Case details

Court: cacd
Docket #: 2:15-cv-07980
Case Name: DC Comics v. Mad Engine, Inc.
PACER case #: 630173
Date filed: 2015-10-09
Date terminated: 2016-03-10
Assigned to: Judge Dale S. Fischer
Referred to: Magistrate Judge Jean P. Rosenbluth
Case Cause: 15:1114 Trademark Infringement
Nature of Suit: 840 Trademark
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
DC Comics
Counter Claimant
Emily Sarah Weiss
(See above for address)
ATTORNEY TO BE NOTICED

James D Weinberger
(See above for address)
ATTORNEY TO BE NOTICED

Michael Dietz Roth
(See above for address)
ATTORNEY TO BE NOTICED

Mad Engine, Inc.
Counter Defendant
Kirk M Hallam
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas J Hoffman
(See above for address)
ATTORNEY TO BE NOTICED

Warner Bros. Enterainment, Inc.
Counter Claimant
Michael Dietz Roth
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-10-09 1 0 COMPLAINT Receipt No: 0973-16598899 - Fee: $400, filed by Plaintiff DC Comics. (Attachments: # 1 Exhibit 1) (Attorney Michael Dietz Roth added to party DC Comics(pty:pla))(Roth, Michael) (Entered: 10/09/2015) 2015-12-17 10:21:56 e3a603998d8fb9f3f680cca736c28692e38a41e2
2015-10-09 2 0 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff DC Comics. (Roth, Michael) (Entered: 10/09/2015) 2015-10-12 16:09:59 9a90680322634efd73f32beb19717624a019daeb
2015-10-09 3 0 CIVIL COVER SHEET filed by Plaintiff DC Comics. (Roth, Michael) (Entered: 10/09/2015)
2015-10-09 4 0 NOTICE of Interested Parties filed by Plaintiff DC Comics, identifying DC Comics; EC Publications, Inc.; Warner Communications Inc.; Time Warner Inc.. (Roth, Michael) (Entered: 10/09/2015)
2015-10-09 5 0 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by DC Comics. (Roth, Michael) (Entered: 10/09/2015)
2015-10-13 6 0 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Jean P. Rosenbluth. (et) (Entered: 10/13/2015)
2015-10-13 7 0 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 10/13/2015)
2015-10-13 8 0 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Mad Engine, Inc. (et) (Entered: 10/13/2015)
2015-10-13 9 0 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney James D Weinberger for Plaintiff DC Comics. re Complaint (Attorney Civil Case Opening) 1 . Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) (Entered: 10/13/2015)
2015-10-13 10 0 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Emily Sarah Weiss for Plaintiff DC Comics. re Complaint (Attorney Civil Case Opening) 1 . Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) (Entered: 10/13/2015)
2015-10-13 11 0 TEXT ONLY ENTRY by chambers of Judge John F. Walter. If not yet provided, courtesy copies of all case opening documents shall be delivered to chambers by 10:30 a.m. on October 15, 2015. (Refer to Court's Standing Order and Local Rule 5-4.5) Failure to comply may result in an Order to Show Cause re Dismissal and/or Sanctions for Failure to Comply with Rules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY (Entered: 10/13/2015)
2015-10-13 12 0 STANDING ORDER by Judge John F. Walter. This action has been assigned to the calendar of Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (jp) (Entered: 10/13/2015)
2015-10-15 13 0 NOTICE of Related Case(s) filed by Plaintiff DC Comics. Related Case(s): 2:15-cv-05492-DDP (JPRx) (Roth, Michael) (Entered: 10/15/2015)
2015-10-15 14 0 APPLICATION for attorney James D. Weinberger to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16623590 paid.) filed by Plaintiff DC Comics. (Attachments: # 1 Proposed Order) (Roth, Michael) (Entered: 10/15/2015)
2015-10-15 15 0 APPLICATION for attorney Emily Weiss to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16623761 paid.) filed by Plaintiff DC Comics. (Attachments: # 1 Proposed Order) (Roth, Michael) (Entered: 10/15/2015)
2015-10-16 16 0 ORDER TO REASSIGN CASE Pursuant General Order 14-03 (identical case) by Judge Virginia A. Phillips, Case Management and Assignment Committee Chair. Case transferred to the calendar of Judge Dean D. Pregerson for all further proceedings. Case number now reads as CV15-07980 DDP (JPRx). (mg) (Entered: 10/16/2015)
2015-10-16 17 0 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Dean D. Pregerson: granting 14 APPLICATION to Appear Pro Hac Vice by Attorney James D. Weinberger on behalf of Plaintiff, designating Michael D. Roth as local counsel. (lt) (Entered: 10/16/2015)
2015-10-16 18 0 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Dean D. Pregerson: granting 15 APPLICATION to Appear Pro Hac Vice by Attorney Emily Weiss on behalf of Plaintiff, designating Michael D. Roth as local counsel. (lt) (Entered: 10/16/2015)
2015-10-28 19 0 MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D Pregerson. Counsel are referred to the courts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INSTRUCTIONS). (lc) (Entered: 10/28/2015)
2015-10-29 20 0 PROOF OF SERVICE Executed by Plaintiff DC Comics, upon Defendant Mad Engine, Inc. served on 10/16/2015, answer due 11/6/2015. Service of the Summons and Complaint were executed upon Kirk Hallam of Hallam & Hoffman, attorney for Defendant Mad Engine, Inc. via email per agreement of the parties in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entitymethod of service not specified.Original Summons NOT returned. (Roth, Michael) (Entered: 10/29/2015)
2015-10-29 21 0 Joint STIPULATION to Expedite HEARING ON DEFENDANT'S MOTION TO DISMISS THE COMPLAINT filed by defendant Mad Engine, Inc.. (Attachments: # 1 EXHIBITS A-C, # 2 [PROPOSED] ORDER)(Attorney Kirk M Hallam added to party Mad Engine, Inc.(pty:dft))(Hallam, Kirk) (Entered: 10/29/2015)
2015-10-29 22 0 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Mad Engine, Inc., identifying Fantasy Activewear, Inc.. (Hallam, Kirk) (Entered: 10/29/2015)
2015-10-30 23 0 MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: re: Joint STIPULATION to Expedite HEARING ON DEFENDANT'S MOTION TO DISMISS THE COMPLAINT 21 . COUNSEL ARE NOTIFIED the STIPULATION TO EXPEDITE HEARING ON DEFENDANT'S MOTION TO DISMISS THE COMPLAINT (DOCKET NUMBER 21) is hereby DENIED. (shb) (Entered: 10/30/2015)
2015-10-30 24 0 NOTICE of Appearance filed by attorney Nicholas J Hoffman on behalf of Defendant Mad Engine, Inc. (Attorney Nicholas J Hoffman added to party Mad Engine, Inc.(pty:dft))(Hoffman, Nicholas) (Entered: 10/30/2015)
2015-11-06 25 0 NOTICE OF MOTION AND MOTION to Dismiss Case MEMORANDUM OF POINTS AND AUTHORITIES filed by defendant Mad Engine, Inc.. Motion set for hearing on 12/7/2015 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: # 1 [Proposed] Order) (Hallam, Kirk) (Entered: 11/06/2015)
2015-11-16 26 0 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case MEMORANDUM OF POINTS AND AUTHORITIES 25 filed by Plaintiff DC Comics. (Weinberger, James) (Entered: 11/16/2015)
2015-11-23 27 0 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case MEMORANDUM OF POINTS AND AUTHORITIES 25 filed by Defendant Mad Engine, Inc.. (Hallam, Kirk) (Entered: 11/23/2015)
2015-12-07 28 0 MINUTES OF MOTION TO DISMISS CASE 25 held before Judge Dean D. Pregerson. Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (lom) (Entered: 12/07/2015)
2015-12-07 29 0 TRANSCRIPT ORDER as to defendant Mad Engine, Inc. for Court Reporter. Court will contact Stephanie Eichhorn at sjeichhorn@aol.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Hoffman, Nicholas) (Entered: 12/07/2015)
2015-12-08 30 0 TRANSCRIPT ORDER as to Plaintiff DC Comics for Court Reporter. Court will contact Margie Odanaka at odanaka@caldwell-leslie.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Roth, Michael) (Entered: 12/08/2015)
2015-12-15 31 0 ORDER DENYING DEFENDANTS MOTION TO DISMISS 25 by Judge Dean D. Pregerson. (lc). Modified on 12/15/2015 (lc). (Entered: 12/15/2015) 2015-12-17 10:38:07 343ab8f7e833a5ca4659f83d3e363a004345411b
2015-12-22 32 0 STIPULATION Extending Time to Answer the complaint as to Mad Engine, Inc. answer now due 1/8/2016, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant Mad Engine, Inc..(Hallam, Kirk) (Entered: 12/22/2015)
2016-01-08 33 0 ANSWER to Complaint (Attorney Civil Case Opening) 1 JURY DEMAND. filed by Defendant Mad Engine, Inc..(Hallam, Kirk) (Entered: 01/08/2016)
2016-01-08 34 0 COUNTERCLAIM against Counter/Crossdefendants DC Comics, Warner Bros. Enterainment, Inc.; jury demand, filed by Counter/Crossclaimant Mad Engine, Inc.. (Attachments: # 1 Exs. A-C)(Hallam, Kirk) (Entered: 01/08/2016)
2016-01-08 35 0 Request for Clerk to Issue Summons on Counterclaim 34 filed by Counter/Crossclaimant Mad Engine, Inc.. (Hallam, Kirk) (Entered: 01/08/2016)
2016-01-11 36 0 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The space below the caption entitled To:Defendant(s):must contain the names of all defendants or be left blank. The court does not issue single summonses to individual defendants. Filer named the Counterclaim as a COUNTERCLAIM/CROSSCLAIM. Clerk understands that in the state court the pleading may be a crossclaim. However, in the Federal system defendant's pleading filed against the plaintiff is a Counterclaim and not a crossclaim. The summons as prepared names only the new counter defendant, Warner Bros. ENtertainment as a cross defendant (it was not a named defendant in the original complaint as therefore it is not a cross defendant). For this one time only, because the pleading was entitled counterclaim/crossclaim, Please prepare ONLY one summons and on the form indicate on the Counterclaim/Crossclaim with a complete caption listing all the parties and leave the to area blank. Do not individualize a summons prior to clerk issuing the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) (Entered: 01/11/2016)
2016-01-11 37 0 Request for Clerk to Issue Summons on Counterclaim 34 filed by Counter Complainant Mad Engine, Inc.. (Hallam, Kirk) (Entered: 01/11/2016)
2016-01-12 38 0 21 DAY Summons Issued re Counter/Crossclaim 34 as to counter defendants DC Comics, Warner Bros. Enterainment, Inc.. (lc) (Entered: 01/12/2016)
2016-01-12 39 0 ORDER setting Scheduling Conference for 3/24/16 3:00 PM; compliance with FRCP 26(f) and filing of Rule 26(f) Report by Judge Dean D. Pregerson (lc) (Entered: 01/12/2016)
2016-01-14 40 0 SUPPLEMENTAL CERTIFICATION AND NOTICE of Interested Parties filed by Defendant and Countercomplainant Mad Engine, Inc., identifying Fantasy Activewear, Inc., DC Comics, Warner Bros. Entertainment, Inc., Time Warner, Inc., Warner Bros. Television, EC Publications, Inc., Warner Communications Inc. (Hallam, Kirk) (Entered: 01/14/2016)
2016-01-14 41 0 STIPULATION Extending Time to Answer the complaint as to DC Comics answer now due 2/8/2016, re Counterclaim 34 filed by Plaintiff/Counterclaim Defendant DC Comics. (Attachments: # 1 Proposed Order)(Roth, Michael) (Entered: 01/14/2016)
2016-01-22 42 0 PROOF OF SERVICE Executed by Countercomplainant Mad Engine, Inc., upon Counterdefendant Warner Bros. Enterainment, Inc. served on 1/18/2016, answer due 2/8/2016. Service of the Summons and Complaint were executed upon James Weinberger, of Fross Zelnick Lehrman & Zissu, attorney for Warner Bros. Entertainment, Inc. via email per agreement of the parties in compliance with statute not specified by service on a domestic corporation, unincorporated association, or public entitymethod of service not specified.Original Summons NOT returned. (Hallam, Kirk) (Entered: 01/22/2016)
2016-01-29 43 0 ** DOCUMENT STRICKEN ** DC Comics' Replyto Counterclaim and Warner Bros. ANSWER to Third Party Complaint; DC Comics and Warner Bros. Counterclaim filed by Plaintiff/Counterclaim Defendant/Counterclaim Plaintiff and Third-Party Defendant/Counterclaim Plaintiff DC Comics, Warner Bros. Enterainment, Inc.. (Attachments: # 1 Exhibit 1)(Attorney Michael Dietz Roth added to party Warner Bros. Enterainment, Inc.(pty:cd), Attorney Michael Dietz Roth added to party Warner Bros. Enterainment, Inc.(pty:crd))(Roth, Michael) Modified on 2/3/2016 (dp). (Entered: 01/29/2016)
2016-01-29 44 0 NOTICE of Interested Parties filed by Plaintiff/Counterclaim Defendant/Counterclaim Plaintiff DC Comics and Third-Party Defendant/Counterclaim Plaintiff Warner Bros. Entertainment Inc. DC Comics, Warner Bros. Enterainment, Inc., identifying DC Comics; E.C. Publications, Inc.; Warner Communications LLC; Warner Bros. Entertainment Inc.; Time Warner Inc.; Warner Bros. Consumer Products Inc.. (Roth, Michael) (Entered: 01/29/2016)
2016-02-02 45 0 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 14-03 by Judge Dean D. Pregerson. Case transferred from Judge Dean D. Pregerson to the calendar of Judge Dale S. Fischer for all further proceedings. Case number now reads as 2:15-cv-07980 DSF(JPRx). (rn) (Entered: 02/02/2016)
2016-02-03 46 0 ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 4/4/2016 at 11:00 AM before Judge Dale S. Fischer. (dp) (Entered: 02/03/2016)
2016-02-03 47 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: 02/03/2016)
2016-02-03 48 0 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING DOCUMENT. Document No. 43 filed on 1/2916 is stricken. Answers and counterclaims must be filed separately. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY (Entered: 02/03/2016)
2016-02-03 49 0 DC Comics' ANSWER to Counterclaim 34 ; Warner Bros. Entertainment Inc.'s Answer to Third Party Complaint; Demand for Jury Trial filed by Counterclaim Defendant DC Comics and Third-Party Defendant Warner Bros. Entertainment Inc. DC Comics, Warner Bros. Enterainment, Inc..(Roth, Michael) (Entered: 02/03/2016)
2016-02-03 50 0 COUNTERCLAIM against Counterclaim Defendant Mad Engine, Inc.; Jury Demand, filed by Counterclaim Plaintiffs Warner Bros. Enterainment, Inc., DC Comics. (Attachments: # 1 Exhibit 1)(Roth, Michael) (Entered: 02/03/2016)
2016-02-06 51 0 TRANSCRIPT for proceedings held on 12/07/2015; 10:32 A.M. Court Reporter/Electronic Court Recorder: MARIA BUSTILLOS, phone number MADAMCOURTREPORTER@GMAIL.COM FOR ALL TRANSCRIPT REUESTS. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through MARIA BUSTILLOS. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/29/2016. Redacted Transcript Deadline set for 3/8/2016. Release of Transcript Restriction set for 5/6/2016. (Bustillos, Maria) (Entered: 02/06/2016)
2016-02-06 52 0 NOTICE OF FILING TRANSCRIPT filed for proceedings 12/07/2015; 10:32 A.M re Transcript 51 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Bustillos, Maria) TEXT ONLY ENTRY (Entered: 02/06/2016)
2016-02-24 53 0 NOTICE OF MOTION AND MOTION to Dismiss Case COUNTERCLAIM-IN-REPLY; MEMORANDUM OF POINTS AND AUTHORITIES filed by COUNTERCLAIM DEFENDANT Mad Engine, Inc.. Motion set for hearing on 3/28/2016 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Proposed Order) (Hallam, Kirk) (Entered: 02/24/2016)
2016-02-24 54 0 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case COUNTERCLAIM-IN-REPLY; MEMORANDUM OF POINTS AND AUTHORITIES 53 filed by Defendant Mad Engine, Inc.. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-F)(Hallam, Kirk) (Entered: 02/24/2016) 2016-09-27 09:58:22 b81af099c3f9880901b58b36689decffb8b85124
2016-02-29 55 0 STIPULATION to Continue Oral Argument on Mad Engine's Motion to Dismiss Counterclaim-In-Reply from March 28, 2016 to April 4, 2016 filed by Plaintiff/Counterclaim Defendant/Counterclaim Plaintiff and Third-Party Defendant DC Comics, Warner Bros. Enterainment, Inc.. (Attachments: # 1 Proposed Order)(Roth, Michael) (Entered: 02/29/2016)
2016-02-29 56 0 ORDER CONTINUING MARCH 28, 2016 ORAL ARGUMENT ON MAD ENGINE'S MOTION TO DISMISS COUNTERCLAIM-IN-REPLY by Judge Dale S. Fischer, re Stipulation to Continue, 55 . IT IS HEREBY ORDERED that: Oral argument on the Motion is rescheduled to Monday, April 4, 2016 at 11:00 a.m., Courtroom 840; and Opposition and reply brief deadlines on the Motion shall be extended so that any opposition and any reply are due per the Local Rules based on the new hearing date. (bp) (Entered: 03/02/2016)
2016-03-10 57 0 STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by Plaintiff/Counterclaim Defendant/Third Party Defendant/Counterclaim-in-Reply Plaintiffs DC Comics, Warner Bros. Enterainment, Inc..(Attorney James D Weinberger added to party Warner Bros. Enterainment, Inc.(pty:crd))(Weinberger, James) (Entered: 03/10/2016)