Beaumont RV, Inc. v. Carbon Emery RV, Inc.

California Eastern District Court
Judge:	Jennifer L Thurston
Referred:	Helena M Barch-Kuchta
Case #:	1:22-cv-00073
Nature of Suit	840 Property Rights - Trademark
Cause	15:1125 Trademark Infringement (Lanham Act)

Case Filed:	Jan 17, 2022
Terminated:	Jul 31, 2023

Last checked: Saturday Jul 16, 2022 1:35 AM PDT

Defendant Carbon Emery RV, Inc.	Represented By Michael John Thomas Downey Brand, LLP contact info Trevor J Lee Mcbb contact info Michael E Harmond, PHV Manning Curtis Bradshaw & Bednar contact info
Plaintiff Beaumont RV, Inc.	Represented By William K. Nelson Sierra Ip Law, PC contact info Mark D. Miller Sierra Ip Law, PC contact info Brian D. Whelan Whelan Law Group contact info

GPO Apr 11 2022
ORDER ALLOWING LATE FILING OF PAPERS IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS signed by District Judge Anthony W. Ishii on 4/11/2022. IT IS HEREBY ORDERED that plaintiff's motion for order allowing late filing of papers in opposition to defendant's Motion to Dismiss is GRANTED. Plaintiff shall have up to and including Monday, April 11, 2022 within which to file its opposition to the Motion to Dismiss. (Gonzales, V)

GPO Jul 31 2023
ORDER re Voluntary Dismissal Under Fed. R. Civ. P. 41(a)(1)(A)(ii) signed by Magistrate Judge Helena M. Barch-Kuchta on 7/31/2023. CASE CLOSED. The Court retains jurisdiction to enforce settlement. (Lawrence, A)

Docket last updated: 8 minutes ago

Monday, July 31, 2023
29		29 2 pgs order Order ~Util - Terminate Civil Case Mon 07/31 1:15 PM ORDER re Voluntary Dismissal Under Fed. R. Civ. P. 41(a)(1)(A)(ii) signed by Magistrate Judge Helena M. Barch-Kuchta on 7/31/2023. CASE CLOSED. The Court retains jurisdiction to enforce settlement . (Lawrence, A) Related: [-]
Sunday, July 30, 2023
27		27 notice Notice of Voluntary Dismissal Sun 07/30 6:26 PM NOTICE of VOLUNTARY DISMISSAL by Beaumont RV, Inc.. (Nelson, William) Related: [-]
Tuesday, April 11, 2023
26		26 1 pgs misc Order Reassigning Retired or Senior District Judge Tue 04/11 9:35 AM ORDER REASSIGNING CASE signed by Chief Judge Kimberly J. Mueller: Due to the impending inactive retirement of District Judge Anthony W. Ishii from the bench of the Eastern District of California, this action is reassigned to District Judge Jennifer L. Thurston for all further proceedings. (Rivera, O) Related: [-]
Thursday, February 23, 2023
25		25 minutes Status Conference ~Util - 1 Set/Reset Deadlines and Hearings Thu 02/23 3:05 PM MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Helena M. Barch-Kuchta: STATUS CONFERENCE held on 2/23/2023, Plaintiff's Counsel Brian Whelan and Defendant's Counsel Michael Harmond appeared telephonically. The parties have made progress but require additional time before they can file dispositional documents. The parties requested an additional 10-month period of time to perform their respective obligations under the terms of the settlement agreement. Given the complicated settlement timeline, the Court finds good cause to grant a further extension of time to file dispositional documents. L.R. 160(b). The Court will STAY the matter and set a further Telephonic Status Conference for 7/20/2023 at 01:00 PM before Magistrate Judge Helena M. Barch-Kuchta. Parties are to use the following dial-in number and passcode: 888-204-5984; passcode 4446176 . (Apodaca, P) Related: [-]
Monday, February 20, 2023
24		24 notice Notice of Change of Address Mon 02/20 12:07 PM NOTICE of CHANGE of ADDRESS by Michael E Harmond, PHV. (Harmond, Michael) Related: [-]
Friday, September 30, 2022
		order Order on Motion for Extension Fri 09/30 2:39 PM TEXT ONLY ORDER GRANTING21 motion for extension of time to file dispositional documents. For good cause shown under Local Rule 160(b), the Court relieves the parties of a definitive date by which the parties must file dispositional documents and instead sets this matter for a telephonic status conference before the undersigned for February 23, 2023 at 1:00 P.M. (Dial-In: 888-204-5984; Passcode: 4446176). All pending motions and other deadlines remain STAYED absent further order by the Court. Signed by Magistrate Judge Helena M. Barch-Kuchta on 9/30/2022. (Barch-Kuchta, Helena) Related: [-]
		order Order on Motion to Dismiss/Lack of Jurisdiction Fri 09/30 2:54 PM TEXT ONLY ORDER FINDING AS MOOT10 Motion to Dismiss for Lack of Jurisdiction in light of the parties' notice of settlement filed September 2, 2022. (Doc. No.19 ). Signed by Magistrate Judge Helena M. Barch-Kuchta on 09/30/2022. (Barch-Kuchta, Helena) Related: [-]
Tuesday, September 20, 2022
21		21 misc Stipulation Tue 09/20 4:36 PM STIPULATION and Proposed Order by Beaumont RV, Inc.. (Whelan, Brian) Related: [-]
Thursday, September 15, 2022
		order Minute Order ~Util - 1 Terminate Deadlines and Hearings Thu 09/15 3:05 PM MINUTE ORDER (Text Only Entry): On September 2, 2022, the Parties filed a Notice of Settlement. (Doc. No.19 ). The parties shall file dispositional documents within twenty-one days . Local Rule 160(b). If the parties require further time to file dispositional documents, they must seek leave and show good cause. Id . All pending motions, deadlines and/or hearings are STAYED. The December 8, 2022 Scheduling Conference is VACATED. Signed by Magistrate Judge Helena M. Barch-Kuchta on 9/15/2022. (Apodaca, P) Related: [-]
Friday, September 02, 2022
19		19 notice Notice of Settlement Fri 09/02 1:46 PM NOTICE of SETTLEMENT and ORDER to VACATE CASE MANAGEMENT CONFERENCE by Beaumont RV, Inc.. (Whelan, Brian) Related: [-]
Monday, August 29, 2022
		order Minute Order ~Util - 1 Set/Reset Deadlines and Hearings Mon 08/29 4:25 PM MINUTE ORDER. In light of the pending motion to dismiss (Doc. No.10 ), the Initial Scheduling Conference set for September 15, 2022 at 11:00 AM is CONTINUED to December 8, 2022 at 1:00 PM before Magistrate Judge Helena M. Barch-Kuchta. The parties are reminded of their obligation to file a joint scheduling report at no later than one week prior to the conference. Signed by Magistrate Judge Helena M. Barch-Kuchta on 8/29/2022. (Apodaca, P) Related: [-]
Thursday, April 21, 2022
16		16 misc Reply Thu 04/21 12:14 PM REPLY by Carbon Emery RV, Inc. re10 Motion to Dismiss/Lack of Jurisdiction,,.(Harmond, Michael) Related: [-]
		Att: 1 Exhibit A - Second Declaration of Jason Child w/ Ex. 1,
		Att: 2 Exhibit B - Declaration of Cortney Jones w/ Exs. 1-3
		order Minute Order ~Util - 1 Terminate Deadlines and Hearings Thu 04/21 2:28 PM MINUTE ORDER : (Text Only Entry) The Court has deemed the MOTION TO DISMISS FOR LACK OF JURISDICTION, Doc. No.10 , noticed for hearing on 4/25/2022, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motion will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 4/21/2022. (Gonzales, V) Related: [-]
Monday, April 11, 2022
15		15 respm Opposition to Motion Mon 04/11 1:13 PM OPPOSITION by Beaumont RV, Inc. to10 Motion to Dismiss/Lack of Jurisdiction,,.(Whelan, Brian) Related: [-]
		Att: 1 Declaration,
		Att: 2 Declaration
14		14 2 pgs order Order on Motion for Miscellaneous Relief Mon 04/11 11:28 AM ORDER ALLOWING LATE FILING OF PAPERS IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS signed by District Judge Anthony W. Ishii on 4/11/2022. IT IS HEREBY ORDERED that plaintiff's motion for order allowing late filing of papers in opposition to defendant's Motion to Dismiss is GRANTED. Plaintiff shall have up to and including Monday, April 11, 2022 within which to file its opposition to the Motion to Dismiss. (Gonzales, V) Related: [-]
Friday, April 08, 2022
13		13 respm Opposition to Motion Fri 04/08 6:37 PM OPPOSITION by Beaumont RV, Inc. to10 Motion to Dismiss/Lack of Jurisdiction,,12 Motion for Miscellaneous Relief,.(Nelson, William) Related: [-]
		Att: 1 Declaration,
		Att: 2 Declaration
12		12 motion Miscellaneous Relief Fri 04/08 6:21 PM MOTION Extended to File Opposition to Defendant's Motion to Dismiss re10 Motion to Dismiss/Lack of Jurisdiction,, by Beaumont RV, Inc..(Nelson, William) Related: [-]
		Att: 1 Declaration Declaration of Counsel,
		Att: 2 Declaration Declaration of Counsel,
		Att: 3 Declaration Declaration of Counsel,
		Att: 4 Proposed Order
Tuesday, March 22, 2022
11		11 notice Notice of Appearance Tue 03/22 8:05 AM NOTICE of APPEARANCE by Trevor J Lee on behalf of Carbon Emery RV, Inc.. Attorney Lee, Trevor J added. (Lee, Trevor) Related: [-]
Monday, March 21, 2022
10		10 motion Dismiss/Lack of Jurisdiction Mon 03/21 1:08 PM MOTION to DISMISS for LACK of JURISDICTION by Carbon Emery RV, Inc.. Motion Hearing set for 4/25/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.(Harmond, Michael) Related: [-]
		Att: 1 Declaration of Jason Child,
		Att: 2 Exhibit 1 - Buyer Order,
		Att: 3 Exhibit 2 - epicrv.com pages,
		Att: 4 Exhibit 3 - get a quote fireshot capture,
		Att: 5 Exhibit 4 - SEO Keywords,
		Att: 6 Exhibit 5 - SEM Ad Copy,
		Att: 7 Exhibit 6 - KSL Letter,
		Att: 8 Exhibit 7 - Epic RV Liquidator's Financing Application,
		Att: 9 Exhibit 8 - search results fireshot capture
Tuesday, February 22, 2022
		order Order on Application for Pro Hac Vice Tue 02/22 1:52 PM Text Only Order GRANTING8 Application for Pro Hac Vice. Having satisfied the requirements of Local Rule 180(b)(2), Attorney Michael E. Harmond's application is granted. He may appear on behalf of Defendant Carbon Emery RV, Inc. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. signed by Magistrate Judge Helena M. Barch-Kuchta on 2/22/2022. (Glinzak, Louis) Related: [-]
Thursday, February 17, 2022
8		8 motion Application for Pro Hac Vice and Proposed Order Thu 02/17 10:45 AM PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Carbon Emery RV, Inc. for attorney Michael E. Harmond to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10082044) (Thomas, Michael) Related: [-]
7		7 misc Stipulation Thu 02/17 10:31 AM STIPULATION Extension to Respond to Complaint by Carbon Emery RV, Inc.. Attorney Thomas, Michael John added. (Thomas, Michael) Related: [-]
Tuesday, February 01, 2022
6		6 service Summons Returned Executed Tue 02/01 5:11 PM SUMMONS RETURNED EXECUTED: All Defendants. (Whelan, Brian) Related: [-]
Wednesday, January 19, 2022
5		5 misc Trademark New Case Documents for AWI Wed 01/19 12:11 PM AMENDED TRADEMARK NEW CASE DOCUMENTS ISSUED as to Trademark #1:* 97194237 * * 12/29/2021 * * BEAUMONT RV, INC. * Trademark #2:* 97111598 * * 11/05/2021 * * BEAUMONT RV, INC. * ; copy of Complaint and Trademark Report emailed to U.S. Office of Patents and Trademarks. Initial Scheduling Conference set for 9/15/2022 at 11:00 AM in Yosemite (HBK) before Magistrate Judge Helena M. Barch-Kuchta. (Flores, E) Related: [-]
		Att: 1 Consent Form,
		Att: 2 Trademark Report,
		Att: 3 VDRP
4		4 misc Trademark New Case Documents for AWI Wed 01/19 11:55 AM *DISREGARDED* TRADEMARK NEW CASE DOCUMENTS ISSUED as to Trademark #1:* 97194237 * * 12/29/2021 * * BEAUMONT RV, INC. * Trademark #2:* 97111598 * * 11/05/2021 * * BEAUMONT RV, INC. * ; copy of Complaint and Trademark Report emailed to U.S. Office of Patents and Trademarks. Initial Scheduling Conference set for 9/15/2022 at 10:30 AM in Yosemite (HBK) before Magistrate Judge Helena M. Barch-Kuchta. (Flores, E) Related: [-]
		Att: 1 Consent Form,
		Att: 2 Trademark Report,
		Att: 3 VDRP
3		3 service Summons Wed 01/19 10:55 AM SUMMONS ISSUED as to Carbon Emery RV, Inc. with answer to complaint due within 21 days. Attorney Brian D. Whelan Whelan Law Group 1827 E. Fir Avenue, Suite 110 Fresno, CA 93720. (Flores, E) Related: [-]
Monday, January 17, 2022
2		2 CIVIL COVER SHEET by BEAUMONT RV, INC., a California Corporation (Whelan, Brian) Related: [-]
1		1 COMPLAINT against All Defendants by BEAUMONT RV, INC., a California Corporation. (Filing fee $ 402, receipt number ACAEDC-10025955)(Whelan, Brian) Related: [-]
		Att: 1 Exhibit

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