最近更新：2024-12-25
2024-cv-03006
| 日期 | 描述 |
|---|---|
| 12/20/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 12/20/2024. The 4/20/2025 discovery cut-off stands. A telephone status hearing is set for 4/30/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 12/18/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Spin Master's motion to reconsider [112] is denied. The Court did not deny the summary judgment motion because Spin Master failed to request an off-the-record conference. The Court's reference to its custom to hold an off-the-record conference was simply a notice that such a conference would now be required even though it wasn't when Spin Master inquired in July. And the case history Spin Master recounts in its motion does not change the fact that before Spin Master filed its summary judgment motion on 9/12/2024, it filed a proposed discovery schedule on 7/31/2024 providing that discovery would be open until 4/20/2025. Mailed notice. |
| 12/17/2024 | MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for reconsideration regarding order on motion for summary judgment, order on motion to stay, text entry, [111] 附件： 1:Exhibit |
| 12/17/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Spin Master has filed a motion for summary judgment and a motion to stay discovery. Discovery in this case does not close until 4/20/2025, which is a date Spin Master jointly proposed with Defendant. Spin Master filed its motion for summary judgment before Defendant served any discovery. Defendant responded to the summary judgment motion arguing that it should be able to seek discovery about: (1) the likelihood of confusion, relevant to the trademark claim; (2) fair use, relevant to the copyright claim; (3) the issue of willfulness; and (4) the extent of damages. After responding to the summary judgment motion, Defendant served discovery, which prompted Spin Master's motion to stay. Spin Master, of course, argues that the discovery sought by Defendant is unnecessary, and points out that Defendant maintains that it can defeat summary judgment even without discovery. If Defendant had made that argument after the close of discovery, it might be sufficient reason to deny further discovery. But Defendant has the right to rely on the scheduling order and seek discovery that might strengthen its opposition to summary judgment. Therefore, the motion to stay is denied [105], and the motion for summary judgment [83] is denied without prejudice as premature. Prior to filing another motion for summary judgment, Spin Master should review the Court's procedures for seeking summary judgment, particularly the Court's custom to hold an off-the-record conference with counsel prior to the filing of any motion. The hearing set for 12/20/2024 stands. Mailed notice. |
| 12/16/2024 | MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 12/17/2024 is reset for 12/20/2024 at 8:45 a.m. The dial-in information will be the same. Mailed notice. |
| 12/11/2024 | REPLY by Plaintiffs Spin Master Ltd., Spin Master, Inc. to motion to stay 105, response in opposition to motion 108 |
| 12/04/2024 | RESPONSE by SERONLINEin Opposition to MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. to stay Discovery 105 |
| 11/19/2024 | MINUTE entry before the Honorable Thomas M. Durkin: The Court enters the following agreed briefing schedule as to the motion to stay discovery 105 : Defendant SERONLINE's response is due by 12/4/2024; Plaintiffs' reply is due by 12/11/2024. Mailed notice. |
| 11/15/2024 | DECLARATION of Jennifer V. Nacht regarding motion to stay 105 |
| 11/15/2024 | MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. to stay Discovery |
| 11/15/2024 | RESPONSE by Plaintiffs Spin Master Ltd., Spin Master, Inc. to Rule 56 statement 97 |
| 11/15/2024 | REPLY by Plaintiffs Spin Master Ltd., Spin Master, Inc. to motion for summary judgment 83 |
| 10/22/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion to extend deadline 101 is granted. Plaintiff's deadline to file its reply in support of its motion for summary judgment 83 is extended to 11/15/2024. Mailed notice. |
| 10/22/2024 | MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. to Extend Deadline to File Reply to Plaintiffs' Motion for Summary Judgement 83 (Unopposed) |
| 10/18/2024 | DECLARATION of JEFFREY L. GRINDE JR. regarding Rule 56 statement 97 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:(Exhibit 5) |
| 10/18/2024 | DECLARATION of SHRUTI AGGARWAL regarding Rule 56 statement 97 |
| 10/18/2024 | DECLARATION of QIAN DING regarding Rule 56 statement 97 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:(Exhibit 5) |
| 10/18/2024 | RULE 56 LR 56.1(b)(2)-(3) Statement |
| 10/18/2024 | MEMORANDUM by Changzhou Guilai E-commerce Co., Ltd. in Opposition to motion for summary judgment 83 |
| 10/18/2024 | ATTORNEY Appearance for Defendant Changzhou Guilai E-commerce Co., Ltd. by Jeffrey Louis Grinde, Jr |
| 10/18/2024 | ATTORNEY Appearance for Defendant Changzhou Guilai E-commerce Co., Ltd. by Daniel I. Konieczny |
| 10/10/2024 | FULL SATISFACTION of Judgment regarding order 68 in the amount of $200,000 as to certain defendant |
| 10/02/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time 91 is granted. Defendant Seronline is to respond to Plaintiffs' Motion for Summary Judgement 83 by 10/18/2024. Plaintiffs are to file their reply in support by 11/1/2024. Mailed notice. |
| 10/01/2024 | MOTION by Defendant SERONLINE for extension of time to file response/reply as to motion for summary judgment[83] UNOPPOSED |
| 09/24/2024 | MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 12/10/2024 is reset for 12/17/2024 at 8:45 a.m. The dial-in information will be the same. Mailed notice. |
| 09/19/2024 | NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendant |
| 09/13/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Defendant SERONLINE is to respond to the motion for summary judgment, an award of Defendant's infringing profits, and an award of statutory damages 83 by 10/4/2024. Plaintiff is to reply by 10/18/2024. Mailed notice. |
| 09/12/2024 | DECLARATION of Jennifer V. Nacht regarding Rule 56 statement[85] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 |
| 09/12/2024 | DECLARATION of Susanne Teixeira regarding Rule 56 statement[85] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 7:Exhibit 7 8:Exhibit 8 9:Exhibit 9 10:Exhibit 10 |
| 09/12/2024 | RULE 56.1(a)(2) Statement by Spin Master Ltd., Spin Master, Inc. regarding motion for summary judgment[83] |
| 09/12/2024 | MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for summary judgment[83] |
| 09/12/2024 | MOTION by Plaintiffs Spin Master, Inc., Spin Master Ltd. for summary judgment an Award of Defendant's Infringing Profits, and an Award of Statutory Damages |
| 08/02/2024 | MINUTE entry before the Honorable Thomas M. Durkin: The Court is in receipt of the joint proposed scheduling order and enters the following schedule. Rule 26(a)(1) disclosures are due by 8/14/2024. First date by which to issue written discovery is 9/4/2024. Deadline to amend the pleadings is 1/30/2025. Close of fact discovery is 4/20/2025. The telephone status hearing set for 8/7/2024 at is reset for 12/10/2024 at 9:00 a.m. The dial-in information will be the same. Mailed notice. |
| 07/31/2024 | ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Jennifer Van Nacht |
| 07/31/2024 | REPORT of Rule 26(f) Planning Meeting by Spin Master Ltd., Spin Master, Inc. |
| 07/30/2024 | ATTORNEY Appearance for Defendant Zhuhai Dreamy Decorations Ltd. by Erin Kathryn Russell |
| 07/25/2024 | FULL SATISFACTION of Judgment regarding order[68] in the amount of $200,000 as to certain defendant |
| 07/17/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 7/17/2024. A scheduling order as to appearing defendants is due by 7/31/2024. A telephone status hearing is set for 8/7/2024 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 07/11/2024 | NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendant |
| 07/02/2024 | MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 7/18/2024 is reset for 7/17/2024 at 9:00 a.m. The dial in information will remain the same. Mailed notice. |
| 07/01/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 7/1/2024. A representative of Defendant Zhuhai Dreamy Decorations Ltd. was present with a translator. Huicheng Zhou's motion for leave to withdraw as counsel for Defendant Zhuhai Dreamy Decorations Ltd. [69] is granted without objection. Attorney Huicheng Zhou terminated. Defendant will be seeking new counsel. The telephone status hearing set for 7/17/2024 is vacated. A telephone status hearing as to all remaining defendants is set for 7/18/2024 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 06/30/2024 | ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Andrew Daniel Burnham |
| 06/28/2024 | FULL SATISFACTION of Judgment regarding order[68] in the amount of $200,000 as to certain defendant |
| 06/24/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Telephonic Motion Hearing as to the Motion for Leave to Withdraw [69] set for 7/1/2024 at 09:00 AM. Defendant is required to be present on the call. Counsel is to provide a translator if the defendant does not speak English. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 06/20/2024 | MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 6/24/2024 is vacated. The telephone status hearing set for 7/17/2024 at 9:00 a.m. stands. Mailed notice. |
| 06/17/2024 | MOTION by Movant Huicheng Zhou to withdraw as counsel 附件： 1:Appendix |
| 06/17/2024 | DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 6/17/2024. Mailed notice. |
| 06/17/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 6/17/2024. Defendant Shishi LvYu Plastic Products Co., ltd.'s unopposed motion for extension of time [65] is granted. Defendant is to respond to Plaintiff's Complaint by 7/5/2024. For the reasons stated on the record, the motion for entry of default and for default judgment [60] is granted. Enter order. A telephone status hearing is set for 7/17/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 06/16/2024 | ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Thomas Joseph Juettner |
| 06/13/2024 | MOTION by Defendant Shishi LvYu Plastic Products Co., Ltd. for extension of time UNOPPOSED |
| 06/13/2024 | ATTORNEY Appearance for Defendant Shishi LvYu Plastic Products Co., Ltd. by Adam Edward Urbanczyk |
| 06/10/2024 | MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for entry of default and for default judgment 60 is set for 6/17/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 06/10/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 61 附件： 1:(Exhibit 1) |
| 06/10/2024 | MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for entry of default, motion for default judgment, 60 附件： 1:(Exhibit 1) |
| 06/10/2024 | MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for default judgment as to all Defendants with the exception of certain Defendants 附件： 1:(Exhibit A) |
| 06/10/2024 | NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to a certain Defendant |
| 06/07/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time 57 is granted. Defendant Zhuhai Dreamy Decorations Ltd. is to respond to the Complaint by 7/26/2024. Mailed notice. |
| 06/07/2024 | MOTION by Defendant Zhuhai Dreamy Decorations Ltd. for extension of time |
| 06/06/2024 | MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 6/18/2024 is vacated. The telephone status hearing set for 6/24/2024 at 9:00 a.m. stands. Mailed notice. |
| 06/03/2024 | ANSWER to Complaint by Changzhou Guilai E-commerce Co., Ltd. |
| 06/02/2024 | ATTORNEY Appearance for Defendant Zhuhai Dreamy Decorations Ltd. by Huicheng Zhou |
| 05/30/2024 | NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants |
| 05/24/2024 | NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants |
| 05/23/2024 | PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 5/23/2024. Mailed notice. |
| 05/23/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 5/23/2024. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [42] is granted. Enter Preliminary Injunction Order. A telephone status hearing is set for 6/24/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 05/22/2024 | ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Kahlia Roe Halpern |
| 05/20/2024 | AGREED Asset Restraint Order as to Defendant No. 59. Signed by the Honorable Thomas M. Durkin on 5/20/2024. Mailed notice. |
| 05/20/2024 | MINUTE entry before the Honorable Thomas M. Durkin: Agreed motion for entry of an asset restraint order as to Defendant No. 59 [46] is granted. Enter order. Mailed notice. |
| 05/20/2024 | MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for Entry of an Asset Restraint Order as to Defendant No. 59 (Agreed) |
