#: 2:10-cv-06195-SJO -JC
L.A. Triumph, Inc. v. Madonna Louise Veronica Ciccone et al Date Filed: 08/19/2010 Assigned to: Judge S. James Otero Jury Demand: Both Referred to: Magistrate Judge Jacqueline Chooljian Nature of Suit: 840 Trademark Cause: 15:1125 Trademark Infringement (Lanham Act) Jurisdiction: Federal Question Plaintiff represented by John Tehranian L.A. Triumph, Inc. a California corporation One LLP West Tower 4000 MacArthur Boulevard Suite 1100 Newport Beach, CA 92660 949-502-2870 Fax: 949-258-5081 Email: jtehranian@onellp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Christopher W Arledge One LLP West Tower 4000 MacArthur Boulevard Suite 1100 Newport Beach, CA 92660 949-502-2870 Fax: 949-258-5081 Email: carledge@onellp.com ATTORNEY TO BE NOTICED Imran Farooq Vakil One LLP West Tower 4000 MacArthur Boulevard Suite 1100 Newport Beach, CA 92660 949-502-2870 Fax: 949-258-5081 Email: ivakil@onellp.com ATTORNEY TO BE NOTICED Peter R Afrasiabi One LLP West Tower 4000 MacArthur Boulevard Suite 1100 Newport Beach, CA 92660 949-502-2870 Fax: 949-258-5081 Email: pafrasiabi@onellp.com ATTORNEY TO BE NOTICED
represented by George M Belfield Greenberg Traurig 2450 Colorado Ave, Ste 400E Santa Monica, CA 90404 310-586-7700 Email: belfieldg@gtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Alana Christina Srour Greenberg Traurig LLP 2450 Colorado Avenue Suite 400E Santa Monica, CA 90404 310-586-7700 Fax: 310-586-7800 Email: sroura@gtlaw.com ATTORNEY TO BE NOTICED Nina D Boyajian Greenberg Traurig LLP 2450 Colorado Avenue, Suite 400E Santa Monica, CA 90404-5524 310-586-6587 Fax: 310-586-7800 Email: boyajiann@gtlaw.com ATTORNEY TO BE NOTICED
represented by George M Belfield (See above for address) LEAD ATTORNEY Nina D Boyajian (See above for address) ATTORNEY TO BE NOTICED
represented by George M Belfield (See above for address) LEAD ATTORNEY Nina D Boyajian (See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Macy's Retail Holdings, Inc a Delaware corporation
represented by George M Belfield (See above for address) LEAD ATTORNEY Nina D Boyajian (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Docket Text COMPLAINT against Defendants Does 1 through 10, inclusive, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone. Case assigned to Judge S. James Otero for all further proceedings. Discovery referred to Magistrate Judge Jacqueiline Chooljian.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff L.A. Triumph, Inc. (et) (ds). (Entered: 08/19/2010) 21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Does 1 through 10, inclusive, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone. (et) (Entered: 08/19/2010)
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CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff L.A. Triumph, Inc. (et) (ds). (Entered: 08/19/2010) NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (et) (Entered: 08/19/2010) NOTICE TO PARTIES OF ADR PROGRAM filed. (et) (Entered: 08/19/2010) INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE S. JAMES OTERO by Judge S. James Otero. Read This Order Carefully. It Controls This Case and Differs in Some Respects From the Local Rules. (See Order for Details). (sch) (Entered: 08/23/2010) REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by L.A. Triumph, Inc.. (Afrasiabi, Peter) (Entered: 08/25/2010) CERTIFICATION AND NOTICE OF INTERESTED PARTIES of Interested Parties filed by Defendants, Madonna Louise Veronica Ciccone and Material Girl Brand, LLC All Defendants, (Boyajian, Nina) (Entered: 09/16/2010)
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FIRST STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants, Madonna Louise Veronica Ciccone and Material Girl Brand, LLC Madonna Louise Veronica Ciccone.(Boyajian, Nina) (Entered: 09/16/2010) FIRST AMENDED COMPLAINT against Defendants Madonna Louise Veronica Ciccone, Does, Material Girl Brand, LLC, MG Icon, Macy's Retail Holdings, Inc, and DOES 1 through 10, amending Complaint 1 ; filed by Plaintiff L.A. Triumph. Inc. (mg) (mg). (Entered: 10/13/2010) PROOF OF SERVICE Executed by Plaintiff L.A. Triumph, Inc., upon Defendant Macy's Retail Holdings, Inc served on 10/14/2010, answer due 11/4/2010. Service of the Summons and Complaint were executed upon Paul Mathews, Authorized to Accept Service at Registered Agent Corporation Service Company in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. PROOF OF SERVICE OF SUMMONS AND FIRST AMENDED COMPLAINT (Arledge, Christopher) (Entered: 10/29/2010) ANSWER to Amended Complaint 9 with JURY DEMAND filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone.(Belfield, George) (Entered: 10/29/2010) NOTICE OF MOTION AND MOTION to Dismiss First Claim for Declaratory Relief filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone. Motion set for hearing on 11/29/2010 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration of Nina Boyajian ISO Motion to Dismiss First Claim for Declaratory Relief, # 2 Request for Judicial Notice ISO Motion to Dismiss First Claim for Declaratory Relief, # 3 Proposed Order Granting Motion to Dismiss First Claim for Declaratory Relief)(Belfield, George) (Entered: 10/29/2010) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MG Icon defendants Answer to Complaint (Discovery) 11 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. 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. (lc) (Entered: 11/01/2010) ANSWER to Amended Complaint 9 filed by Defendant Macy's Retail Holdings, Inc.(Belfield, George) (Entered: 11/03/2010) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Macy Retail Answer to Complaint (Discovery) 14 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. 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
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court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 11/03/2010) 11/03/2010 16 CERTIFICATE of Interested Parties filed by Defendants MG Icon, Macy's Retail Holdings, Inc, identifying Defendant and Parent company of Defendant Macys Retail Holdings, Inc.. (Boyajian, Nina) (Entered: 11/03/2010) MINUTE ORDER IN CHAMBERS by Judge S. James Otero:( Scheduling Conference set for 1/10/2011 08:30 AM before Judge S. James Otero.) (sce) (Entered: 11/03/2010) MEMORANDUM in Opposition to MOTION to Dismiss First Claim for Declaratory Relief 12 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 11/08/2010) OBJECTION TO EVIDENCE re: Declaration of Nina Boyajian re: MOTION to Dismiss First Claim for Declaratory Relief 12 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 11/08/2010) REPLY In Support Of MOTION to Dismiss First Claim for Declaratory Relief 12 filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone. (Belfield, George) (Entered: 11/15/2010) Objections to Declaraiton of Christopher W. Arledge In Support Of re: MOTION to Dismiss First Claim for Declaratory Relief 12 filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone. (Belfield, George) (Entered: 11/15/2010) MINUTE ORDER IN CHAMBERS by Judge S. James Otero: MOTION to Dismiss First Claim for Declaratory Relief 12 , scheduled for hearing on November 29, 2010, is taken under submission. Accordingly, the hearing date is vacated. Order will issue. (sce) (Entered: 11/22/2010) STIPULATION for Protective Order filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone. (Attachments: # 1 Proposed Order Governing the Use and Maintenance of Confidential Material)(Belfield, George) (Entered: 12/13/2010) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff L.A. Triumph, Inc... (Arledge, Christopher) (Entered: 12/27/2010) PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order, 23 . See order for details. (hr) (Entered: 12/28/2010) MINUTES OF Scheduling Conference held before Judge S. James
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Otero;Reference of the above case to the Alternative Dispute Resolution Pilot Program, General Order 02-07, is vacated. The Court sets the following schedule: last date to amend or add parties :2/11/11 ; discovery cutoff: 7/11/11 ; motion hearing cutoff: 8/29/11 10:00 AM; pretrial conference: 10/3/11 9:00 AM; Jury trial: 10/11/11 9:00 AM; Settlement conference referred to private mediation; all discovery dispute to be brought before magistrate judge assigned to the case; parties reminded of requirements of FRCP 26-1(a); counsel are advised all pretrial documents (as listed) must be filed in compliance with Courts Initial Standing order.Court Recorder: CS: 1/10/11. (lc) (Entered: 01/11/2011) 02/16/2011 27 ORDER by Judge S. James Otero: Defendant's Motion to Dismiss First Claim for Declaratory Relief is GRANTED 12 . Madonna Louise Veronica Ciccone is terminated as a defendant in this action. Defendant's Request for Judicial Notice is GRANTED. Defendant's Evidentiary Objections, however, are OVERRULED. Plaintiff's Evidentiary Objections are OVERRULED IN PART AND SUSTAINED IN PART. A Status Conference is hereby set for March 14, 2011 at 8:30 A.M. (lc) (Entered: 02/16/2011) MINUTE ORDER (IN CHAMBERS) by Judge S. James Otero. The Court vacates and takes off calendar the Status Conference set for Monday, March 14, 2011. All other dates set shall remain. (sch) (Entered: 03/11/2011) NOTICE of Manual Filing filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone of Application to File Under Seal and Notice of Motion and for Summary Judgment or Summary Adjudication and All Supporting Documents. (Belfield, George) (Entered: 05/03/2011) NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. Motion set for hearing on 5/31/2011 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Statement of Uncontroverted Facts and Conclusions of Law ISO Motion for Summary Judgment, # 2 Declarations ISO Motion for Summary Judgment, # 3 Proposed Order Granting Motion for Summary Judmgnet (Alternative No. 1 of 2), # 4 Proposed Order Granting Motion for Summary Judmgnet (Alternative No. 2 of 2))(Belfield, George) (Entered: 05/03/2011) NOTICE of Continuance of MOTION for Summary Judgment as to First Amended Complaint 30 (Belfield, George) (Entered: 05/04/2011) EX PARTE APPLICATION for Order for a Continuance of the Hearing on Defendants' Motion for Summary Judgment filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Declaration of Christopher W. Arledge in Support Thereof with Exhibits 1 through 6, # 2 Proposed Order, # 3 Notice of Lodging of Proposed Order)(Arledge, Christopher) (Entered: 05/05/2011) OPPOSITION to EX PARTE APPLICATION for Order for a Continuance of the Hearing on Defendants' Motion for Summary Judgment 32 filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Belfield, George) (Entered: 05/06/2011)
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NOTICE of Change of Attorney Information for attorney Alana Christina Srour counsel for Defendant Madonna Louise Veronica Ciccone. Filed by Defendant Madonna Louise Veronica Ciccone (Srour, Alana) (Entered: 05/09/2011) NOTICE of Appearance filed by attorney John Tehranian on behalf of Plaintiff L.A. Triumph, Inc. (Tehranian, John) (Entered: 05/09/2011) MINUTES (IN CHAMBERS): ORDER DENYING Defendants' Application to File Under Seal 29 ; STRIKING Defendants' Motion for Summary Judgment 30 ; DEEMING MOOT Plaintiff's Ex Parte Application for Continuance 32 by Judge S. James Otero. As stated above, the Court strikes Defendants' Motion for Summary Judgment because of Defendants' failure to comply with the Standing Order and Local Rules. Because the Motion has been stricken, Plaintiff's request for a continuance of the hearing on that Motion is MOOT. Moreover, the Court's Standing Order expressly states that "the magistrate judge assigned to the case will rule on discovery motions." The Court will not encroach upon the proper purview of the Magistrate Judge. (sch) (Entered: 05/12/2011) NOTICE OF MOTION AND MOTION to Compel Deposition of Madonna Louise Veronica Ciccone filed by Plaintiff L.A. Triumph, Inc.. Motion set for hearing on 6/7/2011 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: # 1 Joint Stipulation on Plaintiff's Motion to Compel Deposition, # 2 Declaration of Christopher W. Arledge in Support of Motion to Compel Deposition, # 3 Exhibit A through K to Declaration of Christopher W. Arledge, # 4 Declaration of Madonna Louise Veronica Ciccone and Nina D. Boyajian in Opposition to Plaintiff's Motion to Compel Deposition, # 5 Exhibit A through T to Declarations of Ciccone and Boyajian, # 6 Appendix A to Joint Stipulation, # 7 Proposed Order)(Vakil, Imran) (Entered: 05/13/2011) NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. Motion set for hearing on 6/20/2011 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Separate Statement of Uncontroverted Facts and Conclusions of Law ISO Defendants' MSJ, # 2 Declarations ISO Defendants' MSJ, # 3 Exhibits to Declarations ISO Defendants' MSJ, # 4 Proposed Order Granting Defendants' MSJ (Alternative No. 1 of 2), # 5 Proposed Order Granting Defendants' MSJ (Alternative No. 2 of 2))(Belfield, George) (Entered: 05/16/2011) EX PARTE APPLICATION for Order for Continuance of Hearing Date on Defendants' Motion for Summary Judgment filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Declaration of Christopher W. Arledge in Support Thereof; Exhibit 1 to Declaration, # 2 Notice of Lodging of Proposed Order, # 3 Proposed Order)(Arledge, Christopher) (Entered: 05/17/2011) NOTICE of Manual Filing filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC of Application to File Under Seal and Motion for Summary Judgment. (Belfield, George) (Entered: 05/17/2011)
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OPPOSITION to EX PARTE APPLICATION for Order for Continuance of Hearing Date on Defendants' Motion for Summary Judgment 39 filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Attachments: # 1 Declaration of George M. Belfield ISO Defendants' Opposition to Plaintiff's Second Ex Parte Application for An Order Granting a Continuance of Hearing Date On Defendants' MSJ)(Belfield, George) (Entered: 05/18/2011) OPPOSITION [PARTIAL] to Defendants' Ex Parte Application to File Under Seal Defendants' Motion for Summary Judgment filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 05/18/2011) REPLY in Support of EX PARTE APPLICATION for Order for Continuance of Hearing Date on Defendants' Motion for Summary Judgment 39 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 05/19/2011) SUPPLEMENT to MOTION to Compel Deposition of Madonna Louise Veronica Ciccone 37 filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Declaration of Christopher W. Arledge in Support Thereof, # 2 Exhibit A to Declaration - Excerpts from Deposition of Dell Furano)(Arledge, Christopher) (Entered: 05/24/2011) SUPPLEMENT to MOTION to Compel Deposition of Madonna Louise Veronica Ciccone 37 filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Attachments: # 1 Declaration Of George M. Belfield ISO Supplemental Brief, # 2 Objections to Declaration of Christopher W. Arledge ISO Plaintiff's Motion to Compel Madonna's Deposition)(Belfield, George) (Entered: 05/24/2011) STIPULATION for Protective Order filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Attachments: # 1 Proposed Order Amended)(Belfield, George) (Entered: 05/26/2011) STATEMENT of Plaintiff's Under Seal Filing and Supplemental Rule 56(d) Statement in Opposition to MOTION for Summary Judgment as to First Amended Complaint 38 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 05/30/2011) OBJECTION in opposition re: MOTION for Summary Judgment as to First Amended Complaint 38 - Evidentiary Objections to Defendants' Declarations Filed in Support of Their Summary Judgment Motion, filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 05/30/2011) Opposition re: MOTION for Summary Judgment as to First Amended Complaint 38 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 05/30/2011) STATEMENT of of Genuine Issues of Material Fact and Conclusions of Law and Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law in Support of Their Motion for Summary Judgment or Summary Adjudication MOTION for Summary Judgment as to First
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Amended Complaint 38 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 05/30/2011) 05/30/2011 51 DECLARATION of Christopher W. Arledge in support of OPPOSITION to MOTION for Summary Judgment as to First Amended Complaint 38 filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P)(Arledge, Christopher) (Entered: 05/30/2011) DECLARATION of Hafiz Lakhani in support of OPPOSITION to MOTION for Summary Judgment as to First Amended Complaint 38 filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Arledge, Christopher) (Entered: 05/30/2011) DECLARATION of Amin Lakhani in support of OPPOSITION to MOTION for Summary Judgment as to First Amended Complaint 38 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 05/30/2011) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related) 49 . The following error(s) was found: Incorrect event selected. No protective order on file to allow under seal filings. No notice of manual filing of under seal documents; under seal documents to be manually filed with civil intake. 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. (lc) (Entered: 05/31/2011) NOTICE of Manual Filing filed by Plaintiff L.A. Triumph, Inc. of Application to File Documents Under Seal Pursuant to Protective Order; [Proposed] Order Granting Application to File Documents Under Seal; Exhibits D, H, I and M to the Declaration of Christopher W. Arledge in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment. (Arledge, Christopher) (Entered: 05/31/2011) NOTICE OF MOTION AND MOTION to Compel Production of Unredacted Agreements and Other Agreements Not Produced filed by Plaintiff L.A. Triumph, Inc.. Motion set for hearing on 6/21/2011 at 09:30 AM before Judge S. James Otero. (Arledge, Christopher) (Entered: 05/31/2011) JOINT STIPULATION to MOTION to Compel Production of Unredacted Agreements and Other Agreements Not Produced 56 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 05/31/2011) DECLARATION of Christopher W. Arledge in Support of MOTION to Compel Production of Unredacted Agreements and Other Agreements Not Produced 56 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher)
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(Entered: 05/31/2011) 05/31/2011 59 DECLARATION of Imran F. Vakil in Support of MOTION to Compel Production of Unredacted Agreements and Other Agreements Not Produced 56 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 05/31/2011) PROOF OF SERVICE filed by Plaintiff L.A. Triumph, Inc., Service of Plaintiff's Application to File Documents Under Seal; [Proposed] Order Granting Application to File Documents Under Seal; and Exhibits D, H, M, and I to Declaration of Christopher W. Arledge in Opposition to Defendants' Motion for Summary Judgment served on 05/31/2011. (Arledge, Christopher) (Entered: 05/31/2011) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Compel Production of Unredacted Agreements and Other Agreements Not Produced 56 . The following error(s) was found: Hearing information is incorrect. 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. (hr) (Entered: 06/01/2011) NOTICE of Manual Filing filed by Plaintiff L.A. Triumph, Inc. of Application to File Declaration of Christopher W. Arledge in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment with Accompanying Exhibits Under Seal Pursuant to Protective Order; [Proposed] Order Granting Application to File Under Seal. (Arledge, Christopher) (Entered: 06/01/2011) NOTICE OF ERRATA filed by Plaintiff L.A. Triumph, Inc.. correcting Objection/Opposition (Motion related) 49 Amended Opposition Filed Concurrently Herewith (Arledge, Christopher) (Entered: 06/01/2011) Amended Opposition to Defendants' Motion for Summary Judgment or Summary Adjudication of Issues and Supporting Documents re: MOTION for Summary Judgment as to First Amended Complaint 38 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 06/01/2011) APPLICATION for Order for to file declaration of Christopher W Arledge in support of opposition to defendants motion for summary judgment and exhibits under seal filed by plaintiff L.A. Triumph, Inc.. Lodged order. (lc) (Entered: 06/02/2011) NOTICE OF DISCREPANCY AND ORDER: by Judge S. James Otero, ORDERING application and order submitted by Plaintiff L.A. Triumph, Inc. received on 5/3/11 is not to be filed but instead rejected. Denial based on: no notice of manual filing, no protective order, no detailed face page on envelope. (lc) (Entered: 06/03/2011) EX PARTE APPLICATION for Hearing as to Strike Plaintiff's Supplemental Memorandum In Support of Motion to Compel the
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Attendance at Deposition of Madonna Louise Veronica Ciccone re Supplement(Motion related), Supplement(Motion related) 44 filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Belfield, George) (Entered: 06/02/2011) 06/02/2011 68 ORDER (1) VACATING HEARING DATE AND TAKING PLAINTIFF'S MOTION UNDER SUBMISSION; AND (2) DENYING PLAINTIFF'S MOTION (DOCKET NO. 37) AND SANCTIONS REQUESTS by Magistrate Judge Jacqueline Chooljian re: 37 Motion to Compel Deposition. The court finds Plaintiff's Motion appropriate for decision without oral argument. The hearing calendared for June 7, 2011 is hereby vacated and the matter taken off calendar. 1. Plaintiff's Motion is denied. 2. The parties and Ciccone's respective requests for monetary sanctions are denied. See order for details. (hr) (Entered: 06/03/2011) ORDER by Magistrate Judge Jacqueline Chooljian: denying as moot 66 Ex Parte Application for Hearing. Defendants' Ex Parte Application to Strike Plaintiff's Supplemental Memorandum in Support of Motion to Compel the Attendance at Deposition of Madonna Louise Veronica Ciccone, which appears to have been filed before, but was not received by this Court until after the Court issued its ruling on plaintiff's motion to compel, is moot and is denied as such. (hr) (Entered: 06/03/2011) AMENDED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 46 . See order for details. (hr) (Entered: 06/03/2011) MINUTE ORDER (IN CHAMBERS) CONTINUING HEARING ON IMPROPERLY NOTICED MOTION by Magistrate Judge Jacqueline Chooljian re: MOTION to Compel Production of Unredacted Agreements and Other Agreements Not Produced 56 . As Plaintiff's Motion was not properly noticed for hearing on June 21, 2011 and in order to bring this matter in compliance with the Local Rules, the hearing on Plaintiff's Motion is continued to June 28, 2011 at 9:30 a.m. Defendants' opposing papers are due on June 7, 2011. Plaintiff's reply is due on June 14, 2011. [SEE ORDER FOR FURTHER DETAILS] (hr) (Entered: 06/03/2011) REPLY In Support Of MOTION for Summary Judgment as to First Amended Complaint 38 filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Attachments: # 1 Evidentiary Objections to Christopher Arledge Decl. ISO Opposition to MSJ, # 2 Evidentiary Objections to Amin Lakhani Decl. ISO Opposition to MSJ, # 3 Evidentiary Objections to Hafiz Lakhani Decl. ISO Opposition to MSJ) (Belfield, George) (Entered: 06/06/2011) OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF UNREDACTED AGREEMENTS AND OTHER AGREEMENTS NOT PRODUCED re: MOTION to Compel Production of Unredacted Agreements and Other Agreements Not Produced 56 filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone. (Attachments: # 1 Defendants' Evidentiary Objections to Declaration of Christopher W. Arledge in Support of Plaintiff's
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Motion to Compel Production of Unredacted Agreements and Other Agreements Not Producted, # 2 Defendants' Evidentiary Objections to Declaration of Imran F. Vakil in Support of Plaintiff's Motion to Compel Production of Unredacted Agreements and Other Agreements Not Produced, # 3 Declaration of Nina D. Boyajian in Support of Defendants' Opposition to Plaintiff's Motion to Compel Production of Unredacted Agreements and Other Agreements Not Produced)(Belfield, George) (Entered: 06/07/2011) 06/13/2011 74 SUPPLEMENT filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Supplemental Statement of Genuine Issues of Material Fact and Conclusions of Law and Supplemental Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law in Support of Their Motion for Summary Judgment or Summary Adjudication, # 2 Declaration of Peter R. Afrasiabi in Support of Plaintiff's Supplemental Statement, # 3 Exhibit 1 to Declaration of Peter R. Afrasiabi, # 4 Exhibit 2 to Declaration of Peter R. Afrasiabi)(Afrasiabi, Peter) (Entered: 06/13/2011) MINUTES (IN CHAMBERS) by Judge S. James Otero: The parties are advised that MOTION for Summary Judgment as to First Amended Complaint filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. 38 ,scheduled for hearing on June 20, 2011, is taken under submission. Accordingly, the hearing date is vacated. Order will issue. (lc) (Entered: 06/14/2011) DECLARATION of Christopher W. Arledge in opposition to MOTION for Summary Judgment as to First Amended Complaint 38 AND IN SUPPORT OF PLAINTIFF'S SUPPLEMENTAL STATEMENT OF GENUINE ISSUES OF MATERIAL FACT AND CONCLUSIONS OF LAW AND SUPPLEMENTAL RESPONSE TO DEFENDANTS' FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION, FILED BY PLAINTIFF 06/13/2011 74 , filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Exhibit 1)(Arledge, Christopher) (Entered: 06/14/2011) STIPULATION File File Exhibits D, H and I to Declaration of Christopher W. Arledge and Declaration of Samantha Copeman and Corresponding Uncontroverted Fact re Defendants' Motion for Summary Judgment Under Seal filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Attachments: # 1 Proposed Order)(Belfield, George) (Entered: 06/14/2011) EX PARTE APPLICATION to Strike re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 76 , Supplement(Motion related), Supplement(Motion related), Supplement(Motion related) 74 filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Attachments: # 1 Declaration of George M. Belfield, # 2 Proposed Order)(Belfield, George) (Entered: 06/15/2011) OPPOSITION re: EX PARTE APPLICATION to Strike re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 76 , Supplement(Motion related), Supplement(Motion related),
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Supplement(Motion related) 74 EX PARTE APPLICATION to Strike re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 76 , Supplement(Motion related), Supplement(Motion related), Supplement(Motion related) 74 78 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 06/16/2011) 06/16/2011 80 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING DEFENDANTS' APPLICATION TO FILE UNDER SEAL 40 ; STRIKING DEFENDANTS' MOTION FOR SUMMARYJUDGMENT 38 ; DENYING PLAINTIFF'S EX PARTE APPLICATION FOR CONTINUANCE OF HEARING DATE AND REQUEST FOR SANCTIONS 39 ; DENYING PLAINTIFF'S APPLICATION TO FILE UNDER SEAL 55 , 65 . (lc) (Entered: 06/16/2011) NOTICE OF MOTION AND MOTION to Compel Defendant MG Icon's Production of Documents Responsive to RFP's 24, 63, 74-76 filed by Plaintiff L.A. Triumph, Inc.. Motion set for hearing on 7/12/2011 at 09:30 AM before Magistrate Judge Jacqueline Chooljian. (Attachments: # 1 Joint Stipulation, # 2 Declaration of Peter R. Afrasiabi in Support Thereof, # 3 Exhibit A to Declaration of Peter R. Afrasiabi, # 4 Exhibit B to Declaration of Peter R. Afrasiabi, # 5 Exhibit C to Declaration of Peter R. Afrasiabi, # 6 Declaration of Nina D. Boyajian in Support of Defendants' Opposition to Plaintiff's Motion to Compel MG Icon's Production of Documents, # 7 Exhibit A to Declaration of Nina D. Boyajian, # 8 Exhibit B to Declaration of Nina D. Boyajian, # 9 Exhibit C to Declaration of Nina D. Boyajian, # 10 Exhibit D to Declaration of Nina D. Boyajian)(Arledge, Christopher) (Entered: 06/20/2011) Notice of Withdrawal of Motion to Compel 56 filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Proposed Order)(Arledge, Christopher) (Entered: 06/21/2011) ORDER VACATING HEARING DATE ON WITHDRAWN MOTION by Magistrate Judge Jacqueline Chooljian, re Notice of Withdrawal 82 . In light of Plaintiff's withdrawal of Plaintiff's Motion to Compel Production of Unredacted Agreements and Other Agreements Not Produced, the June 28, 2011 9:30 hearing on such matter is vacated. (hr) (Entered: 06/22/2011) DENIED BY ORDER OF THE COURT by Judge S. James Otero, re Stipulation to Seal, 77 . Denied (rp) (Entered: 06/23/2011) DENIED BY ORDER OF THE COURT by Judge S. James Otero: Denying 78 Ex Parte Application to Strike. (rp) (Entered: 06/23/2011) EX PARTE APPLICATION for Order for Granting Defendant's Ex Parte Application Requesting Court to Consider and Decide Defendants' Re-Filed Motion for Summary Judgment filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Attachments: # 1 Declaration of Nina Boyajian ISO Thereof, # 2 Proposed Order)(Belfield, George) (Entered: 06/27/2011) NOTICE OF MOTION AND MOTION for Summary Judgment as to First
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Amended Complaint filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. Motion set for hearing on 7/25/2011 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration ISO Motion for Summary Judgment, # 2 Exhibit to Declarations ISO of Motion for Summary Judgment, # 3 Statement of Uncontroverted Facts and Conclusions of Law, # 4 Proposed Order (1 of 2), # 5 Proposed Order (2 of 2))(Belfield, George) (Entered: 06/27/2011) 06/29/2011 88 OPPOSITION re: EX PARTE APPLICATION for Order for Granting Defendant's Ex Parte Application Requesting Court to Consider and Decide Defendants' Re-Filed Motion for Summary Judgment 86 Without Further Notice and Opposition/Reply Papers filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Declaration of Christopher W. Arledge in Support Thereof)(Arledge, Christopher) (Entered: 06/29/2011) NOTICE of Manual Filing filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone of 1) Ex Parte Application To File Under Seal Exhibits D, H And I To Declaration Of Christopher W. Arledge Filed In Opposition To Defendants Motion For Summary Judgment Or Summary Adjudication Of Issues; 2) Declaration Of George M Belfield In Support Of Defendants' Ex Parte Application To File Under Seal Exhibits D, H And I To Declaration Of Christopher W. Arledge Filed In Opposition To Defendants' Motion For Summary Judgment Or Summary Adjudication Of Issues; 3) Declaration Of Nina D. Boyajian In Support Of Defendants Ex Parte Application To File Under Seal Exhibits D, H And I To Declaration Of Christopher W. Arledge Filed In Opposition To Defendants Motion For Summary Judgment Or Summary Adjudication Of Issues; 4) [Proposed] Order Granting Defendants' Ex Parte Application To File Under Seal Exhibits D, H And I To Declaration Of Christopher W. Arledge Filed In Opposition To Defendants' Motion For Summary Judgment Or Summary Adjudication Of Issues. (Boyajian, Nina) (Entered: 06/29/2011) OPPOSITION re: MOTION for Summary Judgment as to First Amended Complaint 87 filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Statement of Genuine Issues of Material Fact and Conclusions of Law in Response to Defendants' Statement of Uncontroverted Facts and Conclusions of Law in Support of Their Motion for Summary Judgment or Summary Adjudication)(Arledge, Christopher) (Entered: 07/02/2011) DECLARATION of Christopher W. Arledge in Opposition to MOTION for Summary Judgment as to First Amended Complaint 87 filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T)(Arledge, Christopher) (Entered: 07/02/2011) DECLARATION of Hafiz Lakhani in Opposition to MOTION for Summary Judgment as to First Amended Complaint 87 filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Arledge, Christopher) (Entered: 07/02/2011)
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DECLARATION of Amin Lakhani in Opposition to MOTION for Summary Judgment as to First Amended Complaint 87 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 07/02/2011) EVIDENTIARY OBJECTIONS to Defendants' Declarations re: MOTION for Summary Judgment as to First Amended Complaint 87 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 07/05/2011) Notice of Withdrawal of Motion to Compel,,, 81 filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 07/05/2011) ORDER VACATING HEARING DATE ON WITHDRAWN MOTION (DOCKET NO. 81 ) by Magistrate Judge Jacqueline Chooljian: In light of Plaintiff's withdrawal of Plaintiff's Motion to Compel Production of Documents, [Etc.], the July 12, 2011 9:30 hearing on such matter is vacated. (hr) (Entered: 07/05/2011) REPLY In Support Of MOTION for Summary Judgment as to First Amended Complaint 87 filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Belfield, George) (Entered: 07/11/2011) Evidentiary Objections to Declarations re MOTION for Summary Judgment as to First Amended Complaint 87 re Christopher W. Arledge Declaration filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Attachments: # 1 Evidentiary Objections to Declaration of Hafiz Lakhani, # 2 Evidentiary Objections to Declaration of Amin Lakhani) (Belfield, George) (Entered: 07/11/2011) DECLARATION of Christopher W. Arledge in Opposition to MOTION for Summary Judgment as to First Amended Complaint 87 Re Expert Report in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by Plaintiff L.A. Triumph, Inc.. (Attachments: # 1 Exhibit 1 Expert Report of Anthony Sarabia)(Arledge, Christopher) (Main Document 99 replaced on 8/3/2011) (sch). (Attachment 1 replaced on 8/3/2011) (sch). (Entered: 07/14/2011) MINUTES (IN CHAMBERS): ORDER by Judge S. James Otero. The parties are advised that the MOTION for Summary Judgment as to First Amended Complaint filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. 87 , scheduled for hearing on July 25, 2011, are taken under submission. Accordingly, the hearing date is vacated. Order will issue. (sch) (Entered: 07/19/2011) STIPULATION for Order Removing Document No. 99 from the Public Record and Replacing it with an Amended and Redacted Version of the Same Document filed by Defendants MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC. (Attachments: # 1 Exhibit A (Amended CWA Decl re Expert Report), # 2 Exhibit 1 to CWA Decl (Redacted Expert Report), # 3 Proposed Order Granting Removal of Doc. 99 from the Public Record)(Boyajian, Nina) (Entered: 07/19/2011)
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EX PARTE APPLICATION for Order for to Strike Declaration of Christopher W. Arledge re Expert Report in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment or Summary Adjudication of Issues and Supporting Documents, or, in the Alternative, Placing the Declaration and Expert Report Under Seal filed by DEFENDANTS MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone. (Attachments: # 1 Declaration of George M. Belfield, # 2 Declaration of Nina D. Boyajian, # 3 Exhibit A to Declaration of Nina D. Boyajian, # 4 Proposed Order)(Boyajian, Nina) (Entered: 07/19/2011) OPPOSITION re: EX PARTE APPLICATION for Order for to Strike Declaration of Christopher W. Arledge re Expert Report in Support of Plaintiffs Opposition to Defendants Motion for Summary Judgment or Summary Adjudication of Issues and Supporting Documents, or, in the Al 102 PARTIAL OPPOSITION filed by Plaintiff L.A. Triumph, Inc.. (Arledge, Christopher) (Entered: 07/20/2011) ORDER GRANTING JOINT STIPULATION RE REMOVING DOCUMENT NO.99 FROM THE PUBLIC RECORD AND REPLACING IT WITH AN AMENDED AND REDACTED VERSION OF THE SAME DOCUMENT by Judge S. James Otero, re Stipulation for Order, 101 (bp) (Entered: 07/29/2011) STIPULATION to Continue MEDIATION COMPLETION DATE from 92-2011 to 9-13-2011 Re: Order 5 filed by DEFENDANTS MG Icon, Macy's Retail Holdings, Inc, Material Girl Brand, LLC, Madonna Louise Veronica Ciccone. (Attachments: # 1 Proposed Order)(Boyajian, Nina) (Entered: 08/19/2011) ORDER GRANTING PARTIES' JOINT STIPULATION EXTENDING MEDIATION COMPLETION DATE by Judge S. James Otero. It is hereby ORDERED that the settlement conference completion date is extended from September 2, 2011 to September 13, 2011 so that the parties may complete the mediation scheduled for September 13, 2011. (bp) (Entered: 08/25/2011) MINUTES (IN CHAMBERS): ORDER Denying Defendant's Motion for Summary Judgment 87 by Judge S. James Otero. For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. (See Order for Details). (sch) (Entered: 09/01/2011)
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