Guang Tai He Import Export, Inc. v. Daniel P. Mitchell et al (2:24-cv-00930), California Central District Court

Guang Tai He Import Export, Inc. v. Daniel P. Mitchell et al

California Central District Court
Judge:	John F Walter
Referred:	Brianna Fuller Mircheff
Case #:	2:24-cv-00930
Nature of Suit	840 Property Rights - Trademark
Cause	28:1338 Trademark Infringement

Case Filed:	Feb 02, 2024
Terminated:	Mar 18, 2024

Docket
Parties (3)

Last checked: Monday Mar 18, 2024 1:54 AM PDT

Defendant Does
Defendant Daniel P. Mitchell	Represented By Andrew G Prout Ross Wolcott Teinert And Prout LLP contact info
Plaintiff Guang Tai He Import Export, Inc.	Represented By Ben Lewis Wagner Troutman Pepper Hamilton Sanders LLP contact info

Docket last updated: 4 hours ago

Monday, March 18, 2024
39		39 misc Report of Determination of Patent/Trademark Action (CLOSE) (AO 120) Mon 03/18 11:41 AM REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (iv) Related: [-]
		Att: 1 Judgment
38		38 judgmentCV Judgment Mon 03/18 11:37 AM STIPULATED JUDGMENT AND ORDER FOR PERMANENT INJUNCTION37 by Judge John F. Walter. JUDGMENT IS THEREFORE ENTERED in favor of Plaintiff and against Defendant, pursuant to all the terms and conditions recited. (MD JS-6, Case Terminated). (iv) Related: [-]
Friday, March 15, 2024
37		37 stip Judgment Fri 03/15 5:37 PM STIPULATION for Judgment as to Plaintiff against Daniel Mitchell and Proposed Order Granting Permanent Injunction filed by Plaintiff Guang Tai He Import Export, Inc..(Wagner, Ben) Related: [-]
Wednesday, March 13, 2024
36		36 stip Extending Time to Answer (30 days or less) Wed 03/13 2:44 PM Third STIPULATION Extending Time to Answer the complaint as to Daniel P. Mitchell answer now due 3/15/2024, re Complaint (Attorney Civil Case Opening),,,2 filed by Plaintiff Guang Tai He Import Export, Inc..(Wagner, Ben) Related: [-]
Tuesday, March 12, 2024
35		35 order Initial Order Setting R26 Scheduling Conference - form only Tue 03/12 3:06 PM MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for April 29, 2024 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before April 12, 2024. (iv) Related: [-]
34		34 order Preliminary Injunction Tue 03/12 2:40 PM PRELIMINARY INJUNCTION by Judge John F. Walter. The Court hereby ISSUES the following preliminary injunction: (1) Daniel P. Mitchell is barred from directly or indirectly (or through its agents or those acting under its direction or control) from attempting to enforce the "SPC" mark against Plaintiff, including U.S. Registration No. 5,305,381. (iv) Related: [-]
33		33 order Minutes of In Chambers Order/Directive - no proceeding held Tue 03/12 2:37 PM MINUTE (IN CHAMBERS) ORDER RE: PRELIMINARY INJUNCTION by Judge John F. Walter. For the reasons stated in Plaintiff's moving papers, and in light of Defendant's failure to file an Opposition, the Court will issue a preliminary injunction, with the same terms set forth in the Temporary Restraining Order. The Court declines Plaintiff's request to expand the injunctive relief beyond the relief set forth in the Temporary Restraining Order. (iv) Related: [-]
Friday, March 08, 2024
32		32 stip Extending Time to Answer (30 days or less) Fri 03/08 5:07 PM Second STIPULATION Extending Time to Answer the complaint as to Daniel P. Mitchell answer now due 3/13/2024, re Complaint (Attorney Civil Case Opening),,,2 filed by Plaintiff Guang Tai He Import Export, Inc..(Wagner, Ben) Related: [-]
Tuesday, March 05, 2024
31		31 stip Extending Time to Answer (30 days or less) Tue 03/05 5:30 PM First STIPULATION Extending Time to Answer the complaint as to Daniel P. Mitchell answer now due 3/8/2024, re Complaint (Attorney Civil Case Opening),,,2 filed by Plaintiff Guang Tai He Import Export, Inc..(Wagner, Ben) Related: [-]
Wednesday, February 28, 2024
30		30 misc Reply Wed 02/28 11:44 AM REPLY filed by Plaintiff Guang Tai He Import Export, Inc. to Order,,,, Set/Reset Motion Hearing and R&R Deadlines,,,26 , Temporary Restraining Order,,18 in Support of Order to Show Cause re Preliminary Injunction (Wagner, Ben) Related: [-]
Monday, February 26, 2024
29		29 service Service of Summons and Complaint Returned Executed (21 days) Mon 02/26 9:55 PM PROOF OF SERVICE Executed by Plaintiff Guang Tai He Import Export, Inc., upon Defendant Daniel P. Mitchell served on 2/13/2024, answer due 3/5/2024. Service of the Summons and Complaint were executed upon Kristine Olmos, Secretary in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy (Wagner, Ben) Related: [-]
Tuesday, February 13, 2024
28		28 misc Declaration Tue 02/13 4:17 PM DECLARATION of Andrew G. Prout Declaration of Lead Trial Counsel filed by Defendant Daniel P. Mitchell. (Prout, Andrew) Related: [-]
Monday, February 12, 2024
27		27 misc Declaration Mon 02/12 11:35 AM DECLARATION of Ben L. Wagner Declaration of Lead Trial Counsel filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) Related: [-]
Friday, February 09, 2024
25		25 notice Notice of Appearance or Withdrawal of Counsel (G-123) Fri 02/09 9:25 AM Notice of Appearance or Withdrawal of Counsel: for attorney Andrew G Prout counsel for Defendant Daniel P. Mitchell. Adding Andrew G. Prout as counsel of record for Daniel P. Mitchell for the reason indicated in the G-123 Notice. Filed by Defendant Daniel P. Mitchell. (Prout, Andrew) Related: [-]
Thursday, February 08, 2024
26		26 2 pgs order Order ~Util - Set/Reset Motion Hearing and R&R Deadlines Fri 02/09 3:22 PM ORDER GRANTING STIPULATION TO CONTINUE HEARING DATE, EXTEND TIME TO RESPOND TO ORDER TO SHOW CAUSE, AND EXTEND TRO by Judge John F. Walter, re Stipulation22 : NOTE CHANGE BY COURT. Plaintiff GUANG TAI HE IMPORT EXPORT, INC. ("Plaintiff"), and Defendant DANIEL P. MITCHELL ("Defendant") have stipulated and good cause appearing therefor, the Court hereby orders: (1) Defendant's deadline to file a Response shall be extended to February 23, 2024; (2) Plaintiff's deadline to file a Reply shall be extended to March 5, 2024; (3) The hearing on the Court's Order to Show Cause shall be continued to March 25, 2024 at 8:00 a.m.; (4) On stipulation of the parties to exceed 14 days, the Court's Order on Plaintiff's Ex Parte Application shall remain in place until such time as the Court is able to hear and rule on the Court's Order to Show Cause, without prejudice to any of Defendant's arguments or rights. IT IS ORDERED. (bm) Related: [-]
24		24 notice Deficiency in Filed Documents (G-112A) - optional html form Thu 02/08 5:50 PM NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Appearance23 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. 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. (ak) Related: [-]
Wednesday, February 07, 2024
23		23 notice Appearance Wed 02/07 4:40 PM NOTICE of Appearance filed by attorney Andrew G Prout on behalf of Defendant Daniel P. Mitchell (Prout, Andrew) Related: [-]
22		22 stip Extension of Time to File Response/Reply Extension of Time to File Document Wed 02/07 3:56 PM First STIPULATION for Extension of Time to File Response as to Temporary Restraining Order,,18 , First STIPULATION for Extension of Time to File Order to Show Cause filed by Defendant Daniel P. Mitchell.(Attorney Andrew G Prout added to party Daniel P. Mitchell(pty:dft))(Prout, Andrew) Related: [-]
		Att: 1 Proposed Order
Tuesday, February 06, 2024
21		21 service Proof of Service (subsequent documents) Tue 02/06 4:12 PM PROOF OF SERVICE filed by Plaintiff Guang Tai He Import Export, Inc., re Minutes of In Chambers Order/Directive - no proceeding held,17 , Temporary Restraining Order,,18 served on 2/5/2024. (Wagner, Ben) Related: [-]
20		20 service Proof of Service (subsequent documents) Tue 02/06 11:40 AM PROOF OF SERVICE filed by Plaintiff Guang Tai He Import Export, Inc., re Application/Motion/Request (Attorney Civil Case Opening),1 served on February 5, 2024. (Wagner, Ben) Related: [-]
Monday, February 05, 2024
19		19 service Summons Issued Mon 02/05 1:36 PM 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)2 as to Defendant Daniel P. Mitchell. (iv) Related: [-]
18		18 order Temporary Restraining Order Mon 02/05 9:21 AM ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE by Judge John F. Walter. The Court hereby GRANTS the following temporary restraining order. IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(b), Defendant Daniel P. Mitchell shall appear before this Court on or before February 20, 2024 at 9:30 a.m. to show cause why the preliminary injunction requested by Plaintiff should not be granted. (iv) Related: [-]
17		17 order Minutes of In Chambers Order/Directive - no proceeding held Mon 02/05 9:15 AM MINUTE (IN CHAMBERS) ORDER GRANTING PLAINTIFF GUANG TAI HE IMPORT EXPORT, INC.'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND OSC RE PRELIMINARY INJUNCTION [filed 2/2/2024; Docket No.1 ] by Judge John F. Walter. Plaintiff's Application is GRANTED. (iv) Related: [-]
Saturday, February 03, 2024
16		16 notice Withdrawal (Document or Motion) Sat 02/03 5:28 PM Notice of Withdrawal of Notice (Other)15 filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) Related: [-]
15		15 notice Notice (Other) Sat 02/03 3:25 PM Notice Concerning Non-Opposition to Plaintiff's Ex Parte Application for TRO filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) Related: [-]
Friday, February 02, 2024
14		14 service Proof of Service (subsequent documents) Fri 02/02 7:27 PM PROOF OF SERVICE filed by Plaintiff Guang Tai He Import Export, Inc., re Application/Motion/Request (Attorney Civil Case Opening),1 served on 2/2/2024. (Wagner, Ben) Related: [-]
13		13 misc Declaration Fri 02/02 2:47 PM DECLARATION of Ben L. Wagner re Application/Motion/Request (Attorney Civil Case Opening),1 Supplemental Service Declaration filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) Related: [-]
12		12 notice Summons Request Fri 02/02 2:07 PM Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,2 filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) Related: [-]
11		11 misc Report on Filing of Patent/Trademark Action (Initial Notification) (AO 120) Fri 02/02 1:45 PM REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Guang Tai He Import Export, Inc.. (Wagner, Ben) Related: [-]
10		10 notice Certificate/Notice of Interested Parties Fri 02/02 1:43 PM NOTICE of Interested Parties filed by Plaintiff Guang Tai He Import Export, Inc., identifying none. (Wagner, Ben) Related: [-]
9		9 22 pgs order Order Fri 02/02 1:30 PM STANDING ORDER by Judge John F. Walter. (sr) Related: [-]
8		8 1 pgs notice Copyright/Patent/Trademark (CV-31) (Notice to Counsel) - optional html form Fri 02/02 12:57 PM 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. (lh) Related: [-]
7		7 notice Deficiency in Attorney Case Opening Fri 02/02 12:57 PM NOTICE OF DEFICIENCIES in Attorney Case Opening. 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. (lh) Related: [-]
6		6 notice Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form Fri 02/02 12:52 PM Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) Related: [-]
5		5 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Fri 02/02 12:51 PM NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) Related: [-]
4		4 notice Notice of Assignment to United States Judges (CV-18) - optional html form Fri 02/02 12:51 PM NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Brianna Fuller Mircheff. (lh) Related: [-]
3		3 misc Civil Cover Sheet (CV-71) Fri 02/02 12:19 PM CIVIL COVER SHEET filed by Plaintiff Guang Tai He Import Export, Inc.. (Wagner, Ben) Related: [-]
2		2 27 pgs cmp Complaint (Attorney Civil Case Opening) Fri 02/02 12:17 PM COMPLAINT with filing fee previously paid ($405 paid on 02/02/2024, receipt number ACACDC-36845254), filed by Plaintiff Guang Tai He Import Export, Inc..(Wagner, Ben) Related: [-]
		Att: 1 Exhibit Index,
		Att: 2 Exhibit A - Newson Decl,
		Att: 3 Exhibit B (i4F_Ex. A),
		Att: 4 Exhibit C (i4F_Ex. C),
		Att: 5 Exhibit D (i4F_Ex. E),
		Att: 6 Exhibit E (i4F_Ex. F),
		Att: 7 Exhibit F (i4F_Ex. G),
		Att: 8 Exhibit G (i4F_Ex. H),
		Att: 9 Exhibit H (i4F_Ex. J),
		Att: 10 Exhibit I (Ltr to U.S. Customs),
		Att: 11 Exhibit J (Mitchell USPTO SPC Reg Cert),
		Att: 12 Exhibit K (Petition in Cancellation),
		Att: 13 Exhibit L (Detention Notices),
		Att: 14 Exhibit M (Recent License of Defendant),
		Att: 15 Exhibit N (Pics of Detained Flooring),
		Att: 16 Exhibit O (Liu Ex. 6),
		Att: 17 Exhibit P (FloorsPlus U.S. Registrations),
		Att: 18 Exhibit Q (IPR Recordation Submission)
1		1 cmp Application/Motion/Request (Attorney Civil Case Opening) Fri 02/02 11:59 AM APPLICATION for Temporary Restraining Order and OSC re Preliminary Injunction Receipt No: ACACDC-36845254 - Fee: $405, filed by Plaintiff Guang Tai He Import Export, Inc.. (Attorney Ben Lewis Wagner added to party Guang Tai He Import Export, Inc.(pty:pla))(Wagner, Ben) Related: [-]
		Att: 1 Declaration of Ben L. Wagner,
		Att: 2 Declaration of Bin Liu,
		Att: 3 Proposed Order Granting TRO,
		Att: 4 Proposed Order to Show Cause

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