Case Details

CourtSouthern District of California
Docket number3:17-cv-00863
Date case filed2017-04-28
Date case closed
Date of latest filing2017-08-15
Assigned toJudge Barry Ted Moskowitz
Case cause15:1114 Trademark Infringement (Lanham Act)
Nature of suit840 Trademark
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Ibrahim Nasser
Party type: Plaintiff
Attorney name: Ibrahim Nasser
Attorney Contact:
P.O. Box 5626
Chula Vista, CA 91912
619-253-9624
PRO SE
Party: Serious Scents
Party type: Plaintiff
Attorney name: Serious Scents
Attorney Contact:
P.O. Box 5626
Chula Vista, CA 91912
619-253-9624
PRO SE
Party: Julius Samann LTD
Party type: Defendant
doing business asLittle Tree
doing business asCar-Freshener Corporation
Attorney name: Howard Loring Rose
Attorney Contact:
Davis Wright Tremaine, LLP
865 South Figueroa Street
Suite 2400
Los Angeles, CA 90017
(213) 633-6800
Fax: (213) 633-6899
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Scott R Commerson
Attorney Contact:
Davis Wright Tremaine LLP
865 So. Figueroa Street
Suite 2400
Los Angeles, CA 90017-2566
(213) 633-6800
Fax: (213) 633-6899
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Nature's Appeal Manufacturing Corporation
Party type: Defendant
doing business asStink Grenade
Party: Energizer Brands II, LLC
Party type: Defendant
doing business asAmerican Covers Inc.
doing business asDriven by Refresh Your Car
Attorney name: Nancy L. Stagg
Attorney Contact:
Kilpatrick Townsend & Stockton LLP
12730 High Bluff Drive
Suite 400
San Diego, CA 92130
(858) 350-6156
Fax: (858) 350-6111
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12017-04-28 COMPLAINT against All Defendants (Filing fee $400 receipt number CAS090649.), filed by Ibrahim Nasser, Serious Scents. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:17-cv-863-CAB-MDD. Judge Cathy Ann Bencivengo and Magistrate Judge Mitchell D. Dembin are assigned to the case.(mxn) (jao). (Entered: 04/28/2017)
1.1 Civil Cover Sheet
22017-04-28 *** DOCKETED IN ERROR*** REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *See Complaint* cc:USPTO (mxn) Modified on 4/28/2017 to modify text (mxn). (Entered: 04/28/2017)
32017-04-28 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *See Complaint* cc:USPTO (Attachments: # 1 Complaint) (mxn) (jao). (Entered: 04/28/2017)
42017-04-28 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (mxn) (jao). (Entered: 04/28/2017)
52017-05-19 NOTICE of Appearance by Nancy L. Stagg on behalf of Energizer Brands II, LLC (Stagg, Nancy)Attorney Nancy L. Stagg added to party Energizer Brands II, LLC(pty:dft) (rlu). (Entered: 05/19/2017)
62017-05-19 MOTION to Dismiss by Energizer Brands II, LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5)(Stagg, Nancy) (rlu). (Entered: 05/19/2017)
72017-05-19 NOTICE of Party With Financial Interest by Energizer Brands II, LLC . No Parties With Financial Interest. (Stagg, Nancy) (rlu). (Entered: 05/19/2017)
82017-05-22 MINUTE ORDER OF RECUSAL. Judge Cathy Ann Bencivengo is no longer assigned. Case randomly reassigned to Chief Judge Barry Ted Moskowitz for all further proceedings. The new case number is 17cv863 BTM (MDD).(no document attached) (jcj) (Entered: 05/22/2017)
92017-05-22 AMENDED MOTION to Dismiss by Defendant Energizer Brands II LLC by Energizer Brands II, LLC re 6 MOTION to Dismiss (Stagg, Nancy) qc email re incorrect event on 5/23/2017 and modified text (rlu). (Entered: 05/22/2017)
102017-05-23 NOTICE OF PARTY WITH FINANCIAL INTEREST by Julius Samann LTD (Rose, Howard)Attorney Howard Loring Rose added to party Julius Samann LTD(pty:dft) qc email re s/ signature and NOA is needed, if atty is not on docket, on 5/24/2017 (rlu). (Entered: 05/23/2017)
112017-05-23 MOTION to Dismiss for Failure to State a Claim by Julius Samann LTD. (Attachments: # 1 Memo of Points and Authorities)(Rose, Howard) (rlu). (Entered: 05/23/2017)
11.1 Memo of Points and Authorities
122017-06-14 RESPONSE re 6 MOTION to Dismiss , 9 MOTION to Dismiss Party DEFENDANT ENERGIZER BRANDS II LLC'S NOTICE OF NO RECEIPT OF OPPOSITION TO MOTION TO DISMISS filed by Energizer Brands II, LLC. (Stagg, Nancy) (rlu). (Entered: 06/14/2017)
132017-06-14 AMENDED RESPONSE re 6 MOTION to Dismiss , 12 Response - Other, 9 MOTION to Dismiss Party Amended - Defendant Energizer Brands II LLC's Notice of No Receipt of Opposition to Motion to Dismiss filed by Energizer Brands II, LLC. (Stagg, Nancy) qc email re need signed pos filed on 6/15/2017 (rlu). (Entered: 06/14/2017)
142017-06-15 CERTIFICATE OF SERVICE by Energizer Brands II, LLC re 13 Response - Other, (Stagg, Nancy) (rlu). (Entered: 06/15/2017)
152017-06-20 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document: Response to Defendant Amended Motion to Dismiss, from Plaintiff Ibrahim Nasser. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely. Nunc Pro Tunc 6/19/2017. Signed by Judge Barry Ted Moskowitz on 6/20/2017.(All non-registered users served via U.S. Mail Service)(rlu) (Entered: 06/21/2017)
162017-06-20 RESPONSE to Defendant Amended Motion to Dismiss filed by Ibrahim Nasser. Nunc Pro Tunc 6/19/2017. (rlu) (Entered: 06/21/2017)
172017-06-20 ORDER Continuing Hearing as to 9 MOTION to Dismiss Party. To give defendant Energizer Brands II, LLC an opportunity to reply, the Court will continue the hearing from 6/23/2017, to 7/7/2017, at 11:00 AM, making 6/30/2017, the new due date for the reply brief. There will be no oral argument at the hearing and no appearances will be necessary. Signed by Judge Barry Ted Moskowitz on 6/20/2017.(All non-registered users served via U.S. Mail Service)(rlu) (Entered: 06/21/2017)
182017-06-22 NOTICE of Appearance by Scott R Commerson on behalf of Julius Samann LTD (Commerson, Scott)Attorney Scott R Commerson added to party Julius Samann LTD(pty:dft) (rlu). (Entered: 06/22/2017)
192017-06-22 CERTIFICATE OF SERVICE by Julius Samann LTD re 18 Notice of Appearance (Commerson, Scott) (rlu). (Entered: 06/22/2017)
202017-06-23 REPLY to Response to Motion re 11 MOTION to Dismiss for Failure to State a Claim filed by Julius Samann LTD. (Rose, Howard) (rlu). (Entered: 06/23/2017)
212017-06-23 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document: Response to Defendant Amended Motion to Dismiss, from Plaintiff Ibrahim Nasser. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely, Civ. L. Rule 7.1: Missing table of contents, OTHER: Civ.L. Rule 5.2 Missing Proof of Service. Nunc Pro Tunc 6/22/2017. (All non-registered users served via U.S. Mail Service)(rlu) (Entered: 06/23/2017)
222017-06-23 RESPONSE to Defendant Amended Motion to Dismiss filed by Ibrahim Nasser. Nunc Pro Tunc 6/22/2017. (rlu) (Main Document 22 replaced on 6/23/2017) (rlu). (Entered: 06/23/2017)
232017-06-23 ORDER Continuing Hearing. The Court will continue the hearing from 6/30/2017, to 7/14/2017, at 11:00 AM, making 7/7/2017, the new due date for the reply brief. There will be no oral argument at the hearing and no appearances will be necessary. Signed by Judge Barry Ted Moskowitz on 6/23/2017.(All non-registered users served via U.S. Mail Service)(rlu) (Entered: 06/23/2017)
242017-06-30 REPLY to Response to Motion re 9 MOTION to Dismiss Party filed by Energizer Brands II, LLC. (Stagg, Nancy) (rlu). (Entered: 06/30/2017)
252017-07-05 REPLY to Response to Motion re 11 MOTION to Dismiss for Failure to State a Claim filed by Julius Samann LTD. (Attachments: # 1 Request for Judicial Notice In Support OF Reply In Support of Defendant CFC's Motion to Dismiss)(Commerson, Scott) (rlu). (Entered: 07/05/2017)
25.1 Request for Judicial Notice In Support OF Reply In Support of Defendant CFC'
262017-07-07 MINUTE ORDER, Motions Submitted 9 MOTION to Dismiss Party (no document attached) (rfm) (Entered: 07/10/2017)
272017-07-14 MINUTE ORDER, Motions Submitted 11 MOTION to Dismiss for Failure to State a Claim (no document attached) (rfm) (Entered: 07/17/2017)
282017-08-15 ORDER Granting 11 Motion to Dismiss Complaint for Failure to State a Claim; Denying 6 Motion for More Definite Statement; Denying 9 Motion to Dismiss Pursuant to First-To-File Rule without Prejudice. Plaintiffs may file and serve a First Amended Complaint on or before 9/8/2017. If Plaintiffs fail to do so, the Court will close this case. Signed by Judge Barry Ted Moskowitz on 8/14/2017. (All non-registered users served via U.S. Mail Service)(mxn) (Entered: 08/15/2017)
292017-08-15 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document: Notice of Motion for Amended Complaint, from Plaintiff Ibrahim Nasser. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely, OTHER: Incorrect Judge's initials. Nunc Pro Tunc 6/30/2017. Signed by Judge Barry Ted Moskowitz on 8/14/2017.(All non-registered users served via U.S. Mail Service)(mxn) (Entered: 08/15/2017)
302017-08-15 Notice of Motion for Amended Complaint. Nunc Pro Tunc 6/30/2017. (All non-registered users served via U.S. Mail Service)(mxn) Modified event type on 8/15/2017 (mxn). (Entered: 08/15/2017)
312017-08-15 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document: Plaintiff Response to Defendant's Memorandum In Support of Motion to Dismiss, from Plaintiff Ibrahim Nasser. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely. Nunc Pro Tunc 7/5/2017. Signed by Judge Barry Ted Moskowitz on 8/14/2017.(All non-registered users served via U.S. Mail Service)(mxn) (Entered: 08/15/2017)
322017-08-15 Plaintiff's Response to Defendant's Memorandum In Support of Motion to Dismiss filed by Ibrahim Nasser. Nunc Pro Tunc 7/5/2017. (All non-registered users served via U.S. Mail Service)(mxn). (Entered: 08/15/2017)
332017-08-15 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document: Proof of Service - Acknowledgment of Service, from Plaintiff Ibrahim Nasser. Non-compliance with local rule(s), Civ. L. Rule 5.1: Improper format (wrong district and case number in caption). Nunc Pro Tunc 7/6/2017. Signed by Judge Barry Ted Moskowitz on 8/14/2017.(All non-registered users served via U.S. Mail Service)(mxn) (Entered: 08/15/2017)
342017-08-15 Certificate of Service by Ibrahim Nasser re 22 . Nunc Pro Tunc 7/6/2017. (All non-registered users served via U.S. Mail Service) (mxn) (Entered: 08/15/2017)
352017-08-15 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Accepting Document: Judicial Notice, from Plaintiff Ibrahim Nasser. Non-compliance with local rule(s), Civ. L. Rule 5.1: Improper format and Civ. L. Rule 5.2: Missing proof of service. Nunc Pro Tunc 7/27/2017. Signed by Judge Barry Ted Moskowitz on 8/14/2017.(All non-registered users served via U.S. Mail Service)(mxn) (Entered: 08/15/2017)
362017-08-15 Judicial Notice by Ibrahim Nasser. Nunc Pro Tunc 7/27/2017. (All non-registered users served via U.S. Mail Service).(mxn) (Entered: 08/15/2017)
372017-08-15 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Rejecting Document: 1st Amended Complaint, from Plaintiff Ibrahim Nasser. Non-compliance with local rule(s), Civ. L. Rule 15.1: Amended pleading not complete in itself, Rejected document was returned to the filer. Signed by Judge Barry Ted Moskowitz on 8/14/2017.(All non-registered users served via U.S. Mail Service)(mxn) (Additional attachment(s) added on 8/15/2017: # 1 Rejected Document) (mxn). (Entered: 08/15/2017)
382017-08-15 ORDER Denying 30 Motion for Leave to File Amended Complaint as Moot. Signed by Judge Barry Ted Moskowitz on 8/14/2017. (All non-registered users served via U.S. Mail Service). (mxn) (Entered: 08/15/2017)
392017-08-15 Notice of Document Discrepancies and Order Thereon by Judge Barry Ted Moskowitz Rejecting Document: 1st Amended Complaint, from Plaintiff Ibrahim Nasser. Non-compliance with local rule(s), Civ. L. Rule 15.1: Amended pleading not complete in itself. Signed by Judge Barry Ted Moskowitz on 8/14/2017.(All non-registered users served via U.S. Mail Service). (mxn) (Additional attachment(s) added on 8/16/2017: # 1 Rejected Document) (mxn). (Entered: 08/16/2017)
39.1 *Restricted*