2:19-cv-05836 - Transaction Secure LLC v. DeviantArt Inc

Detail

Case Number

2:19-cv-05836

Current Status

closed

Cause of Action

Infringement

Related Case(s)

N/A

Court

California Central District Court

Plaintiff(s)

Transaction Secure LLC

NPE (Individual)

Defendant(s) SME

DeviantArt Inc

Judge

Philip S. Gutierrez

Filing Date

2019-07-08

Termination Date

2019-11-04

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
DOCUMENT STRICKEN ON 8/13/19. APPLICATION of Non-Resident Attorney Scott J. Pivnick to Appear Pro Hac Vice on behalf of Defendant DeviantArt, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24232297) filed by Defendant DeviantArt, Inc.. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Proposed Order) (Abe, Hidetada) Modified on 8/13/2019 (bm). (Entered: 08/08/2019)
DOCUMENT STRICKEN ON 8/13/19. APPLICATION of Non-Resident Attorney Lauren C. Bolcar to Appear Pro Hac Vice on behalf of Defendant DeviantArt, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24232336) filed by Defendant DeviantArt, Inc.. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Proposed Order) (Abe, Hidetada) Modified on 8/13/2019 (bm). (Entered: 08/08/2019)
APPLICATION of Non-Resident Attorney Sean Bedford to Appear Pro Hac Vice on behalf of Defendant DeviantArt, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24232355) filed by Defendant DeviantArt, Inc.. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Proposed Order) (Abe, Hidetada) (Entered: 08/08/2019)
APPLICATION of Non-Resident Attorney Lauren C. Bolcar to Appear Pro Hac Vice on behalf of Defendant DeviantArt, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 8/8/2019, Receipt No. 0973-24232336) filed by Defendant DeviantArt, Inc.. (Attachments: # 1 Exhibit 1 DC Certificate of Good Standing, # 2 Exhibit 2 NY Certificate of Good Standing, # 3 Exhibit 3 NJ Certificate of Good Standing, # 4 Proposed Order) (Abe, Hidetada) (Entered: 08/27/2019)
NOTICE OF MOTION AND MOTION to Dismiss Case FOR FAILURE TO STATE A CLAIM UNDER F.R.C.P. 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant DeviantArt, Inc.. Motion set for hearing on 11/4/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration of H. James Abe ISO Motion to Dismiss, # 2 Exhibit A ISO Decl. of H. James Abe, # 3 Exhibit B ISO Decl. of H. James Abe, # 4 Proposed Order) (Abe, Hidetada) (Entered: 09/03/2019)
APPLICATION of Non-Resident Attorney Scott J. Pivnick to Appear Pro Hac Vice on behalf of Defendant DeviantArt, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 8/8/2019, Receipt No. 0973-24232297) filed by Defendant DeviantArt, Inc.. (Attachments: # 1 Supplement Maryland Certificate of Good Standing, # 2 Supplement District of Columbia Certificate of Good Standing, # 3 Supplement Virginia Certificate of Good Standing, # 4 Proposed Order) (Abe, Hidetada) (Entered: 09/13/2019)
FIRST AMENDED COMPLAINT against Defendant DeviantArt, Inc. amending Complaint (Attorney Civil Case Opening) 3 , filed by Plaintiff Transaction Secure, LLC (Attachments: # 1 Exhibit A)(Watson, Coleman) (Entered: 09/30/2019)
NOTICE OF MOTION AND MOTION to Strike Amended Complaint and Motion to Dismiss For Failure to State A Claim Under F.R.C.P. 12(b)(6) Amended Complaint/Petition 31 filed by Defendant DeviantArt, Inc.. Motion set for hearing on 1/27/2020 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration of H. James Abe, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order) (Abe, Hidetada) (Entered: 10/15/2019)
CIVIL COVER SHEET filed by Plaintiff Transaction Secure, LLC. (Watson, Coleman) (Entered: 07/08/2019)
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Transaction Secure, LLC. (Watson, Coleman) (Entered: 07/08/2019)
COMPLAINT with filing fee previously paid ($400.00 paid on 07/08/2019, receipt number 0973-24042708), filed by Plaintiff Transaction Secure, LLC. (Attorney Coleman W Watson added to party Transaction Secure, LLC(pty:pla))(Watson, Coleman) (Entered: 07/08/2019)
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 3 filed by Plaintiff Transaction Secure, LLC. (Watson, Coleman) (Entered: 07/08/2019)
NOTICE of Filing Exhibit A to Complaint filed by Plaintiff Transaction Secure, LLC. (Watson, Coleman) (Entered: 07/08/2019)
CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Transaction Secure, LLC (Watson, Coleman) (Entered: 07/08/2019)
NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Rozella A. Oliver. (et) (Entered: 07/09/2019)
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 07/09/2019)
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) (Entered: 07/09/2019)
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 3 filed by Plaintiff Transaction Secure, LLC. (Watson, Coleman) (Entered: 07/09/2019)
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 3 as to Defendant DeviantArt, Inc. (et) (Entered: 07/09/2019)
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv) (Entered: 07/10/2019)
ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge John F. Walter. Case transferred from Judge John F. Walter to Judge Philip S. Gutierrez for all further proceedings. Case number now reads 2:19-cv-05836 PSG(RAOx). (rn) (Entered: 07/10/2019)
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji) (Entered: 07/11/2019)
STIPULATION Extending Time to Answer the complaint as to DeviantArt, Inc. answer now due 9/3/2019, re Complaint (Attorney Civil Case Opening) 3 filed by Defendant DeviantArt, Inc..(Attorney Hidetada James Abe added to party DeviantArt, Inc. (pty:dft))(Abe, Hidetada) (Entered: 07/30/2019)
NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Lauren C. Bolcar to Appear Pro Hac Vice on behalf of Defendant DeviantArt, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24232336) 17 , APPLICATION of Non-Resident Attorney Scott J. Pivnick to Appear Pro Hac Vice on behalf of Defendant DeviantArt, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24232297) 16 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Both only provided GSC for DC but failed to provide for other bars where applicants are admitted pursuant to LR and instructions. (lt) (Entered: 08/09/2019)
NOTICE of Related Case(s) filed by Plaintiff Transaction Secure, LLC. Related Case(s): 4:19-cv-04355-DMR, 3:19-cv-04052-JCS, 4:19-cv-04050-JSW, 3:19-cv-04075-TSH (Watson, Coleman) (Entered: 08/12/2019)
ORDER by Judge Philip S. Gutierrez: granting 18 Non-Resident Attorney Sean Bedford APPLICATION to Appear Pro Hac Vice on behalf of Defendant DevianArt, Inc., designating Hidetada J. Abe as local counsel. (bm) (Entered: 08/13/2019)
ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Application of Non-Resident Attorney 16 , 17 , for the following reasons: Other: Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. See deficiency notice No. 19 for further details. (bm) (Entered: 08/13/2019)
NOTICE of Interested Parties filed by Defendant DeviantArt, Inc., identifying Transaction Secure, LLC, Plaintiff; DevianArt, Inc., Defendant; Wix.com, Inc., Defendants Parent Company; Wix.com, Ltd., Parent Company of Defendants Parent Company.. (Abe, Hidetada) (Entered: 09/03/2019)
CORPORATE DISCLOSURE STATEMENT filed by Defendant DeviantArt, Inc. identifying Wix.com, Inc. as Corporate Parent. (Abe, Hidetada) (Entered: 09/03/2019)
ORDER by Judge Philip S. Gutierrez: granting 23 Non-Resident Attorney Lauren C Bolcar APPLICATION to Appear Pro Hac Vice on behalf of Defendant DevianArt, Inc., a foreign corporation, designating Hidetada J. Abe as local counsel. (bm) (Entered: 09/04/2019)
MINUTE ORDER IN CHAMBERS Order Modifying Briefing Schedule for Opposition and Reply to Defendants Pending Motion to Dismiss by Judge Philip S. Gutierrez: Defendant has filed a motion to dismiss this case, which is set for hearing on November 4, 2019 at 1:30 pm. Motion, Dkt. no. 24. Having considered the Motion, the Court ORDERS that the opposition to the Motion be filed no later than September 30, 2019 and that the reply to the Motion be filed no later than October 7, 2019. (bm) (Entered: 09/04/2019)
ORDER by Judge Philip S. Gutierrez: granting 29 Non-Resident Attorney Scott J Pivnick APPLICATION to Appear Pro Hac Vice on behalf of Defendant DevianArt, Inc., designating Hidetada J. Abe as local counsel. (bm) (Entered: 09/26/2019)
MINUTES (IN CHAMBERS) Order finding motion to dismiss the original complaint moot and modifying briefing schedule on motion to strike first amended complaint and motion to dismiss by Judge Philip S. Gutierrez finding as moot 24 MOTION to Dismiss Case: Based on these procedural circumstances, Defendants original motion to dismiss (Dkt. no. 24) is DENIED AS MOOT and the hearing set for November 4, 2019 is VACATED. Having considered the New Motion (Dkt. no. 32), the Court ORDERS that the opposition to the New Motion be filed no later than November 25, 2019 and that the reply to the New Motion be filed no later than December 9, 2019. See C.D. Cal. L.R. 7-2 (requirements of Local Rule 7, including local rule deadlines to file opposition and reply, are applicable "unless otherwise ordered by the Court."). The New Motion remains set for hearing on January 27, 2020 at 1:30 p.m. (bm) (Entered: 10/23/2019)
NOTICE of Voluntary Dismissal filed by Plaintiff Transaction Secure, LLC. Dismissal is With Prejudice. (Watson, Coleman) (Entered: 10/29/2019)
NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE; ORDER by Judge Philip S. Gutierrez, re Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1)) 34 : IT IS SO ORDERED. (Made JS-6. Case Terminated.) (bm) (Entered: 11/04/2019)
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (bm) (Entered: 11/04/2019)
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