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16-201 - National Grange of the Order of Patrons of Husbandry v. California State Grange et al.


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16-201 - National Grange of the Order of Patrons of Husbandry v. California State Grange et al.
March 8, 2016
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/8/2016 continuing 20 Defendant McFarland's Motion to Dismiss and 21 Defendant McFarland's Special Motion to Strike to 4/18/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
March 30, 2016
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ORDER signed by Senior Judge William B. Shubb on 3/29/16: Defendant California State Grange, shall have up to and including April 5, 2016, to file a responsive pleading to plaintiff's Complaint. (Kaminski, H)
May 12, 2016
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STIPULATION and ORDER 44 signed by Senior Judge William B. Shubb on 5/12/2016: IT IS ORDERED that 20 Defendant Robert McFarland's Motion to Dismiss and Special 21 Motion to Strike Complaint and 32 Defendant California State Grange's Motion to Dismiss are hereby continued from 6/27/2016 to 7/11/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Scheduling conference is continued from 8/15/2016 to 8/29/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. with a Joint Status Report due on or before 8/15/2016. (Kirksey Smith, K)
May 20, 2016
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ORDER signed by Senior Judge William B. Shubb on 5/19/2016 ORDERING that plaintiff's 46 motion for leave to file a surreply in opposition to defendant California State Grange's motion to dismiss is GRANTED. Plaintiff shall file its surreply no later than 5/27/2016. The 7/11/2016 hearing on plaintiff's motion for leave to file a surreply is VACATED. All other pending hearings on that date are unaffected. (Zignago, K.)
July 7, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/7/2016 VACATING the hearings on the 20, 21, & 32 Motions to Dismiss. A Status Conference is set for 7/11/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Parties to submit a joint or separate status reports prior to the 7/11/2016 status conference addressing the four issues outlines in this order. (Donati, J)
July 12, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/11/2016: IT IS HEREBY ORDERED that: (1) Plaintiff's Motion for a Preliminary Injunction 54 is RESET for hearing on 9/19/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; (2) Defendants' opposition to plaintiff's Motion for a Preliminary Injunction shall be filed by no later than 9/6/2016; (3) Plaintiff's reply in support of its Motion for a Preliminary Injunction shall be filed by no later than 9/13/2016; (4) Plaintiff's Motion to Amend its Complaint 55 shall remain set for hearing on 8/22/2016; (5) the hearings on defendants' Motions to Dismiss and to Strike Plaintiff's Complaint 20, 21 and 32 are hereby HELD IN ABEYANCE pending the Court's ruling on plaintiff's Motion to Amend its Complaint; (6) the Status (Pretrial Scheduling) Conference is continued from 8/29/2016 to 11/7/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and (7) the parties shall file a Joint Status Report pursuant to Local Rule 240 no later than 10/24/2016. (Kirksey Smith, K)
August 16, 2016
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ORDER signed by Senior Judge William B. Shubb on 8/16/16 ORDERING that Plaintiff's MOTION for leave to amend, (Docket No. 55) is GRANTED and Plaintiff shall file its First Amended Complaint within three days of the date of this Order; Defendant's pending Motions to DISMISS and MOTION to STRIKE the original Complaint, (Docket Nos. 20, 21, 32) are DENIED without prejudice to them being re-filed in light of Plaintiff's First Amended Complaint; and Plaintiff shall withdraw its pending motion for a preliminary injunction, (Docket No. 54), and may file an amended motion for preliminary injunction in light of its First Amended Complaint. Any amended motion for preliminary injunction shall be filed no later than 8/22/16.(Mena-Sanchez, L)
September 23, 2016
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MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 9/23/2016 ORDERING 76 that plaintiffs the National Grange and the CA State Grange's Motion for Preliminary Injunction be, and the same hereby is GRANTED in PART and DENIED in PART; Plaintiffs' remaining requests are DENIED. (Reader, L)
November 15, 2016
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MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 11/15/2016 re 77 Defendants' Motion to Dismiss: IT IS ORDERED that defendants' motion to dismiss plaintiffs' first amended Complaint or, in the alternative, for a more definite statement of claims, be, and the same hereby is, GRANTED IN PART and DENIED IN PART as follows: 1) plaintiffs' "infringement of unregistered logo and trade dress" and intentional interference with contractual relations claims are DISMISSED; 2) defendants' motion to dismiss plaintiffs' other claims is DENIED; and 3) defendants' motion for a more definite statement of the non-dismissed claims is DENIED. (Kirksey Smith, K)
April 4, 2017
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ORDER signed by Senior Judge William B. Shubb on 4/3/2017 GRANTING 115 Plaintiffs' Ex Parte Application to stay of discovery until the resolution of the motion to disqualify the Ellis Law Group. (Kirksey Smith, K)
April 12, 2017
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STIPULATION and ORDER 122 signed by Senior Judge William B. Shubb on 4/12/2017 resetting hearing on 114 Plaintiff's Motion to Disqualify for 5/8/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
May 1, 2017
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ORDER signed by Senior Judge William B. Shubb on 5/1/2017 GRANTING 127 Request to Appear by telephone filed by California State Grange, Robert McFarland (Washington, S)
May 4, 2017
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ORDER signed by Senior Judge William B. Shubb on 5/4/2017 re 129 Defendant McFarland's Ex Parte Application to File Surreply: IT IS HEREBY ORDERED that Defendant Robert McFarland 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 5/11/2017 ORDERING that plaintiffs' 114 Motion to disqualify the Ellis Law Group from this case be, and the same hereby is, DENIED. (Becknal, R)
August 4, 2017
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ORDER signed by Senior Judge William B. Shubb on 8/4/2017 DENYING 138 Motion for Summary Judgment (Washington, S)
August 4, 2017
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ORDER signed by Senior Judge William B. Shubb on 8/4/2017 DENYING 136 Motion for Reconsideration. (Washington, S)
August 15, 2017
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ORDER signed by Senior Judge William B. Shubb on 8/15/17 ORDERING that the Defendants' ex parte application to strike plaintiff's cross-motion for summary judgment be, and is the same hereby is DENIED. the Final Pretrial Conference is RESET to 11/6/17 at 01:30 PM; and the Trial is RESET to 1/3/18 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Becknal, R)
September 20, 2017
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ORDER signed by Senior Judge William B. Shubb on 9/20/2017: Before the close of business today, defendants are hereby ORDERED to file electronically, as exhibits in support of their 157 Ex Parte Application, all discovery requests served upon plaintiffs and any responses to those requests, including requests for production, requests for admission, and interrogatories.(Kirksey Smith, K)
September 21, 2017
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ORDER signed by Senior Judge William B. Shubb on 9/21/2017: 1) Plaintiffs' Cross Motion for Partial Summary Judgment 142 is withdrawn. 2) Plaintiffs shall respond to defendants' previously served discovery requests by 10/23/2017. Plaintiffs' responses shall be served both via mail and email. 3)Defendants shall have until 11/27/2017 to take the deposition of Edward Komski. 4) All other discovery is reopened but must be completed by 1/2/2018. Notwithstanding the Local Rules, all further discovery motions in this case shall be noticed for hearing on five days' notice before the undersigned judge. The provisions of Local Rule 251 shall not apply. All such motions shall be no more than five pages in length. All oppositions to such motions shall be oral. 5) The deadline for all motions is extended to 2/2/2018. 6) The Final Pretrial Conference is continued to 4/23/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. 7) Trial is continued to 6/19/2018 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. [See document for further details.] (Kirksey Smith, K)
December 12, 2017
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ORDER signed by Senior Judge William B. Shubb on 12/12/2017 GRANTING 170 Defendants' Counsel's Request for Telephonic Appearance at Plaintiff's Motion to Compel set for 12/15/2017 at 10:00 AM. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call.(Kirksey Smith, K)
December 13, 2017
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ORDER signed by Senior Judge William B. Shubb on 12/13/2017 GRANTING 172 Plaintiff's Counsel's Request for Telephonic Appearance at Plaintiff's Motion to Compel set for 12/15/2017 at 10:00 AM. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Kirksey Smith, K)
February 14, 2018
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ORDER signed by Senior Judge William B. Shubb on 2/13/18, ORDERING that the Scheduling Order is modified as follows: discovery shall be completed by 4/2/2018, all motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 5/2/2018. The Final Pretrial Conference is SET for 8/13/2018 at 01:30 PM, and the Trial shall begin on 10/23/2018 at 09:00 AM, BOTH in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)
March 7, 2018
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ORDER re Defendants' Motions for Sanctions and Contempt signed by Senior Judge William B. Shubb on 3/7/2018: 180 Defendants' Motion for Sanctions and Motion to Strike will be heard in accordance with the procedures set forth in this 166 Court's Order of 9/21/2017. The hearing is set for 3/12/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
March 8, 2018
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ORDER signed by Senior Judge William B. Shubb on 3/8/2018 GRANTING 183 Plaintiffs' Request for Telephonic Appearance at the motion hearing set for 3/12/2018 at 1:30 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Kirksey Smith, K)
March 8, 2018
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ORDER signed by Senior Judge William B. Shubb on 3/8/2018 GRANTING 185 Defendant's Request for Telephonic Appearance at the motion hearing set for 3/12/2018 at 1:30 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call.(Kirksey Smith, K)
March 13, 2018
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the telephone conference call. (Michel, G.)ORDER signed by Senior Judge William B. Shubb on 3/13/2018 GRANTING 189 Plaintiffs' Request for Telephonic Appearance at the Motion Hearing set for 3/19/2018. The courtroom deputy shall email counsel with instructions on how to participate in
March 14, 2018
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ORDER signed by Senior Judge William B. Shubb on 3/14/2018 GRANTING 191 Defendant's Request for Telephonic Appearance at the motion hearing set for 3/19/2018 at 1:30 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Kirksey Smith, K)
March 14, 2018
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STIPULATION and ORDER 192 signed by Senior Judge William B. Shubb on 3/14/2018 extending the discovery deadline to 5/2/2018. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 6/4/2018. The Final Pretrial Conference and trial start dates shall remain the same (8/13/2018 at 1:30 p.m. and 10/23/2018 at 9:00 a.m., respectively). (Kirksey Smith, K)
March 16, 2018
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STIPULATION AND PROTECTIVE ORDER signed by Senior Judge William B. Shubb on 3/15/2018. (Fabillaran, J)
March 21, 2018
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ORDER re 187 Motion to Compel signed by Senior Judge William B. Shubb on 3/21/2018: IT IS ORDERED that within five court days from the date this Order is signed defendants shall: 1) Produce all documents requested in Requests 43, 44, 45, 46, 49, 50, and 51 of Plaintiffs' Third Set of Requests for Production of Documents; 2) Provide to the court unredacted copies of all documents previously produced in response to Requests 52, 55, 56, 57, and 59 of Plaintiffs' Third Set of Requests for Production of Documents, so that the court may conduct an in camera review and determine whether redaction is necessary; and 3) Pay to counsel for plaintiffs sanctions in the amount of $700, or show good cause why they should be excused from paying such sanctions, pursuant to the provisions of Fed. R. Civ. P. 37(a)(5)(A). (Kirksey Smith, K)
April 2, 2018
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ORDER re 187 Motion to Compel signed by Senior Judge William B. Shubb on 4/2/2018 DIRECTING defendants to file, within 5 days, proof that they have paid to plaintiffs the sanctions specified by this court in 197 Order. (Fabillaran, J)
April 9, 2018
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ORDER signed by Senior Judge William B. Shubb on 4/9/2018 re 200 Defendants' Motion to Compel: Defendants' Motion will be heard in accordance with the procedures set forth in this court's 166 Order of 9/21/2017. The hearing is set for 4/16/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Counsel for each side shall appear personally at the hearing. (Kirksey Smith, K)
April 20, 2018
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MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 4/20/2018 re 200 Defendants' Motion to Compel: IT IS THEREFORE ORDERED that 200 Defendants' Motion to Compel be, and the same hereby is, GRANTED in part and DENIED in part. Within five court days from the date this Order is signed, plaintiffs shall: 1) Produce all documents asked for in Requests for Production 36 and 41; 2) Produce to the court for in camera review un-redacted copies of all documents previously produced in response to Interrogatories 29, 30, and 32, and Request for Production 18; 3) Reply to Interrogatories 31-34 and Requests for Production 47-50. Because the court is ruling in part in favor and in part against defendants, neither side has entirely prevailed on this motion. Accordingly, no attorney fees or sanctions shall be ordered pursuant to the provisions of Fed. R. Civ. P. 37(a)(5)(A). (Kirksey Smith, K)
May 1, 2018
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ORDER signed by Senior Judge William B. Shubb on 5/1/2018 DENYING 200 Defendants' Motion to Compel. (Kirksey Smith, K)
May 25, 2018
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ORDER signed by Senior Judge William B. Shubb on 5/25/2018 DENYING WITHOUT PREJUDICE 205 Plaintiffs' Motion to Remove Confidentiality Designations. (Kirksey Smith, K)
June 6, 2018
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STIPULATION and ORDER for continuance 211 signed by Senior Judge William B. Shubb on 6/6/2018 resetting the Pretrial Conference for 9/10/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
August 13, 2018
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ms: false designation of origin, federal false advertisement, California false advertisement, trademark infringement, and copyright infringement, and DENIED as to the trespass and conversion claims. The California State Grange's Motion for SummORDER re 208, 210 Motions for Summary Judgment signed by Senior Judge William B. Shubb on 8/13/2018: IT IS ORDERED that the National Grange's Motion for Summary Judgment 208 be, and the same hereby is, GRANTED as to the following claiary Judgment 208 be, and the same hereby is, DENIED. The California State Grange is dismissed as a party to this action. IT IS FURTHER ORDERED that defendants' Motion for Summary Judgment 210 be, and the same hereby is, GRANTED as to thetrial on the issue of damages. (See document for further details.) (Kirksey Smith, K) California State Grange, GRANTED as to the National Grange's claims of trespass and conversion, and DENIED as to National Grange's other claims. A Status Conference is scheduled on 9/10/2018 at 01:30 PM to discuss how to proceed with the
August 24, 2018
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ORDER signed by Senior Judge William B. Shubb on 8/24/18 ORDERING that Plaintiffs' Request to seal 209 is DENIED, without prejudice to Plaintiffs' right to submit a more tailored request which specifically states the basis for sealing or redacting these documents. (Mena-Sanchez, L)
September 5, 2018
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ORDER signed by Senior Judge William B. Shubb on 9/5/2018: Given the posture of the case, all proceedings in this case are hereby STAYED pending resolution of defendants' appeal. The Pretrial Conference scheduled for 9/10/2018, the 10/23/2018 trial date, the 10/1/2018 hearing on 229 Defendants' Motion for Clarification, and the 10/15/2018 hearing on 232 Defendants' Motion to Stay are hereby VACATED. Upon disposition of the pending appeal, counsel shall take the necessary steps to have this case placed back on calendar for further proceedings. (Kirksey Smith, K)
September 13, 2018
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ORDER DENYING WITHOUT PREJUDICE 238 Request for Entry of Judgment, signed by Senior Judge William B. Shubb on 9/13/2018. (Kirksey Smith, K)
October 22, 2018
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ORDER signed by Senior Judge William B. Shubb on 10/22/2018 DENYING 229 Defendants' Motion for Clarification and/or Reconsideration. (Kirksey Smith, K)
October 22, 2018
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ORDER signed by Senior Judge William B. Shubb on 10/22/2018 DENYING 229, 238 Defendants' Request for Entry of Judgment. (Kirksey Smith, K)
October 24, 2018
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ORDER signed by Senior Judge William B. Shubb on 10/24/2018 DENYING 247 Defendants' Motion for Sanctions and Contempt. (Kirksey Smith, K)