Case details

Court: cacd
Docket #: 2:09-cv-04560
Case Name: Mirabella Beauty Products, LLC v. E.L.I. Trading, Inc. et al
PACER case #: 447628
Date filed: 2009-06-24
Date terminated: 2010-05-07
Date of last filing: 2010-05-24

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-06-24 1 0 Complaint - (Discovery) COMPLAINT against Defendants E.L.I. Trading, Inc., Eli Frenkel, Does 1-10. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Mirabella Beauty Products, LLC. (et) (Additional attachment(s) added on 6/29/2009: # (1) COMPLAINT PART 2) (lra).
2009-06-24 2 0 Certificate/Notice of Interested Parties CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Mirabella Beauty Products, LLC. (et) (lra).
2009-06-24 3 0 Notice to Parties of Court-Directed ADR Program (ADR-8) NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et)
2009-06-24 4 0 Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Mirabella Beauty Products, LLC. (et)
2009-07-15 5 0 Stipulation Extending Time to Answer (30 days or less) FIRST STIPULATION Extending Time to Answer the complaint as to E.L.I. Trading, Inc. answer now due 8/5/2009; Eli Frenkel answer now due 8/5/2009, filed by defendant E.L.I. Trading, Inc.; Eli Frenkel.(Shem-Tov, Shalem)
2009-08-03 6 0 Amended Document (Non-Motion) AMENDED DOCUMENT filed by Plaintiff Mirabella Beauty Products, LLC. First Amended Complaint For Injunctive Relief and For Damages for: (1)False and Misleading Designations and Representations (15 U.S.C.Sec.1125(a)); (2)Common Law Trademark Infringement; (3)Common Law Negligence; (4)Civil Conspiracy.Demand for Jury Trial (Nulud, Philip)
2009-08-05 7 0 Notice of Deficiency in Electronically Filed Documents (G-112) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Pursuant to General Order 08-02, initiating documents (including amended complaints) should be manually filed and a conformed, filed stamped copy should be emailed in PDF format to the CivilIntakeCourtDocs-LA@cacd.uscourts.gov RE: First Amended Complaint filed 8/3/2009 [6]. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (gk)
2009-08-06 8 0 Amended Complaint FIRST AMENDED COMPLAINT against Defendants E.L.I. Trading, Inc. d/b/a Mica Bella Cosmetics d/b/a Mica Cosmetics, Eli Frenkel, and Does 1-10; amending Complaint [1]; with Jury Demand filed by Plaintiff Mirabella Beauty Products, LLC. (gk) 2012-03-10 16:03:21 d95b323510f9a5559766022b95f8bd3bf119a356
2009-08-25 9 0 Motion to Strike NOTICE OF MOTION AND MOTION to Strike Portions of First Amended Complaint relating to Fraud and Punitive Damages Allegations Amended Complaint[8] with Proof of Service filed by defendants E.L.I. Trading, Inc., Eli Frenkel. Motion set for hearing on 10/6/2009 at 09:00 AM before Judge Ronald S.W. Lew. (Shem-Tov, Shalem)
2009-08-25 10 0 Motion to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss Case with Proof of Service filed by defendants E.L.I. Trading, Inc., Eli Frenkel. Motion set for hearing on 10/6/2009 at 09:00 AM before Judge Ronald S.W. Lew. (Shem-Tov, Shalem)
2009-08-25 11 0 Certificate/Notice of Interested Parties Certification and Notice of Interested Parties filed by defendants E.L.I. Trading, Inc., Eli Frenkel, identifying Noami Paz and Yosi Mamo. (Shem-Tov, Shalem)
2009-08-25 12 0 Request for Judicial Notice REQUEST FOR JUDICIAL NOTICE re MOTION to Strike Portions of First Amended Complaint relating to Fraud and Punitive Damages Allegations Amended Complaint[8] with Proof of Service MOTION to Strike Portions of First Amended Complaint relating to Fraud and Punitive Damages Allegations Amended Complaint[8] with Proof of Service[9], MOTION to Dismiss Case with Proof of Service[10] with Proof of Service filed by defendants E.L.I. Trading, Inc., Eli Frenkel. (Shem-Tov, Shalem)
2009-09-22 13 0 Objection/Opposition (Motion related) OPPOSITION Opposition re: MOTION to Dismiss Case with Proof of Service[10] filed by Plaintiff Mirabella Beauty Products, LLC. (Nulud, Philip)
2009-09-22 14 0 Objection/Opposition (Motion related) OPPOSITION Opposition re: MOTION to Strike Portions of First Amended Complaint relating to Fraud and Punitive Damages Allegations Amended Complaint[8] with Proof of Service MOTION to Strike Portions of First Amended Complaint relating to Fraud and Punitive Damages Allegations Amended Complaint[8] with Proof of Service[9] filed by Plaintiff Mirabella Beauty Products, LLC. (Nulud, Philip)
2009-09-30 15 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTES (IN CHAMBERS) by Judge Ronald S.W. Lew: re: On the Court's own motion, Defendants' Motion to Strike Fraud and Punitive Damages Allegations [9], and Defendants' Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP 12(b)(6) Or, In the Alternative, For a More Definite Statement Pursuant to FRCP 12(e) [10] are continued to 10/6/2009 at 10:00 AM before Judge Ronald S.W. Lew. Counsel are ordered to appear at this new time. Court Reporter: None Present. (gk)
2009-10-06 16 0 Order on Motion to Strike MINUTES of MOTIONS. Court DENIES Defendants' Motion to Strike Fraud and Punitive Damages Allegations [9]. Court DENIES Defendants' Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to FRCP 12(b)(6) Or, In the Alternative, For a More Definite Statement Pursuant to FRCP 12(e)[10]. Court GRANTS Defendant's Request for Judicial Notice [12]. Court will prepare an order according to its rulings on Defendant's motions. Court Reporter: Katherine Stride. (kpa)
2009-10-13 17 0 Answer to Complaint (Discovery) ANSWER to Amended Complaint[8] with JURY DEMAND with Proof of Service filed by defendants E.L.I. Trading, Inc., Eli Frenkel.(Shem-Tov, Shalem)
2009-10-09 18 0 Order ORDER Re Defendants' Motion to Strike and Motion to Dismiss by Judge Ronald S.W. Lew: The Court GRANTS Defendants Request for Judicial Notice as to the Mica Bella Cosmetics Trademark. As to Defendants Motion to Dismiss Plaintiffs First Amended Complaint [10], the Court DENIES the Motion asto all four causes of action. Complaint contains sufficient allegations to make out all four claims that are plausible on their face. The Court further finds it unnecessary at present to require a more definite statement as requested by Defendants. The Court DENIES Defendant's Motion to Strike Fraud and Punitive Damages Allegations [9]. Plaintiff properly seeks a prayer for relief of exemplary damages under California Civil Code Section 3294. The Court finds that Rule 9 (b) does not apply to a claim for willful trademark infringement; instead is applicable to allegations of fraud or mistake. (jre)
2009-10-22 19 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTE ORDER (In Chambers) by Senior, U.S. District Court Judge Ronald S.W. Lew. Scheduling Conference set for 12/15/2009 10:00 a.m. (pp)
2009-12-08 20 0 Report JOINT SCHEDULING REPORT REPORT of JOINT SCHEDULING CONFERENCE filed by Plaintiff Mirabella Beauty Products, LLC, Defendants E.L.I. Trading, Inc., Eli Frenkel. (Nulud, Philip)
2009-12-10 21 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTE ORDER (In Chambers) by Senior, U.S. District Court Judge Ronald S.W. Lew. On the Courts own motion, the Scheduling Conference set for DECEMBER 15, 2009 is taken off calendar and is UNDER SUBMISSION. No appearances are necessary on this date. The Courts Order will issue. (pp)
2009-12-26 22 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTES OF IN CHAMBERS ORDER by Judge Ronald S.W. Lew: The Scheduling Conference having previously been taken UNDER SUBMISSION, the Court sets thefollowing dates: Discovery cut-off 9/1/2010; Expert Discovery cut-off 9/1/2010; Motion filing cut-off 9/15/2010; Final Pretrial Conference set for 11/02/2010, at 10:00 AM; Jury Trial set for 1/11/2011 at 9:00 AM. See order for further details and information regarding trial preparation. The Court signs form ADR 12 - Order/Referral to ADR Pilot Program. (jre)
2009-12-26 23 0 Order/Referral to ADR (No 1) (Judge) (ADR-12) ORDER/REFERRAL TO ADR PILOT PROGRAM by Judge Ronald S.W. Lew: Case ordered to Attorney Settlement Officer Panel for a Local Rule 16-15 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference. See order for details. (jre)
2010-01-28 24 0 Notice of Assignment of Panel Mediator(ADR-11) NOTICE OF ASSIGNMENT of Attorney Settlement Officer. Shula Roth-Barash has been assigned to serve as Attorney Settlement Officer. (mb)
2010-03-03 25 0 Stipulation for Protective Order STIPULATION for Protective Order filed by plaintiff Mirabella Beauty Products, LLC. (Attachments: # (1) Proposed Order)(Dugger, Christopher)
2010-03-10 26 0 Notice of Association of Counsel NOTICE of Association of Counsel associating attorney William C. Conkle on behalf of Defendants E.L.I. Trading, Inc., Eli Frenkel. Filed by Defendants E.L.I. Trading, Inc., Eli Frenkel (Conkle, William)
2010-03-18 27 0 Minutes of In Chambers Order/Directive - no proceeding held MINUTES OF RE STIPULATED PROTECTIVE ORDER held before Magistrate Judge Alicia G. Rosenberg: On March 3, 2010, the parties filed a stipulation for a protective order. (Dkt. No. 25.) The stipulation is denied for the following reasons. See attached order for further details. (es)
2010-05-04 28 0 Stipulation to Dismiss Case STIPULATION to Dismiss Case pursuant to Stipulation - FRCP 41(a)(1)(ii) and 65(d) filed by plaintiff Mirabella Beauty Products, LLC. (Attachments: # (1) Proposed Order Proposed Order and Permanent Injunction)(Dugger, Christopher)
2010-05-07 29 0 Permanent Injunction ORDER GRANTING Stipulation [28] for Dismissal and Permanent Injunction by Judge Ronald S.W. Lew. It is hereby ORDERED that all all claims currently pending before this Court, is DISMISSED WITH PREJUDICE. It is further ORDERED that Defendants E.L.I. Trading, Inc. and Eli Frenkeland their agents, servants, employees, and attorneys, assigns and all persons in active concert with or participation with them who receive actual notice of this injunction are PERMANENTLY ENJOINED AND RESTRAINED in the United States. Nothing in this Order and injunction enjoins or restrains defendants from using the term MICABEAUTY in the United States or the term MICABELLA outside of the United States. This Court retains jurisdiction over this permanent injunction and any claims arising from it. (Refer to attached document for details.) (MD JS-6. Case Terminated) (lom)
2010-05-10 30 0 Report of Determination of Patent/Trademark Action (CLOSE) (AO 120) REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (lom) (Additional attachment(s) added on 5/10/2010: # (1) Order) (lom). Modified on 5/10/2010 (lom). (Mailed copies to Trademark Office, Order inadvertently did not attach.)
2010-05-24 31 0 Mediation Report (ADR-3) Completely Settled ATTORNEY SETTLEMENT OFFICER PROCEEDING REPORT Filed by Attorney Settlement Officer Attorney Settlement Officer: and the case has been completely settled. Immediately after the conclusion of the settlement proceeding, the attorney settlement officer advised the parties to notify the trial judges deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case. (Attachments: # (1) Proof of Service)(Roth-Barash, Shula)