Case number 1:20-cv-02790
Lighting & Supplies, Inc. v. New Sunshine Energy Solutions INC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 14, 2023 | 30 | REPORT AND RECOMMENDATION re 28 MOTION for Damages. For the reasons stated herein, this Court respectfully recommends that the District Court (1) grant Plaintiff's motion for statutory damages under the Lanham Act, 15 U.S.C. Sec. 1117(c), in the amount of $50,000 for each of its five marks violated by California Defendants, for a total of $250,000; (2) deny Plaintiff's request for an award of attorneys' fees; (3) grant Plaintiff's request for an award of $1,692.35 in costs; and (4) grant Plaintiff's request for an award of post-judgment interest on the money judgments entered in this action. The Court also respectfully recommends that the claims as to which and defendants against which Plaintiff has failed to timely move for a default judgment be dismissed as to any damages claims or claims for injunctive relief in this action. Objections to this report and recommendation are due by 3/28/2023. The Court mailed copies of this report and recommendation to New Sunshine Lighting, Inc., 15344A Valley Blvd., City of Industry, CA 91746; New Sunshine Energy Solutions Inc., 15344A Valley Blvd., City of Industry, CA 91746; New Sunshine Lighting, Inc., 13321 Garden Grove Blvd. North, Garden Grove, CA 92843; New Sunshine Energy Solutions Inc., 13321 Garden Grove Blvd. North, Garden Grove, CA 92843; Shenzhen Zhaopeng Technology Co. Ltd., Building 9th, Baiyunshan Industrial Park, Dalang Street, Longhua Town, Bao'an dis. Shenzhen 518019, China; and Dongguan Zhaopeng Lighting Technology Co., Ltd., Floor 4, Building D, No. 1, 1st Street, 128 Industry Zone, Zhenxingwei Community, Tangxia Town, Dongguan, Guangdong, China. The Court will also email a copy of this report and recommendation to order@newsunshine.net. Ordered by Magistrate Judge Vera M. Scanlon on 3/14/2023. (GS) Modified on 3/15/2023 (GS). (Entered: 03/14/2023) (20) |
| Jan 23, 2023 | 29 | AFFIDAVIT of Service for Plaintiff's Motion for Damages served on defendants, NEW SUNSHINE LIGHTING, INC. and NEW SUNSHINE ENERGY SOLUTIONS INC. on 1/23/23, filed by Lighting & Supplies, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lewin, Jacob) (Entered: 01/23/2023) (0) |
| Jul 1, 2022 | 28 | MOTION for Damages against NEW SUNSHINE LIGHTING, INC. and NEW SUNSHINE ENERGY SOLUTIONS INC by Lighting & Supplies, Inc.. (Attachments: # 1 Declaration of Jacob E. Lewin, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Memorandum in Support) (Lewin, Jacob) (Entered: 07/01/2022) (0) |
| Jun 10, 2022 | N/A | ELECTRONIC ORDER: Plaintiff's letter application 27 is GRANTED. By July 1, 2022 the plaintiff shall serve and file their motion for damages, attorney's fees and costs as to the counts which liability 21 was granted. Ordered by Judge Frederic Block on 6/10/2022. (Innelli, Michael) (Entered: 06/10/2022) (0) |
| Jun 9, 2022 | 27 | Second MOTION for Extension of Time to File motion for damages, attorneys fees, and costs against defendants, New Sunshine Lighting and New Sunshine Energy Solutions by Lighting & Supplies, Inc.. (Lewin, Jacob) (Entered: 06/09/2022) (1) |
| May 13, 2022 | N/A | ELECTRONIC ORDER: Plaintiff's letter application 26 is GRANTED. By June 9, 2022 the plaintiff shall serve and file their motion for damages, attorney's fees and costs as to the counts which liability 21 was granted. Ordered by Judge Frederic Block on 5/13/2022. (Innelli, Michael) (Entered: 05/13/2022) (0) |
| May 13, 2022 | 26 | First MOTION for Extension of Time to File motion for damages, attorneys fees, and costs against defendants, New Sunshine Lighting and New Sunshine Energy Solutions by Lighting & Supplies, Inc.. (Lewin, Jacob) (Entered: 05/13/2022) (1) |
| May 3, 2022 | N/A | ELECTRONIC ORDER: Plaintiff's letter application 25 is GRANTED. By May 23, 2022 the plaintiff shall serve and file an amended complaint as to claims II, IV and V to the extent it is premised on a deceptive business practices under New York statutory law. Ordered by Judge Frederic Block on 5/3/2022. (Innelli, Michael) (Entered: 05/03/2022) (0) |
| May 2, 2022 | 25 | Second MOTION for Extension of Time to Amend 1 Complaint, by Lighting & Supplies, Inc.. (Lewin, Jacob) (Entered: 05/02/2022) (1) |
| Mar 31, 2022 | N/A | ELECTRONIC ORDER: Plaintiff's letter application 24 is GRANTED. By May 2, 2022 the plaintiff shall serve and file an amended complaint as to claims II, IV and V to the extent it is premised on a deceptive business practices under New York statutory law. Ordered by Judge Frederic Block on 3/31/2022. (Innelli, Michael) (Entered: 03/31/2022) (0) |
| Mar 31, 2022 | 24 | Letter MOTION for Extension of Time to Amend 1 Complaint, by Lighting & Supplies, Inc.. (Lewin, Jacob) (Entered: 03/31/2022) (1) |
| Mar 31, 2022 | 23 | Mail Returned as Undeliverable, 21 M&O. Mail sent to New Sunshine Lighting, Inc., 13321 Garden Grove Blvd. North, Garden Grove, CA 92843. (Lee, Tiffeny) (Entered: 03/31/2022) (4) |
| Mar 28, 2022 | 22 | Mail Returned as Undeliverable, Doc 21 M&O. Mail sent to New Sunshine Energy Solutions Inc., 13321 Garden Grove Blvd. North, Garden Grove, CA 92843. (Lee, Tiffeny) (Entered: 03/31/2022) (4) |
| Mar 14, 2022 | 21 | MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION. 18 without de novo review and granting in part and denying in part plaintiff's motion for 16 a default judgment. Ordered by Judge Frederic Block on 3/14/2022. (Innelli, Michael) (Main Document 21 replaced on 3/15/2022) (Innelli, Michael). (Entered: 03/14/2022) (3) |
| Mar 4, 2022 | 20 | Mail sent to Mail Returned as Undeliverable, 18 Report and Recommendations. Mail sent to New Sunshine Lighting, Inc., 13321 Garden Grove Blvd. North, Garden Grove, CA 92843. Envelope marked, Return to Sender, Attempted Not Known, Unable to Forward. (Lee, Tiffeny) (Entered: 03/07/2022) (2) |
| Mar 4, 2022 | 19 | Mail Returned as Undeliverable, 18 Report and Recommendations. Mail sent to New Sunshine Energy Solutions Inc., 13321 Garden Grove Blvd. North, Garden Grove, CA 92843. Envelope marked, Return to Sender, Attempted Not Known, Unable to Forward. (Lee, Tiffeny) (Entered: 03/07/2022) (2) |
| Feb 10, 2022 | 18 | REPORT AND RECOMMENDATION re 16 Motion for Default Judgment. For the reasons stated herein, this Court respectfully recommends that the District Court grant Plaintiff's motion for default judgment on liability with respect to Count I, Count III and Count V, to the extent liability for Count V is premised on New York common law unfair competition only. This Court respectfully recommends denying without prejudice Plaintiff's motion for default judgment on liability with respect to Count II, Count IV and the claim for deceptive trade practices under N.Y. Gen. Bus. Law 349 as part of Count V. This Court also respectfully recommends that the Court deny without prejudice Plaintiff's request for injunctive relief. I also respectfully recommend that Plaintiff be granted leave to file an amended complaint as to the denied claims and relief within 21 days of the adoption of this report and recommendation, if it is adopted. If Plaintiff files an amended complaint, I respectfully recommend that Plaintiff be granted leave to serve the amended complaint through the methods provided in the Court's October 23, 2020 Order on alternative service. If Plaintiff elects not to file an amended complaint, I respectfully recommend that, to the extent Plaintiff's Complaint is legally sufficient, Plaintiff be granted leave to renew its motion for default judgment as to the denied claims and/or make a motion for damages, attorneys' fees and costs, and/or injunctive relief within 21 days of the adoption of this report and recommendation, if it is adopted. On any such motion, Plaintiff must submit appropriate documentation and legal briefing, as necessary and as required by the Local Rules, and it must be served on Defaulting Defendants as provided for in the Court's October 23, 2020 Order.The Court will mail a copy of this report and recommendation to Defaulting Defendants at: New Sunshine Lighting, Inc., 15344A Valley Blvd., City of Industry, CA 91746; New Sunshine Energy Solutions Inc., 15344A Valley Blvd., City of Industry, CA 91746; New Sunshine Lighting, Inc., 13321 Garden Grove Blvd. North, Garden Grove, CA 92843; and New Sunshine Energy Solutions Inc., 13321 Garden Grove Blvd. North, Garden Grove, CA 92843. The Court will also email a copy of this report and recommendation to Defaulting Defendants at order@newsunshine.net. Objections to R&R due within the time permitted after service of the R&R, and in accordance with the Individual Rules of the District Judge. Failure to file timely objections waives the right to further judicial review. Ordered by Magistrate Judge Vera M. Scanlon on 2/10/2022. (Scully, Nicole) (Entered: 02/10/2022) (20) |
| Feb 3, 2022 | 17 | AFFIDAVIT of Service for Plaintiff's default judgment motion at ECF No. 16 pursuant to the February 1, 2022 order of Magistrate Judge Vera M. Scanlon, served on defendants, NEW SUNSHINE LIGHTING, INC. and NEW SUNSHINE ENERGY SOLUTIONS INC. on 2/22/22, filed by Lighting & Supplies, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lewin, Jacob) (Entered: 02/03/2022) (0) |
| Feb 1, 2022 | N/A | ORDER: Plaintiff's default judgment motion at ECF No. 16 fails to comply with the Court's Local Rules. Local Civ. R. 55.2. On or before 2/3/2022, Plaintiff is to serve the motion for a default judgment with all of the supporting papers on Defendants at their registered corporate addresses as required by the Local Rules, Local Civ. R. 55.2(c), as well as at the email address order@newsunshine.net. On or before 2/7/2022, Plaintiff is to file proof of service on ECF. Ordered by Magistrate Judge Vera M. Scanlon on 2/1/2022. (Scully, Nicole) (Entered: 02/01/2022) (0) |
| Apr 2, 2021 | N/A | ELECTRONIC ORDER REFERRING: Plaintiff's motion 16 for default judgment to MJ SCANLON to hold an inquest or hearing to determine both liability and damages and then issue a report and recommendation. Ordered by Judge Frederic Block on 4/2/2021. Motions referred to Vera M. Scanlon. (Innelli, Michael) (Entered: 04/02/2021) (0) |
| Apr 2, 2021 | 16 | Notice of MOTION for Default Judgment by Lighting & Supplies, Inc.. (Attachments: # 1 Declaration of Jacob Hartman, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Declaration of Jacob E. Lewin, Esq., # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Memorandum in Support) (Lewin, Jacob) (Entered: 04/02/2021) (0) |
| Feb 19, 2021 | N/A | ORDER granting 15 Motion for Extension of Time to File. STATUS REPORT ORDER: On or before 4/2/2021, Plaintiff may file the motion for default judgment. Plaintiff is directed to serve a copy of this Order on Defendants. Ordered by Magistrate Judge Vera M. Scanlon on 2/19/2021. (Quinlan, Krista) (Entered: 02/19/2021) (0) |
| Feb 18, 2021 | 15 | Letter MOTION for Extension of Time to File motion for default judgment against New Sunshine Lighting and New Sunshine Energy Solutions by Lighting & Supplies, Inc.. (Lewin, Jacob) (Entered: 02/18/2021) (1) |
| Jan 25, 2021 | 14 | Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant New Sunshine Energy Solutions INC, New Sunshine Lighting, INC. has failed to appear or otherwise defend this action, the default of defendant New Sunshine Energy Solutions INC, New Sunshine Lighting, INC. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) (Entered: 01/25/2021) (1) |
| Jan 19, 2021 | 13 | Request for Certificate of Default by Lighting & Supplies, Inc. (Attachments: # 1 Declaration of Jacob E. Lewin, Esq. in support, # 2 Proposed Order Granting Request for Certificate of Default against NEW SUNSHINE LIGHTING, INC. and NEW SUNSHINE ENERGY SOLUTIONS INC.) (Lewin, Jacob) (Entered: 01/19/2021) (0) |
| Jan 12, 2021 | N/A | STATUS REPORT ORDER: As discussed during the 1/12/2021 conference, on or before 1/19/2021, Plaintiff shall request for certificate of default from the Clerk's Office. Within 30 days of the issuance of certificate of default, Plaintiff shall file motion for default judgment against Defendants in accordance with the Federal Rules of Civil Procedure and the Local Civil Rules. Plaintiff is directed to serve a copy of this Order on Defendants. Ordered by Magistrate Judge Vera M. Scanlon on 1/12/2021. (Quinlan, Krista) (Entered: 01/12/2021) (0) |
| Jan 12, 2021 | N/A | Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 1/12/2021. Jacob E. Lewin appearing for Plaintiff. No appearances for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:39-12:43.) (Quinlan, Krista) (Entered: 01/12/2021) (0) |
| Nov 30, 2020 | 12 | DECLARATION re Order on Motion for Service by Publication,,,,,,,,,,,,, Scheduling Order,,,,, to confirm proof of service upon defendants, NEW SUNSHINE LIGHTING, INC. and NEW SUNSHINE ENERGY SOLUTIONS INC. by Lighting & Supplies, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Lewin, Jacob) (Entered: 11/30/2020) (0) |
| Oct 23, 2020 | N/A | SCHEDULING ORDER: A telephonic Status Conference is set for 1/12/2021 at 12:30 PM EST before Magistrate Judge Vera M. Scanlon. Defendants shall participate and must be represented by attorney(s). Should Defendants fail to respond to Plaintiff's complaint and/or fail to participate in the telephonic Status Conference, Plaintiff may be given leave to move for default and seek default judgment against Defendants. Plaintiff is directed to serve a copy of this Scheduling Order on Defendants along with the complaint. See Dkt. Order 10/23/2020. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Please do not use the speaker function on your phone, remember to identify yourselves every time you speak, and speak slowly and deliberately for purposes of the record. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Magistrate Judge Vera M. Scanlon on 10/23/2020. (Chean, Jasmine) (Entered: 10/23/2020) (0) |
| Oct 23, 2020 | N/A | ORDER. Plaintiff's 10 Motion for service by publication, service by alternative means and/or enlargement of time to serve pursuant to FRCP 4(m) is GRANTED. To be entitled to service by alternative means, plaintiff must show that "other prescribed methods of service were impracticable." Ferrarese v. Shaw, 164 F. Supp. 3d 361, 365 (E.D.N.Y. 2016). Courts have found a showing of impracticability where the plaintiff made multiple attempts to serve defendant by prescribed methods to no avail. See, e.g., D.R.I., Inc. v. Dennis, No. 03 Civ. 10026, 2004 WL 1237511, at *1 (S.D.N.Y. June 3, 2004) (holding that "[p]laintiff has shown that service is impracticable under the methods specified by New York and Federal Rules of Civil Procedure" where plaintiff attempted unsuccessfully to serve defendant personally at his last known address, performed a "skip trace" search using a process server, and performed searches on the internet). Here, Plaintiff has demonstrated that it would be impracticable to serve Defendants New Sunshine Lighting and New Sunshine Energy Solutions by traditional methods of service. Plaintiff's process server attempted personal service on both Defendants on five different occasions at two different addresses, one of which is the address listed for the Defendants on the California Secretary of State website. When the efforts were unfruitful, Plaintiff also attempted to reach Defendants via telephone and e-mail but never received any response. Plaintiff also served Defendants by certified mail with Notice of Acknowledgement and receipt but also did not receive a response within the 20-day period allotted by Section 415.30 of the California Code of Civil Procedure. Despite diligent searches to find an alternative address for the Defendants, Plaintiff has not been able to find any other address for Defendants. This Court finds that Plaintiff has made persistent, diligent and varied efforts to serve Defendants.Plaintiff's proposal to serve Defendants by service upon the California Secretary of State, posting upon Defendants' registered corporate addresses, certified mail to Defendants' registered corporate addresses, and email to "order@newsunshine.net" is appropriate. These proposed alternative methods of service comply with "constitutional due process by being reasonably calculated, under the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." Ferrarese, 164 F. Supp. 3d at 366 (citation & internal quotation marks omitted). In light of Plaintiff's statement that Defendants appear to have abandoned their unit at 13321 Garden Grove Blvd. North, this Court finds that service upon the California Secretary of State, combined with Plaintiff's proposed additional forms of service, would best apprise Defendants of this action and provide them the opportunity to respond. On or before November 30, 2020, Plaintiff shall serve Defendants New Sunshine Lighting and New Sunshine Energy Solutions by the proposed means of alternative service. On or before December 30, 2020, Plaintiff shall file proof of service for Defendants. Ordered by Magistrate Judge Vera M. Scanlon on 10/23/2020. (Chean, Jasmine) (Entered: 10/23/2020) (0) |
| Oct 7, 2020 | 11 | AFFIDAVIT/DECLARATION in Support re 10 Notice of MOTION for Service by Publication , service by alternative means and/or enlarging time to serve pursuant to FRCP 4(m) filed by Lighting & Supplies, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lewin, Jacob) (Entered: 10/07/2020) (0) |
| Sep 23, 2020 | N/A | STATUS REPORT ORDER: As discussed during the 9/23/2020 conference, in light of Plaintiff awaiting the conclusion of California period for Defendants' response, on or about 10/7/2020, Plaintiff will file a supplemental affidavit regarding service issues discussed. Based on Plaintiffs diligent effort to serve Defendants, time to serve all Defendants is extended to 11/30/2020. Ordered by Magistrate Judge Vera M. Scanlon on 9/23/2020. (Quinlan, Krista) (Entered: 09/23/2020) (0) |
| Sep 23, 2020 | N/A | Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 9/23/2020. Jacob Lewin appearing for Plaintiff. No appearance for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #4:20-4:34.) (Quinlan, Krista) (Entered: 09/23/2020) (0) |
| Sep 14, 2020 | N/A | SCHEDULING ORDER: A Telephone Conference is set for 9/23/2020 at 4:00 PM before Magistrate Judge Vera M. Scanlon. The Parties are to call 877-336-1829 and type in the access code 3581283. Should the Parties experience delays or difficulty accessing the conference bridge due to a high volume of calls, please dial again. Ordered by Magistrate Judge Vera M. Scanlon on 9/14/2020. (Quinlan, Krista) (Entered: 09/14/2020) (0) |
| Sep 11, 2020 | N/A | ELECTRONIC ORDER: Referring plaintiff's motion 10 requesting alternative means to serve the defendant to MJ SCANLON who will be handling all pre-trial matters in this litigation. Ordered by Judge Frederic Block on 9/11/2020. (Innelli, Michael) (Entered: 09/11/2020) (0) |
| Sep 10, 2020 | 10 | Notice of MOTION for Service by Publication , service by alternative means and/or enlarging time to serve pursuant to FRCP 4(m) by Lighting & Supplies, Inc.. (Attachments: # 1 Affidavit in Support of Jonathan L. Adler, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Memorandum in Support) (Adler, Jonathan) (Entered: 09/10/2020) (0) |
| Aug 14, 2020 | 9 | NOTICE of Appearance by Jacob E. Lewin on behalf of Lighting & Supplies, Inc. (aty to be noticed) (Lewin, Jacob) (Entered: 08/14/2020) (1) |
| Jun 26, 2020 | 8 | Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: # 1 complaint) (Rocco, Christine) (Entered: 06/26/2020) (0) |
| Jun 25, 2020 | 7 | This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 06/25/2020) (1) |
| Jun 24, 2020 | 6 | NOTICE of Appearance by Andrew Bochner on behalf of All Plaintiffs (notification declined or already on case) (Bochner, Andrew) (Entered: 06/24/2020) (1) |
| Jun 24, 2020 | 5 | APPLICATION 4 Motion for Refund of Fees Paid Electronically Ordered by Clerk of Court on 6/24/2020. (Marziliano, August) (Entered: 06/24/2020) (1) |
| Jun 24, 2020 | 4 | MOTION for Refund of Fees Paid Electronically by Lighting & Supplies, Inc.. (Marziliano, August) (Entered: 06/24/2020) (1) |
| Jun 24, 2020 | 3 | Summons Issued as to Dongguan Zhaopeng Lighting Technology Co., LTD., New Sunshine Energy Solutions INC, New Sunshine Lighting, INC., New Sunshine Manufacturing CO., LTD, Shenzhen Zhaopeng Technology Co. LTD.. (Marziliano, August) (Entered: 06/24/2020) (1) |
| Jun 24, 2020 | N/A | Case Assigned to Judge Frederic Block and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Marziliano, August) (Entered: 06/24/2020) (0) |
| Jun 24, 2020 | 2 | In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Marziliano, August) (Entered: 06/24/2020) (2) |
| Jun 24, 2020 | 1 | COMPLAINT against All Defendants, filed by Lighting & Supplies, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK, # 5 Proposed Summons) (Marziliano, August) Fee paid $400.00 ANYEDC-12966823. (Entered: 06/24/2020) (0) |
