Jiangxi Panda Fireworks Co., LTD v. Burda et al
| JIANGXI PANDA FIREWORKS CO., LTD |
| Douglas Burda, Koncept LLC dba BURDA IP, Elissa Burda, Red Apple Fireworks Co., Ltd. and 1.4g Holdings, LLC |
| 2:2023cv01232 |
| August 7, 2023 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Miranda M Du |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Both |
Docket Report
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Filing 36
MOTION to Dismiss for Violation of Nevada Anti-SLAPP Statute re #19 Amended Complaint by Defendant Elissa Burda. Responses due by 10/13/2023. (Shaffer, Michael) (misc) (dispositive)
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Filing 35
MOTION to Dismiss for Violation of Nevada Anti-SLAPP Statute re #19 Amended Complaint by Defendant Red Apple Fireworks Co., Ltd.. Responses due by 10/13/2023. (Shaffer, Michael) (misc) (dispositive)
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Filing 34
MOTION to Dismiss for Violation of Nevada Anti-SLAPP Statute re #19 Amended Complaint by Defendants Douglas Burda, Koncept LLC dba Burda IP. Responses due by 10/13/2023. (Shaffer, Michael) (misc) (dispositive)
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Filing 33
MOTION to Dismiss for Violation of Nevada Anti-SLAPP Statute re #19 Amended Complaint by Defendant 1.4g Holdings, LLC. Responses due by 10/13/2023. (Shaffer, Michael) (misc) (dispositive)
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Filing 32
DECLARATION of Shawn A. Mangano re 29 Order on Motion,,,, Minute Order,,, by Plaintiff Jiangxi Panda Fireworks Co., LTD.. (Attachments: #1 Exhibit 1 Affidavit of Service of Process)(Mangano, Shawn)
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Filing 31
CERTIFICATE of Interested Parties by Elissa Burda that identifies all parties that have an interest in the outcome of this case. Other Affiliate 1.4g Holdings, LLC, Other Affiliate Douglas Burda, Other Affiliate Efim Burda, Other Affiliate Golden Matryoshka, Inc., Other Affiliate Red Apple Fireworks Co., Ltd. for Elissa Burda added. (Lowry, Jodi)
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Filing 30
CERTIFICATE of Interested Parties by Douglas Burda that identifies all parties that have an interest in the outcome of this case. Other Affiliate 1.4g Holdings, LLC, Other Affiliate Elissa Burda, Other Affiliate Efim Burda, Other Affiliate Golden Matryoshka, Inc., Other Affiliate Red Apple Fireworks Co., Ltd. for Douglas Burda added. (Lowry, Jodi)
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Filing 29
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 9/27/2023. Re: #8 Motion for alternative service. Plaintiff moves for alternative service on Defendant Elissa Burden. However, since Plaintiff filed its motion, Elissa Burden has filed two motions to dismiss (ECF Nos. #18 , #26 ). The Court thus denies the motion for alternative service without prejudice as moot and will require Plaintiff to file an affidavit of service or waiver of service regarding Elissa Burden on or before October 11, 2023. IT IS THEREFORE ORDERED that Plaintiff's motion for alternate service #8 is DENIED WITHOUT PREJUDICE AS MOOT.(no image attached) (Copies have been distributed pursuant to the NEF - KL)
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Filing 28
CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Elissa Burda. Certificate of Interested Parties due by 10/4/2023. (no image attached) (HAM)
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Filing 27
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 9/27/2023. Plaintiff has filed a first amended complaint (ECF No. #19 ), and Defendants have filed renewed motions to dismiss (ECF Nos. #23 , #24 , #25 , #26 ). The Court therefore denies as moot Defendants' motions to dismiss (ECF Nos. #9 , #10 , #11 , #15 , #16 , #17 , #18 ) the original complaint (ECF No. #1 ). (Copies have been distributed pursuant to the NEF - NYL)
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Filing 26
MOTION to Dismiss #19 Amended Complaint by Defendant Elissa Burda. Responses due by 10/10/2023. (Attachments: #1 Declaration of AJW, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D)(Shaffer, Michael)
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Filing 25
MOTION to Dismiss #19 Amended Complaint by Defendant Red Apple Fireworks Co., Ltd.. Responses due by 10/10/2023. (Attachments: #1 Declaration of AJW, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D)(Shaffer, Michael)
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Filing 24
MOTION to Dismiss #19 Amended Complaint by Defendants Douglas Burda, Koncept LLC dba Burda IP. Responses due by 10/10/2023. (Attachments: #1 Declaration of AJW, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D)(Shaffer, Michael)
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Filing 23
MOTION to Dismiss #19 Amended Complaint by Defendant 1.4g Holdings, LLC. Responses due by 10/10/2023. (Attachments: #1 Declaration of AJW, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D)(Shaffer, Michael)
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Filing 22
NOTICE of Change of Address by Michael Shaffer. (Shaffer, Michael)
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Filing 21
RESPONSE to #15 Motion, #17 Motion, #16 Motion, by Plaintiff Jiangxi Panda Fireworks Co., LTD. Replies due by 10/2/2023. (Mangano, Shawn)
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Filing 20
RESPONSE to #10 Motion to Dismiss,, #9 Motion to Dismiss,, #18 Motion to Dismiss,, #11 Motion to Dismiss,, by Plaintiff Jiangxi Panda Fireworks Co., LTD. Replies due by 9/21/2023. (Mangano, Shawn)
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Filing 19
First AMENDED COMPLAINT with Jury Demand against 1.4g Holdings, LLC, Douglas Burda, Elissa Burda, Koncept LLC dba Burda IP, Red Apple Fireworks Co., Ltd. by Jiangxi Panda Fireworks Co., LTD. No changes to parties. (Mangano, Shawn)
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Filing 18
MOTION to Dismiss #1 Complaint,, by Defendant Elissa Burda. Responses due by 9/28/2023. Certificate of Interested Parties due by 9/24/2023. Discovery Plan/Scheduling Order due by 10/29/2023. (Attachments: #1 Declaration of AJW, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D)(Lowry, Jodi) 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.
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Filing 17
MOTION to Dismiss for Violation of Nevada Anti-SLAPP Statute by Defendants Douglas Burda, Koncept LLC dba Burda IP. Responses due by 9/27/2023. (Attachments: #1 Declaration of AJW, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D)(Shaffer, Michael) (misc) (dispositive)
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Filing 16
MOTION to Dismiss for Violation of Nevada Anti-SLAPP Statute by Defendant Red Apple Fireworks Co., Ltd.. Responses due by 9/27/2023. (Attachments: #1 Declaration of AJW, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D)(Shaffer, Michael) (misc) (dispositive)
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Filing 15
MOTION to Dismiss for Violation of Nevada Anti-SLAPP Statute by Defendant 1.4g Holdings, LLC. Responses due by 9/25/2023. (Attachments: #1 Declaration of AJW, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D)(Shaffer, Michael) (misc) (dispositive)
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Filing 14
CERTIFICATE of Interested Parties by Red Apple Fireworks Co., Ltd. that identifies all parties that have an interest in the outcome of this case. Other Affiliate Golden Matryoshka, Inc. for Red Apple Fireworks Co., Ltd. added.. (Lowry, Jodi)
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Filing 13
CERTIFICATE of Interested Parties by Koncept LLC dba Burda IP. There are no known interested parties other than those participating in the case. (Lowry, Jodi)
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Filing 12
CERTIFICATE of Interested Parties by 1.4g Holdings, LLC that identifies all parties that have an interest in the outcome of this case. Other Affiliate Efim Burda, Other Affiliate Golden Matryoshka, Inc. for 1.4g Holdings, LLC added.. (Lowry, Jodi)
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Filing 11
MOTION to Dismiss by Defendants Douglas Burda, Koncept LLC dba Burda IP. Responses due by 9/15/2023. Certificate of Interested Parties due by 9/11/2023. Discovery Plan/Scheduling Order due by 10/16/2023. (Attachments: #1 Declaration of AJW, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D)(Gibson, Steven) 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.
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Filing 10
MOTION to Dismiss by Defendant 1.4g Holdings, LLC. Responses due by 9/15/2023. Certificate of Interested Parties due by 9/11/2023. Discovery Plan/Scheduling Order due by 10/16/2023. (Attachments: #1 Declaration of AJW, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D)(Shaffer, Michael) 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.
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Filing 9
MOTION to Dismiss by Defendant Red Apple Fireworks Co., Ltd.. Responses due by 9/15/2023. Certificate of Interested Parties due by 9/11/2023. Discovery Plan/Scheduling Order due by 10/16/2023. (Attachments: #1 Declaration of AJW, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D)(Lowry, Jodi) 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.
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Filing 8
MOTION for Alternative Service on Defendant Elissa Burda re #4 Summons Issued, #1 Complaint,, by Plaintiff Jiangxi Panda Fireworks Co., LTD. Responses due by 9/14/2023. (Attachments: #1 Declaration of Shawn A. Mangano in Support of Motion for Alternative Service, #2 Exhibit A to the Declaration of Shawn A. Mangano in Support of Motion for Alternative Service, #3 Declaration of Nihat Deniz Bayramoglu in Support of Motion for Alternative Service, #4 Exhibit A to the Declaration of Nihat Deniz Bayramoglu in Support of Motion for Alternative Service, #5 Exhibit B to the Declaration of Nihat Deniz Bayramoglu in Support of Motion for Alternative Service, #6 Proposed Order)(Mangano, Shawn) (misc) (pleading)
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Filing 7
STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - PAV)
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Filing 6
AFFIDAVIT of Service of Summons and Complaint on Defendants Douglas Burda, 1.4G HOLDINGS LLC, Koncept LLC DBA Burda IP, and Red Apple Fireworks Co Ltd on August 11, 2023 re #4 Summons Issued, #1 Complaint,, by Plaintiff Jiangxi Panda Fireworks Co., LTD.. (Mangano, Shawn)
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Filing 5
AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. Mailed to the US Patent and Trademark Office. (Attachments: #1 Complaint) (ALZ)
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Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Daniel J. Albregts. (ALZ)
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Filing 4
SUMMONS ISSUED as to 1.4g Holdings, LLC, Douglas Burda, Elissa Burda, Koncept LLC dba BURDA IP, Red Apple Fireworks Co., Ltd. (ALZ)
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Filing 3
PROPOSED SUMMONS to be issued to DOUGLAS BURDA, KONCEPT LLC, dba BURDA IP, ELISSA BURDA, RED APPLE FIREWORKS CO., LTD., 1.4G HOLDINGS, LLC by Plaintiff JIANGXI PANDA FIREWORKS CO., LTD. (Mangano, Shawn)
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Filing 2
CERTIFICATE of Interested Parties by JIANGXI PANDA FIREWORKS CO., LTD. There are no known interested parties other than those participating in the case (Mangano, Shawn)
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Filing 1
COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7386204) by JIANGXI PANDA FIREWORKS CO., LTD. Certificate of Interested Parties due by 8/17/2023. Proof of service due by 11/5/2023. (Attachments: #1 Civil Cover Sheet) (Mangano, Shawn) 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.
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