Case number 8:22-cv-01800
Fitness International, LLC v. Leah Alspaugh et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 8, 2023 | 41 | ORDER RE Status Conference/Contempt Hearing by Judge David O. Carter 35 . IT IS HEREBY ORDERED that defendant LEAH ALSPAUGH pay monetary sanctions of $5,000.00 to Plaintiff by May 8, 2023. Further violations should be immediately reported to the Court for further hearings. (twdb) (Entered: 03/08/2023) (2) |
| Mar 6, 2023 | 40 | MINUTES OF STATUS CONFERENCE (Evidentiary) Hearing held before Judge David O. Carter. The Court ORDERS defendant, via phone, to appear in person forthwith. Defendant failed to appear. The Court hears testimony from the plaintiffs six witness. Exhibits are received by the Court. The Court finds that Defendant is in contempt of Court in repeated violation of its November 1, 2022 Order re Preliminary Injunction (Dkt. 26) and ORDERS that defendant, Leah Alspaugh, pay monetary sanctions of $5,000.00. The Courts detailed written order to issue. Court Reporter: Court Smart. (twdb) (Entered: 03/07/2023) (1) |
| Feb 27, 2023 | 39 | SCHEDULING NOTICE by Judge David O. Carter Status Conference set for 3/6/2023 03:30 PM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 02/27/2023) (0) |
| Feb 21, 2023 | 38 | MINUTES OF ORDER TO SHOW CAUSE RE: CONTEMPT AND FOR MONETARY SANCTIONS AND/OR IMPRISONMENT OF DEFENDANT 36 Hearing held before Judge David O. Carter: The Court ORDERS defendant to comply with the terms of the Court's ORDER RE PRELIMINARY INJUNCTION 26 under penalty of arrest. The Court FURTHER ORDERS the defendant to file an answer to the complaint on or before February 28, 2023. Court Reporter: Miriam Baird. (bm) (Entered: 02/21/2023) (1) |
| Feb 17, 2023 | 37 | NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Kent Raygor has been assigned to serve as Panel Mediator. (lst) (Entered: 02/17/2023) (1) |
| Feb 8, 2023 | 36 | ORDER TO SHOW CAUSE RE: CONTEMPT AND FOR MONETARY SANCTIONS AND/OR IMPRISONMENT OF DEFENDANT by Judge David O. Carter. SEE DOCUMENT FOR FURTHER INFORMATION. Show Cause Hearing set for 2/21/2023 at 09:00 AM before Judge David O. Carter. (twdb) (Entered: 02/08/2023) (2) |
| Feb 3, 2023 | 35 | EX PARTE APPLICATION for Issuance of Order to Show Cause re Contempt and for Monetary Sanctions and/or Imprisonment of Defendant filed by Plaintiff Fitness International, LLC. (Attachments: # 1 Memorandum of Points and Authorities in Support of Ex Parte, # 2 Declaration of Alice C. Smith, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Declaration of Alexandra Garcia, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Declaration of Mindy Stokesberry, # 13 Exhibit 1, # 14 Exhibit 2, # 15 Exhibit 3, # 16 Declaration of Mervet Shuber, # 17 Exhibit 1, # 18 Exhibit 2, # 19 Declaration of Christine C. De Metruis, # 20 Declaration of Caroline Kim, # 21 Proposed Order re Ex Parte, # 22 Proof of Service) (DeMetruis, Christine) (Entered: 02/03/2023) (0) |
| Jan 30, 2023 | 34 | MINUTES (IN CHAMBERS) by Judge David O. Carter: Denying 29 MOTION to Reconsider. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 01/30/2023) (3) |
| Dec 20, 2022 | 33 | TRANSCRIPT ORDER as to Plaintiff Fitness International, LLC for Court Reporter. Court will contact Christine C. De Metruis at cdemetruis@yokasmith.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (DeMetruis, Christine) (Entered: 12/20/2022) (4) |
| Dec 12, 2022 | 32 | ORDER/REFERRAL to ADR Procedure No 2 by Judge David O. Carter. Case ordered to Court Mediation Panel for mediation. (kdu) (Entered: 12/12/2022) (1) |
| Dec 12, 2022 | 31 | SCHEDULING ORDER by Judge David O. Carter. Discovery cut-off 2/20/2023. Motions due by 3/27/2023. Final Pretrial Conference set for 4/17/2023 08:30 AM before Judge David O. Carter. Jury Trial set for 5/2/2023 08:30 AM before Judge David O. Carter. (kdu) (Entered: 12/12/2022) (12) |
| Dec 5, 2022 | 30 | MINUTES OF Scheduling Conference held before Judge David O. Carter. The case is called. The Court and counsel confer. The Court ORDERS the defendant to file an answer to the complaint on or before December 12, 2022 (7 days ). The Courts scheduling order to issue. Court Reporter: Deborah Parker. (twdb) (Entered: 12/09/2022) (1) |
| Nov 30, 2022 | 29 | MOTION for Reconsideration on Order of Preliminary Injunction filed by Defendant Leah Alspaugh. (rolm) (Entered: 12/05/2022) (30) |
| Nov 21, 2022 | 28 | PROOF OF SERVICE filed by Plaintiff Fitness International, LLC, re Joint Report Rule 26(f) Discovery Plan 27 served on 11/21/2022. (Chen Smith, Alice) (Entered: 11/21/2022) (3) |
| Nov 21, 2022 | 27 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff Fitness International, LLC.. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Chen Smith, Alice) (Entered: 11/21/2022) (0) |
| Nov 1, 2022 | 26 | ORDER RE PRELIMINARY INJUNCTION 23 24 by Judge David O. Carter. IT IS HEREBY ORDERED that, until a final determination of the merits of this case by the trier of fact, defendant LEAH ALSPAUGH, and Does 1 through 50 (collectively, "Defendants") are hereby restrained and enjoined from the following. See order for details. (lom) (Entered: 11/02/2022) (3) |
| Oct 28, 2022 | 21 | OPPOSITION IN OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for Certificate of Merit 16 filed by Plaintiff Fitness International, LLC. (Chen Smith, Alice) (Entered: 10/28/2022) (8) |
| Oct 28, 2022 | 22 | PROOF OF SERVICE filed by PLAINTIFF Fitness International, LLC, re Objection/Opposition (Motion related) 21 served on 10/28/2022. (Chen Smith, Alice) (Entered: 10/28/2022) (3) |
| Oct 28, 2022 | 23 | MINUTES OF Show Cause Hearing held before Judge David O. Carter: SHOW CAUSE WHY ISSUANCE OF A PRELIMINARY INJUNCTION IS NOT APPROPRIATE IN THIS CASE 12 . Plaintiffs Ex Parte Application for Temporary Restraining Order as to enjoining Defendant Leah Alspaugh 12 is granted. Plaintiff is ORDERED to lodge a proposed order no later than 10/28/2022 at 3:00 PM. Defendants Motion for Certificate of Merit 16 is DENIED. Defendants contact information to be added to the case in order to receive future case filings: SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Court Smart. (twdb) (Entered: 10/28/2022) (1) |
| Oct 28, 2022 | 24 | NOTICE OF LODGING filed Proposed Order re EX PARTE APPLICATION for Temporary Restraining Order as to enjoining Defendant Leah Alspaugh and anyone acting in concert with Defendant Leah Alspaugh from (1) Infringing on Plaintiffs federally registered trademarks; (2) Making representations to any 12 (DeMetruis, Christine) (Entered: 10/28/2022) (3) |
| Oct 28, 2022 | 25 | ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 12/5/2022 at 08:30 AM before Judge David O. Carter. (kdu) (Entered: 10/28/2022) (5) |
| Oct 21, 2022 | 20 | RESPONSE IN SUPPORT of EX PARTE APPLICATION for Temporary Restraining Order as to enjoining Defendant Leah Alspaugh and anyone acting in concert with Defendant Leah Alspaugh from (1) Infringing on Plaintiffs federally registered trademarks; (2) Making representations to any 12 15 filed by Plaintiff Fitness International, LLC. (Attachments: # 1 Declaration of Megan Stokesberry, # 2 Declaration of Alice Chen Smith, # 3 Exhibit A to Decl. of Alice Chen Smith, # 4 Declaration of Christine C. De Metruis, # 5 Exhibit A to Decl. of Christine C. De Metruis, # 6 Exhibit B to Decl. of Christine C. De Metruis, # 7 Exhibit C Decl. of Christine C. De Metruis, # 8 Declaration of Mindy Stokesberry, # 9 Exhibit A to Decl. of Mindy Stokesberry, # 10 Exhibit B to Decl. of Mindy Stokesberry, # 11 Exhibit C to Decl. of Mindy Stokesberry, # 12 Exhibit D to Decl. of Mindy Stokesberry, # 13 Exhibit E to Decl. of Mindy Stokesberry, # 14 Exhibit F to Decl. of Mindy Stokesberry, # 15 Exhibit G to Decl. of Mindy Stokesberry, # 16 Exhibit H to Decl. of Mindy Stokesberry, # 17 Exhibit I to Decl. of Mindy Stokesberry, # 18 Proof of Service)(Chen Smith, Alice) (Entered: 10/21/2022) (0) |
| Oct 20, 2022 | 19 | PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Fitness International, LLC, upon Defendant Leah Alspaugh served on 10/19/2022, answer due 11/9/2022. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Chen Smith, Alice) (Entered: 10/20/2022) (2) |
| Oct 19, 2022 | 18 | PROOF OF SERVICE by mail filed by Defendant Leah Alspaugh, re Response 17 served on 10/18/22. (twdb) (Entered: 10/19/2022) (2) |
| Oct 19, 2022 | 17 | Response to OPPOSITION to Temporary Restraining Order 12 filed by Defendant Leah Alspaugh. (twdb) (Entered: 10/19/2022) (2) |
| Oct 19, 2022 | 16 | MOTION for Certificate of Merit filed by Defendant Leah Alspaugh. Motion set for hearing on 11/21/2022 at 08:30 AM before Judge David O. Carter. (twdb) (Entered: 10/19/2022) (2) |
| Oct 16, 2022 | 15 | MINUTE ORDER IN CHAMBERS GRANTING EX PARTE APPLICATION for Temporary Restraining Order 12 by Judge David O. Carter: The Court ORDERS Defendant to show cause why issuance of a preliminary injunction is not appropriate in this case. Defendants are FURTHER ORDERED TO SHOW CAUSE why a preliminary injunction should not issue. The hearing on this Order to Show Cause is set before this Court on Friday, October 28, 2022, at 9:00 a.m. Plaintiff must file any additional supporting papers by October 21, 2022. Defendant shall file any opposition papers by October 26, 2022. The TRO shall remain in effect until the Court rules on the preliminary injunction. (dgo) (Entered: 10/16/2022) (3) |
| Oct 12, 2022 | 14 | INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kdu) (Entered: 10/12/2022) (6) |
| Oct 11, 2022 | 13 | NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen E. Scott to Magistrate Judge Karen E. Scott for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Douglas F. McCormick. The case number will now reflect the initials of the transferee Judges 8:22-cv-01800-DOC (DFMx). (et) (Entered: 10/11/2022) (1) |
| Oct 7, 2022 | 12 | EX PARTE APPLICATION for Temporary Restraining Order as to enjoining Defendant Leah Alspaugh and anyone acting in concert with Defendant Leah Alspaugh from (1) Infringing on Plaintiffs federally registered trademarks; (2) Making representations to any person or entity, or federal or state agency, that she is the owner, agent, representative of, or has any affiliation with, Plaintiff or any of its brands, including LA Fitness and Pro Results; (3) Taking any action, including filing any document, with any federal or state agency in any state, under the name LA Fitness, Fitness International, LLC, Pro Results, Leah Alspaugh Fitness International, or Leah Alspaugh LA Fitness, LLC; (4) Contacting any of Plaintiffs employees by email, phone or in person; and (5) Entering, or coming within 500 feet, of any of Plaintiffs facilities nationwide, including its gyms and corporate offices. filed by Plaintiff Fitness International, LLC. (Attachments: # 1 Memorandum, # 2 Declaration of Alice Chen Smith, # 3 Declaration of Megan Stokesberry, # 4 Exhibit A to Decl. of Megan Stokesberry, # 5 Exhibit B to Decl. of Megan Stokesberry, # 6 Exhibit C to Decl. of Megan Stokesberry, # 7 Exhibit D to Decl. of Megan Stokesberry, # 8 Exhibit E to Decl. of Megan Stokesberry, # 9 Exhibit F to Decl. of Megan Stokesberry, # 10 Exhibit G to Decl. of Megan Stokesberry, # 11 Exhibit H to Decl. of Megan Stokesberry, # 12 Exhibit I to Decl. of Megan Stokesberry, # 13 Declaration of Mervet Shuber, # 14 Exhibit J to Decl. of Mervet Shuber, # 15 Exhibit K to Decl. of Mervet Shuber, # 16 Exhibit L to Decl. of Mervet Shuber, # 17 Exhibit M to Decl. of Mervet Shuber, # 18 Proposed Order) (Chen Smith, Alice) (Entered: 10/07/2022) (0) |
| Oct 6, 2022 | 11 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Fitness International, LLC. (DeMetruis, Christine) (Entered: 10/06/2022) (1) |
| Oct 6, 2022 | 10 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Leah Alspaugh. (es) (Entered: 10/06/2022) (1) |
| Oct 5, 2022 | 9 | Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 2 , Certificate/Notice of Interested Parties 4 , Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff Fitness International, LLC. (Chen Smith, Alice) (Entered: 10/05/2022) (1) |
| Oct 5, 2022 | 8 | NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (Attachments: # 1 AO Form 120) (rolm) (Entered: 10/05/2022) (0) |
| Oct 5, 2022 | 7 | NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, 5 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (rolm) (Entered: 10/05/2022) (2) |
| Oct 5, 2022 | 6 | NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen E. Scott. (Attachments: # 1 CV-11 C) (rolm) (Entered: 10/05/2022) (0) |
| Oct 3, 2022 | 5 | Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 2 , Certificate/Notice of Interested Parties 4 , Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS. (Chen Smith, Alice) (Entered: 10/03/2022) (2) |
| Oct 3, 2022 | 4 | Certification and NOTICE of Interested Parties filed by Plaintiff FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS, (Chen Smith, Alice) (Entered: 10/03/2022) (1) |
| Oct 3, 2022 | 3 | PROOF OF SERVICE Executed by Plaintiff FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon Leah Alspaugh; Defendant in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Chen Smith, Alice) (Entered: 10/03/2022) (2) |
| Oct 3, 2022 | 2 | CIVIL COVER SHEET filed by Plaintiff FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS. (Chen Smith, Alice) (Entered: 10/03/2022) (3) |
| Oct 3, 2022 | 1 | COMPLAINT with filing fee previously paid (402.00 paid on 10/03/2022, receipt number ACACDC-34091402), filed by Plaintiff FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS. (Attorney Alice Chen Smith added to party FITNESS INTERNATIONAL, LLC, a California Limited Liability Company, dba LA FITNESS(pty:pla))(Chen Smith, Alice) (Entered: 10/03/2022) (17) |
