Beachbody, LLC v. Jadee Investments Corporation et al
| California Central District Court | |
| Judge: | Fernando M Olguin |
| Referred: | Alexander F Mackinnon |
| Case #: | 2:17-cv-02067 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:501 Copyright Infringement |
| Case Filed: | Mar 15, 2017 |
| Terminated: | Oct 18, 2017 |
| Last checked: Monday Sep 11, 2017 1:24 AM PDT |
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Defendant
Kayo Cleveland
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Defendant
Does
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Defendant
Jadee Investments Corporation
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Defendant
William Lee
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Plaintiff
Beachbody, LLC
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Represented By
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| Docket last updated: 04/24/2024 11:59 PM PDT |
| Wednesday, March 07, 2018 | ||
| 44 | 44
service
USM-285 Service of non-complaint documents - Executed
Wed 03/07 10:18 AM
PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Wells Fargo, NA Corporation Service Company on 2/1/2018. Remarks: Served the judgment debtor with the Writ of Execution, Notice of Levy with the infor for judgment debtor, and a list of exemptions for the enforcement of judgment via first class mail. (iv) |
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| Thursday, November 30, 2017 | ||
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order
For Order
Thu 11/30 3:57 PM
ORDER GRANTING REQUEST40 AUTHORIZING SERVICE OF WRIT OF EXECUTION AND AND POST-JUDGMENT DOCUMENTS BY REGISTERED PROCESS SERVER40 by Judge Fernando M. Olguin. (lom) |
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| 41 | 41
misc
Writ of Execution - Issued
Thu 11/30 3:45 PM
Writ of Execution issued against Kayo Cleveland, Jadee Investments Corporation, William Lee re: Judgment36 . (jp) |
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| Wednesday, November 29, 2017 | ||
| 43 | 43
misc
Abstract of Judgment issued
Fri 12/01 3:22 PM
ABSTRACT of Judgment issued in favor of plaintiff Beachbody, LLC and against Jadee Investments Corporation in the principal amount of $ 88,060.59, interest in the amount of $.00, attorneys fees of $ 5,122.42, costs of $.00. RE: Judgment36 (lc) |
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| Tuesday, November 28, 2017 | ||
| 40 | 40
3
pgs
motion
Order
Tue 11/28 10:10 AM
REQUEST for Order for Authorizing Service of Writ of Execution and Post-Judgment Documents by Registered Process Server filed by Plaintiff Beachbody, LLC. (Attorney Hung Q Pham added to party Beachbody, LLC(pty:pla)) (Pham, Hung) |
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Att: 1
Proposed Order
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| 39 | 39
misc
Affidavit and Request for Issuance of Writ of Execution
Tue 11/28 10:05 AM
Affidavit and Request for Issuance of Writ of Execution filed by Plaintiff Beachbody, LLC.(Pham, Hung) |
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Att: 1
Proposed Writ of Execution
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| Wednesday, October 18, 2017 | ||
| 38 | 38
misc
Report of Determination of Patent/Trademark Action (CLOSE) (AO 120)
Wed 10/18 8:42 AM
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing). (jp) |
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Att: 1
Judgment
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| 37 | 37
misc
Report of Determination of Copyright Action (CLOSE) (AO 121)
Wed 10/18 8:41 AM
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing). (jp) |
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Att: 1
Judgment
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| 36 | 36
judgmentCV
Judgment
Wed 10/18 8:36 AM
JUDGMENT by Judge Fernando M. Olguin. IT IS ADJUDGED that: (1) Judgment is hereby entered in favor of plaintiff Beachbody, LLC and againstdefendants Jadee Investments Corporation, William Lee and Kay Cleveland on plaintiffs claims for copyright and trademark infringement. (2) Plaintiff shall recover against defendants Jadee Investments Corporation, William Lee and Kayo Cleveland, jointly and severally, in the amount of $93,183.01 consisting of $30,000 in statutory copyright damages, $58,060.59 in trebled trademark damages, and $5,122.42 in attorney's fees.(3) Plaintiffs remaining claims are dismissed without prejudice.(4) Defendants Jadee Investments Corporation, William Lee and Kayo Cleveland, and their owners, officers, directors, employees, agents, and representatives, are enjoined and restrained. Within thirty (30) days of receipt of this Judgment, defendants shall turn over and deposit with the plaintiff's counsel all existing products in their possession, custody, or control that bears plaintiffs registered marks. Any products turned over to plaintiff's counsel by defendants may be destroyed and/or disposed of in such a manner as plaintiff deems appropriate. (MD JS-6, Case Terminated). (jp) |
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| 35 | 35
order
Default Judgment
Wed 10/18 8:31 AM
MINUTES (In Chambers) Order Re: Default Judgment by Judge Fernando M. Olguin: IT IS ORDERED THAT: (1) Plaintiff's Motion for Default Judgment (Document No.31 ) is granted in part and denied in part. Judgment shall be entered in favor of plaintiff and against defendants Jadee Investments Corporation, William Lee and Kayo Cleveland, jointly and severally, in the amount of $93,183.01 consisting of $30,000 in statutory copyright damages, $58,060.59 in trebled trademark damages, and $5,122.42 in attorney's fees. Plaintiff's remaining claims are dismissed without prejudice. (2) Defendants Jadee Investments Corporation, William Lee and Kayo Cleveland, and their owners, officers, directors, employees, agents, and representatives, are enjoined and restrained. (SEE ATTACHMENT FOR FURTHER DETAILS). (jp) |
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| Thursday, September 21, 2017 | ||
| 34 | 34
minutes
Motion Hearing Default Judgment
Thu 09/21 2:27 PM
MINUTES OF Renewed Motion for Default Judgment against Defendant Jadee Investments Corporation, William Lee and Kayo Cleveland31 before Judge Fernando M. Olguin: Plaintiff's Renewed Motion for Default Judgment (Dkt. No. 31) is taken under submission. An order with the courts ruling and judgment will issue. Court Reporter: Lisa Gonzalez. (jp) |
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| Friday, September 08, 2017 | ||
| 33 | 33
service
Proof of Service (subsequent documents)
Fri 09/08 5:19 PM
PROOF OF SERVICE filed by Plaintiff Beachbody, LLC, re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Motion Hearing and R&R Deadlines,,32 by mail and e-mail served on September 8, 2017.(Chaney, Marcus) |
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Att: 1
Supplement Attachment
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| 32 | 32
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Motion Hearing and R&R Deadlines
Fri 09/08 4:54 PM
MINUTE (In Chambers) Order Re: Hearing for Motion for Default Judgment by Judge Fernando M. Olguin: On the court's own motion, IT IS ORDERED THAT: (1) The hearing on the Motion for Default Judgment Against Defendants (Document No.31 ), which was set for 9/7/2017, is continued to 9/21/2017 at 10:00 AM. (2) Plaintiff's counsel shall forthwith provide notice of the new hearing date and time to defendants and file proof of service no later than two court days following the filing date of this Order. (jp) |
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| Thursday, August 03, 2017 | ||
| 31 | 31
motion
Default Judgment
Thu 08/03 10:47 AM
Renewed NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Jadee Investments Corporation, William Lee and Kayo Cleveland filed by Plaintiff Beachbody, LLC. Motion set for hearing on 9/7/2017 at 10:00 AM before Judge Fernando M. Olguin. (Chaney, Marcus) |
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Att: 1
Memorandum of Points and Authorities,
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Att: 2
Declaration of Marcus F. Chaney with Exhibits 1 - 19,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2,
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Att: 5
Exhibit 3,
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Att: 6
Exhibit 4,
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Att: 7
Exhibit 5,
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Att: 8
Exhibit 6,
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Att: 9
Exhibit 7,
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Att: 10
Exhibit 8,
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Att: 11
Exhibit 9,
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Att: 12
Exhibit 10,
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Att: 13
Exhibit 11,
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Att: 14
Exhibit 12,
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Att: 15
Exhibit 13,
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Att: 16
Exhibit 14,
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Att: 17
Exhibit 15,
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Att: 18
Exhibit 16,
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Att: 19
Exhibit 17,
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Att: 20
Exhibit 18,
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Att: 21
Exhibit 19,
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Att: 22
Proposed Order
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| Thursday, July 20, 2017 | ||
| 30 | 30
order
Default Judgment
Thu 07/20 1:53 PM
MINUTES (IN CHAMBERS) ORDER RE: MOTION FOR DEFAULT JUDGMENT by Judge Fernando M. Olguin. Plaintiffs Motion for Default Judgment by Court29 is denied withoutprejudice. Should plaintiff file a renewed motion for default judgment, that motion shall be filed no later than 8/3/2017. (vdr) |
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| Thursday, June 15, 2017 | ||
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motion
Default Judgment
Thu 06/15 11:27 AM
NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Jadee Investments Corporation, William Lee and Kayo Cleveland filed by Plaintiff Beachbody, LLC. Motion set for hearing on 7/27/2017 at 10:00 AM before Judge Fernando M. Olguin. (Chaney, Marcus) |
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Att: 1
Memorandum of Points and Authorities,
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Att: 2
Declaration of Marcus F. Chaney with Exhibits 1 - 17,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2,
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Att: 5
Exhibit 3,
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Att: 6
Exhibit 4,
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Att: 7
Exhibit 5,
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Att: 8
Exhibit 6,
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Att: 9
Exhibit 7,
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Att: 10
Exhibit 8,
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Att: 11
Exhibit 9,
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Att: 12
Exhibit 10,
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Att: 13
Exhibit 11,
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Att: 14
Exhibit 12,
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Att: 15
Exhibit 13,
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Att: 16
Exhibit 14,
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Att: 17
Exhibit 15,
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Att: 18
Exhibit 16,
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Att: 19
Exhibit 17,
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Att: 20
Proposed Order
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| Wednesday, May 17, 2017 | ||
| 28 | 28
order
Extension of Time to File
Wed 05/17 3:34 PM
ORDER GRANTING Plaintiff Beachbody, LLC's Request in Response to (In Chambers0 Order Re: Further Proceedings26 by Judge Fernando M. Olguin that Plaintiff shall file and serve a Motion for Default Judgment no later than 6/16/2017, and notice it for hearing. Plaintiff is advised that failure to file its motion for default judgment by the deadline set forth above shall result in the action being dismissed without prejudice for failure to prosecute and/or failure to comply with a court order. (jp) |
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| 27 | 27
textonly
Generic Text Only Entry
Wed 05/17 2:49 PM
Effective May 24, 2017, Judge MacKinnon will be located at the Edward R. Roybal Federal Building, COURTROOM 840 on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 840 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) |
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| Tuesday, May 16, 2017 | ||
| 26 | 26
motion
Extension of Time to File Document
Tue 05/16 11:14 AM
REQUEST for Extension of Time to File Motion for Default Judgment filed by Plaintiff Beachbody, LLC. (Chaney, Marcus) |
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Att: 1
Declaration,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Proposed Order
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| Friday, May 05, 2017 | ||
| 25 | 25
order
For Order re Discovery Matter
Fri 05/05 12:58 PM
ORDER by Magistrate Judge Alexander F. MacKinnon granting24 Plaintiff's Request for Order re Discovery. (Note: Changes have been made to the proposed document. See page 3, lines 9-10). (See document for details). (ib) |
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| Wednesday, May 03, 2017 | ||
| 24 | 24
motion
Order re Discovery Matter
Wed 05/03 10:02 AM
REQUEST for Order for permission to seek discovery under Rule 26(d)(1) of the Federal Rules of Civil Procedure from eBay, Inc. and PayPal, Inc. to support a damages calculation in a Motion for Default Judgment to be filed against Defendants filed by Plaintiff Beachbody, LLC.(Chaney, Marcus) |
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Att: 1
Declaration,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6,
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Att: 8
Proposed Order
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| Tuesday, May 02, 2017 | ||
| 23 | 23
order
Minutes of In Chambers Order/Directive - form only -no proceeding held
Tue 05/02 10:46 AM
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. Plaintiff shall file and serve a motion for default judgment no later than 5/17/2017, and notice it for hearing pursuant to the Local Rules. (vdr) |
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| Friday, April 28, 2017 | ||
| 22 | 22
order
Clerks Entry of Default (CV-37) - optional html form
Fri 04/28 4:47 PM
DEFAULT BY CLERK F.R.Civ.P.55(a) as to William Lee. (jp) |
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order
Clerks Entry of Default (CV-37) - optional html form
Fri 04/28 4:43 PM
DEFAULT BY CLERK F.R.Civ.P.55(a) as to Kayo Cleveland. (jp) |
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order
Clerks Entry of Default (CV-37) - optional html form
Fri 04/28 4:41 PM
DEFAULT BY CLERK F.R.Civ.P.55(a) as to Jadee Investments Corporation, a Hawaii corporation. (jp) |
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| 19 | 19
motion
Clerk to Enter Default
Fri 04/28 10:38 AM
REQUEST for Clerk to Enter Default against Defendant William Lee filed by Plaintiff Beachbody, LLC. (Chaney, Marcus) |
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Att: 1
Declaration
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| 18 | 18
motion
Clerk to Enter Default
Fri 04/28 10:37 AM
REQUEST for Clerk to Enter Default against Defendant Kayo Cleveland filed by Plaintiff Beachbody, LLC. (Chaney, Marcus) |
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Att: 1
Declaration
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| 17 | 17
motion
Clerk to Enter Default
Fri 04/28 10:35 AM
REQUEST for Clerk to Enter Default against Defendant Jadee Investments Corporation filed by Plaintiff Beachbody, LLC. (Chaney, Marcus) |
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Att: 1
Declaration
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| Tuesday, April 11, 2017 | ||
| 16 | 16
misc
Response
Tue 04/11 10:43 AM
RESPONSE filed by Plaintiff Beachbody, LLCto Order to Show Cause14 Re: Personal Jurisdiction and Venue(Chaney, Marcus) |
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Att: 1
Declaration of Marcus F. Chaney with Exhibit A - G,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G
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| Thursday, April 06, 2017 | ||
| 15 | 15
service
Service of Summons and Complaint Returned Executed (21 days)
Thu 04/06 10:31 AM
PROOF OF SERVICE Executed by Plaintiff Beachbody, LLC, upon Defendant William Lee served on 4/6/2017, answer due 4/27/2017. Service of the Summons and Complaint were executed upon Defendant William Lee in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned.(Chaney, Marcus) |
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Att: 1
Declaration of Reasonable Diligence,
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Att: 2
Declaration of Mailing
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| Tuesday, April 04, 2017 | ||
| 14 | 14
order
Order to Show Cause
Tue 04/04 11:05 AM
(IN CHAMBERS) ORDER TO SHOW CAUSE RE: PERSONAL JURISDICTION AND VENUE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 4/11/2017. (vdr) |
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| Monday, April 03, 2017 | ||
| 13 | 13
service
Service of Summons and Complaint Returned Executed (21 days)
Mon 04/03 11:08 AM
PROOF OF SERVICE Executed by Plaintiff Beachbody, LLC, upon Defendant Kayo Cleveland served on 3/27/2017, answer due 4/17/2017. Service of the Summons and Complaint were executed upon Kayo Cleveland in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Chaney, Marcus) |
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| 12 | 12
service
Service of Summons and Complaint Returned Executed (21 days)
Mon 04/03 11:05 AM
PROOF OF SERVICE Executed by Plaintiff Beachbody, LLC, upon Defendant Jadee Investments Corporation served on 3/29/2017, answer due 4/19/2017. Service of the Summons and Complaint were executed upon Carolyn Mori (Operations Manager) in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Chaney, Marcus) |
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| Thursday, March 30, 2017 | ||
| 11 | 11
testxtonly
Text Only Scheduling Notice
Thu 03/30 2:32 PM
TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. All pleadings filed in this matter should contain the case number and the assigned judges' initials to ensure proper routing of documents. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) |
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| Thursday, March 16, 2017 | ||
| 10 | 10
service
Summons Issued (Attorney Civil Case Opening)
Thu 03/16 12:56 PM
21 DAY Summons issued re Complaint1 as to defendants Kayo Cleveland, Jadee Investments Corporation, William Lee. (esa) |
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| 9 | 9
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Thu 03/16 12:26 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
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| 8 | 8
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Thu 03/16 12:26 PM
NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Alexander F. MacKinnon. (esa) |
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| Wednesday, March 15, 2017 | ||
| 7 | 7
misc
Report on Filing of Patent/Trademark Action (Initial Notification) (AO 120)
Wed 03/15 3:15 PM
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Beachbody, LLC.(Chaney, Marcus) |
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Att: 1
Supplement
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| 6 | 6
misc
Report on Filing of Copyright Action (Initial Notification) (AO-121)
Wed 03/15 3:14 PM
REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Beachbody, LLC.(Chaney, Marcus) |
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Att: 1
Supplement
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| 5 | 5
misc
Corporate Disclosure Statement
Wed 03/15 3:12 PM
CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Beachbody, LLC (Chaney, Marcus) |
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| 4 | 4
notice
Certificate/Notice of Interested Parties
Wed 03/15 3:11 PM
NOTICE of Interested Parties filed by Plaintiff Beachbody, LLC, (Chaney, Marcus) |
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| 3 | 3
notice
Summons Request
Wed 03/15 3:10 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Beachbody, LLC. (Chaney, Marcus) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Wed 03/15 3:09 PM
CIVIL COVER SHEET filed by Plaintiff Beachbody, LLC. (Chaney, Marcus) |
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| 1 | 1
cmp
Complaint (Attorney Civil Case Opening)
Wed 03/15 3:07 PM
COMPLAINT Receipt No: 0973-19521131 - Fee: $400, filed by Plaintiff Beachbody, LLC. (Attorney Marcus F Chaney added to party Beachbody, LLC(pty:pla))(Chaney, Marcus) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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