Never Too Hungover, LLC v. Drinkaid LLP et al
| Never Too Hungover, LLC |
| Drinkaid LLP, Drinkaid Wellness PTE. LTD. and Ryan Foo |
| 2:2023cv01347 |
| August 29, 2023 |
| US District Court for the District of Nevada |
| Andrew P Gordon |
| Elayna J Youchah |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 22 SECOND CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Drinkaid Wellness PTE LTD, DrinkAid LLP, Ryan Foo. Certificate of Interested Parties due by 11/3/2023. (no image attached) (CJS) |
| Filing 21 MEMORANDUM of Endorsement to #14 Answer to Complaint, #15 Response to TRO by Defendant Drinkaid LLP. (ALZ) |
| Filing 20 REPLY to Response to #4 Motion for TRO, by Plaintiff Never Too Hungover, LLC. (Attachments: #1 Proposed Order)(Krieger, John) |
| Filing 19 CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Drinkaid Wellness PTE LTD, DrinkAid LLP, Ryan Foo. Certificate of Interested Parties due by 10/27/2023. (no image attached) (CJS) |
| Filing 18 DECLARATION of Service re #17 Order on Motion to Strike,,,,,,,, Set/Reset Deadlines & Hearings,,, by Plaintiff Never Too Hungover, LLC.. (Krieger, John) |
Filing 17
ORDER. IT IS HEREBY ORDERED that Plaintiff's #16 Emergency Motion to Strike is DENIED without prejudice. IT IS FURTHER ORDERED that to avoid a renewed motion to strike, Defendants must retain counsel who must make an appearance on Defendants' behalf no later than October 26, 2023. IT IS FURTHER ORDERED that if no counsel has made an appearance on behalf of Defendants by 5 p.m. Pacific Time on October 26, 2023, Plaintiff may renew its motion to strike. IT IS FURTHER ORDERED that Plaintiff must serve Defendants with a copy of this Order no later than 5 p.m. today, October 16, 2023. IT IS FURTHER ORDERED that the Court sua sponte grants Plaintiff an extension to October 20, 2023 to file its Reply in Support of the Motion for Temporary Restraining Order. Signed by Magistrate Judge Elayna J. Youchah on 10/16/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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| Filing 16 Emergency MOTION to Strike #14 Answer to Complaint, #15 Response by Plaintiff Never Too Hungover, LLC. Responses due by 10/27/2023. (Attachments: #1 Declaration of John L. Krieger)(Krieger, John) (answer) |
| Filing 15 RESPONSE to #4 Motion for TRO by Defendant Drinkaid Wellness PTE LTD & DrinkAid LLP, and Ryan Foo. Replies due by 10/16/2023. (CAH) |
| Filing 14 ANSWER to #1 Complaint filed by Drinkaid Wellness PTE LTD & DrinkAid LLP, and Ryan Foo. Certificate of Interested Parties due by 10/19/2023. Discovery Plan/Scheduling Order due by 11/23/2023.(CAH) 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. |
| Filing 13 NOTICE of Compliance by Never Too Hungover, LLC.. (Attachments: #1 Exhibit 1 - Email correspondence)(Krieger, John) |
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Filing 12
ORDER. IT IS HEREBY ORDERED that Plaintiff's #10 Emergency Motion to Direct the Clerk of Court to Effect Service Under Rule 4(f)(2)(C)(ii) or, in the Alternative, to Deem Service on Defendants Effectuated via Email is GRANTED. IT IS FURTHER ORDERED that Plaintiff must email a copy of this Order together with the Summons, Complaint, and Motions for Temporary Restraining Order and Preliminary Injunction to each Defendant no later than September 20, 2023. IT IS FURTHER ORDERED that service by email of the Summons, Complaint, Motion for Temporary Restraining Order, and Motion for Preliminary Injunction is deemed effective September 20, 2023. IT IS FURTHER ORDERED that Plaintiff must file a Notice of Compliance evidencing the email service was effected as ordered no later than September 25, 2023. IT IS FURTHER ORDERED that Defendants' responses to Plaintiffs Complaint, Motion for Temporary Restraining Order, and Motion for Preliminary Injunction are due no later than October 11, 2023. Signed by Magistrate Judge Elayna J. Youchah on 9/19/2023. (Copies have been distributed pursuant to the NEF - ALZ)
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| Filing 11 DECLARATION of John L. Krieger re #10 Motion, by Plaintiff Never Too Hungover, LLC.. (Attachments: #1 Exhibit 1 - a true and accurate copy of Status Table: Hague Convention, #2 Exhibit 2 - a true and accurate copy of Singapore Accedes to the Service Convention, Ministry of Law: Singapore (May 17, 2023), #3 Exhibit 3 - a true and accurate copy of the United States District Court for the District of Columbias Clerks Office Procedures for Service of Process on a Foreign Defendant, #4 Exhibit 4 - a true and correct copy of email correspondence, #5 Exhibit 5 - a true and accurate copy of the Rules of Court 2021, Order 7, Rule 1, #6 Exhibit 6 - a true and accurate copy of the Rules of Court 2021, Order 7, Rule 3, #7 Exhibit 7 - a true and accurate copy of the Rules of Court 2021, Order 7, #8 Exhibit 8 - a true and accurate copy of webpage, #9 Exhibit 9 - a true and accurate copy of Terms of Service, #10 Exhibit 10 - a true and accurate copy of email correspondence)(Krieger, John) |
| Filing 10 Emergency MOTION EMERGENCY MOTION TO DIRECT THE CLERK OF COURT TO EFFECT SERVICE UNDER RULE 4(f)(2)(C)(ii) OR, IN THE ALTERNATIVE, TO DEEM SERVICE ON DEFENDANTS EFFECTUATED VIA EMAIL by Plaintiff Never Too Hungover, LLC. Responses due by 10/2/2023. (Krieger, John) (misc) (nondispositive) |
| Filing 9 NOTICE Confirmation of Notice Sent Via Email and Registered Mail by Never Too Hungover, LLC re #7 Order,,,.. (Attachments: #1 Exhibit 1 - True and correct copy of email, #2 Exhibit 2 - True and correct copy of email)(Krieger, John) |
| Filing 8 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon'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 - MAJ) |
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Filing 7
Order Setting Briefing Schedule.I ORDER the plaintiff to serve the defendants under Federal Rule of Civil Procedure 4 as soon as is practicable. Additionally, the plaintiff must immediately send the complaint, the motions for temporary restraining order and preliminary injunction, and a copy of this order by email to the defendants and their counsel (if known). The plaintiff will file with the court proof of service or a status report detailing its efforts within 21 days of emailing the defendants. I FURTHER ORDER that the defendants may file a response to the motions for temporary restraining order and preliminary injunction within 21 days of the plaintiffs emailing the defendants the complaint, the motions, and a copy of this order. The plaintiffs may file a reply within 7 days of the response. Signed by Judge Andrew P. Gordon on 8/30/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 6 SUMMONS ISSUED as to Drinkaid LLP, Drinkaid Wellness PTE. LTD., Ryan Foo re #1 Complaint. (Attachments: #1 Summons Issued - Drinkaid Wellness PTE. LTD., #2 Summons Issued - Ryan Foo) (CJS) |
| Filing 5 MOTION for Preliminary Injunction re #4 Motion for TRO, by Plaintiff Never Too Hungover, LLC. Responses due by 9/12/2023. (Attachments: #1 Exhibit 1 - Declaration of G. Maloof, #2 Exhibit 1-A true and accurate copy of registration certificate 5657533, #3 Exhibit 1-B true and accurate copy of web page)(Krieger, John) |
| Filing 4 MOTION for Temporary Restraining Order by Plaintiff Never Too Hungover, LLC. Responses due by 9/12/2023. (Attachments: #1 Exhibit 1 - Declaration of G. Maloof, #2 Exhibit 1-A true and accurate copy of registration certificate 5657533, #3 Exhibit 1-B true and accurate copy of web page, #4 Proposed Order)(Krieger, John) |
| 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, ECF No. #1 , #2 Exhibit 1, ECF No. #1 -1) (CJS) |
| Filing 2 CERTIFICATE of Interested Parties by NEVER TOO HUNGOVER, LLC. There are no known interested parties other than those participating in the case (Krieger, John) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7410611) by NEVER TOO HUNGOVER, LLC. Certificate of Interested Parties due by 9/8/2023. Proof of service due by 11/27/2023. (Attachments: #1 Exhibit 1 - true and accurate copy of registration certificate 5657533, #2 Exhibit 2 - true and accurate copy of web page, #3 Civil Cover Sheet, #4 Summons to Drinkaid LLP, #5 Summons to Drinkaid Wellness Pte. Ltd., #6 Summons to Ryan Foo) (Krieger, John) 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. |
| Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Elayna J. Youchah. (CJS) |
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