposed Orders - Please be advised that Document #10 MOTION for Leave to File and Serve Subpoena, filed by Ohana Surf Project LLC, requires the court's approval. If the filing party has not already done so, please email a proposed order in Microsoft Word format to the applicable chambers' email address (trader_orders@hid.uscourts.gov). The filing party may refer to Section 10.4 of the CM/ECF Procedures Guide for additional instructions and a list of chambers' email addresses. (eta) |
| ADVISORY ENTRY. Please disregard #9 Transmittal of Documents re AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark. No further action is necessary. (eta) |
| Filing 9 TRANSMITTAL of DOCUMENTS : Plaintiff's Counsel, please complete the attached AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark. For e-filing purposes, please select the filing event "Notice (Other)". The Clerk's Office will transmit the AO 120 Report to the Director. (eta) Modified on 1/20/2023 (eta). |
| Filing 8 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(eta) |
Filing 7
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 3/20/2023 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/19/2023. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WIT THE DOCUMENT. (eta)
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| Filing 6 Summons Issued as to Does 1-20, inclusive. (eta) |
| Filing 5 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00026 LEK-RT on all further pleadings. (eta) |
| Filing 4 CIVIL Cover Sheet by Ohana Surf Project LLC. (Miwa, Colin) |
| Filing 3 Corporate Disclosure Statement by Ohana Surf Project LLC. (Miwa, Colin) |
| Filing 2 Summons (Proposed) (Miwa, Colin) |
| Filing 1 COMPLAINT Complaint; Demand For Jury Trial, Exhibit "A" against All Plaintiffs ( Filing fee $ 402 receipt number AHIDC-2787256.), filed by Ohana Surf Project LLC. (Attachments: #1 Exhibit A)(Miwa, Colin) |
| NOTICE TO PARTIES RE: Corporate Disclosure Statements - Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) or 12.4(a) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (eta) |
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| Plaintiff: Ohana Surf Project LLC | |
| Represented By: | Colin O. Miwa |
| Represented By: | Keri Ann K.S. Krzykowski |
| Represented By: | Nathaniel Dang |
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| Defendant: Does 1-20, inclusive | |
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