Case details

Court: cacd
Docket #: 2:12-cv-06885
Case Name: L A Printex Industries Inc v. Brat Star Inc et al
PACER case #: 539594
Date filed: 2012-08-09
Date terminated: 2012-10-31
Assigned to: Judge Dale S. Fischer
Referred to: Magistrate Judge Patrick J. Walsh
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
L A Printex Industries Inc
Plaintiff
a California Corporation
Scott A Burroughs
Doniger Burroughs APC 603 Rose Avenue Venice, CA 90291 310-590-1820 Email: scott@donigerlawfirm.com
ATTORNEY TO BE NOTICED

Stephen M Doniger
Doniger Burroughs APC 603 Rose Avenue Venice, CA 90291 310-590-1820 Email: stephen@donigerlawfirm.com
ATTORNEY TO BE NOTICED

Brat Star Inc
Defendant
a New York Corporation
Samtex Fabrics Inc
Defendant
a California Corporation
Mark D Brutzkus
Brutzkus Gubner Rozansky Seror Weber LLP 21650 Oxnard Street Suite 500 Woodland Hills, CA 91367 818-827-9000 Fax: 818-827-9099 Email: mbrutzkus@brutzkusgubner.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey A Kobulnick
Brutzkus Gubner Rozansky Seror Weber LLP 21650 Oxnard Street Suite 500 Woodland Hills, CA 91367 818-827-9000 Fax: 818-827-9099 Email: jkobulnick@brutzkusgubner.com
ATTORNEY TO BE NOTICED

Debs Shops Inc
Defendant
a Pennsylvania Corporation
Tillys Inc
Defendant
a California Corporation
Crimson and Clover Inc
Defendant
a California Corporation
Jon M Leader
Leader Gorham LLP 1990 S Bundy Drive Suite 390 Los Angeles, CA 90025 310-696-3300 Email: jleader@llaw.la
ATTORNEY TO BE NOTICED

Delias Inc
Defendant
a New York Corporation
Heather Lynn McCloskey
McCloskey, Waring & Waisman LLP 1960 East Grand Ave., Suite 580 El Segundo, CA 90245 310-524-0402 Fax: 310-524-0404 Email: hlmccloskey@mwwllp.com
ATTORNEY TO BE NOTICED

Xiaoyi Yao
Sedgwick LLP 801 South Figueroa Street 19th Floor Los Angeles, CA 90017-5556 213-426-6900 Fax: 213-426-6921 Email: xiaoyi.yao@sedgwicklaw.com
ATTORNEY TO BE NOTICED

Robert F Helfing
Sedgwick LLP 801 South Figueroa Street 19th Floor Los Angeles, CA 90017-5556 213-426-6900 Fax: 213-426-6921 Email: robert.helfing@sedgwicklaw.com
ATTORNEY TO BE NOTICED

Pinkette Clothing Inc
Defendant
a California Corporation doing business asLush
Gabriel Colorado
Steven C Kim and Associates 3701 Wilshire Boulevard Suite1040 Los Angeles, CA 90010 213-365-7007 Fax: 213-365-7001 Email: gabriel.colorado@sbcglobal.net
ATTORNEY TO BE NOTICED

Steven C Kim
Steven C Kim and Associates 3701 Wilshire Boulevard Suite 1040 Los Angeles, CA 90010 213-365-7007 Fax: 213-365-7001 Email: stevenckim@sbcglobal.net
ATTORNEY TO BE NOTICED

Wet Seal Inc
Defendant
The a California Corporation
Marcy Jill Bergman
Bryan Cave LLP 560 Mission Street Suite 2500 San Francisco, CA 94105 415-675-3432 Fax: 415-675-3434 Email: marcy.bergman@bryancave.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert James Esposito
Bryan Cave LLP 560 Mission Street Suite 2500 San Francisco, CA 94105 415-675-3432 Fax: 415-675-3434 Email: robert.esposito@bryancave.com
ATTORNEY TO BE NOTICED

Francisco Apple Core Inc
Defendant
a California Corporation doing business as2 Apples
Mark A Finkelstein
Jones Day 3161 Michelson Drive Suite 800 Irvine, CA 92612-4408 949-851-3939 Fax: 949-553-7539 Email: mafinkelstein@jonesday.com
ATTORNEY TO BE NOTICED

Eric M Kennedy
Jones Day 3161 Michelson Drive Suite 800 Irvine, CA 92612 949-851-3939 Fax: 949-553-7539 Email: emk@paynefears.com
ATTORNEY TO BE NOTICED

Joyce Leslie Inc
Defendant
a New Jersey Corporation
Miss You Jeans Ltd
Defendant
a New York Limited Company
Scott Apparel Inc
Defendant
a California Corporation
Forever 21 Inc
Defendant
a California Corporation
Closet
Defendant
a Business Entity of Form Unknown
MSE Fabrics
Defendant
a Business Entity of Form of Unknown
Does
Defendant
1 through 10
Pinkette Clothing Inc
Cross Claimant
a California Corporation
Gabriel Colorado
(See above for address)
ATTORNEY TO BE NOTICED

Steven C Kim
(See above for address)
ATTORNEY TO BE NOTICED

ROES 1 through 20, INCLUSIVE
Cross Defendant
Samtex Fabrics Inc
Cross Defendant
a California Corporation
Mark D Brutzkus
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey A Kobulnick
(See above for address)
ATTORNEY TO BE NOTICED

Francisco Apple Core Inc
Cross Claimant
a California Corporation
Eric M Kennedy
(See above for address)
ATTORNEY TO BE NOTICED

Mark A Finkelstein
(See above for address)
ATTORNEY TO BE NOTICED

Roes
Cross Defendant
1 through 20, inclusive
Samtex Fabrics Inc
Cross Defendant
a California Corporation
Mark D Brutzkus
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffrey A Kobulnick
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-08-09 1 0 COMPLAINT against Defendants Brat Star Inc, Closet, Crimson and Clover Inc, Debs Shops Inc, Delias Inc, Does 1 through 10, Forever 21 Inc, Francisco Apple Core Inc, Joyce Leslie Inc, MSE Fabrics, Miss You Jeans Ltd, Pinkette Clothing Inc, Samtex Fabrics Inc, Scott Apparel Inc, Tillys Inc, Wet Seal Inc. Case assigned to Judge Dale S. Fischer for all further proceedings. Discovery referred to Magistrate Judge Patrick J. Walsh. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff L A Printex Industries Inc.(et) (mg). (Entered: 08/13/2012)
2012-08-09 2 0 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff L A Printex Industries Inc. (et) (mg). (Entered: 08/13/2012)
2012-08-09 3 0 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by L A Printex Industries Inc. (et) (Entered: 08/13/2012)
2012-08-09 4 0 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 08/13/2012)
2012-08-14 5 0 INITIAL STANDING ORDER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Courts website under Judge Fischers Procedures and Schedules contained in the Judges Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. (dp) (Entered: 08/14/2012)
2012-08-17 6 0 PROOF OF SERVICE Executed by Plaintiff L A Printex Industries Inc, upon Defendant Pinkette Clothing Inc served on 8/14/2012, answer due 9/4/2012. Service of the Summons and Complaint were executed upon STEVE C. KIM - AGENT FOR SERVICE OF PROCESS in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Doniger, Stephen) (Entered: 08/17/2012)
2012-08-20 7 0 PROOF OF SERVICE Executed by Plaintiff L A Printex Industries Inc, upon Defendant Crimson and Clover Inc served on 8/15/2012, answer due 9/5/2012. Service of the Summons and Complaint were executed upon JON LEDER - AGENT FOR SERVICE OF PROCESS in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Doniger, Stephen) (Entered: 08/20/2012)
2012-08-21 8 0 PROOF OF SERVICE Executed by Plaintiff L A Printex Industries Inc, upon Plaintiff Forever 21 Inc served on 8/16/2012, answer due 9/6/2012. Service of the Summons and Complaint were executed upon MEGAN BALSLEY - PERSON AUTHORIZED TO ACCEPT in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Doniger, Stephen) (Entered: 08/21/2012)
2012-08-21 9 0 PROOF OF SERVICE Executed by Plaintiff L A Printex Industries Inc, upon Defendant Tillys Inc served on 8/16/2012, answer due 9/6/2012. Service of the Summons and Complaint were executed upon MEGAN BALSLEY - PERSON AUTHORIZED TO ACCEPT in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Doniger, Stephen) (Entered: 08/21/2012)
2012-08-27 10 0 PROOF OF SERVICE Executed by Plaintiff L A Printex Industries Inc, upon Defendant Francisco Apple Core Inc served on 8/16/2012, answer due 9/6/2012. Service of the Summons and Complaint were executed upon MICHAEL IVAN SOLANO - PRESIDENT in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Doniger, Stephen) (Entered: 08/27/2012)
2012-08-27 11 0 First STIPULATION Extending Time to Answer the complaint as to Wet Seal Inc answer now due 9/26/2012, filed by Defendant Wet Seal Inc.(Esposito, Robert) (Entered: 08/27/2012)
2012-08-28 12 0 PROOF OF SERVICE Executed by Plaintiff L A Printex Industries Inc, upon Defendant Samtex Fabrics Inc served on 8/14/2012, answer due 9/4/2012. Service of the Summons and Complaint were executed upon MOJGAN RAHIMIAN - AGENT FOR SERVICE OF PROCESS in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Doniger, Stephen) (Entered: 08/28/2012)
2012-08-29 13 0 PROOF OF SERVICE Executed by Plaintiff L A Printex Industries Inc, upon Defendant Delias Inc served on 8/20/2012, answer due 9/10/2012. Service of the Summons and Complaint were executed upon KEVIN VOHNOUTKA - PERSON AUTHORIZED TO ACCEPT in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Doniger, Stephen) (Entered: 08/29/2012)
2012-08-29 14 0 First STIPULATION Extending Time to Answer the complaint as to Crimson and Clover Inc answer now due 9/25/2012, filed by defendant Crimson and Clover Inc.(Leader, Jon) (Entered: 08/29/2012)
2012-08-31 15 0 First STIPULATION Extending Time to Answer the complaint as to Francisco Apple Core Inc answer now due 9/25/2012, re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Francisco Apple Core Inc.(Kennedy, Eric) (Entered: 08/31/2012)
2012-09-04 16 0 PROOF OF SERVICE Executed by Plaintiff L A Printex Industries Inc, upon Defendant Closet served on 8/21/2012, answer due 9/11/2012. Service of the Summons and Complaint were executed upon JEONG MIN HAN - PRESIDENT/AUTHORIZED TO AGENT FOR SERVICE in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Doniger, Stephen) (Entered: 09/04/2012)
2012-09-04 17 0 First STIPULATION Extending Time to Answer the complaint as to Samtex Fabrics Inc answer now due 9/24/2012, re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Samtex Fabrics Inc.(Kobulnick, Jeffrey) (Entered: 09/04/2012)
2012-09-05 18 0 ** DOCUMENT STRICKEN ** ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 and Cross-Claim Against Samtex Fabrics, Inc. filed by Defendant/Cross-Claimant Pinkette Clothing Inc.(Colorado, Gabriel) Modified on 9/7/2012 (dp). (Entered: 09/05/2012)
2012-09-05 19 0 NOTICE of Interested Parties filed by Defendant Pinkette Clothing Inc, (Colorado, Gabriel) (Entered: 09/05/2012)
2012-09-05 20 0 PROOF OF SERVICE Executed by Plaintiff L A Printex Industries Inc, upon Defendant Joyce Leslie Inc served on 8/20/2012, answer due 9/10/2012. Service of the Summons and Complaint were executed upon MARA VELASCO - PERSON AUTHORIZED TO ACCEPT in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Doniger, Stephen) (Entered: 09/05/2012)
2012-09-07 21 0 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING DOCUMENT: The Answer and Cross-claim filed 9-5-12 as document 18 is stricken for failure to comply with Local Rule 3-2 which requires that a cross-claim which is considered to be an initiating document be manually filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dp) TEXT ONLY ENTRY (Entered: 09/07/2012)
2012-09-07 22 0 ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Trial counsel are ordered to appear in person unless counsel have obtained an order from the Court. Scheduling Conference set for 12/3/2012 11:00 AM before Judge Dale S. Fischer. (dp) (Entered: 09/07/2012)
2012-09-07 23 0 STIPULATION Extending Time to Answer the complaint as to Delias Inc answer now due 9/25/2012, re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Delias Inc.(Helfing, Robert) (Entered: 09/07/2012)
2012-09-07 24 0 ANSWER to Complaint - (Discovery), 1 with JURY DEMAND, CROSSCLAIM against Samtex Fabrics Inc, and ROES 1 through 20, INCLUSIVE filed by Defemdant/Cross-claim Pinkette Clothing Inc.(bp) (shb). (Additional attachment(s) added on 9/21/2012: # 1 Summons on Crossclaim) (shb). (Entered: 09/10/2012)
2012-09-11 25 0 PROOF OF SERVICE Executed by Plaintiff L A Printex Industries Inc, upon Defendant Debs Shops Inc served on 8/20/2012, answer due 9/10/2012. Service of the Summons and Complaint were executed upon MARK HOFFMAN - AGENT FOR SERVICE in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Doniger, Stephen) (Entered: 09/11/2012)
2012-09-18 26 0 PROOF OF SERVICE Executed by Plaintiff L A Printex Industries Inc, upon Plaintiff Closet served on 9/4/2012, answer due 9/25/2012. Service of the Summons and Complaint were executed upon KEVIN P. KISH - AUTHORIZED AGENT FOR SERVICE in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy. Original Summons NOT returned. (Doniger, Stephen) (Entered: 09/18/2012)
2012-09-21 27 0 Second STIPULATION Extending Time to Answer the complaint as to Samtex Fabrics Inc answer now due 10/15/2012, re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by DEFENDANT Samtex Fabrics Inc. (Attachments: # 1 Proposed Order re Second Stipulation to Extend Time to Respond to Initial Complaint)(Kobulnick, Jeffrey) (Entered: 09/21/2012)
2012-09-24 28 0 ORDER granting Second Stipulation Extending Time to Answer (30 days or less) 27 by Judge Dale S. Fischer. IT IS HEREBY ORDERED that the deadline for Defendants Brat Star, Inc., Samtex Fabrics, Inc., Debs Shops, Inc., Tillys, Inc., Crimson & Clover, Inc., Delias, Inc., The Wet Seal, Francisco Apple Core, Inc. d/b/a/ 2 Apples, Joyce Leslie, Inc., Miss You Jeans Ltd., Scott Apparel, Inc., Forever 21, Inc., Closet, and MSE Fabrics to respond to the Complaint in the above matter is hereby extended to and including October 15, 2012. (shb) (Entered: 09/25/2012)
2012-10-01 29 0 DEFENDANT/CROSS-DEFENDANT SAMTEX FABRICS, INC.S ANSWER TO CROSS-CLAIM ANSWER to Answer to Complaint (Discovery), Crossclaim, Answer to Complaint (Discovery), 24 filed by DEFENDANT/CROSS-DEFENDANT Samtex Fabrics Inc.(Kobulnick, Jeffrey) (Entered: 10/01/2012)
2012-10-01 30 0 NOTICE of Interested Parties filed by DEFENDANT Samtex Fabrics Inc, identifying L.A. PRINTEX INDUSTRIES, INC.; BRAT STAR, INC.; SAMTEX FABRICS, INC.; DEBS SHOPS, INC.; TILLYS, INC.; CRIMSON & CLOVER, INC.; DELIAS, INC.; PINKETTE CLOTHING INC. d/b/a Lush; THE WET SEAL, INC.; FRANCISCO APPLE CORE, INC. d/b/a/ 2 APPLES; JOYCE LESLIE, INC.; MISS YOU JEANS LTD.; SCOTT APPAREL, INC.; FOREVER 21, INC.; CLOSET; MSE FABRICS. (Kobulnick, Jeffrey) (Entered: 10/01/2012)
2012-10-01 31 0 CORPORATE DISCLOSURE STATEMENT filed by Cross Defendant Samtex Fabrics Inc, Defendant Samtex Fabrics Inc (Kobulnick, Jeffrey) (Entered: 10/01/2012)
2012-10-10 32 0 The Wet Seal, Inc.'s NOTICE of Interested Parties filed by Defendant Wet Seal Inc, (Esposito, Robert) (Entered: 10/10/2012)
2012-10-12 33 0 Third STIPULATION for Extension of Time to File Answer to 10/29/2012 re Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by DEFENDANT Samtex Fabrics Inc. (Attachments: # 1 Proposed Order Re Third Stipulation To Extend Time To Respond To Initial Complaint (L.R. 8-3))(Kobulnick, Jeffrey) (Entered: 10/12/2012)
2012-10-15 34 0 ORDER by Judge Dale S. Fischer, re granting Third Stipulation to Extend Time to Answer (More than 30 days) 33 . (rne) (Entered: 10/16/2012)
2012-10-29 35 0 NOTICE of Settlement filed by Plaintiff L A Printex Industries Inc. (Burroughs, Scott) (Entered: 10/29/2012)
2012-10-29 36 0 ANSWER to Complaint - (Discovery) 1 and CROSSCLAIM against Samtex Fabrics Inc, Roes 1 through 20 filed by Cross-claimant Francisco Apple Core Inc.(ir) (Entered: 10/30/2012)
2012-10-29 37 0 NOTICE of Interested Parties filed by Defendant/Crossr-defendant Francisco Apple Core Inc, (bp) (Entered: 10/30/2012)
2012-10-29 38 0 DISCLOSURE Statement filed by Cross Claimant Francisco Apple Core Inc, Defendant Francisco Apple Core Inc (bp) (Entered: 10/30/2012)
2012-10-31 39 0 TEXT ONLY ENTRY: (IN CHAMBERS): ORDER DISMISSING CASE DUE TO SETTLEMENT by Judge Dale S. Fischer. The Court has been advised by counsel that this action has been settled. Accordingly, it is ordered that the action is dismissed without prejudice. The Court retains jurisdiction for 45 days to vacate this Order and to reopen the action on a showing of good cause that the settlement has not been completed and further proceedings are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dp) TEXT ONLY ENTRY (Entered: 10/31/2012)
2012-12-14 40 0 First REQUEST to Reopen Case to Consummate Settlement filed by Plaintiff L A Printex Industries Inc. (Burroughs, Scott) (Entered: 12/14/2012)
2012-12-17 41 0 MEMORANDUM: (In Chambers) Order Granting Plaintiff's Request to ContinueJurisdiction 40 : Plaintiff's request to continue jurisdiction of this matter for an additional forty-five days to complete settlement is granted. If counsel is unable to obtain a completed settlement agreement, counsel shall advise the Court and the matter will be set for a scheduling conference for trial by Judge Dale S. Fischer. (ir) (Entered: 12/18/2012)
2012-12-18 42 0 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: # 1 SETTLEMENT) (shb) (Entered: 12/18/2012)
2013-01-31 43 0 [DOCUMENT WITHDRAWN ] - Request filed by Plaintiff L A Printex Industries Inc for an additional 10 days to finalize settlement (Burroughs, Scott) Modified on 2/4/2013 (shb). (Entered: 01/31/2013)
2013-02-01 44 0 Notice of Withdrawal of Miscellaneous Document 43 filed by Plaintiff L A Printex Industries Inc. (Burroughs, Scott) (Entered: 02/01/2013)
2013-02-01 45 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 43 . The following error(s) was found: Incorrect event selected. The correct event is: Civil Events: Motions & Related Filings - Request - Reopen Case. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) (Entered: 02/01/2013)