Case details

Court: cacd
Docket #: 8:05-cv-00950
Case Name: Bistango-Irvine Inc v. Tito Rivera et al
PACER case #: 178526
Date filed: 2005-09-30
Date terminated: 2007-01-04
Assigned to: Judge Cormac J. Carney
Referred to: Magistrate Judge Robert N. Block
Case Cause: 15:1125 Trademark Infringement (Lanham Act)
Nature of Suit: 840 Trademark
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Bistango-Irvine Inc
Plaintiff
a California corporation
Chad Justin Levy
Disney ABC Cable Networks Group 500 South Buena Vista Street Burbank, CA 91521-6076 818-569-7595 Email: chadlevy@yahoo.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kent R Raygor
Sheppard Mullin Richter and Hampton 1901 Avenue of the Stars Suite 1600 Los Angeles, CA 90067 310-228-3700 Fax: 310-228-3701 Email: kraygor@sheppardmullin.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tito Rivera
Defendant
an individual doing business asBistango Cafe, an unregistered California business entity
Aaron P Rudin
Gordon and Rees 633 West 5th Street Ste 4900 Los Angeles, CA 90071 213-576-5000 Fax: 213-680-4470 Email: arudin@gordonrees.com
TERMINATED: 11/30/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F Stephens
SedgwickLLP 801 South Figueroa Street 19th Floor Los Angeles, CA 90017-5556 213-426-6900 Fax: 213-426-6921 Email: john.stephens@sedgwicklaw.com
TERMINATED: 11/30/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Monica Cruz Thornton
Selman Breitman LLP 11766 Wilshire Boulevard, 6th Floor Los Angeles, CA 90025-6538 310-445-0800 Fax: 310-473-2525 Email: mthornton@selmanbreitman.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maria Rivera
Defendant
an individual doing business asBistango Cafe, an unregistered California business entity
Aaron P Rudin
(See above for address)
TERMINATED: 11/30/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F Stephens
(See above for address)
TERMINATED: 11/30/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Monica Cruz Thornton
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2005-09-30 1 0 COMPLAINT against Defendants Tito Rivera, Maria Rivera. (Filing fee $ 250) Jury Demand; filed by Plaintiff Bistango-Irvine Inc; no summons issued;(ln, ) (Entered: 10/03/2005)
2005-09-30 2 0 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Bistango-Irvine Inc. (ln, ) (Entered: 10/03/2005)
2005-10-03 3 0 AMENDED DOCUMENT filed by Plaintiff Bistango-Irvine Inc. Amendment to Certificate of Interested Parties 2 (ln, ) (Entered: 10/03/2005)
2005-10-24 4 0 STIPULATION Extending Time to Answer the complaint. Tito Rivera answer due 11/14/2005; Maria Rivera both dba Bistango Cafe answer due 11/14/2005. filed by defendants Tito Rivera; Maria Rivera. (twdb, ) (Entered: 10/25/2005)
2005-11-03 5 0 NOTICE OF INTENT TO SCHEDULE THE CASE AND ORDER by Judge Cormac J. Carney. TO ALL COUNSEL OF RECORD, notice is hereby given that on 1/3/06, the Court will issue a scheduling Order pursuant to Federal Rule of Civil Procedure 16(b) establishing dates for the completion of discovery, the filing of motions, pretrial conference, and trial in the above entitled case.(twdb, ) (Entered: 11/03/2005)
2005-11-14 6 0 NOTICE of Interested Parties filed by Defendants Tito Rivera, Maria Rivera. (twdb, ) (Entered: 11/15/2005)
2005-11-14 7 0 ANSWER to Complaint - (Discovery) 1 filed by defendants Tito Rivera, Maria Rivera dba Bistango Cafe.(twdb, ) (Entered: 11/21/2005)
2005-11-30 8 0 Substitution of Attorney filed. Substituting attorney Monica Cruz Thornton for Tito Rivera in place and stead of attorney Aaron P Rudin and John F Stephens by Judge Cormac J. Carney.(twdb, ) (Entered: 12/02/2005)
2005-11-30 9 0 Substitution of Attorney filed. Substituting attorney Monica Cruz Thornton for Maria Rivera in place and stead of attorney Aaron P Rudin and John F Stephens by Judge Cormac J. Carney.(twdb, ) (Entered: 12/02/2005)
2005-11-30 10 0 Substitution of Attorney filed. Substituting attorney Monica Cruz Thornton for Maria Rivera in place and stead of Sedwick, Detert, Moran and Arnold by Judge Cormac J. Carney.(twdb, ) (Entered: 12/02/2005)
2005-11-30 11 0 Substitution of Attorney filed. Substituting attorney Monica Cruz Thornton for Tito Rivera dba Bistango Cafe in place and stead of Sedwick, Detert, Moran and Arnold by Judge Cormac J. Carney.(twdb, ) (Entered: 12/02/2005)
2005-12-22 12 0 JOINT REPORT of Early Meeting of Counsel Pursuant to FRCP 26(f) filed; estimated length of trial 5 days. (ln, ) (Entered: 12/23/2005)
2005-12-27 13 0 INITIAL DISCLOSURES filed by Defendants Tito Rivera, Maria Rivera (ln, ) (Entered: 12/27/2005)
2006-01-18 14 0 SCHEDULING ORDER by Judge Cormac J. Carney : Discovery cut-off 9/18/2006. Motions due by 10/18/2006. Trial set for 12/26/2006 09:00 AM. Pretrial Conference set for 12/18/2006 03:30 AM. Full compliance with Local Rule 16 is required.(twdb, ) (Entered: 01/19/2006)
2006-01-18 15 0 ORDER REGARDING SETTLEMENT PROCEDURES, PRE-TRIAL CONFERENCE AND TRIAL by Judge Cormac J. Carney. Counsel are advised that if any inconsistencies exist between the submission and lodging dates provided in this Order and the Local Rules, the dates in this Order will govern and supercede the Local Rules. (See document for further details.) (kks ) (Entered: 01/19/2006)
2006-01-25 16 0 SUPPLEMENTAL INITIAL DISCLOSURE filed by Defendants Tito Rivera, Maria Rivera (dmjr, ) (Entered: 01/26/2006)
2006-05-09 17 0 MINUTES OF IN CHAMBERS ORDER held before Judge Robert N. Block : parties advised that court declines to issue the proposed stipulated protective order. Deficiencies need to be corrected [see document for details]Court Recorder: none. (dmjr, ) (Entered: 05/10/2006)
2006-06-14 18 0 STIPULATION AND ORDER by Judge Cormac J. Carney :, Set Hearings: Bench Trial reset for 2/6/2007 09:00 AM before Judge Cormac J. Carney. Pretrial Conference reset for 1/29/2007 03:30 PM before Judge Cormac J. Carney.(dmjr, ) (Entered: 06/15/2006)
2006-06-13 19 0 DECLARATION of J A Clingo re Stipulation and Order 18 filed by Defendants Tito Rivera, Maria Rivera. (dmjr, ) (Entered: 06/19/2006)
2006-06-29 20 0 NOTICE of continuance of trial date filed by defendants Tito Rivera, Maria Rivera. (dmjr, ) (Entered: 07/07/2006)
2006-08-14 21 0 STIPULATION AND ORDER by Judge Cormac J. Carney :, Set Deadlines: Discovery and discovery motion cut-off 10/30/2006. Motions cut-off 12/4/2006.(dmjr, ) (Entered: 08/14/2006)
2006-10-12 22 0 STIPULATION AND ORDER by Judge Cormac J. Carney: Pursuant to the stipulation of the parties, the Court orders that the discovery and discovery motion deadline of 10/30/06 be continued to 11/21/2006. IT IS SO ORDERED.(rla, ) (Entered: 10/16/2006)
2006-10-10 23 0 EX PARTE APPLICATION for (1) a one-day extension of the deadline for plaintiff's motion to compel the production of documents to be heard; and (2) Memorandum of Points and Authorities filed by plaintiff Bistango-Irvine Inc. Lodged order. (esa, ) (Entered: 10/17/2006)
2006-10-13 24 0 MINUTES OF (IN CHAMBERS ORDER) by Judge Robert N. Block: The parties are advised that, unless they are able to completely resolve beforehand their discovery dispute (including plaintiffs request for sanctions pursuant to Rule 37(a)(4), plaintiffs Motion will be heard on 10/31/2006 at 09:30 AM in Courtroom 6D. The Court will extend the filing deadline for the parties supplemental memoranda (if any) to 10/21/06. The parties are reminded that, in accordance with the Central Districts filing location policy (per the Notice from the Clerk dated 01/24/02), their supplemental memoranda should be filed in Santa Ana and conformed courtesy copies thereof should be delivered directly to Judge Blocks chambers. (See minute order for further details.) Court Reporter: n/a. (rla, ) (Entered: 10/17/2006)
2006-10-11 25 0 DECLARATION of Jennifer A Clingo in Support of Continuance of the Discovery and Discovery Motion Cutoff filed by Defendants Tito Rivera, Maria Rivera. (ln, ) (Entered: 10/17/2006)
2006-10-06 26 0 DECLARATIONS of Chad J Levy and Erica S Alterwitz in support of EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/31/2006 23 filed by plaintiff Bistango-Irvine Inc. (esa, ) (Entered: 10/18/2006)
2006-10-10 27 0 NOTICE OF MOTION to compel the production of documents filed by plaintiff Bistango-Irvine Inc. Lodged order. (esa, ) (Entered: 10/18/2006)
2006-10-10 28 0 JOINT STIPULATION re Motion to compel the production of documents filed by plaintiff and defendants (esa, ) (Entered: 10/18/2006)
2006-10-10 29 0 DECLARATION of Chad J Levy in support of MOTION to compel production of documents 27 filed by plaintiff Bistango-Irvine Inc. (esa, ) (Entered: 10/18/2006)
2006-10-13 30 0 Notice of Conditional Withdrawal of EX PARTE APPLICATION for a one-day extension of the deadline for plaintiff's motion to compel the production of documents to be heard filed by plaintiff Bistango-Irvine Inc. (esa, ) (Entered: 10/19/2006)
2006-10-23 31 0 MEMORANDUM in Support of MOTION to Compel 27 filed by plaintiff. (dmjr, ) (Entered: 10/30/2006)
2006-10-26 32 0 REPLY to response to MOTION to Compel 27 filed by defendants Tito Rivera, Maria Rivera. (dmjr, ) (Entered: 10/31/2006)
2006-10-30 33 0 SUPPLEMENTAL DECLARATION of Jennifer A Clingo regarding plaintiff's MOTION to Compel 27 filed by defendants Tito Rivera, Maria Rivera. (esa, ) (Entered: 10/31/2006)
2006-10-31 34 0 MINUTES OF Motion Hearing held before Judge Robert N. Block :, granting MOTION to Compel 27 [see document for details] Court orders defendant to pay plaintiff $3,350 which court finds to be plaintiffs reasonable expenses incurred in making this motion, within 10 days of this rulingTape #: SA06-49. (dmjr, ) (Entered: 11/01/2006)
2007-01-04 35 0 STIPULATION AND ORDER by Judge Cormac J. Carney: DISMISSAL OF ENTIRE Action with Prejudice as to all parties, pursuant to FRCP 41(a)(1)(ii); and Order Thereon. (Made JS-6. Case Terminated.)(rla, ) (Entered: 01/10/2007)
2007-01-04 36 0 STIPULATION AND ORDER by Judge Cormac J. Carney: PERMANENT INJUNCTION: 1) Except as otherwise provided herein, Tito Rivera, Maria Rivera, and Bistango Cafe, and their officers, agents, servants, and employees, and all persons in active concert of participation with them who receive actual notice of this STIPULATED PERMANENT INJUNCTION by personal service or otherwise (hereinafter the ENJOINED PARTIES) are permanently enjoined as follows: (See document for further details.) 3) The rights and benefits of this STIPULATED PERMANENT INJUNCTION shall extend to and be enforceable by Bistangos successors and assigns. 4) This STIPULATED PERMANENT INJUNCTION survives the entry of a dismissal in this action, a stipulation for which the parties are simultaneously submitting to this Court. This Court shall retain jurisdiction over the parties to enforce the terms of this STIPULATED PERMANENET INJUNCTION and the SETTLEMENT AGREEMENT executed by the parties contemporaneously herewith. IT IS SO ORDERED.(rla, ) (Entered: 01/10/2007)
2005-10-04 37 0 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (ade) (Entered: 01/09/2008)