On Demand Direct Response, LLC et al v. McCart-Pollak
Plaintiff: On Demand Direct Response III, LLC and On Demand Direct Response, LLC
Defendant: Shana Lee McCart-Pollak
Case Number: 2:2015cv01576
Filed: August 17, 2015
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Miranda M. Du
Presiding Judge: Cam Ferenbach
Nature of Suit: Trademark
Cause of Action: 15:1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 30, 2019 Opinion or Order Filing 475 DEFAULT JUDGMENT in favor of Shana Lee McCart-Pollak against As Seen on TV, Inc., Dragon-I Toys Ltd.. Re: 474 Order on Motion for Judgment, Minute Order. Signed by Chief Judge Miranda M. Du on 9/30/2019. (Copies have been distributed pursuant to the NEF - PAV)
August 29, 2019 Opinion or Order Filing 466 AMENDED DEFAULT JUDGMENT (re ECF No. 363 Default Judgment) : Default judgment is hereby entered in favor of Shana Lee McCart-Pollak, and against On Demand Direct Response, LLC and On Demand Direct Response III, LLC in the amount of $537,097.92. Signed by Clerk of Court Debra K. Kempi on 8/29/2019. (Copies have been distributed pursuant to the NEF - DRM)
August 26, 2019 Opinion or Order Filing 463 ORDER that Pollak's motion for sanctions (ECF No. 393 ) is denied; Tony Abbatangelo may file a renewed motion to withdraw as counsel by 9/10/2019. Signed by Judge Miranda M. Du on 8/26/2019. (Copies have been distributed pursuant to the NEF - LH)
June 17, 2019 Opinion or Order Filing 456 ORDER and REPORT AND RECOMMENDATION : ORDERED that McCart-Pollak's Motion to Enforce Court Order (ECF No. 429 ) is granted, in part, and denied, in part, according to the provisions herein. IT IS HEREBY RECOMMENDED that Defendan t/Counter-Plaintiff McCart-Pollak's Motion for Further Contempt Proceedings (ECF No. 428 ) be granted as specified herein. Objections to R&R due by 7/1/2019. Signed by Magistrate Judge George Foley, Jr on 6/17/2019. (Copies have been distributed pursuant to the NEF - DRM)
April 25, 2019 Opinion or Order Filing 446 ORDER that Non-Party Jay International, Hong Kong Limiteds ("Jay at Play") Motion for Protective Order (ECF No. 424 ) is granted, in part, and denied, in part, according to the provisions herein order. Signed by Magistrate Judge George Foley, Jr on 4/25/2019. (Copies have been distributed pursuant to the NEF - LH)
April 22, 2019 Opinion or Order Filing 443 ORDER granting ECF No. 442 Stipulation : McCart-Polak's Deadline to Prove-Up Damages extended to 6/21/1019. Signed by Magistrate Judge George Foley, Jr on 4/22/2019. (Copies have been distributed pursuant to the NEF - DRM)
March 28, 2019 Opinion or Order Filing 436 ORDER that Pollak's motion for reconsideration (ECF No. 413 ) is denied. Signed by Judge Miranda M. Du on 3/28/2019. (Copies have been distributed pursuant to the NEF - LH)
March 25, 2019 Opinion or Order Filing 434 ORDER AND REPORT AND RECOMMENDATION. IT IS HEREBY ORDERED that the Court hereby withdraws its grant of costs to McCartPollak for expenses incurred in relation to her motions to compel compliance with a subpoena to produce documents on non par ties Spiral Toys and Mark Meyers according to the provisions herein. IT IS HEREBY RECOMMENDED that the district court enter an order regarding Spiral Toys as follows (1) finding Spiral Toys in civil contempt for failing without adequate excuse to obey the subpoena served upon it by McCart-Pollak on October 24, 2018; and (2) ordering Spiral Toys to pay McCart-Pollak's reasonable costs for bringing her motion to compel in the amount of $18.81. IT IS FURTHER RECOMMENDED that the d istrict court partially grant McCartPollak's request for contempt and issue an order to show cause why contempt sanctions should not be entered against Mark Meyers. Objections to R&R due by 4/8/2019. Signed by Magistrate Judge George Foley, Jr on 3/25/2019. (Copies have been distributed pursuant to the NEF - LH)
February 25, 2019 Opinion or Order Filing 421 ORDER granting ECF No. 420 Stipulation for Extension of Time Regarding Shana lee McCart-Pollak's Deadline for Prove Up Damages. Deadline for McCart-Pollak's prove-up is due by 4/22/2019. Signed by Magistrate Judge George Foley, Jr on 2/25/2019. (Copies have been distributed pursuant to the NEF - KW)
February 20, 2019 Opinion or Order Filing 418 ORDER granting ECF No. 417 Stipulation for Extension of Time Regarding Briefing on ECF No. 413 Motion for Reconsideration. Harrington's Response due by 2/27/2019. McCart-Pollak's Reply due by 3/13/2019. Signed by Judge Miranda M. Du on 2/20/2019. (Copies have been distributed pursuant to the NEF - KW)
January 29, 2019 Opinion or Order Filing 411 ORDERED that Defendant McCart-Pollak's Motion to Compel Compliance with Subpoena to Produce Documents (ECF No. 405 ) is granted. IT IS FURTHER ORDERED that McCart-Pollak shall file her application for costs no later than February 8, 2019. Signed by Magistrate Judge George Foley, Jr on 1/29/2019. (Copies have been distributed pursuant to the NEF - DRM)
January 18, 2019 Opinion or Order Filing 409 ORDER that Plaintiff's Motion for Permission to Serve Non-Party Subpoena on Jay at Play (ECF No. 402 ) is granted. Signed by Magistrate Judge George Foley, Jr on 1/18/2019. (Copies have been distributed pursuant to the NEF - LH)
January 14, 2019 Opinion or Order Filing 408 ORDER that Defendant Shana Lee McCart-Pollak's Motion to Compel Compliance with Subpoena to Produce Documents (ECF No. 399 ) is granted; McCart-Pollak shall file her application for costs no later than January 21, 2019; Plaintiffs On Demand Direct Response III, LLC and On Demand Direct Response LLC's and Defendant McCart-Pollak's Joint Motion Regarding Due Date (ECF No. 401 ) is granted; McCart-Pollak shall have until February 15, 2019 to seek discove ry from Spiral Toys as indicated previously and within this Order. McCart-Pollak may file a renewed motion to calculate damages no later than February 22, 2019. Signed by Magistrate Judge George Foley, Jr on 1/14/2019. (Copies have been distributed pursuant to the NEF - LH)
October 16, 2018 Opinion or Order Filing 390 ORDER DENYING without prejudice the renewed Motion to calculate damages for default judgment (ECF No. 380 ). The discovery period is REOPENED through December 17, 2018 for the purpose specified herein. A second renewed motion to calculate damages shall be filed by December 17, 2018, and must show with reasonable certainty On Demand's profits. (See pdf order for details and specifics.) Signed by Magistrate Judge Nancy J. Koppe on 10/16/2018. (Copies have been distributed pursuant to the NEF - DRM)
September 14, 2018 Opinion or Order Filing 387 ORDER re Ms. McCart-Pollak's renewed motion to calculate damages (ECF No. 380 ). The Court hereby SETS a prove-up hearing for 10:00 a.m. on October 16, 2018, in LV Courtroom 3D. Signed by Magistrate Judge Nancy J. Koppe on 9/14/2018. (Copies have been distributed pursuant to the NEF - LH)
July 27, 2018 Opinion or Order Filing 377 AMENDED STIPULATED CONFIDENTIALITY AGREEMENT and PROTECTIVE ORDER pursuant to ECF No. 376 . Signed by Magistrate Judge Nancy J. Koppe on 7/27/2018. (Copies have been distributed pursuant to the NEF - KW)
July 12, 2018 Opinion or Order Filing 371 ORDER that the Court STRIKES Ms. McCart-Pollak's notices (ECF Nos. 368 , 369 , 370 ), and instructs the parties to refrain from filing discovery documents on the docket in the future absent a Court order that they do so. Signed by Magistrate Judge Nancy J. Koppe on 7/12/2018. (Copies have been distributed pursuant to the NEF - LH)
June 20, 2018 Opinion or Order Filing 363 DEFAULT JUDGMENT in favor of Shana Lee McCart-Pollak against On Demand Direct pursuant to ECF No. 362 Order. Signed by Clerk of Court Debra K. Kempi on 6/20/2018. (Copies have been distributed pursuant to the NEF - KW)
June 19, 2018 Opinion or Order Filing 362 ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE NANCY J. KOPPE ECF No. 341 . Clerk directed to enter default judgment in favor of McCart-Pollak on her counterclaims against On Demand. Signed by Judge Miranda M. Du on 6/19/2018. (Copies have been distributed pursuant to the NEF - KW)
May 25, 2018 Opinion or Order Filing 359 ORDER that the pending motion to calculate costs (ECF No. 348 ) is GRANTED in part and DENIED in part. Signed by Magistrate Judge Nancy J. Koppe on 5/25/2018. (Copies have been distributed pursuant to the NEF - LH)
May 23, 2018 Opinion or Order Filing 358 ORDER re ECF No. 357 Stipulated Protective Order, directing counsel to comply with the requirements of Local Rule IA 10-5, the Ninth Circuit's decision in Kamakana, 447 F.3d 1172, and the procedures outlined above, with respect to any documents filed under seal. To the extent any aspect of the stipulated protective order may conflict with this order or Local Rule IA 10-5, that aspect of the stipulated protective order is hereby superseded with this order. Signed by Magistrate Judge Nancy J. Koppe on 5/23/2018. (Copies have been distributed pursuant to the NEF - KR)
May 15, 2018 Opinion or Order Filing 355 ORDER - The Court CAUTIONS Mr. Harrington and his counsel that they must comply with all applicable rules and all orders moving forward. FAILURE TO DO SO MAY RESULT IN THE IMPOSITION OF SANCTIONS, UP TO AND INCLUDING CASE-DISPOSITIVE SA NCTIONS. As this is the second such warning, see Docket No. 310 at 5, Mr. Harrington and his counsel should expect the imposition of sanctions for future violations. In all other respects, the order to show cause is DISCHARGED. Signed by Magistrate Judge Nancy J. Koppe on 5/15/2018. (Copies have been distributed pursuant to the NEF - DRM)
April 30, 2018 Opinion or Order Filing 345 ORDER; ORDER TO SHOW CAUSE. The Motion to Enforce ECF No. 326 is GRANTED; motion for sanctions is hereby GRANTED as to Ms. McCart-Pollak's costs; Mr. Harrington, Michael Feder and Gabriel Blumberg are ORDERED to show cause in writing by 5/14/2018, why they should not be sanctioned (See order for further details and information). Signed by Magistrate Judge Nancy J. Koppe on 4/30/2018. (Copies have been distributed pursuant to the NEF - KW)
April 20, 2018 Opinion or Order Filing 342 ORDER granting ECF No. 294 Motion to Compel and for Sanctions. Court urges Ms. McCart-Pollak and On Demand's counsel to confer on an amount of costs to be awarded. If an agreement cannot be made, Ms. McCart-Pollak shall file a "Motion to Calculate Costs" by 5/4/2018. Signed by Magistrate Judge Nancy J. Koppe on 4/20/2018. (Copies have been distributed pursuant to the NEF - KW)
March 8, 2018 Opinion or Order Filing 323 ORDER that On Demand shall file a supplement by 3/22/2018 identifying whether the third-party vendor has been paid and, if so, whether the documents have now been produced. Signed by Magistrate Judge Nancy J. Koppe on 3/8/2018. (Copies have been distributed pursuant to the NEF - LH)
February 23, 2018 Opinion or Order Filing 319 NOTICE - The undersigned hereby provides notice of the matters referenced herein to the District Court Executive for Nevada, Chief United States District Judge Gloria M. Navarro, and assigned United States District Judge Miranda M. Du. The Clerk 9;s Offie is further INSTRUCTED that in light of other proceedings before the Court, Mr. Miller shall remain on the CM/ECF distribution list for this case. Signed by Magistrate Judge Nancy J. Koppe on 2/23/2018. (Copies have been distributed pursuant to the NEF - DRM)
November 17, 2017 Opinion or Order Filing 290 ORDER granting ECF No. 286 Motion to Extend Time. Deadline to amend or add parties is 12/15/2017. Signed by Magistrate Judge Nancy J. Koppe on 11/17/2017. (Copies have been distributed pursuant to the NEF - LH)
August 4, 2017 Opinion or Order Filing 275 ORDER granting in part and denying in part Third Party Defendant Kevin Harrington's ECF No. 233 Motion to Dismiss; granting Harrington's ECF No. 266 Motion to Strike, striking Plaintiff's ECF No. 264 Supplement; denying Plaintiff's ECF No. 271 Motion to Supplement. Signed by Judge Miranda M. Du on 8/4/2017. (Copies have been distributed pursuant to the NEF - KR)
March 8, 2017 Opinion or Order Filing 257 ORDER granting ECF No. 239 Harrington's Motion to Stay Discovery. To the extent Harrington' s motion to dismiss is not granted in full, the parties shall file a joint statement regarding whether and how discovery should proceed with respect to Harrington. That joint statement shall be filed within 14 days of the issuance of the order resolving the motion to dismiss. IT IS SO ORDERED. Signed by Magistrate Judge Nancy J. Koppe on 03/08/2017. (Copies have been distributed pursuant to the NEF - KW)
February 17, 2017 Opinion or Order Filing 248 ORDER approving ECF No. 245 / 247 Stipulation re ECF No. 233 Third Party Motion to Dismiss Third-Party Plaintiff Shana Lee McCart-Pollak's Amended Third-Party Complaint: Pollak's response due by 2/28/2017. Signed by Judge Miranda M. Du on 2/16/2017. (Copies have been distributed pursuant to the NEF - KR)
February 10, 2017 Opinion or Order Filing 243 ORDER - The joinder at Docket No. 240 is DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 2/10/2017. (Copies have been distributed pursuant to the NEF - DRM)
February 1, 2017 Opinion or Order Filing 230 ORDER re ECF No. 224 Motion to Unseal, directing Plaintiffs to file a response in opposition or a notice of non-opposition by 2/6/2017. Signed by Magistrate Judge Nancy J. Koppe on 2/1/2017. (Copies have been distributed pursuant to the NEF - KR)
January 25, 2017 Opinion or Order Filing 228 ORDER re ECF Nos. 226 , 227 Status Reports : (See pdf order for details and specifics.) 1) Motions re discovery due within 7 days of filing of response to the amended third party complaint.2) Ms. McCart-Pollak's motion for a status conference is DENIED. 3) The status conference set for June 27, 2017 (Docket No. 216 ) is VACATED. Signed by Magistrate Judge Nancy J. Koppe on 1/25/2017. (Copies have been distributed pursuant to the NEF - DRM)
September 30, 2016 Opinion or Order Filing 192 JUDGMENT in favor of Third-Party Defendants Jay Franco & Sons Inc, Jay At Play International Ltd, Echo Factory Inc, Hutton Miller LLC, Digital Target Marketing LLC, Spiral Toys LLC, and Mark Meyers. Signed by Clerk of Court, Lance S. Wilson on 9/30/2016. (Copies have been distributed pursuant to the NEF - KR)
August 29, 2016 Opinion or Order Filing 186 ORDERED that the Third-Party Defendants' Emergency Motion to Continue Status Hearing (ECF No. 184 ) is GRANTED. FURTHER ORDERED that the hearing scheduled for 2:30 p.m., August 31, 2016 is VACATED and RESCHEDULED to 1:00 p.m., September 14, 2016, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 8/29/2016. (Copies have been distributed pursuant to the NEF - DRM)
May 24, 2016 Opinion or Order Filing 171 ORDER accepting and adopting ECF No. 161 Report and Recommendation; dismissing Plaintiffs' claims against Defendant Shana Lee McCart-Pollak for failure to prosecute; and denying as moot ECF No. 167 Motion to Dismiss. Signed by Judge Miranda M. Du on 5/24/16. (Copies have been distributed pursuant to the NEF - JC)
April 27, 2016 Opinion or Order Filing 157 ORDER granting Third-Party Defendant Kevin Harrington's ECF No. 127 Emergency Motion to Set Aside ECF No. 106 Clerk's Entry of Default. Signed by Magistrate Judge Cam Ferenbach on 4/27/2016. (Copies have been distributed pursuant to the NEF - KR)
April 22, 2016 Opinion or Order Filing 151 ORDER granting 150 Motion for Leave to Appear by Telephone. Signed by Magistrate Judge Cam Ferenbach on 4/22/2016. (Copies have been distributed pursuant to the NEF - KR)
April 4, 2016 Opinion or Order Filing 139 ORDER - Hearing re 135 Stipulated Amended Discovery Plan/Scheduling Order set for 4/28/2016 at 11:00 AM in LV Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 4/4/2016. (Copies have been distributed pursuant to the NEF - DRM)
February 9, 2016 Opinion or Order Filing 101 ORDER that a Hearing re 100 Stipulation to Extend Time to Respond to the Complaint as to Mark Meyers and Spiral Toys, LLC is scheduled for 2/24/2016 at 03:00 PM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 2/9/16. (Copies have been distributed pursuant to the NEF - MMM)
December 14, 2015 Opinion or Order Filing 80 ORDER re 79 Joint Interim Status Report. ORDERED that the Discovery Plan and Scheduling Order must be filed on or before January 15, 2016. Signed by Magistrate Judge Cam Ferenbach on 12/14/15. (Copies have been distributed pursuant to the NEF - MMM)
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Defendant: Shana Lee McCart-Pollak
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Plaintiff: On Demand Direct Response III, LLC
Represented By: Brian W Boschee
Represented By: James D. Boyle
Represented By: Nicholas A. Geiger
Represented By: Tasia E. Hansen
Represented By: Thomas Mango
Represented By: Michael J. Rye
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Plaintiff: On Demand Direct Response, LLC
Represented By: Brian W Boschee
Represented By: James D. Boyle
Represented By: Nicholas A. Geiger
Represented By: Tasia E. Hansen
Represented By: Thomas Mango
Represented By: Michael J. Rye
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