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14-676 - National Grange of the Order of Patrons of Husbandry v. California State Grange


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14-676 - National Grange of the Order of Patrons of Husbandry v. California State Grange
July 30, 2014
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MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 7/30/14 ORDERING that plaintiff's motion to strike defendant's affirmative defenses be, and the same hereby is, GRANTED as to defendant's affirmative defenses of failure to state a claim, genericness and non-commercial use; and DENIED as to defendant's affirmative defenses of invalidity, acquiescence, waiver, estoppel, and laches, statute of limitations, prior common law use, fair use, lack of secondary meaning, first sale, unclean hands, and failure to mitigate;plaintiff's motion to strike or dismiss defendant's first counterclaim be, and the same hereby is, DENIED; and plaintiff's motion to dismiss defendant's second, counterclaim be, and the same hereby is, GRANTED. Defendant has twenty days from the date this Order is signed to file an amended Answer and Counterclaims, if defendant can do so consistent with this Order. (Becknal, R)
January 14, 2015
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ORDER signed by Senior Judge William B. Shubb on 1/14/2015 DENYING 26 Defendant's Motion to Modify Status (Pretrial Scheduling) Order. (Kirksey Smith, K)
February 11, 2015
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RELATED CASE ORDER signed by Senior Judge William B. Shubb on 2/11/15 ORDERING that this case be related to case number 2:15-cv-0317 JAM EFB and that the related case be reassigned to Judge William B. Shubb and Magistrate Judge Dale A. Drozd for all further proceedings; any dates currently set in the reassigned case are VACATED. IT IS FURTHER ORDERED that the Clerk shall make the appropriate adjustments in the case assignment.(Meuleman, A)
April 16, 2015
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STIPULATION and 37 PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 4/15/2015. This Order covers information furnished by a party to any other party, as well as documents furnished by non-parties who receive subpoenas in connection with this action, if and when the information and documents are designated by a party to action or non-party as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" in accordance with terms of this Order. (Marciel, M)
April 21, 2015
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STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 4/20/15 re: 39 ORDERING 20 Status (Pretrial Conference) Scheduling Order's status modified to permit depositions of Defendant and its principal, Robert McFarland. (Meuleman, A)
June 24, 2015
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ORDER signed by Senior Judge William B. Shubb on 6/23/2015 GRANTING 47 Request to appear by telephone for hearing on motion to consolidate. Plaintiff National Grange's counsel shall be reachable at (202) 263-4300 on the day of the telephonic appearance. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Zignago, K.)
July 14, 2015
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MEMORANDUM AND ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT signed by Senior Judge William B. Shubb on 7/14/2015: IT IS ORDERED that 43 Plaintiff's Motion for Summary Judgment be, and the same hereby is, GRANTED; and that 44 Defendant's Motion for Summary Judgment be, and the same hereby is, DENIED. IT IS FURTHER ORDERED that upon entry of final judgment in this action defendant and its agents, affiliates, and assigns, or any party acting in concert with defendant and its agents, affiliates, and assigns, shall be permanently enjoined from using marks containing the word "Grange." The parties shall appear for a Status Conference on 8/17/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb regarding the status of plaintiff's remaining claims and its prayer for damages. (Kirksey Smith, K)
August 14, 2015
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ORDER signed by Senior Judge William B. Shubb on 8/14/2015 DENYING 69 Defendant's Request to Appear by Telephone at the 8/17/2015 Final Pretrial Conference and Status Conference. (Kirksey Smith, K)
September 23, 2015
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ORDER signed by Senior Judge William B. Shubb on 9/23/15 DENYING 77 Joint Motion to Modify Final Pretrial Order. (Kirksey Smith, K)
September 30, 2015
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MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 9/29/2015. Plaintiff's claims for damages, including but necessarily limited to recovery of profits under 25 U.S.C. ยง 1117, are DISMISSED with prejudice and Trial date of 10/14/2015 is VACATED. IT IS FURTHER ORDERED that Final Judge be entered permanently enjoining defendant and its agents, affiliates, and assigns, or any party acting in concert with defendant and its agents, affiliates, and assigns from using marks containing the word "Grange". (Marciel, M)
September 30, 2015
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JUDGMENT entered *9/29/2015*: Issues have been tried or heard and a decision has been rendered. IT IS ORDERED AND ADJUDGED: Judgment is hereby entered in accordance with Court's 85 Order filed on 9/29/2015. Defendant and its agents, affiliates, and assigns, or any party acting in concert with defendant and its agents, affiliates, and assigns, are permanently enjoined from using marks containing the word Grange. (Marciel, M)
November 13, 2015
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ORDER signed by Senior Judge William B. Shubb on 11/12/15 ORDERING that Defendant's 88 Motion for Order to stay of Injunction is CONTINUED from 12/14/15 to 1/11/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Mena-Sanchez, L)
January 4, 2016
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ORDER signed by Senior Judge William B. Shubb on 1/4/2016 re 100 Defendant's Ex Parte Motion to Continue 88 Plaintiff's Motion for Order to Stay or Suspend Injunction Pending Appeal: IT IS HEREBY ORDERED that: 1) Defendant's Ex Parte Motion is GRANTED ON THE CONDITIONS that: i) defendant compensate plaintiff and its counsel for any non-refundable travel arrangements that have already been made for the January 11, 2016 hearing; (ii) the parties, and all those acting in concert with them, understand and agree that unless and until otherwise ordered, the 85, 86 Court's September 30, 2015 injunction, remains in full force and effect and shall be complied with in letter and in spirit; 2) The January 11, 2016 hearing date on 88 Defendant's Motion to Stay Injunction Pending Appeal is hereby VACATED; 3) A new hearing date on 88 Defendants Motion to Stay Injunction Pending Appeal is set February 8, 2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and 4) Defendant shall file its reply to 99 Plaintiffs opposition to defendants Motion to Stay Injunction Pending Appeal no later than February 1, 2016. (Kirksey Smith, K)
January 12, 2016
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ORDER denying 88 Motion to Stay Injunction Pending Appeal, signed by Senior Judge William B. Shubb on 1/11/16. (Kastilahn, A)
February 4, 2016
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RELATED CASE ORDER signed by Senior Judge William B. Shubb on 2/4/2016 FINDING that this action is related to the action denominated 2:16-cv-00201 TLN AC within the meaning of Local Rule 123(a); REASSIGNING the case denominated 2:16-cv-00201 TLN AC to Judge Willaim B. Shubb; DIRECTING the Clerk of Court to make the appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Michel, G.)
March 8, 2016
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ORDER signed by Senior Judge William B. Shubb on 3/7/2016 ORDERING 109 that plaintiff's motion for an order to show cause why defendant should not be held in contempt, 109 be, and the same hereby is, DENIED without prejudice to plaintiff making a more specific request for relief. (Reader, L)
March 18, 2016
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ORDER signed by Senior Judge William B. Shubb on 3/18/2016 DENYING 122 Plaintiff's Motion for Clarification. (Kirksey Smith, K)
March 28, 2016
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ORDER signed by Senior Judge William B. Shubb on 3/28/2016 GRANTING 127 Ex Parte Application to Shorten Time. Defendant shall have one (1) week to file an opposition to Plaintiff's 126 Motion for Injunction, by 4/4/2016. Plaintiff shall have three (3) days from Defendant's filing of an opposition to file a reply in support of the Motion for Injunction, by 4/7/2016. A hearing on Plaintiff's Motion for Injunction, should the Court determine that one will be held, shall take place on 4/18/2016 at 1:30 PM. (Zignago, K.)
April 20, 2016
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MEMORANDUM AND ORDER RE 126 Motion for Injunction signed by Senior Judge William B. Shubb on 4/20/16. Defendant shall pay plaintiff these attorney's fees and file an affidavit with the court confirming payment within five (5) business days after the court issues its Order regarding the attorney's fees.(Mena-Sanchez, L)
May 23, 2016
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/20/16, ORDERING that the deadline for Defendant to file papers in opposition to the Motion for Attorney's Fees 142 is EXTENDED to 6/1/2016. (Kastilahn, A)
September 12, 2016
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ORDER granting 142 Motion for Attorney Fees signed by Senior Judge William B. Shubb on 9/9/16. (Kaminski, H)
October 12, 2016
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ORDER signed by Senior Judge William B. Shubb on 10/12/2016 DENYING 155 Defendant's Request to Stay 154 Order Awarding Attorney's Fees. (Kirksey Smith, K)
January 24, 2017
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ORDER signed by Senior Judge William B. Shubb on 1/24/2017 DENYING 167 Plaintiff's Request to Seal. (Kirksey Smith, K)
February 28, 2017
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ORDER signed by Magistrate Judge Deborah Barnes on 2/27/2017 CONTINUING the hearing on 175 Motion to Remove Defendant's Confidentiality Designations to 3/24/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; ORDERING the parties to file a joint statement compliant with Local Rule 251 by 3/17/2017; CAUTIONING the defendant that a failure to participate in the joint statement or file a separate opposition will be deemed nonopposition to the granting of said motion. (Michel, G.)
March 2, 2017
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MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 3/2/2017 DENYING 176 Plaintiff's MOTION TO ADD JUDGMENT DEBTOR. (Kirksey Smith, K)
March 9, 2017
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ORDER signed by Senior Judge William B. Shubb on 3/9/2017 GRANTING IN PART and DENYING IN PART 178 Plaintiff's Motion for Order of Assignment. (Kirksey Smith, K)
April 11, 2017
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ORDER TO APPEAR FOR EXAMINATION signed by Magistrate Judge Deborah Barnes on 4/11/2017 ORDERING California Guild, by and through Robert McFarland, to appear 6/9/2017 at 09:30 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Zignago, K.)
April 12, 2017
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STIPULATION and ORDER 198 signed by Senior Judge William B. Shubb on 4/12/2017 resetting hearing on 190 Plaintiff's MOTION to Disqualify Ellis Law Group as Defendant's Counsel for 5/8/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
May 4, 2017
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ORDER signed by Senior Judge William B. Shubb on 5/4/2017 re 205 Defendant's Ex Parte Application to File Surreply: IT IS HEREBY ORDERED that Defendant California Guild may file a Surreply of no more than 10 pages in length to address the new documents submitted with the Plaintiff's Reply in support of its Motion to Disqualify, to be filed by no later than 3:00 p.m. PST on May 4, 2017. (Kirksey Smith, K)
May 12, 2017
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ORDER signed by Senior Judge William B. Shubb on 5/11/17 ORDERING that plaintiff's Motion to disqualify the Ellis Law Group from this case be, and the same hereby is, DENIED. (Becknal, R)
May 18, 2017
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ORDER signed by Senior Judge William B. Shubb on 5/18/2017 ORDERING 193 the costs submitted by plaintiff in its Memorandum of costs be, and the same hereby are, TAXED to defendant; and Defendant's Motion to deny plaintiff's request for attorneys' fees is hereby DENIED. 194 (Reader, L)
April 17, 2018
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ORDER signed by Senior Judge William B. Shubb on 4/17/2018 GRANTING the 226 Motion to Reopen Post-Judgment Proceedings; The Satisfaction of Judgment is hereby PARTIALLY VACATED to the extent of $93,707.78 upon the condition that plaintiff take the necessary steps to return the aforementioned dollar amount to the account from which it should not have been taken. Within 30 days, Defendant must pay plaintiff the additional sanctions in the amount of $9,000. (Fabillaran, J)
June 8, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 6/7/18: Judgment Debtor Exam set for 7/20/2018 at 09:30 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Kaminski, H)
July 30, 2018
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ORDER signed by Magistrate Judge Deborah Barnes on 6/30/2018 ORDERING California Guild, by and through Robert McFarland, President to appear for examination on 8/31/2018 at 9:30 AM in Courtroom 27. (Reader, L)