IN-N-OUT Burgers v. IN & OUT SMOG, Inc.

Federal Civil Lawsuit California Central District Court, Case No. 8:08-cv-01418
District Judge Andrew J. Guilford, presiding
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District Judge Andrew J. Guilford
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Summary

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Parties
No Logo In-n-out Burgers, Plaintiff

Represented by Pepper Hamilton, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Becky Hsiao +1 949 567 3500 +1 949 863 0151 hsiaob@pepperlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Salvatore Picariello +1 949 567 3511 +1 949 863 0151 picaries@pepperlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael A. Rule +1 949 567 3500 +1 866 777 8799 rulem@pepperlaw.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Michael Kelly Tillery +1 215 981 4000 +1 215 981 4750 tilleryk@pepperlaw.com
v.
No Logo IN & OUT SMOG Inc., Defendant

Represented by Madison Harbor

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED MacKenzie T Batzer +1 949 756 9050 mbatzer@madisonharbor.com
Attributes
Citation Section 15 U.S.C. § 1114
Nature of Suit 840 - Property Rights: Trademark
Timeline
  Entries (24) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 24 Filed: 12/28/2009, Entered: None
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (rla) (Entered: 12/28/2009)
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Legal Document (Payment Possibly Required) 23 Filed: 11/23/2009, Entered: None Court Filing
ORDER DISMISSING CASE by Judge Andrew J. Guilford: Having read the foregoing Stipulation 22 and good cause appearing therefore, this action is hereby ordered dismissed with prejudice, each party to bear their own attorneys fees and costs. The court shall retain jurisdiction to enforce the terms of the settlement. (Made JS-6. Case Terminated.) (wr) (Entered: 11/24/2009)
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Blank 22 Filed: 11/23/2009, Entered: None
STIPULATION to Dismiss Case pursuant to Pursuant to F.R. CIV.P. 41(a)(2) filed by Plaintiff IN-N-OUT Burgers.(Picariello, Salvatore) (Entered: 11/23/2009)
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Legal Document (Payment Possibly Required) 21 Filed: 9/15/2009, Entered: None Court Filing
ORDER by Judge Andrew J. Guilford. e NOTICE AND REQUEST of Settlement Procedure Selection (Sp3). (db) Modified on 9/16/2009 (db). (Entered: 09/16/2009)
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Legal Document (Payment Possibly Required) 20 Filed: 9/15/2009, Entered: None
NOTICE Settlement procedure Selection: Request and Notice filed by Plaintiff IN-N-OUT Burgers. (Attachments: # 1 Proposed Order re: Settlement Procedure Selection: Request and Notice)(Picariello, Salvatore) (Entered: 09/15/2009)
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Legal Document (Payment Possibly Required) 19 Filed: 7/15/2009, Entered: None
ANSWER to Amended Complaint 18 for Trademark Infringement filed by Defendant IN & OUT SMOG Inc..(Batzer, MacKenzie) (Entered: 07/15/2009)
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Legal Document (Payment Possibly Required) 18 Filed: 6/24/2009, Entered: None Amended Complaint
FIRST AMENDED COMPLAINT against defendant IN & OUT SMOG Inc. amending Complaint - (Discovery) 1 . Filed by plaintiff IN-N-OUT Burgers (ade) (Entered: 06/25/2009)
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Legal Document (Payment Possibly Required) 17 Filed: 6/23/2009, Entered: None Court Filing
ORDER by Judge Andrew J. Guilford, GRANTING LEAVE FOR PLAINTIFF TO FILE ITS FIRST AMENDED COMPLAINT 15 . Defendant has until June 26, 2009, to respond to Plaintiffs FAC. (ade) (Entered: 06/24/2009)
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Legal Document (Payment Possibly Required) 16 Filed: 6/18/2009, Entered: None
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Wrong event. Should be "Stipulation." RE: Miscellaneous Document, 15 . 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. (ade) (Entered: 06/18/2009)
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Legal Document (Payment Possibly Required) 15 Filed: 6/12/2009, Entered: None
Stipulation and [Proposed] Order Granting Leave for Plaintiff to File Its First Amended Complaint filed by Plaintiff IN-N-OUT Burgers (Attachments: # 1 Exhibit 1 - [Proposed] First Amended Compalint for Trademark Infringement, # 2 Exhibit 2 - Black-lined version of the First Amended Complaint)(Picariello, Salvatore) (Entered: 06/12/2009)
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Legal Document (Payment Possibly Required) 14 Filed: 5/14/2009, Entered: None Court Filing
MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Robert N. Block re: Stipulation for Protective Order 13 . The Court declines to issue the proposed protective order. (Please see document for details.) (nbo) (Entered: 05/15/2009)
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Legal Document (Payment Possibly Required) 13 Filed: 5/11/2009, Entered: None Court Filing
STIPULATION for Protective Order filed by Plaintiff IN-N-OUT Burgers. (Attachments: # 1 Appendix Assurance of Compliance, # 2 Proposed Order Order for Judge's Signature re Stip and Protective Order)(Picariello, Salvatore) (Entered: 05/11/2009)
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Legal Document (Payment Possibly Required) 12 Filed: 4/14/2009, Entered: None Court Filing
SCHEDULING ORDER specifying procedures by Judge Andrew J. Guilford,, Set/Reset Deadlines/Hearings:( Discovery cut-off 10/9/2009., Final Pretrial Conference set for 1/4/2010 08:30 AM before Judge Andrew J. Guilford., Jury Trial set for 1/19/2010 09:00 AM before Judge Andrew J. Guilford.) (dmjr) (Entered: 04/15/2009)
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Legal Document (Payment Possibly Required) 11 Filed: 4/14/2009, Entered: None Court Filing
MINUTES OF Scheduling Conference held before Judge Andrew J. Guilford. Set/Reset Deadlines/Hearings: Discovery cut-off 10/9/2009. Final Pretrial Conference set for 1/4/2010 08:30 AM before Judge Andrew J. Guilford. Jury Trial set for 1/19/2010 09:00 AM before Judge Andrew J. Guilford.Court Reporter: Deborah Parker. (ade, ) (Entered: 04/15/2009)
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Legal Document (Payment Possibly Required) 10 Filed: 3/20/2009, Entered: None
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff IN-N-OUT Burgers.. (Picariello, Salvatore) (Entered: 03/20/2009)
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Legal Document (Payment Possibly Required) 9 Filed: 2/6/2009, Entered: None Court Filing
ORDER by Judge Andrew J. Guilford, RE EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE: This case has been assigned to the calendar of JUDGE ANDREW J. GUILFORD. The responsibility for the progress of Federal Court litigation is upon both the attorneys and the Court. IT IS ORDERED that, as provided in Fed. R. Civ. P. 26(f), the parties shall meet at least 21 days before the Scheduling Conference, and report on the meeting in writing to the Court within 14 days after the meeting. Failure to comply may result in sanctions. IT IS FURTHER ORDERED that this case is set for a Scheduling Conference under Fed. R. Civ. P. 16(b) (See document for further details.) (Scheduling Conference set for 4/13/2009 09:00 AM before Judge Andrew J. Guilford.) (rla) (Entered: 02/10/2009)
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Legal Document (Payment Possibly Required) 8 Filed: 2/5/2009, Entered: None
ANSWER to Complaint - (Discovery) 1 with JURY DEMAND filed by Defendant IN & OUT SMOG Inc..(Batzer, MacKenzie) (Entered: 02/05/2009)
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Legal Document (Payment Possibly Required) 7 Filed: 1/21/2008, Entered: None
PROOF OF SERVICE Executed by Plaintiff IN-N-OUT Burgers, upon IN & OUT SMOG Inc. served on 1/16/2009, answer due 2/5/2009. Original Summons Not Attached. (db) (Entered: 01/26/2009)
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Legal Document (Payment Possibly Required) 6 Filed: 1/15/2009, Entered: None
NOTICE of Change of Attorney Information for attorney Salvatore Picariello counsel for Plaintiff IN-N-OUT Burgers. Adding Salvatore Picariello as attorney as counsel of record for In-N-Out Burgers, a California corporation for the reason indicated in the G-06 Notice. Filed by Plaintiff In-N-Out Burgers, a California corporation (Picariello, Salvatore) (Entered: 01/15/2009)
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Legal Document (Payment Possibly Required) 5 Filed: 12/23/2008, Entered: None Court Filing
ORDER by Judge Andrew J. Guilford Granting APPLICATION for attorney M Kelly Tillery to Appear Pro Hac Vice. (PHV FEE PAID.) 4 by M. Kelly Tillery to appear on behalf of Plaintiff IN-N-OUT Burgers. Becky Hsiao is designated as local counsel. Fee PAID. (lwag) (Entered: 12/23/2008)
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Legal Document (Payment Possibly Required) 4 Filed: 12/18/2008, Entered: None
APPLICATION for attorney M Kelly Tillery to Appear Pro Hac Vice (PHV FEE PAID) filed by Plaintiff IN-N-OUT Burgers. Lodged Order. (db) (Entered: 12/18/2008)
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Legal Document (Payment Possibly Required) 3 Filed: 12/16/2008, Entered: None
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by IN-N-OUT Burgers. (lwag, ) (Entered: 12/18/2008)
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Legal Document (Payment Possibly Required) 2 Filed: 12/16/2008, Entered: None
Certificate of Interested Parties filed by plainitff IN-N-OUT Burgers, (jal) (lwag, ). (Entered: 12/17/2008)
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Legal Document (Payment Possibly Required) 1 Filed: 12/16/2008, Entered: None
COMPLAINT against Defendant IN & OUT SMOG, Inc..(Filing fee $ 350) Jury Demanded., filed by plaintiff IN-N-OUT Burgers.(jal) Modified on 12/17/2008 (jal). (lwag, ). (Entered: 12/17/2008)
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