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Case number 1:22-cv-00613

Deckers Outdoor Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents

Date Field Doc. No.Description (Pages)
Feb 7, 2022 1 Amended Complaint* (1)
Feb 3, 2022 1 Complaint* (1)
Feb 3, 2022 N/A case assigned (0)
Docket Text: CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (cxr, )
Feb 3, 2022 N/A clerk's notice (0)
Docket Text: CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cxr, ) 1 Filed & Entered: 02/03/2022 complaint Docket Text: COMPLAINT filed by Deckers Outdoor Corporation; Filing fee $ 402, receipt number 0752-19120890. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5)(Gaudio, Justin) 2 Filed & Entered: 02/03/2022 exhibit Docket Text: SCHEDULE A by Plaintiff Deckers Outdoor Corporation Schedule A regarding complaint[1] (Gaudio, Justin) Modified on 3/17/2022 (ph, ). 3 Filed & Entered: 02/03/2022 exhibit Docket Text: EXHIBIT 1 by Plaintiff Deckers Outdoor Corporation Exhibit 1 regarding complaint[1] (Gaudio, Justin) Modified on 3/17/2022 (ph, ). 4 Filed & Entered: 02/03/2022Terminated: 02/10/2022 motion for leave to file Docket Text: MOTION by Plaintiff Deckers Outdoor Corporation for leave to file under seal (Gaudio, Justin) 5 Filed & Entered: 02/03/2022 civil cover sheet Docket Text: CIVIL Cover Sheet (Gaudio, Justin) 6 Filed & Entered: 02/03/2022 notification of affiliates pursuant to local rule 3.2 Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Deckers Outdoor Corporation (Gaudio, Justin) 7 Filed & Entered: 02/03/2022 other Docket Text: Notice of Claims Involving Patents by Deckers Outdoor Corporation (Gaudio, Justin) 8 Filed & Entered: 02/03/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Justin R. Gaudio (Gaudio, Justin) 9 Filed & Entered: 02/03/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Amy Crout Ziegler (Ziegler, Amy) 10 Filed & Entered: 02/03/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Allyson M. Martin (Martin, Allyson) 11 Filed & Entered: 02/03/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Thomas Joseph Juettner (Juettner, Thomas) 12 Filed & Entered: 02/07/2022 amended complaint Docket Text: AMENDED complaint by Deckers Outdoor Corporation against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5)(Gaudio, Justin) 13 Filed & Entered: 02/07/2022 exhibit Docket Text: SCHEDULE A by Plaintiff Deckers Outdoor Corporation Schedule A regarding amended complaint, [12] (Gaudio, Justin) Modified on 3/17/2022 (ph, ). 14 Filed & Entered: 02/07/2022 exhibit Docket Text: EXHIBIT 1 by Plaintiff Deckers Outdoor Corporation Exhibit 1 regarding amended complaint, [12] (Gaudio, Justin) Modified on 3/17/2022 (ph, ). 15 Filed & Entered: 02/08/2022Terminated: 02/10/2022 motion for temporary restraining order Docket Text: MOTION by Plaintiff Deckers Outdoor Corporation for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) 16 Filed & Entered: 02/08/2022 memorandum in support of motion Docket Text: MEMORANDUM by Deckers Outdoor Corporation in support of motion for temporary restraining order[15] (Gaudio, Justin) 17 Filed & Entered: 02/08/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 18 Filed & Entered: 02/08/2022 declaration Docket Text: DECLARATION of Lisa Bereda regarding memorandum in support of motion[16] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) 19 Filed & Entered: 02/08/2022 exhibit Docket Text: EXHIBIT 2 by Plaintiff Deckers Outdoor Corporation Exhibit 2 regarding declaration[18] (Gaudio, Justin) Modified on 3/17/2022 (ph, ). 20 Filed & Entered: 02/08/2022Terminated: 02/10/2022 motion for miscellaneous relief Docket Text: MOTION by Plaintiff Deckers Outdoor Corporationfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) 21 Filed & Entered: 02/08/2022 memorandum in support of motion Docket Text: MEMORANDUM by Deckers Outdoor Corporation in support of motion for miscellaneous relief[20] (Gaudio, Justin) 22 Filed & Entered: 02/08/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[21] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 23 Filed & Entered: 02/08/2022 Patent/Trademark report Docket Text: MAILED patent report to Patent Trademark Office, Alexandria VA. (aee, ) 24 Filed & Entered: 02/10/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Edmond E. Chang: In this design-patent infringement case, the Plaintiff's motion [15] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, disgorgement of profits under 35 U.S.C. § 289, which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of the Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [4] for leave to file under seal is granted in light of the asset-restraint goal. By 12/06/2021, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of the Defendant in the text of the order and omitting Amended Schedule A). The Plaintiff's motion [20] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 02/25/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, if appropriate, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 02/21/2022. Emailed notice (mw, ) 25 Filed & Entered: 02/10/2022 SEALED Order Docket Text: TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/10/2022. Emailed notice (mw, ) Modified on 3/17/2022 (ph, ). 26 Filed: 02/10/2022 Entered: 02/11/2022 order Docket Text: (PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/10/2022. Emailed notice (mw, ) 27 Filed & Entered: 02/18/2022Terminated: 02/24/2022 extension of time Docket Text: MOTION by Plaintiff Deckers Outdoor Corporation for extension of time of Temporary Restraining Order (Martin, Allyson) 28 Filed & Entered: 02/18/2022 memorandum in support of motion Docket Text: MEMORANDUM by Deckers Outdoor Corporation in support of extension of time[27] (Attachments: # (1) Declaration of Allyson M. Martin)(Martin, Allyson) 29 Filed & Entered: 02/24/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable Edmond E. Chang: Given the ongoing applicability of the circumstances that justified entry of the initial TRO, the Plaintiff's extension motion on the TRO [27] is granted from 02/24/2022 through 03/10/2022. The tracking status hearing of 02/25/2022 is reset to 03/11/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, by 03/04/2022, the parties shall file a status report or the Plaintiff shall file a motion for preliminary injunction if appropriate (or both). Emailed notice (mw, ) Filed & Entered: 02/25/2022 summons issued Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jmk, ) 30 Filed & Entered: 03/04/2022Terminated: 03/08/2022 motion for preliminary injunction Docket Text: MOTION by Plaintiff Deckers Outdoor Corporation for preliminary injunction (Attachments: # (1) Exhibit A)(Martin, Allyson) 31 Filed & Entered: 03/04/2022 memorandum in support of motion Docket Text: MEMORANDUM by Deckers Outdoor Corporation in support of motion for preliminary injunction[30] (Attachments: # (1) Declaration of Allyson M. Martin, # (2) Exhibit 1)(Martin, Allyson) 32 Filed & Entered: 03/04/2022 summons returned executed Docket Text: SUMMONS Returned Executed by Deckers Outdoor Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/4/2022, answer due 3/25/2022. (Attachments: # (1) Declaration of Thomas J. Juettner, # (2) Exhibit A)(Juettner, Thomas) 33 Filed & Entered: 03/08/2022 order on motion for preliminary injunction Docket Text: MINUTE entry before the Honorable Edmond E. Chang: Given the continued applicability of the circumstances that justified entry of the TRO, the motion [30] for preliminary injunction is granted. The answer deadline is 03/25/2022. R. 32. The tracking status hearing of 03/11/2022 is reset to 04/08/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 03/30/2022. If no answer is filed on time, then the Defendant shall be deemed in default, and the Plaintiff shall file the motion for default judgment on 04/01/2022. Emailed notice (mw, ) 34 Filed & Entered: 03/08/2022 preliminary injunction Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 03/08/2022. Emailed notice (mw, ) Filed & Entered: 03/09/2022 party added Docket Text: NEW PARTIES: Shop5257100 Store added to case caption. (Ziegler, Amy) 35 Filed & Entered: 03/30/2022 notice of voluntary dismissal Docket Text: NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendants (Martin, Allyson) 36 Filed & Entered: 03/30/2022 terminate hearings Docket Text: MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice. Status hearing of 04/08/2022 is vacated. Civil case terminated. Emailed notice (mw, )
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