Case number 8:21-cv-00832
Tuong Nguyen et al v. Smartervitamins Corporation > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 13, 2023 | 164 | REQUEST of Adam I. Gafni to Withdraw as Attorney filed by Defendant Smartervitamins Corporation, Smartervitamins LLC. Request set for hearing on 4/17/2023 at 08:00 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order) (Fowler, Mateo) (Entered: 03/13/2023) (0) |
| Feb 9, 2023 | 163 | LIST OF EXHIBITS AND WITNESSES at trial. (twdb) (Entered: 02/09/2023) (12) |
| Feb 7, 2023 | 162 | FINAL JOINT Exhibit List filed by DEFENDANT Smartervitamins Corporation, Smartervitamins LLC.. (Fowler, Mateo) (Entered: 02/07/2023) (10) |
| Jan 20, 2023 | 160 | ORDER by Judge David O. Carter: Granting Plaintiffs' APPLICATION for Leave to File Under Seal Plaintiffs' Post-Trial Proposed Findings of Fact and Conclusions of Law 156 , 157 . (twdb) (Entered: 01/20/2023) (2) |
| Jan 20, 2023 | 161 | SEALED DOCUMENT PLAINTIFFS POST-TRIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW re Order on Motion for Leave to File Document, Order on Motion for Leave to File Document Under Seal 160 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc..(Cionca, Marin) (Entered: 01/20/2023) (0) |
| Jan 17, 2023 | 156 | APPLICATION for Leave to file PLAINTIFFS POST-TRIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW under seal filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document PLAINTIFFS POST-TRIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW) (Cionca, Marin) (Entered: 01/17/2023) (0) |
| Jan 17, 2023 | 157 | APPLICATION to file document PLAINTIFFS POST-TRIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW under seal filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document PLAINTIFFS POST-TRIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW)(Cionca, Marin) (Entered: 01/17/2023) (0) |
| Jan 17, 2023 | 158 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document PLAINTIFFS POST-TRIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW under seal 157 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Unredacted Document PLAINTIFFS POST-TRIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW)(Cionca, Marin) (Entered: 01/17/2023) (0) |
| Jan 17, 2023 | 159 | PROPOSED MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Smartervitamins Corporation, Smartervitamins LLC. (Fowler, Mateo) (Entered: 01/17/2023) (30) |
| Jan 10, 2023 | 155 | SCHEDULING NOTICE by Judge David O. CarterParties' deadline to file their Findings of Fact and Conclusions of Law is extended to January 17, 2023.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 01/10/2023) (0) |
| Jan 9, 2023 | 153 | TRANSCRIPT DAY 3, VOL. 2, for proceedings held on 12/19/2022 at 2:36 p.m. ****Transcript may be viewed at the court public terminal or purchased through Court Reporter DEBBIE HINO-SPAAN at: WEBSITE www.debbiehinospaan.com; E-mail, dhinospaan@yahoo.com before the deadline for Release of Transcript restriction. After that date, it may be obtained from the Court Reporter or through PACER. Additional formats of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available to be purchased at any time through the Court Reporter. Notice of Intent to Redact due within 7 days of this date.** Redaction Request due 1/30/2023. Redacted Transcript Deadline set for 2/9/2023. Release of Transcript Restriction set for 4/10/2023. (dhs) (Entered: 01/09/2023) (0) |
| Jan 9, 2023 | 154 | NOTICE OF FILING TRANSCRIPT filed for proceedings 12/19/2022 at 2:36 p.m. re Transcript 153 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dhs) TEXT ONLY ENTRY (Entered: 01/09/2023) (0) |
| Jan 3, 2023 | 149 | TRANSCRIPT for proceedings held on 12/21/2022 7:52 a.m.. Court Reporter/Electronic Court Recorder: ECHO REPORTING, INC., phone number (858) 453-7590. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/24/2023. Redacted Transcript Deadline set for 2/3/2023. Release of Transcript Restriction set for 4/3/2023. (aa) Modified on 1/3/2023 (aa). (Entered: 01/03/2023) (0) |
| Jan 3, 2023 | 150 | TRANSCRIPT for proceedings held on 12/21/2022 11:37 a.m.. Court Reporter/Electronic Court Recorder: ECHO REPORTING, INC., phone number (858) 453-7590. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/24/2023. Redacted Transcript Deadline set for 2/3/2023. Release of Transcript Restriction set for 4/3/2023. (aa) (Entered: 01/03/2023) (0) |
| Jan 3, 2023 | 151 | NOTICE OF FILING TRANSCRIPT filed for proceedings 12/21/2022 7:52 a.m. & 11:37 a.m. re Transcript 149 , 150 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aa) TEXT ONLY ENTRY (Entered: 01/03/2023) (0) |
| Dec 23, 2022 | 144 | TRANSCRIPT ORDER as to defendant Smartervitamins Corporation, Smartervitamins LLC for Court Smart (CS). Court will contact Mateo Z. Fowler at mateofowler@mzflaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Fowler, Mateo) (Entered: 12/23/2022) (1) |
| Dec 23, 2022 | 145 | TRANSCRIPT ORDER as to Plaintiffs Tuong Nguyen, Smarter Nutrition Inc. for Court Smart (CS). Court will contact Marin Cionca at marin@cioncaip.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Cionca, Marin) (Entered: 12/23/2022) (2) |
| Dec 21, 2022 | 148 | MINUTES OF Court Trial (5th Day) held and completed before Judge David O. Carter: Witnesses called, sworn and testified. Exhibits identified and admitted. Closing arguments made by plaintiff(s), defendant(s). Plaintiff(s) rest. Defendant(s) rest. Case submitted. Briefs to be filed 1/15/23. The Court gives rulings on exhibits, see attached. SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Court Smart and Deborah Parker. (twdb) (Entered: 12/28/2022) (2) |
| Dec 21, 2022 | 152 | LIST OF EXHIBITS AND WITNESSES at trial. (twdb) (Entered: 01/04/2023) (13) |
| Dec 20, 2022 | 147 | MINUTES OF Court Trial (4th day )held before Judge David O. Carter: Witnesses called, sworn and testified. Exhibits identified and admitted. Court Trial continued to 12/21/2022 at 07:30 AM before Judge David O. Carter. Court Reporter: Debbie Gale and Deborah Parker. (twdb) (Entered: 12/28/2022) (1) |
| Dec 19, 2022 | 146 | MINUTES OF Court Trial (3rd day )held before Judge David O. Carter: Witnesses called, sworn and testified. Exhibits identified and admitted. Court Trial continued to 12/20/2022 at 08:00 AM before Judge David O. Carter. Deft. motion to strike Cau Hoa testimony is Denied. Court Reporter: Debbie Gale and Debbie Hino-Spaan. (twdb) (Entered: 12/28/2022) (1) |
| Dec 17, 2022 | 142 | NOTICE of Appearance filed by attorney R. Joseph Trojan on behalf of Plaintiffs Tuong Nguyen, Smarter Nutrition Inc. (Attorney R. Joseph Trojan added to party Tuong Nguyen(pty:pla), Attorney R. Joseph Trojan added to party Smarter Nutrition Inc.(pty:pla))(Trojan, R.) (Entered: 12/17/2022) (2) |
| Dec 17, 2022 | 143 | NOTICE of Appearance filed by attorney R. Joseph Trojan on behalf of Plaintiffs Tuong Nguyen, Smarter Nutrition Inc. (Trojan, R.) (Entered: 12/17/2022) (2) |
| Dec 15, 2022 | 141 | SCHEDULING NOTICE by Judge David O. Carter Status Conference set for 12/16/2022 04:00 PM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 12/15/2022) (0) |
| Dec 7, 2022 | 140 | MINUTES OF Court Trial (Second day )held before Judge David O. Carter: Witnesses called, sworn and testified. Exhibits identified and admitted. Court Trial continued to 12/19/2022 at 08:00 AM before Judge David O. Carter. Court Reporter: Sharon Seffens and Debbie Hino-Spaan. (twdb) (Entered: 12/13/2022) (1) |
| Nov 30, 2022 | 139 | MINUTES OF Court Trial (1st day ) held before Judge David O. Carter: Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. Court Trial continued to 12/7/2022 at 04:00 PM before Judge David O. Carter. Court Reporter: Sharon Seffens. (twdb) (Entered: 12/01/2022) (1) |
| Nov 22, 2022 | 138 | MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER ADVANCING COURT TRIAL. Counsel for both parties shall be prepared to on November 30th to give opening statements at minimum. Any witnesses that can be produced for November 30th will be greatly appreciated. ( Trial advanced to 11/30/2022 at 10:00 AM before Judge David O. Carter.) (twdb) (Entered: 11/22/2022) (1) |
| Nov 9, 2022 | 136 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Miscellaneous Document 134 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request (for order). Proposed document was not submitted or was not submitted as a separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 11/09/2022) (1) |
| Nov 8, 2022 | 132 | URGENT SCHEDULING NOTICE by Judge David O. Carter: The Court ORDERS parties to appear for EMERGENCY PRETRIAL CONFERENCE on 11/8/2022 at 9:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 11/08/2022) (0) |
| Nov 8, 2022 | 133 | URGENT AMENDED SCHEDULING NOTICE by Judge David O. Carter: The Court ORDERS parties to appear for EMERGENCY PRETRIAL CONFERENCE on 11/8/2022 at 4:30 PM before Judge David O. Carter.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 11/08/2022) (0) |
| Nov 8, 2022 | 134 | REQUEST FOR REMOTE APPEARANCE TO SPECIAL PRETRIAL CONFERENCE re: Text Only Scheduling Notice, 133 (Attachments: # 1 Declaration of Mateo Z. Fowler)(Fowler, Mateo) Modified on 11/9/2022 (twdb). (Entered: 11/08/2022) (0) |
| Nov 8, 2022 | 135 | ORDER by Judge David O. Carter: Denying 102 , 108 Motions in Limine. For the foregoing reasons, the Court DENIES Defendants MIL #1 (Dkt 102) and DENIES Plaintiffs MILs #13 (all filed under Dkt. 108). SEE DOCUMENT FUR FURTHER INFORMATION. (twdb) (Entered: 11/09/2022) (3) |
| Nov 8, 2022 | 137 | MINUTES OF EMERGENCY Pretrial Conference RE Trial Dates held before Judge David O. Carter: The case is called. The Court and counsel confer. Court trial date will remain for January 31, 2023. Court Reporter: Court Smart. (twdb) (Entered: 11/17/2022) (1) |
| Nov 4, 2022 | 131 | MINUTE ORDER (IN CHAMBERS): ORDER CONTINUING COURT TRIAL by Judge David O. Carter. Due to scheduling conflicts, the Court on its own motion CONTINUES the court trial in this matter from November 8, 2022 to January 31, 2023 at 8:30 am. (lom) (Entered: 11/04/2022) (1) |
| Oct 24, 2022 | 129 | Notice of Appearance or Withdrawal of Counsel: for attorney Adam Gafni counsel for Defendant Smartervitamins Corporation. Adding Adam I. Gafni as counsel of record for Smartervitamins Corporation for the reason indicated in the G-123 Notice. Filed by Defendant and Counter Claimant Smartervitamins LLC. (Attorney Adam Gafni added to party Smartervitamins Corporation(pty:dft))(Gafni, Adam) (Entered: 10/24/2022) (2) |
| Oct 24, 2022 | 130 | MINUTES OF Motion Hearing held before Judge David O. Carter: FINAL PRETRIAL CONFERENCE DEFENDANT'S MOTION IN LIMINE (#1) TO EXCLUDE EVIDENCE OF DAMAGES 101 ; DEFENDANT'S MOTION IN LIMINE (#2)TO EXCLUDE EVIDENCE OF ABANDONMENT OF TRADEMARK APPLICATION 102 ; DEFENDANT'S MOTION IN LIMINE (#3) TO EXCLUDE EVIDENCE OF THIRD PARTY ACTS TO SUPPORT USE OF COMMERCE 103 PLAINTIFFS MOTIONS IN LIMINE (#1-3) 108 . The case is called. The Court and counsel confer. The Court hears arguments. SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Deborah Parker. (twdb) (Entered: 10/26/2022) (1) |
| Aug 25, 2022 | 128 | MINUTE ORDER (IN CHAMBERS): ORDER CONTINUING TRIAL AND PRETRIAL HEARINGS [101, 102, 103, 108] by Judge David O. Carter. Due to scheduling conflicts, the Court on its own motion CONTINUES the trial in this matter from September 20, 2022 to November 8, 2022 at 8:30 am. The Final Pretrial Conference is CONTINUED to October 24, 2022 at 10:00 am. All motions in limine (Dkts. 101, 102, 103, 108) are also CONTINUED to October 24, 2022 at 10:00 am. (lom) (Entered: 08/29/2022) (1) |
| Aug 23, 2022 | 127 | Notice Joint Notice of Non-Jury Trial filed by Defendant Smartervitamins Corporation, Smartervitamins LLC. (Fowler, Mateo) (Entered: 08/23/2022) (3) |
| Jul 12, 2022 | 124 | SEALED DOCUMENT FINAL PRETRIAL CONFERENCE ORDER re Order on Motion for Leave to File Document Under Seal, 122 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc..(Cionca, Marin) (Entered: 07/12/2022) (0) |
| Jul 12, 2022 | 125 | SEALED DOCUMENT Plaintiffs' Response and Exhibits A, B, C re MOTION IN LIMINE (#3) to Exclude Evidence of Third Party Acts to Support Use In Commerce 103 , Order on Motion for Leave to File Document Under Seal, 123 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cionca, Marin) (Entered: 07/12/2022) (0) |
| Jul 12, 2022 | 126 | SEALED DOCUMENT EXHIBITS A, C, D, and E to Declaration of Marin Cionca in support of PLAINTIFFS RESPONSE re MOTION IN LIMINE (#1) to Exclude Evidence of Damages 101 , Order on Motion for Leave to File Document Under Seal, 123 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E)(Cionca, Marin) (Entered: 07/12/2022) (0) |
| Jul 7, 2022 | 120 | MINUTE ORDER (IN CHAMBERS): ORDER CONTINUING TRIAL AND PRETRIAL HEARINGS [101, 102, 103, 108] by Judge David O. Carter. Due to scheduling conflicts, the Court on its own motion CONTINUES the trial in this matter from August 9, 2022, to September 20, 2022 at 8:30 AM. The Final Pretrial Conference is CONTINUED to September 12, 2022 at 10:00 am. All motions in limine (Dkts. 101 , 102 , 103 , 108 ) are also CONTINUED to September 12, 2022 at 10:00 am. (lom) (Entered: 07/07/2022) (1) |
| Jul 7, 2022 | 121 | ORDER GRANTING SMARTER VITAMINS APPLICATION TO FILE UNDER SEAL 104 by Judge David O. Carter. Upon reviewing Defendant's Application and supporting Declaration, it is hereby Ordered that Defendant's Application is Granted. (lom) (Entered: 07/07/2022) (2) |
| Jul 7, 2022 | 122 | ORDER GRANTING APPLICATION FOR LEAVE TO FILE UNDER SEAL FINAL PRETRIAL CONFERENCE ORDER 106 by Judge David O. Carter. Before the Court is Plaintiffs Tuong Nguyen and Smarter Nutrition Inc. (Plaintiffs) APPLICATION FOR LEAVE TO FILE UNDER SEAL FINAL PRETRIAL CONFERENCE ORDER (Application). Upon reviewing Plaintiffs' Application and supporting Declaration, it is hereby ORDERED that Plaintiffs' Application be GRANTED. (lom) (Entered: 07/07/2022) (2) |
| Jul 7, 2022 | 123 | ORDER by Judge David O. Carter: Granting 115 , 118 Plaintiffs' APPLICATIONS For Leave to File Under Seal. (twdb) (Entered: 07/07/2022) (2) |
| Jul 5, 2022 | 109 | OPPOSITION to MOTION IN LIMINE to Exclude Evidence 108 NO. 1 filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Fowler, Mateo) (Entered: 07/05/2022) (6) |
| Jul 5, 2022 | 110 | OPPOSITION to MOTION IN LIMINE to Exclude Evidence 108 NO. 2 filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Fowler, Mateo) (Entered: 07/05/2022) (5) |
| Jul 5, 2022 | 111 | OPPOSITION to MOTION IN LIMINE to Exclude Evidence 108 NO. 3 filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Fowler, Mateo) (Entered: 07/05/2022) (5) |
| Jul 5, 2022 | 112 | SEALED DOCUMENT PLAINTIFFS LOCAL RULE 16.4 MEMORANDUM OF CONTENTIONS OF FACT AND LAW re Order on Motion for Leave to File Document Under Seal 98 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc..(Cionca, Marin) (Entered: 07/05/2022) (0) |
| Jul 5, 2022 | 113 | OPPOSITION to MOTION IN LIMINE (#2) to Exclude Evidence of Abandonment of Trademark Application 102 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Proposed Order)(Cionca, Marin) (Entered: 07/05/2022) (0) |
| Jul 5, 2022 | 114 | OPPOSITION to MOTION IN LIMINE (#3) to Exclude Evidence of Third Party Acts to Support Use In Commerce 103 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Proposed Order, # 2 Declaration of Marin Cionca, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Cionca, Marin) (Entered: 07/05/2022) (0) |
| Jul 5, 2022 | 115 | APPLICATION to file document PLAINTIFFS RESPONSE TO DEFENDANTS MOTION IN LIMINE NO. 3 RE: EVIDENCE OF THIRD-PARTY ACTS TO SUPPORT USE IN COMMERCE and Exhibits A-C under seal filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document)(Cionca, Marin) (Entered: 07/05/2022) (0) |
| Jul 5, 2022 | 116 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document PLAINTIFFS RESPONSE TO DEFENDANTS MOTION IN LIMINE NO. 3 RE: EVIDENCE OF THIRD-PARTY ACTS TO SUPPORT USE IN COMMERCE and Exhibits A-C under seal 115 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Unredacted Document, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Cionca, Marin) (Entered: 07/05/2022) (0) |
| Jul 5, 2022 | 117 | OPPOSITION to MOTION IN LIMINE (#1) to Exclude Evidence of Damages 101 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Declaration of Marin Cionca, # 2 Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Cionca, Marin) (Entered: 07/05/2022) (0) |
| Jul 5, 2022 | 118 | APPLICATION to file document EXHIBITS A, C, D, and E to Declaration of Marin Cionca in support of PLAINTIFFS RESPONSE TO DEFENDANTS MOTION IN LIMINE NO. 1 TO EXCLUDE EVIDENCE OF DAMAGES under seal filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Exhibit D)(Cionca, Marin) (Entered: 07/05/2022) (0) |
| Jul 5, 2022 | 119 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document EXHIBITS A, C, D, and E to Declaration of Marin Cionca in support of PLAINTIFFS RESPONSE TO DEFENDANTS MOTION IN LIMINE NO. 1 TO EXCLUDE EVIDENCE OF DAMAGES under seal 118 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E)(Cionca, Marin) (Entered: 07/05/2022) (0) |
| Jun 30, 2022 | 101 | NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Evidence of Damages filed by Defendant Smartervitamins Corporation, Smartervitamins LLC. Motion set for hearing on 7/11/2022 at 08:00 AM before Judge David O. Carter. (Attachments: # 1 Declaration of Mateo Z. Fowler, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order)(Fowler, Mateo) (Entered: 06/30/2022) (0) |
| Jun 30, 2022 | 102 | NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Evidence of Abandonment of Trademark Application filed by Defendant Smartervitamins Corporation, Smartervitamins LLC. Motion set for hearing on 7/11/2022 at 08:00 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order)(Fowler, Mateo) (Entered: 06/30/2022) (0) |
| Jun 30, 2022 | 103 | NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Evidence of Third Party Acts to Support Use In Commerce filed by Defendant Smartervitamins Corporation, Smartervitamins LLC. Motion set for hearing on 7/11/2022 at 08:00 AM before Judge David O. Carter. (Attachments: # 1 Declaration of Mateo Z. Fowler, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Proposed Order)(Fowler, Mateo) (Entered: 06/30/2022) (0) |
| Jun 30, 2022 | 104 | APPLICATION to file document AND EXHIBITS IN SUPPORT OF DEFENDANT'S MOTION IN LIMINE (#3) under seal filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Attachments: # 1 Proposed Order)(Fowler, Mateo) (Entered: 06/30/2022) (0) |
| Jun 30, 2022 | 105 | SEALED DOCUMENT re APPLICATION to file document AND EXHIBITS IN SUPPORT OF DEFENDANT'S MOTION IN LIMINE (#3) under seal 104 , MOTION IN LIMINE (#3) to Exclude Evidence of Third Party Acts to Support Use In Commerce 103 , Protective Order 71 filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Attachments: # 1 Exhibit C UNDER SEAL, # 2 Exhibit D UNDER SEAL, # 3 Exhibit F UNDER SEAL)(Fowler, Mateo) (Entered: 06/30/2022) (0) |
| Jun 30, 2022 | 106 | APPLICATION to file document FINAL PRETRIAL CONFERENCE ORDER under seal filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document)(Cionca, Marin) (Entered: 06/30/2022) (0) |
| Jun 30, 2022 | 107 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document FINAL PRETRIAL CONFERENCE ORDER under seal 106 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Unredacted Document)(Cionca, Marin) (Entered: 06/30/2022) (0) |
| Jun 30, 2022 | 108 | NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Evidence filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. Motion set for hearing on 7/11/2022 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Supplement 2nd MIL, # 2 Supplement 3rd MIL, # 3 Proposed Order)(Cionca, Marin) (Entered: 06/30/2022) (0) |
| Jun 28, 2022 | 98 | ORDER by Judge David O. Carter: Granting 94 Plaintiffs' APPLICATION For Leave to File Under Seal Plaintiffs' Local Rule 16.4 Memorandum of Contentions of Fact and Law. (twdb) (Entered: 06/28/2022) (2) |
| Jun 28, 2022 | 100 | ORDER by Judge David O. Carter, DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT 74 , 78 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 06/29/2022) (11) |
| Jun 27, 2022 | 99 | MINUTES OF Motion Hearing held before Judge David O. Carter: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO AMENDED COMPLAINT 74 SEALED PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 78 . The case is called. The Court and counsel confer. The Court hears arguments on the distributed tentative. The Court adopts the tentative and DENIES Plaintiff's motion for summary judgment as to amended complaint 74 and sealed plaintiff's motion for summary judgment 78 . The Courts written order to issue. The parties are referred to Hon. Andrew J. Guilford, Ret. at Judicate West for mediation. Court Reporter: Court Smart. (twdb) (Entered: 06/29/2022) (1) |
| Jun 21, 2022 | 96 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Smartervitamins Corporation, Smartervitamins LLC. (Fowler, Mateo) (Entered: 06/21/2022) (30) |
| Jun 21, 2022 | 97 | Witness List filed by Defendant Smartervitamins Corporation, Smartervitamins LLC.. (Fowler, Mateo) (Entered: 06/21/2022) (2) |
| Jun 20, 2022 | 91 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Cionca, Marin) (Entered: 06/20/2022) (30) |
| Jun 20, 2022 | 92 | Witness List filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc... (Cionca, Marin) (Entered: 06/20/2022) (3) |
| Jun 20, 2022 | 93 | JOINT Exhibit List filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc... (Cionca, Marin) (Entered: 06/20/2022) (12) |
| Jun 20, 2022 | 94 | APPLICATION to file document PLAINTIFFS LOCAL RULE 16.4 MEMORANDUM OF CONTENTIONS OF FACT AND LAW under seal filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Redacted Document, # 2 Proposed Order)(Cionca, Marin) (Entered: 06/20/2022) (0) |
| Jun 20, 2022 | 95 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document PLAINTIFFS LOCAL RULE 16.4 MEMORANDUM OF CONTENTIONS OF FACT AND LAW under seal 94 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Unredacted Document)(Cionca, Marin) (Entered: 06/20/2022) (0) |
| May 25, 2022 | 88 | SCHEDULING NOTICE by Judge David O. Carter re: MOTION for Summary Judgment as to Amended Complaint 74 , and SEALED MOTION For Summary Judgment re Order on Motion for Leave to File Document Under Seal 77 78 Motion hearing continued to 6/27/2022 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 05/25/2022) (0) |
| May 25, 2022 | 90 | SEALED REPLY RE Reply (Motion related), 85 , Order on Motion for Leave to File Document Under Seal 89 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Unredacted Document SGD, # 2 Unredacted Document Evidentiary Objections, # 3 Supplement Exhibit 1 Supplement, # 4 Supplement Exhibit 2 Supplement, # 5 Exhibit Exhibit 20)(Cionca, Marin) (Entered: 05/25/2022) (0) |
| May 24, 2022 | 89 | ORDER by Judge David O. Carter: Granting 86 Plaintiffs' APPLICATION for Leave to File Under Seal 86 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 05/25/2022) (2) |
| May 23, 2022 | 85 | REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Amended Complaint 74 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Redacted Document SGD, # 2 Redacted Document Evidentiary Objections, # 3 Declaration of Marin Cionca, # 4 Declaration of Elaine Phan, # 5 Exhibit 21, # 6 Exhibit 1 Supplement, # 7 Exhibit 2 Supplement, # 8 Exhibit 20)(Cionca, Marin) (Entered: 05/23/2022) (0) |
| May 23, 2022 | 86 | APPLICATION to file document Reply Memorandum, SGD, Evid. Obj.,, Ex. 1 Supp., Ex. 2 Supp., Ex. 20 under seal filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Reply Memorandum, # 3 Redacted Document SGD, # 4 Redacted Document Evidentiary Objections)(Cionca, Marin) (Entered: 05/23/2022) (0) |
| May 23, 2022 | 87 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply Memorandum, SGD, Evid. Obj.,, Ex. 1 Supp., Ex. 2 Supp., Ex. 20 under seal 86 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Unredacted Document Reply Memorandum, # 2 Unredacted Document SGD, # 3 Unredacted Document Evid. Objections, # 4 Unredacted Document Ex. 1 Suppl., # 5 Unredacted Document Ex. 2 Suppl., # 6 Unredacted Document Ex. 20)(Cionca, Marin) (Entered: 05/23/2022) (0) |
| May 18, 2022 | 84 | SEALED DECLARATION IN SUPPORT OF Corrected APPLICATION to file document Re Dkt. No. 79 Oppositio to Plaintiffs' Motion for Summary Judgment under seal 81 filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Attachments: # 1 Unredacted Document EXHIBIT 20)(Fowler, Mateo) (Entered: 05/18/2022) (0) |
| May 17, 2022 | 81 | Corrected APPLICATION to file document Re Dkt. No. 79 Oppositio to Plaintiffs' Motion for Summary Judgment under seal filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Attachments: # 1 Redacted Document, # 2 Redacted Document, # 3 Redacted Document, # 4 Redacted Document, # 5 Proposed Order)(Fowler, Mateo) (Entered: 05/17/2022) (0) |
| May 17, 2022 | 82 | SEALED DOCUMENT re Corrected APPLICATION to file document Re Dkt. No. 79 Oppositio to Plaintiffs' Motion for Summary Judgment under seal 81 , Protective Order 71 filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Attachments: # 1 Unredacted Document MEMO IN OPPOSITION TO SUMMARY JUDGMENT, # 2 Unredacted Document STATEMENT OF GENUINE DISPUTED FACTS, # 3 Unredacted Document EVIDENTIARY OBJECTIONS TO EVIDENCE IN SUPPORT OF SUMMARY JUDGMENT, # 4 Unredacted Document EXHIBIT 19, # 5 Unredacted Document EXHIBIT 20, # 6 Unredacted Document EXHIBIT 21, # 7 Unredacted Document EXHIBIT 23)(Fowler, Mateo) (Entered: 05/17/2022) (0) |
| May 17, 2022 | 83 | ORDER by Judge David O. Carter: Granting 80 APPLICATION to File Under Seal 80 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 05/17/2022) (2) |
| May 16, 2022 | 79 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Amended Complaint 74 , SEALED NOTICE OF MOTION AND MOTION For Summary Judgment re Order on Motion for Leave to File Document Under Seal 77 78 filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Attachments: # 1 Memorandum OF GENUINE DISPUTED STATEMENT OF FACTS, # 2 Declaration OF Mateo Z. Fowler, # 3 Memorandum OF EVIDENTIARY OBJECTIONS, # 4 Exhibit 19, # 5 Exhibit 20, # 6 Exhibit 21, # 7 Exhibit 22, # 8 Exhibit 23 (REDACTED), # 9 Exhibit 24, # 10 Exhibit 25)(Fowler, Mateo) (Entered: 05/16/2022) (0) |
| May 10, 2022 | 77 | ORDER by Judge David O. Carter: Granting 75 Plaintiff's APPLICATION For Leave to File Under Seal 75 . (twdb) (Entered: 05/10/2022) (2) |
| May 10, 2022 | 78 | SEALED NOTICE OF MOTION AND MOTION For Summary Judgment re Order on Motion for Leave to File Document Under Seal 77 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. Motion set for hearing on 6/6/2022 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Unredacted Document SUF, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 18)(Cionca, Marin) (Entered: 05/10/2022) (0) |
| May 9, 2022 | 74 | NOTICE OF MOTION AND MOTION for Summary Judgment as to Amended Complaint filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. Motion set for hearing on 6/6/2022 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Redacted Document SUF, # 2 Proposed Order Proposed Order, # 3 Declaration Cionca Declaration, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18) (Cionca, Marin) (Entered: 05/09/2022) (0) |
| May 9, 2022 | 75 | APPLICATION to file document MSJ, SUF, Ex. 1-6 and 18 under seal filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document MSJ, # 3 Redacted Document SUF)(Cionca, Marin) (Entered: 05/09/2022) (0) |
| May 9, 2022 | 76 | SEALED DECLARATION IN SUPPORT OF APPLICATION to file document MSJ, SUF, Ex. 1-6 and 18 under seal 75 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Unredacted Document Plaintiffs' MSJ, # 2 Unredacted Document SUF to MSJ, # 3 Unredacted Document Exhibit 1, # 4 Unredacted Document Exhibit 2, # 5 Unredacted Document Exhibit 3, # 6 Unredacted Document Exhibit 4, # 7 Unredacted Document Exhibit 5, # 8 Unredacted Document Exhibit 6, # 9 Unredacted Document Exhibit 18)(Cionca, Marin) (Entered: 05/09/2022) (0) |
| Apr 8, 2022 | 73 | MINUTES (IN CHAMBERS) by Judge David O. Carter: Granting 65 Counter-Defendant's MOTION to Dismiss. For the reasons set forth above, the Court GRANTS Defendants Motion to Dismiss and DISMISSES WITH PREJUDICE Defendants counterclaims against Robinson Pharma. Terminating Robinson Pharma, Inc. (a California corporation). (twdb) (Entered: 04/08/2022) (5) |
| Mar 31, 2022 | 72 | MEDIATION REPORT Filed by Mediator (ADR Panel) Brian Brookey: Mediation held on March 29, 2022. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: MediationParticipantSurvey(Brookey, Brian) (Entered: 03/31/2022) (1) |
| Mar 28, 2022 | 70 | REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss counter-defendant Robinson Pharma, Inc. 65 filed by Counter Defendant Robinson Pharma, Inc.. (Attachments: # 1 Declaration Cionca Decl, # 2 Exhibit Exhibit A of Cionca Decl, # 3 Exhibit Exhibit B of Cionca Decl)(Cionca, Marin) (Entered: 03/28/2022) (0) |
| Mar 28, 2022 | 71 | PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Protective Order 69 . (see document for details) (hr) (Entered: 03/28/2022) (22) |
| Mar 25, 2022 | 69 | Stipulated Protective Order filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc. (Cionca, Marin) (Entered: 03/25/2022) (22) |
| Mar 17, 2022 | 68 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss counter-defendant Robinson Pharma, Inc. 65 filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Attachments: # 1 Proposed Order)(Fowler, Mateo) (Entered: 03/17/2022) (0) |
| Mar 14, 2022 | 67 | MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER RE: PLAINTIFF'S APPLICATIONS FOR DEFAULT 62 , 64 . Robinson subsequently filed a Motion to Dismiss the amended counterclaim (Dkt. 65 ). Robinsons time to answer has not begun, since it has not been served with the amended counterclaim. Moreover, Robinson has now filed a motion and therefore has appeared to defend this case. Accordingly, entry of default would be improper. (twdb) (Entered: 03/15/2022) (1) |
| Mar 11, 2022 | 66 | NOTICE OF DEFICIENCY Re: Amended APPLICATION for Clerk to Enter Default against Counter-Defendant Robinson Pharma, Inc. 64 . The Clerk cannot enter the requested relief as: Answer and/or Motion for Summary Judgment and/or Motion to Dismiss on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (twdb) (Entered: 03/11/2022) (1) |
| Mar 10, 2022 | 63 | NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against Counter-Defendant Robinson Pharma, Inc. 62 . The Clerk cannot enter the requested relief as: There is no proof of service for the First Amended Counterclaim filed on 2/18/22. The clerk is unable to process the Application to enter Default against Counter-Defendant Robinson Pharma, Inc. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (twdb) (Entered: 03/10/2022) (2) |
| Mar 10, 2022 | 64 | Amended APPLICATION for Clerk to Enter Default against Counter-Defendant Robinson Pharma, Inc. filed by Defendant/Counterclaimant Smartervitamins LLC, Smartervitamins Corporation. (Attachments: # 1 Declaration of Mateo Z. Fowler) (Fowler, Mateo) (Entered: 03/10/2022) (0) |
| Mar 10, 2022 | 65 | NOTICE OF MOTION AND MOTION to Dismiss counter-defendant Robinson Pharma, Inc. filed by Counter-defendant Robinson Pharma, Inc.. Motion set for hearing on 4/11/2022 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Declaration of Elaine Phan, # 2 Exhibit A of Phan Declaration, # 3 Exhibit B of Phan Declaration, # 4 Exhibit C of Phan Declaration, # 5 Proposed Order) (Cionca, Marin) (Entered: 03/10/2022) (0) |
| Mar 7, 2022 | 62 | APPLICATION for Clerk to Enter Default against Counter-Defendant Robinson Pharma, Inc. filed by Defendant/Counterclaimant Smartervitamins Corporation. (Attachments: # 1 Declaration of Mateo Z. Fowler) (Fowler, Mateo) (Entered: 03/07/2022) (0) |
| Feb 28, 2022 | 61 | MINUTES OF TELEPHONIC INFORMAL DISCOVERY CONFERENCE held before Magistrate Judge Autumn D. Spaeth: Informal Discovery Conference held regarding Motion Re: Informal Discovery Dispute 60 . Conference held as reflected on the record. Court Recorder: CS 02/28/2022. (kh) (Entered: 02/28/2022) (1) |
| Feb 18, 2022 | 59 | First AMENDED COUNTERCLAIM against Counter-Defendant Robinson Pharma, Inc. amending Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 31 , Amended Complaint/Petition, 27 ; JURY DEMAND, filed by Defendant/Countercomplainant Smartervitamins LLC, Smartervitamins Corporation(Fowler, Mateo) (Entered: 02/18/2022) (30) |
| Feb 18, 2022 | 60 | Motion Re: Informal Discovery Dispute. This matter is set for a Telephonic Informal Discovery Conference on February 28, 2022 at 2:00 p.m. before Magistrate Judge Autumn D. Spaeth. Call in information will be provided by separate email. (kh) (Entered: 02/18/2022) (1) |
| Jan 18, 2022 | 58 | MINUTES (IN CHAMBERS) by Judge David O. Carter: Granting 51 Counter-Defendant's MOTION to Dismiss. If Defendant wishes to file an amended Countercomplaint, it may do so within thirty days of this order, no later than February 18, 2022. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 01/18/2022) (6) |
| Jan 14, 2022 | 57 | SCHEDULING NOTICE by Judge David O. Carter re: Counter-defendant's Robinson Pharma, Inc. Motion to Dismiss Case /Counterclaim 51 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearings set for 1/18/2022 is removed from the calendar and the motion is taken under submission.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 01/14/2022) (0) |
| Dec 17, 2021 | 56 | SCHEDULING NOTICE by Judge David O. Carter: On the Court's own motion, the hearing for Motion to Dismiss Case / Counterclaim set for 12/20/2021 is continued to 1/18/2022 at 08:30 AM before Judge David O. Carter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 12/17/2021) (0) |
| Dec 6, 2021 | 54 | REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Case /Counterclaim 51 filed by Counter Defendant Robinson Pharma, Inc.. (Attachments: # 1 Declaration Cionca Declaration, # 2 Exhibit Exhibit A to Cionca Declaration)(Cionca, Marin) (Entered: 12/06/2021) (0) |
| Dec 6, 2021 | 55 | RESPONSE filed by Counter Defendant Robinson Pharma, Inc.to Objection/Opposition (Motion related), 53 SMARTERVITAMINS OBJECTIONS TO EVIDENCE (Attachments: # 1 Proposed Order)(Cionca, Marin) (Entered: 12/06/2021) (0) |
| Nov 29, 2021 | 52 | MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case /Counterclaim 51 filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Attachments: # 1 Affidavit /Declaration of Mateo Z. Fowler, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order)(Fowler, Mateo) (Entered: 11/29/2021) (0) |
| Nov 29, 2021 | 53 | OBJECTION TO EVIDENCE re: NOTICE OF MOTION AND MOTION to Dismiss Case /Counterclaim 51 filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimant Smartervitamins LLC. (Attachments: # 1 Proposed Order)(Fowler, Mateo) (Entered: 11/29/2021) (0) |
| Nov 22, 2021 | 51 | NOTICE OF MOTION AND MOTION to Dismiss Case /Counterclaim filed by counter-defendant Robinson Pharma, Inc.. Motion set for hearing on 12/20/2021 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Declaration Elaine Phan Declaration, # 2 Exhibit Exhibit A to Phan Declaration, # 3 Exhibit Exhibit B to Phan Declaration, # 4 Exhibit Exhibit C to Phan Declaration) (Cionca, Marin) (Entered: 11/22/2021) (0) |
| Nov 15, 2021 | 50 | REPORT of RULE 26(f) Joint Report filed by Counter Defendants Tuong Nguyen, Smarter Nutrition Inc., Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Cionca, Marin) (Entered: 11/15/2021) (22) |
| Nov 9, 2021 | 49 | ORDER by Judge David O. Carter, re Stipulation 48 . DENIED BY ORDER OF THE COURT. A Scheduling Order is in place. See dkt. 23 . (twdb) (Entered: 11/10/2021) (2) |
| Nov 5, 2021 | 46 | NOTICE OF MEDIATION DATE filed. Mediation set for February 25, 2022.(Brookey, Brian) (Entered: 11/05/2021) (1) |
| Nov 5, 2021 | 47 | WAIVER OF SERVICE Returned Executed filed by Counterclaimant/Defendant Smartervitamins LLC, Smartervitamins Corporation. upon Robinson Pharma, Inc. waiver sent by Plaintiff on 11/1/2021, answer due 1/1/2022. Waiver of Service signed by Marin Cionca, Counsel for Robinson Pharma, Inc.. (Fowler, Mateo) (Entered: 11/05/2021) (1) |
| Nov 5, 2021 | 48 | Joint STIPULATION to Continue Scheduling Conference from 11/29/2021 to 12/06/2021 Re: Initial Order Setting R26 Scheduling Conference - form only 28 filed by Defendant/Counterclaimant Smartervitamins Corporation, Smartervitamins LLC. (Attachments: # 1 Proposed Order)(Fowler, Mateo) (Entered: 11/05/2021) (0) |
| Oct 28, 2021 | 42 | SCHEDULING NOTICE by Judge David O. Carter re: MOTION to Dismiss Case /Amended Complaint 30 Motion set for hearing on 11/1/2021 is continued to 3:30 PM before Judge David O. Carter. **TIME CHANGE ONLY**THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 10/28/2021) (0) |
| Oct 28, 2021 | 43 | NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 40 . 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. 1. Summons request does not indicate counterclaim or the first amended complaint. 2. The page attached to the summons request is the first amended complaint. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (twdb) (Entered: 10/28/2021) (2) |
| Oct 28, 2021 | 44 | MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER DENYING MOTION TO DISMISS AND MOTION TO STRIKE AMENDED COMPLAINT 30 . Accordingly, the motion hearing set for November 1, 2021 is VACATED. (twdb) (Entered: 10/28/2021) (8) |
| Oct 28, 2021 | 45 | 21 DAY Summons Issued re Counterclaim, 31 as to Defendant Robinson Pharma, Inc. (twdb) (Entered: 10/28/2021) (4) |
| Oct 27, 2021 | 38 | NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 37 . 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 defendant on the Amended Complaint does not match the name of the defendant on the summons request. The document attached to the summons request should be the First Amended Complaint and not the Answer to the amended complaint. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (twdb) (Entered: 10/27/2021) (2) |
| Oct 27, 2021 | 39 | Plaintiffs' ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 31 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc..(Cionca, Marin) (Entered: 10/27/2021) (24) |
| Oct 27, 2021 | 40 | Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 31 filed by Counter-Claimant Smartervitamins LLC. (Fowler, Mateo) (Entered: 10/27/2021) (3) |
| Oct 27, 2021 | 41 | REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case /Amended Complaint NOTICE OF MOTION AND MOTION to Strike Amended Complaint/Petition, 27 30 filed by Defendants Smartervitamins Corporation, Smartervitamins LLC, Counter Claimants Smartervitamins Corporation, Smartervitamins LLC. (Fowler, Mateo) (Entered: 10/27/2021) (15) |
| Oct 26, 2021 | 37 | Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 31 filed by Counterclaimant Smartervitamins Corporation, Smartervitamins LLC. (Fowler, Mateo) (Entered: 10/26/2021) (4) |
| Oct 20, 2021 | 36 | OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case /Amended Complaint NOTICE OF MOTION AND MOTION to Strike Amended Complaint/Petition, 27 30 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Declaration Nguyen Declaration, # 2 Exhibit Exhibit A to Nguyen Declaration, # 3 Exhibit Exhibit B to Nguyen Declaration, # 4 Exhibit Exhibit C to Nguyen Declaration, # 5 Exhibit Exhibit D to Nguyen Declaration, # 6 Exhibit Exhibit E to Nguyen Declaration, # 7 Exhibit Exhibit F to Nguyen Declaration, # 8 Proposed Order Proposed Order Plaintiffs)(Cionca, Marin) (Entered: 10/20/2021) (0) |
| Oct 15, 2021 | 35 | NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Brian Brookey has been assigned to serve as Panel Mediator. (lst) (Entered: 10/15/2021) (1) |
| Oct 14, 2021 | 34 | NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 33 . 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 summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) (Entered: 10/14/2021) (2) |
| Oct 13, 2021 | 33 | Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, 31 filed by Counterclaimant Smartervitamins Corporation, Smartervitamins LLC. (Fowler, Mateo) (Entered: 10/13/2021) (1) |
| Oct 7, 2021 | 32 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case /Amended Complaint 30 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 10/07/2021) (1) |
| Oct 6, 2021 | 30 | NOTICE OF MOTION AND MOTION to Dismiss Case /Amended Complaint, NOTICE OF MOTION AND MOTION to Strike Amended Complaint/Petition, 27 filed by Defendant/Counterclaimant Smartervitamins Corporation, Smartervitamins LLC. Motion set for hearing on 11/1/2021 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Affidavit /Declaration of Mateo Z. Fowler, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order) (Attorney Mateo Z Fowler added to party Smartervitamins LLC(pty:dft)) (Fowler, Mateo) (Entered: 10/06/2021) (0) |
| Oct 6, 2021 | 31 | ANSWER to Amended Complaint/Petition, 27 , Complaint (Attorney Civil Case Opening),, 1 with JURY DEMAND , COUNTERCLAIM against Tuong Nguyen, Smarter Nutrition Inc., Robinson Pharma, Inc. filed by Defendant/Counterclaimant Smartervitamins LLC, Smartervitamins Corporation.(Fowler, Mateo) (Entered: 10/06/2021) (30) |
| Oct 5, 2021 | 29 | STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties request that the ADR Program assign a Panel Mediator from the following area of law: Trademark Law. Filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.(Cionca, Marin) (Entered: 10/05/2021) (1) |
| Sep 27, 2021 | 28 | SCHEDULING ORDER by Judge David O. Carter. Scheduling Conference set for 11/29/2021 at 08:30 AM before Judge David O. Carter. (kdu) (Entered: 09/27/2021) (5) |
| Sep 22, 2021 | 26 | ORDER by Judge David O. Carter, Approving Stipulation for Filing Amended Complaint and Responsive Pleading 25 . (twdb) (Entered: 09/22/2021) (1) |
| Sep 22, 2021 | 27 | FIRST AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening),, 1 , filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Cionca, Marin) (Entered: 09/22/2021) (0) |
| Sep 17, 2021 | 25 | Joint STIPULATION to Amend Complaint (Attorney Civil Case Opening),, 1 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Proposed Order)(Cionca, Marin) (Entered: 09/17/2021) (0) |
| Sep 14, 2021 | 23 | SCHEDULING ORDER AND ORDER RE: PRETRIAL AND TRIAL PROCEDURES by Judge David O. Carter. ( Fact Discovery cut-off 4/25/2022., Motions due by 6/6/2022, at 8:30 a.m., Final Pretrial Conference set for 7/11/2022 at 08:30 AM before Judge David O. Carter., Jury Trial set for 8/9/2022 at 08:30 PM before Judge David O. Carter.) SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 09/14/2021) (11) |
| Sep 14, 2021 | 24 | ORDER/REFERRAL to ADR Procedure No 2 by Judge David O. Carter. Case ordered to Court Mediation Panel for mediation. (twdb) (Entered: 09/14/2021) (1) |
| Sep 7, 2021 | 22 | MINUTES OF Scheduling Conference (Held and completed) before Judge David O. Carter. Outside the presence of the court report, the Court and counsel confer. The Courts Scheduling Order to be issued. Court Reporter: Not Reported. (twdb) (Entered: 09/09/2021) (1) |
| Sep 2, 2021 | 21 | MINUTES OF Settlement Conference held before Magistrate Judge Autumn D. Spaeth: Case is called for a settlement conference. Appearances entered on the record. Settlement discussions are held off the record. No Settlement is reached. Court Recorder: Zoom. (kh) (Entered: 09/02/2021) (1) |
| Aug 30, 2021 | 18 | SCHEDULING NOTICE by Judge David O. Carter: The Court finds the Motion to Dismiss (Dkt. 12 ) appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the motion hearing set for August 30, 2021, is removed from the calendar and the motion is taken under submission. The Scheduling Conference also set for August 30 remains on the calendar.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 08/30/2021) (0) |
| Aug 30, 2021 | 19 | TEXT ONLY ENTRY SCHEDULING NOTICE. ORDER SETTING SETTLEMENT CONFERENCE by Magistrate Judge Autumn D. Spaeth: This matter is placed on calendar for a Settlement Conference on September 2, 2021 at 10:00 a.m., via Zoom before Judge Spaeth. Zoom connection information shall be sent by separate email. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kh) TEXT ONLY ENTRY (Entered: 08/30/2021) (0) |
| Aug 30, 2021 | 20 | MINUTES OF Scheduling Conference (Held and Continued) before Judge David O. Carter. Defendant's Motion to Dismiss Case 12 . Scheduling Conference continued to 9/7/2021 at 04:30 PM before Judge David O. Carter. Court Reporter: Court Smart. (twdb) (Entered: 08/31/2021) (1) |
| Aug 27, 2021 | 17 | SCHEDULING NOTICE by Judge David O. Carter. The Court ADVANCES the in-person Scheduling Conference to 8:00 AM on August 30, 2021 before Judge David O. Carter. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kdu) TEXT ONLY ENTRY (Entered: 08/27/2021) (0) |
| Aug 16, 2021 | 15 | REPLY In Suport Of NOTICE OF MOTION AND MOTION to Dismiss Case 12 filed by Defendant Smartervitamins Corporation. (Attachments: # 1 Affidavit /Declaration of Randy Jabero)(Fowler, Mateo) (Entered: 08/16/2021) (0) |
| Aug 16, 2021 | 16 | RULE 26(f) JOINT REPORT REPORT of Rule 26f filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Cionca, Marin) (Entered: 08/16/2021) (15) |
| Aug 9, 2021 | 14 | OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 12 filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Declaration Nguyen Declaration, # 2 Exhibit Exhibits of Nguyen Declaration, # 3 Proposed Order Proposed Order Plaintiffs)(Cionca, Marin) (Entered: 08/09/2021) (0) |
| Aug 2, 2021 | 11 | CERTIFICATE of Interested Parties filed by Defendant Smartervitamins Corporation, identifying SmarterVitamins LLC. (Attorney Mateo Z Fowler added to party Smartervitamins Corporation(pty:dft))(Fowler, Mateo) Modified on 10/7/2021 (twdb). (Entered: 08/02/2021) (1) |
| Aug 2, 2021 | 12 | NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Smartervitamins Corporation. Motion set for hearing on 8/30/2021 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Affidavit /Declaration of Randy Jabero, # 2 Exhibit A, # 3 Proposed Order) (Fowler, Mateo) (Entered: 08/02/2021) (0) |
| Aug 2, 2021 | 13 | ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 8/30/2021 at 08:30 AM before Judge David O. Carter. (kd) (Entered: 08/02/2021) (5) |
| Jul 15, 2021 | 9 | NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen E. Scott to Judge David O. Carter for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Autumn D. Spaeth. The case number will now reflect the initials of the transferee Judges 8:21-cv-00832 DOC(ADSx). (rn) (Entered: 07/15/2021) (1) |
| Jul 15, 2021 | 10 | INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd) (Entered: 07/15/2021) (6) |
| Jun 7, 2021 | 8 | WAIVER OF SERVICE Returned Executed filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. upon Smartervitamins Corporation waiver on 6/2/2021, answer due 8/2/2021. Waiver of Service signed by Mark C. Johnson. (Cionca, Marin) WAIVER OF SERVICE Returned Executed filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. upon Smartervitamins Corporation waiver sent by Plaintiff on 6/2/2021, answer due 8/2/2021. Waiver of Service signed by Mark C. Johnson. (Cionca, Marin) (Entered: 06/07/2021) (1) |
| May 11, 2021 | 6 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Tuong Nguyen, Smarter Nutrition Inc.. (Cionca, Marin) (Entered: 05/11/2021) (1) |
| May 11, 2021 | 7 | Notice and CERTIFICATE of Interested Parties filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc., (Cionca, Marin) (Entered: 05/11/2021) (1) |
| May 6, 2021 | 3 | NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen E. Scott. (mrgo) (Entered: 05/06/2021) (2) |
| May 6, 2021 | 4 | NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening),, 1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (mrgo) (Entered: 05/06/2021) (1) |
| May 6, 2021 | 5 | 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. (mrgo) (Entered: 05/06/2021) (1) |
| May 5, 2021 | 1 | COMPLAINT Receipt No: ACACDC-31238156 - Fee: $402, filed by plaintiff Tuong Nguyen, Smarter Nutrition Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q) (Attorney Marin Cionca added to party Tuong Nguyen(pty:pla), Attorney Marin Cionca added to party Smarter Nutrition Inc.(pty:pla))(Cionca, Marin) (Entered: 05/05/2021) (0) |
| May 5, 2021 | 2 | CIVIL COVER SHEET filed by Plaintiffs Tuong Nguyen, Smarter Nutrition Inc.. (Cionca, Marin) (Entered: 05/05/2021) (3) |
