Eveden Inc. v. Color Image Apparel, Inc.,
| California Central District Court | |
| Judge: | Michael W Fitzgerald |
| Referred: | Jacqueline Chooljian |
| Case #: | 2:17-cv-02121 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1125 Trademark Infringement (Lanham Act) |
| Case Filed: | Mar 17, 2017 |
| Terminated: | Mar 23, 2018 |
| Last checked: Wednesday Sep 13, 2017 2:43 AM PDT |
|
Defendant
Color Image Apparel, Inc.
|
Represented By
|
|
Defendant
DOES
|
|
|
Mediator (ADR Panel)
Adrian M Pruetz
|
|
|
Plaintiff
Eveden Inc.
|
Represented By
|
| Docket last updated: 10 hours ago |
| Friday, March 23, 2018 | ||
| 36 | 36
1
pgs
misc
Report of Determination of Patent/Trademark Action (CLOSE) (AO 120)
Fri 03/23 2:34 PM
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (iv) |
|
|
Att: 1
Order
|
||
| 35 | 35
order
Dismissing Case
Fri 03/23 2:32 PM
ORDER OF DISMISSAL WITH PREJUDICE34 by Judge Michael W. Fitzgerald. IT IS SO ORDERED that the above-captioned action is hereby dismissed with prejudice. Each party shall bear its own attorneys' fees and costs. Case Terminated. Made JS-6. (iv) |
|
| Thursday, March 22, 2018 | ||
| 34 | 34
2
pgs
stip
Dismiss Case
Thu 03/22 11:00 AM
STIPULATION to Dismiss Case pursuant to Settlement filed by plaintiff Eveden Inc..(Seiter, William) |
|
|
Att: 1
Proposed Order Proposed Order of Dismissal With Prejudice
|
||
| Wednesday, March 21, 2018 | ||
| 33 | 33
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Hearings ~Util - Terminate Deadlines and Hearings
Wed 03/21 2:55 PM
MINUTES (IN CHAMBERS) COURT ORDER by Judge Michael W. Fitzgerald. In light of the notice of settlement indicated in the Mediation Report32 filed on March 16, 2018, the Court sets a hearing on Order To Show Cause Re Dismissal for April 30, 2018 at 11:30 a.m. If a stipulated dismissal is filed prior to this date, the matter will be taken off calendar and no appearance is needed. All other dates are hereby vacated. (iv) |
|
| Friday, March 16, 2018 | ||
| 32 | 32
1
pgs
adr
Mediation Report (ADR-3) Completely Settled
Fri 03/16 10:23 AM
MEDIATION REPORT Filed by Mediator (ADR Panel) Adrian M Pruetz: Mediation held on March 15, 2018 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judge's deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. 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:[LINK:MediationParticipantSurvey] (Pruetz, Adrian) |
|
| Monday, March 05, 2018 | ||
| 31 | 31
adr
Notice of Mediation Date (ADR-13)
Mon 03/05 10:53 AM
NOTICE OF MEDIATION DATE filed. Mediation set for March 15, 2018 at 8:00 am.(Pruetz, Adrian) |
|
| Friday, February 23, 2018 | ||
| 30 | 30
2
pgs
order
Order ~Util - Set/Reset Deadlines/Hearings
Fri 02/23 2:52 PM
ORDER GRANTING JOINT STIPULATION TO MODIFY SCHEDULING ORDER TO EXTEND THE NON-EXPERT DISCOVERY CUTOFF TO THE CURRENT EXPERT DISCOVERY CUTOFF29 by Judge Michael W. Fitzgerald. The Scheduling Order (Dkt. 24) is modified such that the current non-expert discovery cutoff (March 1, 2018) is reset to coincide with the current expert discovery cutoff (April 2, 2018); all remaining dates remain as set forth in the Scheduling Order (Dkt. 24). (iv) |
|
| Thursday, February 22, 2018 | ||
| 29 | 29
stip
Extend Discovery Cut-Off Date
Thu 02/22 4:26 PM
Joint STIPULATION to Extend Discovery Cut-Off Date to April 2, 2018 filed by plaintiff Color Image Apparel, Inc..(Adams, Michael) |
|
|
Att: 1
Proposed Order Granting Joint Stipulation to Modify Scheduling Order to Extend the Non-Expert Discovery Cutoff to the Current Expert Discovery Cutoff
|
||
| Tuesday, November 07, 2017 | ||
| 28 | 28
order
Protective Order
Tue 11/07 4:19 PM
STIPULATED PROTECTIVE ORDER [CHANGES MADE BY COURT TO PARAGRAPHS 5, 12, 15, 24, 26] by Magistrate Judge Jacqueline Chooljian. See order for details. (hr) |
|
| Monday, October 30, 2017 | ||
| 27 | 27
order
Minutes of In Chambers Order/Directive - no proceeding held
Tue 10/31 9:20 AM
MINUTE ORDER (IN CHAMBERS) RE (PROPOSED) STIPULATED PROTECTIVE ORDER (DOCKET NO.26 ) by Magistrate Judge Jacqueline Chooljian: Pending before this Court is the parties' (Proposed) Stipulated Protective Order which has been referred to the Magistrate Judge. The parties are advised that the Court is tentatively inclined to approve a modified version of the (Proposed) Stipulated Protective Order in the form attached hereto which modifies paragraphs 5, 12, 15, 24 and 26 for reasons explained below. 1. Paragraph 5 - The Court is inclined to modify this paragraph as reflected in the attached to make clear that court hearings, as well as the trial, are excepted from the provisions thereof and that the handling of Confidential Information during court hearings and trial shall be governed by the orders of the presiding judicial officer. See order for further details. (hr) |
|
|
Att: 1
Revised Protective Order
|
||
| Thursday, October 26, 2017 | ||
| 26 | 26
motion
Protective Order
Thu 10/26 1:21 PM
REQUEST for Protective Order for Discovery filed by plaintiff Eveden Inc.. (Seiter, William) |
|
| Thursday, August 17, 2017 | ||
| 25 | 25
adr
Notice of Assignment of Panel Mediator (ADR-11)
Thu 08/17 4:43 PM
NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Adrian M Pruetz has been assigned to serve as Panel Mediator. (mb) |
|
| Tuesday, June 20, 2017 | ||
| 22 | 22
minutes
Scheduling Conference
Tue 06/20 4:17 PM
MINUTES OF TELEPHONIC SCHEDULING CONFERENCE before Judge Michael W. Fitzgerald: The Scheduling Conference held. TheCourt sets dates. Please see separate Order Re Jury Trial, also filed today. Court Reporter: Laura Elias. (jp) |
|
| Monday, June 19, 2017 | ||
| 24 | 24
order
Order ~Util - Set/Reset Deadlines/Hearings
Wed 06/21 8:54 AM
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald: Last Day to Add Parties/Amend Pleadings due by 11/6/2017. Non-expert Discovery cut-off 3/1/2018. Last Day to Conduct ADR Proceeding is 4/16/2018. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine by 5/29/2018. Proposed Pretrial Order due by 6/5/2018., Final Pretrial Conference and Hearing on Motions in Limine set for 6/18/2018 at 11:00 AM. Trial Date (Est. 4 Days) set for 7/10/2018 at 8:30 AM. (SEE THE SECOND PAGE OF THIS ORDER FOR FURTHER THE SPECIFIED DATES). (jp) |
|
| 23 | 23
order
Order/Referral to ADR (No 2) (Mediation Panel) (ADR-12)
Wed 06/21 8:14 AM
ORDER/REFERRAL to ADR Procedure No 2 by Judge Michael W. Fitzgerald. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 4/16/2018. (jp) |
|
| Friday, June 16, 2017 | ||
| 21 | 21
answer
Answer to Complaint (Attorney Civil Case Opening)
Fri 06/16 12:21 PM
ANSWER to Amended Complaint/Petition,16 with JURY DEMAND filed by Defendant Color Image Apparel, Inc..(Deming, Benjamin) |
|
| Tuesday, June 06, 2017 | ||
| 20 | 20
misc
Status Report
Tue 06/06 2:58 PM
STATUS REPORT CORRECTION OF DOCKET #17 to append Exhibit A Worksheet to Joint Report Rule 26(f) filed by Plaintiff Eveden Inc..(Seiter, William) |
|
|
Att: 1
Exhibit Exhibit A to Joint Report Rule 26(f)
|
||
| 19 | 19
order
Leave to Appear
Tue 06/06 2:37 PM
ORDER GRANTING Joint Request for Telephonic Appearance at Scheduling Conference18 by Judge Michael W. Fitzgerald that the Court hereby grants the joint request of William J. Seiter, counsel to Plaintiff Eveden Inc., and Michael D. Adams, counsel to Defendant Color Image Apparel, Inc., to appear by telephone for the Scheduling Conference set in the above-captioned case for 6/19/2017. (jp) |
|
| Monday, June 05, 2017 | ||
| 18 | 18
motion
Appear
Mon 06/05 1:52 PM
First REQUEST for Leave of William J. Seiter to Appear for telephonic appearance Joint Request for Telephonic Appearance at Scheduling Conference filed by plaintiff Eveden Inc.. Request set for hearing on 6/19/2017 at 11:00 AM before Judge Michael W. Fitzgerald. (Seiter, William) |
|
|
Att: 1
Proposed Order Proposed Order re Joint Request for Telephonic Appearance
|
||
| 17 | 17
misc
Report
Mon 06/05 1:17 PM
STATUS REPORT of Joint Report Rule 26(f) filed by Plaintiff Eveden Inc.. (Seiter, William) |
|
| Friday, June 02, 2017 | ||
| 16 | 16
othcmp
Amended Complaint/Petition
Fri 06/02 12:56 AM
FIRST AMENDED COMPLAINT against Defendant Color Image Apparel, Inc. amending Complaint (Attorney Civil Case Opening),,5 , filed by plaintff Eveden Inc.(Seiter, William) |
|
|
Att: 1
Exhibit Exhibit A,
|
||
|
Att: 2
Exhibit Exhibit B,
|
||
|
Att: 3
Exhibit Exhibit C,
|
||
|
Att: 4
Exhibit Exhibit D,
|
||
|
Att: 5
Exhibit Exhibit E,
|
||
|
Att: 6
Exhibit Exhibit F,
|
||
|
Att: 7
Exhibit Exhibit G
|
||
| Tuesday, May 30, 2017 | ||
| 15 | 15
order
Order
Tue 05/30 12:08 PM
ORDER by Judge Michael W. Fitzgerald: The Stipulation to Amend Complaint13 is GRANTED. Plaintiff shall file the amended complaint within 5 days; Defendant's response is due 14 days thereafter. (cw) |
|
| Friday, May 26, 2017 | ||
| 14 | 14
service
Service of Summons and Complaint Returned Executed (21 days)
Fri 05/26 9:36 AM
PROOF OF SERVICE Executed by Plaintiff Eveden Inc., upon Defendant Color Image Apparel, Inc. served on 3/23/2017, answer due 4/13/2017. Service of the Summons and Complaint were executed upon Michael D. Adams, Attorney for Defendant Color Image Apparel, Inc. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Seiter, William) |
|
| 13 | 13
stip
Amend/Correct
Fri 05/26 9:23 AM
First STIPULATION to AMEND Complaint (Attorney Civil Case Opening),,5 filed by plaintiff Eveden Inc..(Seiter, William) |
|
|
Att: 1
Proposed Order
|
||
| Friday, April 14, 2017 | ||
| 12 | 12
order
Order ~Util - Set/Reset Hearings
Fri 04/14 3:50 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. Scheduling Conference set for 6/19/2017 at 11:00 AM before Judge Michael W. Fitzgerald. (jloz) |
|
| Thursday, April 13, 2017 | ||
| 11 | 11
notice
Certificate/Notice of Interested Parties
Thu 04/13 9:45 AM
CERTIFICATE of Interested Parties filed by Defendant Color Image Apparel, Inc., (Adams, Michael) |
|
| 10 | 10
answer
Answer to Complaint (Attorney Civil Case Opening)
Thu 04/13 9:44 AM
ANSWER to Complaint (Attorney Civil Case Opening),,5 with JURY DEMAND filed by Defendant Color Image Apparel, Inc..(Attorney Michael D Adams added to party Color Image Apparel, Inc.(pty:dft))(Adams, Michael) |
|
| Tuesday, March 21, 2017 | ||
| 9 | 9
service
Summons Issued (Attorney Civil Case Opening)
Tue 03/21 8:38 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),5 as to Defendant Color Image Apparel, Inc. (jtil) |
|
| Monday, March 20, 2017 | ||
| 8 | 8
adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Mon 03/20 5:35 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
|
| 7 | 7
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Mon 03/20 5:34 PM
NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Jacqueline Chooljian. (jtil) |
|
| Sunday, March 19, 2017 | ||
| 6 | 6
notice
Certificate/Notice of Interested Parties
Sun 03/19 7:07 PM
NOTICE of Interested Parties filed by plaintiff Eveden Inc., identifying Wacoal Holdings Corporation. (Seiter, William) |
|
| Saturday, March 18, 2017 | ||
| 5 | 5
cmp
Complaint (Attorney Civil Case Opening)
Sat 03/18 9:03 PM
COMPLAINT with filing fee previously paid ($400 paid on 03/17/2017, receipt number 261AL1I4), filed by plaintiff CORRECTION OF DOCKET #1 Eveden Inc..(Seiter, William) |
|
|
Att: 1
Exhibit Exhibit A CORRECTION OF DOCKET #1,
|
||
|
Att: 2
Exhibit Exhibit B CORRECTION OF DOCKET #1,
|
||
|
Att: 3
Exhibit Exhibit C CORRECTION OF DOCKET #1,
|
||
|
Att: 4
Exhibit Exhibit D CORRECTION OF DOCKET #1,
|
||
|
Att: 5
Exhibit Exhibit E CORRECTION OF DOCKET #1,
|
||
|
Att: 6
Exhibit Exhibit F CORRECTION OF DOCKET #1,
|
||
|
Att: 7
Exhibit Exhibit G CORRECTION OF DOCKET #1
|
||
| Friday, March 17, 2017 | ||
| 4 | 4
misc
Report on Filing of Patent/Trademark Action (Initial Notification) (AO 120)
Fri 03/17 3:01 AM
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eveden Inc.. (Seiter, William) |
|
| 3 | 3
notice
Summons Request
Fri 03/17 2:38 AM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)2 filed by plaintiff Eveden Inc.. (Seiter, William) |
|
| 2 | 2
cmp
Complaint (Attorney Civil Case Opening)
Fri 03/17 2:24 AM
COMPLAINT with filing fee previously paid ($400 paid on 03/17/2017, receipt number 261AL1I4), filed by plaintiff Eveden Inc..(Seiter, William) |
|
|
Att: 1
Civil Cover Sheet Civil Cover Sheet
|
||
| 1 | 1
8
pgs
cmp
Complaint (Attorney Civil Case Opening)
Fri 03/17 1:59 AM
COMPLAINT Receipt No: 0973-19530546 - Fee: $400, filed by plaintiff Eveden Inc.. (Attorney William J. Seiter added to party Eveden Inc.(pty:pla))(Seiter, William) |
|
|
Att: 1
Exhibit Exhibit A,
|
||
|
Att: 2
Exhibit Exhibit B,
|
||
|
Att: 3
Exhibit Exhibit C,
|
||
|
Att: 4
Exhibit Exhibit D,
|
||
|
Att: 5
Exhibit Exhibit E,
|
||
|
Att: 6
Exhibit Exhibit F,
|
||
|
Att: 7
Exhibit Exhibit G
|
||