CrossFit, LLC v. Scarberry et al (5:23-cv-00460), California Central District Court

CrossFit, LLC v. Scarberry et al

California Central District Court
Judge:	Fernando M Olguin
Referred:	Kenly Kiya Kato
Case #:	5:23-cv-00460
Nature of Suit	840 Property Rights - Trademark
Cause	15:1114 Trademark Infringement

Case Filed:	Mar 16, 2023
Terminated:	Jul 31, 2023

Docket
Parties (3)

Last checked: Saturday Sep 16, 2023 6:57 AM PDT

Defendant Legends Barbell	Represented By Cole Smith Cannon Cannon Law Group PLLC contact info
Defendant Marty Scarberry	Represented By Cole Smith Cannon Cannon Law Group PLLC contact info
Plaintiff CrossFit, LLC	Represented By Yuo-Fong Chang Amato Gordon Rees Scully Mansukhani LLP contact info Candice S. Nam Gordon Rees Scully Mansukhani LLP contact info Patrick Mulkern Gordon Rees Scully Mansukhani LLP contact info

Docket last updated: 4 hours ago

Monday, July 31, 2023
38		38 misc Report of Determination of Patent/Trademark Action (CLOSE) (AO 120) Mon 07/31 11:26 AM REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (iv) Related: [-]
		Att: 1 Judgment
37		37 judgmentCV Judgment Mon 07/31 11:22 AM FINAL JUDGMENT by Judge Fernando M. Olguin. Legends, and those acting on their behalfincluding their agents, servants, employees, independent contractors, companies, and partnersare permanently enjoined from using the term "CrossFit" and confusingly similar terms to sell, offer to sell, or otherwise advertise their products or services. (MD JS-6, Case Terminated). (iv) Related: [-]
Thursday, July 27, 2023
36		36 stip Judgment Thu 07/27 11:17 AM Joint STIPULATION for Judgment as to Defendants Marty Scarberry and Legends Barbell filed by Plaintiff CrossFit, LLC.(Mulkern, Patrick) Related: [-]
		Att: 1 Proposed Final Judgment
Friday, June 30, 2023
35		35 order Initial Order Setting R26 Scheduling Conference - form only Fri 06/30 11:17 AM ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Rule 26 Meeting Report due by 8/10/2023. Scheduling Conference set for 8/24/2023 at 10:00 AM before Judge Fernando M. Olguin. (gga) Related: [-]
Thursday, June 29, 2023
34		34 service Proof of Service (subsequent documents) Thu 06/29 2:58 PM PROOF OF SERVICE filed by Defendant Legends Barbell, Marty Scarberry, re Notice of Appearance or Withdrawal of Counsel (G-123)33 served on 6/29/2023. (iv) Related: [-]
33		33 notice Notice of Appearance or Withdrawal of Counsel (G-123) Thu 06/29 2:54 PM NOTICE OF APPEARANCE OR WITHDRAWAL OF COUNSEL filed by Defendant Legends Barbell, Marty Scarberry. (Attorney Cole Smith Cannon added to party Legends Barbell(pty:dft), Attorney Cole Smith Cannon added to party Marty Scarberry(pty:dft))(iv) Related: [-]
32		32 minutes Motion Hearing Default Judgment Thu 06/29 2:29 PM MINUTES OF MOTION FOR DEFAULT JUDGMENT24 held before Judge Fernando M. Olguin. For the reasons stated on the record, the Motion for Default Judgment is denied without prejudice. The default previously entered is hereby vacated. Defendants shall file a responsive pleading no later than July 20, 2023. Court Reporter: Katherine Stride. (iv) Related: [-]
Tuesday, June 27, 2023
31		31 notice Notice of Appearance or Withdrawal of Counsel (G-123) Tue 06/27 8:53 AM Notice of Appearance or Withdrawal of Counsel: for attorney Candice S. Nam counsel for Plaintiff CrossFit, LLC. Adding Candice S. Nam as counsel of record for CROSSFIT, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff CROSSFIT, LLC.(Attorney Candice S. Nam added to party CrossFit, LLC(pty:pla))(Nam, Candice) Related: [-]
		Att: 1 Certificate of Service
Thursday, June 22, 2023
30		30 order Leave to Appear Thu 06/22 4:05 PM ORDER ON PLAINTIFF CROSSFIT, LLC'S REQUEST FOR REMOTE APPEARANCE AT HEARING ON UNOPPOSED MOTION FOR DEFAULT JUDGMENT29 by Judge Fernando M. Olguin. See Order for Details. (iv) Related: [-]
Thursday, June 15, 2023
29		29 motion Appear Thu 06/15 1:29 PM REQUEST for Leave of Patrick J. Mulkern to Appear for Remote at Hearing on Unopposed Motion for Default Judgment filed by Plaintiff CrossFit, LLC. Request set for hearing on 6/29/2023 at 10:00 AM before Judge Fernando M. Olguin. (Mulkern, Patrick) Related: [-]
		Att: 1 Declaration of Patrick J. Mulkern,
		Att: 2 Proposed Order
Thursday, June 01, 2023
28		28 notice Notice of Appearance or Withdrawal of Counsel (G-123) Thu 06/01 2:29 PM Notice of Appearance or Withdrawal of Counsel: for attorney Yuo-Fong Chang Amato counsel for Plaintiff CrossFit, LLC. Yuo-Fong C. Amato is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff CrossFit, LLC.(Amato, Yuo-Fong) Related: [-]
		Att: 1 Certificate of Service
Tuesday, May 30, 2023
27		27 notice Notice of Appearance or Withdrawal of Counsel (G-123) Tue 05/30 4:30 PM Notice of Appearance or Withdrawal of Counsel: for attorney Patrick Mulkern counsel for Plaintiff CrossFit, LLC. Adding Patrick J. Mulkern as counsel of record for Plaintiff CrossFit, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff CrossFit, LLC.(Attorney Patrick Mulkern added to party CrossFit, LLC(pty:pla))(Mulkern, Patrick) Related: [-]
		Att: 1 Certificate of Service
Friday, May 26, 2023
26		26 order Response By Court to Notice of Deficiencies (G-112B) - optional html form Fri 05/26 11:59 AM RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: for Default Judgment24 by Judge Fernando M. Olguin. The hearing date has been rescheduled. Motion set for hearing on 6/29/2023 at 10:00 AM before Judge Fernando M. Olguin. (gga) Related: [-]
25		25 notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Fri 05/26 11:57 AM NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: for Default Judgment24 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. Other error(s) with document(s): Counsel shall review the Court's Procedures and Schedules page for closed motion dates.. 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. (gga) Related: [-]
Tuesday, May 16, 2023
24		24 respm Notice of Motion Tue 05/16 4:25 PM NOTICE OF MOTION re REQUEST for Clerk to Enter Default against Defendants Legends Barbell, Marty Scarberry20 filed by Plaintiff CrossFit, LLC. Motion set for hearing on 6/22/2023 at 10:00 AM before Judge Fernando M. Olguin.(Amato, Yuo-Fong) Related: [-]
		Att: 1 Memorandum,
		Att: 2 Declaration,
		Att: 3 Declaration,
		Att: 4 Proposed Order,
		Att: 5 POS
Tuesday, May 02, 2023
23		23 order Minutes of In Chambers Order/Directive - no proceeding held Tue 05/02 4:41 PM MINUTE (IN CHAMBERS) ORDER RE: FURTHER PROCEEDINGS by Judge Fernando M. Olguin. See Order for Details. (iv) Related: [-]
22		22 textonly Text Only Scheduling Notice Tue 05/02 2:27 PM TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. The Order to Show Cause19 issued on 4/18/2023 is hereby discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) Related: [-]
Thursday, April 27, 2023
21		21 order Clerks Entry of Default (CV-37) - optional html form Thu 04/27 8:57 AM DEFAULT BY CLERK F.R.Civ.P.55(a) as to Legends Barbell, Marty Scarberry. (iv) Related: [-]
Wednesday, April 26, 2023
20		20 motion Clerk to Enter Default Wed 04/26 5:18 PM REQUEST for Clerk to Enter Default against Defendants Legends Barbell, Marty Scarberry filed by Plaintiff CrossFit, LLC. (Amato, Yuo-Fong) Related: [-]
		Att: 1 Exhibit 1 - Declaration of Yuo-Fong C. Amato
Tuesday, April 18, 2023
19		19 1 pgs order Order to Show Cause Tue 04/18 4:42 PM (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 4/27/2023. (vdr) Related: [-]
Tuesday, April 11, 2023
18		18 service Service of Summons and Complaint Returned Executed (21 days) Tue 04/11 4:49 PM PROOF OF SERVICE Executed by Plaintiff CrossFit, LLC, upon Defendant Legends Barbell served on 3/27/2023, answer due 4/17/2023. Service of the Summons and Complaint were executed upon Marty Scarberry, Agent for Service of Process of Legends Barbell in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Amato, Yuo-Fong) Related: [-]
17		17 service Service of Summons and Complaint Returned Executed (21 days) Tue 04/11 4:39 PM PROOF OF SERVICE Executed by Plaintiff CrossFit, LLC, upon Defendant Marty Scarberry served on 3/27/2023, answer due 4/17/2023. Service of the Summons and Complaint were executed upon Marty Scarberry, an individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Amato, Yuo-Fong) Related: [-]
Wednesday, March 29, 2023
16		16 textonly Generic Text Only Entry Wed 03/29 1:19 PM TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. 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. (gga) Related: [-]
Monday, March 20, 2023
15		15 service Summons Issued Mon 03/20 7:24 PM 21-Day Summons Issued re Complaint1 as to Defendant Legends Barbell. (gk) Related: [-]
14		14 service Summons Issued Mon 03/20 7:23 PM 21-Day Summons Issued re Complaint1 as to Defendant Marty Scarberry. (gk) Related: [-]
13		13 cs_rasgn Returning Case for Reassignment w/i division (CV-89) Mon 03/20 2:39 PM ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge Fernando M. Olguin for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:23-cv-00460 FMO(KKx). (rn) Related: [-]
Friday, March 17, 2023
12		12 notice Summons Request Fri 03/17 2:41 PM Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 , Civil Cover Sheet (CV-71)2 filed by Plaintiff CrossFit, LLC. (Amato, Yuo-Fong) Related: [-]
11		11 notice Summons Request Fri 03/17 2:38 PM Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 , Civil Cover Sheet (CV-71)2 filed by Plaintiff CrossFit, LLC. (Amato, Yuo-Fong) Related: [-]
10		10 notice Deficiency in Summons Fri 03/17 12:52 PM NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request5 , Summons Request4 . 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. (lh) Related: [-]
9		9 notice Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form Fri 03/17 12:48 PM Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) Related: [-]
8		8 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Fri 03/17 12:48 PM NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) Related: [-]
7		7 notice Notice of Assignment to United States Judges (CV-18) - optional html form Fri 03/17 12:48 PM NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Kenly Kiya Kato. (lh) Related: [-]
Thursday, March 16, 2023
6		6 misc Report on Filing of Patent/Trademark Action (Initial Notification) (AO 120) Thu 03/16 3:38 PM REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by CrossFit, LLC. (Amato, Yuo-Fong) Related: [-]
5		5 notice Summons Request Thu 03/16 3:35 PM Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 , Civil Cover Sheet (CV-71)2 filed by Plaintiff CrossFit, LLC. (Amato, Yuo-Fong) Related: [-]
4		4 notice Summons Request Thu 03/16 3:32 PM Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 , Civil Cover Sheet (CV-71)2 filed by Plaintiff CrossFit, LLC. (Amato, Yuo-Fong) Related: [-]
3		3 notice Certificate/Notice of Interested Parties Thu 03/16 3:26 PM CERTIFICATE of Interested Parties filed by Plaintiff CrossFit, LLC, identifying CrossFit, LLC. (Amato, Yuo-Fong) Related: [-]
2		2 misc Civil Cover Sheet (CV-71) Thu 03/16 3:20 PM CIVIL COVER SHEET filed by Plaintiff CrossFit, LLC. (Amato, Yuo-Fong) Related: [-]
1		1 11 pgs cmp Complaint (Attorney Civil Case Opening) Thu 03/16 2:32 PM COMPLAINT Receipt No: ACACDC-34969754 - Fee: $402, filed by Plaintiff CrossFit, LLC. (Attorney Yuo-Fong Chang Amato added to party CrossFit, LLC(pty:pla))(Amato, Yuo-Fong) Related: [-]

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