BTL Industries, Inc. v. Munera Esthetics, Inc.

2:23-cv-00269 | California Central District Court

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Division Los Angeles (Western Division)
Judge Judge Andre Birotte Jr
Filed Jan. 13, 2023
Terminated May 16, 2023
Case Flags ACCO, (RAOx), CLOSED, DISCOVERY, MANADR, and PPP
Magistrate Magistrate Judge Rozella A. Oliver
Nature of Suit 830 Patent
Cause 35:145 Patent Infringement
Jury Demand Both
Last Updated: 1 year, 3 months ago Show Interactive Timeline
Filing Date # Docket Text
5/16/2023REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Consent Judgment) (lom) (Entered: 05/16/2023)
5/16/2023
  • Motion for Judgment
CONSENT JUDGMENT by Judge Andre Birotte Jr. Therefore, JUDGMENT IS HEREBY ENTERED, upon consent of the Parties hereto, in favor of BTL Industries, Inc. IT IS FURTHER HEREBY ORDERED that Munera shall pay BTL the total damages agreed upon by the Parties, which amount is subject to a confidentiality clause. IT IS FURTHER HEREBY ORDERED that this Consent Judgment and Permanent Injunction shall be binding upon and shall inure to the benefit of the Parties and their respective successors, assigns, and acquiring companies. IT IS FURTHER HEREBY ORDERED that the Court retains jurisdiction of this matter for the purposes of enforcing the terms of this Consent Judgment and Permanent Injunction. IT IS FURTHER HEREBY ORDERED that the permanent injunction shall remain in full force and effect unless and until modified by order of this court. IT IS FURTHER HEREBY ORDERED that all claims and demands in the above-captioned matter are hereby dismissed without prejudice and without costs, disbursements or attorneys' fees to any party. This is a final order and judgment. See judgment for details. ( MD JS-6. Case Terminated ). (lom) Modified on 5/16/2023 (lom). (Entered: 05/16/2023)
5/11/2023
  • Motionby Π
NOTICE OF MOTION AND MOTION to Approve Consent Judgment , NOTICE OF MOTION AND MOTION for Permanent Injunction JOINT MOTION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION filed by Plaintiff BTL Industries, Inc.. (Attachments: # 1 Exhibit A) (Haj, Randy) (Entered: 05/11/2023)
4/21/2023
  • Motion to ContinueGranted
ORDER APPROVING STIPULATION TO CONTINUE SCHEDULING CONFERENCE by Judge Andre Birotte Jr.: The Court APPROVES the parties' Stipulation 32 and ORDERS that the Scheduling Conference is continued to 6/23/2023 at 10:00 AM before Judge Andre Birotte Jr. (gk) (Entered: 04/21/2023)
4/19/2023
  • Motion to Continueby Π
Joint STIPULATION to Continue Scheduling Conference from May 12, 2023 to June 12, 2023 Re: Initial Order Setting R26 Scheduling Conference - form only 26 filed by Plaintiff BTL Industries, Inc.. (Attachments: # 1 Proposed Order)(Haj, Randy) (Entered: 04/19/2023)
4/6/2023
  • Answerby Δ
AMENDED ANSWER to Complaint filed by Defendant Munera Esthetics, Inc.. (Dammann, Reid) (Entered: 04/06/2023)
3/30/2023REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by BTL Industries, Inc.. (Haj, Randy) (Entered: 03/30/2023)
3/30/2023NOTICE 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. (lh) (Entered: 03/30/2023)
3/22/2023CORPORATE DISCLOSURE STATEMENT filed by Defendant Munera Esthetics, Inc. identifying Munera Esthetics, Inc. as Corporate Parent. (Dammann, Reid) (Entered: 03/22/2023)
3/22/2023NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Answer to Complaint (Attorney Civil Case Opening) 25 . The following error(s) was/were found: Local Rule 7-1.1 no notice of interested parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (gk) (Entered: 03/22/2023)
3/21/2023
  • Order
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 5/12/2023 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 03/21/2023)
3/20/2023
  • Answerby Δ
ANSWER to Complaint (Attorney Civil Case Opening),, 1 with JURY DEMAND filed by Defendant Munera Esthetics, Inc..(Dammann, Reid) (Entered: 03/20/2023)
3/9/202324
  • Order
(IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE. On February 16, 2023, the Court issued an Order to Show Cause why it should not dismiss this action for lack of prosecution. Plaintiff has filed a response to the Order to Show Cause re Lack of Prosecution on February 21, 2023. The Court deems that response satisfactory, and orders the Order to Show Cause discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 03/09/2023)
3/9/2023Text Only Scheduling Notice
2/28/2023
  • Responseby Π
RESPONSE filed by Plaintiff BTL Industries, Inc.to Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, 21 (Haj, Randy) (Entered: 02/28/2023)
2/21/2023
  • Motion to Extend Timeby Δ
STIPULATION Extending Time to Answer the complaint as to Munera Esthetics, Inc. answer now due 3/20/2023, re Complaint (Attorney Civil Case Opening),, 1 filed by Defendant Munera Esthetics, Inc..(Attorney Reid E Dammann added to party Munera Esthetics, Inc.(pty:dft))(Dammann, Reid) (Entered: 02/21/2023)
2/16/2023MINUTES (IN CHAMBERS) Order To Show Cause Re: Dismissal for Lack of Prosecution by Judge Andre Birotte Jr.: The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before 3/1/2023, why this action should not be dismissed for lack of prosecution. This matter will stand submitted upon the filing of Plaintiff(s) response. Failure to respond will be deemed consent to the dismissal of the action. See document for further details. Court Reporter: N/A. (gk) (Entered: 02/16/2023)
1/24/2023
  • Motion to Appear Pro Hac ViceGranted
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney John C. Rozendaal to Appear Pro Hac Vice on behalf of Plaintiff BTL Industries, Inc., designating Randy R. Haj as local counsel 16 . (gk) (Entered: 01/24/2023)
1/23/2023PROOF OF SERVICE Executed by Plaintiff BTL Industries, Inc., upon Defendant Munera Esthetics, Inc. served on 1/20/2023, answer due 2/10/2023. Service of the Summons and Complaint were executed upon Defendant Munera Esthetics, Inc. in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. (Haj, Randy) (Entered: 01/23/2023)
1/20/2023
  • Motion to Appear Pro Hac ViceGranted
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Chandrika Vira to Appear Pro Hac Vice on behalf of Plaintiff BTL Industries, Inc., designating Randy R.Haj as local counsel 13 . (gk) (Entered: 01/20/2023)
1/20/2023
  • Motion to Appear Pro Hac ViceGranted
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Monica Riva Talley to Appear Pro Hac Vice on behalf of Plaintiff BTL Industries, Inc., designating Randy R.Haj as local counsel 12 . (gk) (Entered: 01/20/2023)
1/20/2023
  • Motion to Appear Pro Hac Viceby Π
APPLICATION of Non-Resident Attorney John C. Rozendaal to Appear Pro Hac Vice on behalf of Plaintiff BTL Industries, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34651722) filed by Plaintiff BTL Industries, Inc.. (Attachments: # 1 Proposed Order) (Haj, Randy) (Entered: 01/20/2023)
1/19/2023
  • Standing Order
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 01/19/2023)
1/18/2023
  • Order
NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge Stephen V. Wilson. Case transferred from Magistrate Judge Charles F. Eick and Judge Stephen V. Wilson to Judge Andre Birotte Jr and Magistrate Judge Rozella A. Oliver for all further proceedings. Case number now reads 2:23-cv-00269 AB(RAOx). (rn) (Entered: 01/18/2023)
1/17/2023
  • Motion to Appear Pro Hac Viceby Π
APPLICATION of Non-Resident Attorney Chandrika Vira to Appear Pro Hac Vice on behalf of Plaintiff BTL Industries, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34629092) filed by Plaintiff BTL Industries, Inc.. (Attachments: # 1 Proposed Order) (Haj, Randy) (Entered: 01/17/2023)
1/17/2023
  • Motion to Appear Pro Hac Viceby Π
APPLICATION of Non-Resident Attorney Monica Riva Talley to Appear Pro Hac Vice on behalf of Plaintiff BTL Industries, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34628936) filed by Plaintiff BTL Industries, Inc.. (Attachments: # 1 Proposed Order) (Haj, Randy) (Entered: 01/17/2023)
1/17/2023NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Monica Riva Talley. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 01/17/2023)
1/17/2023NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Chandrika Vira. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 01/17/2023)
1/17/2023NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney J.C. Rozendaal. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 01/17/2023)
1/17/202321 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Munera Esthetics, Inc. (lh) (Entered: 01/17/2023)
1/17/2023Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) (Entered: 01/17/2023)
1/17/2023NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 01/17/2023)
1/17/2023NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Charles F. Eick. (lh) (Entered: 01/17/2023)
1/13/2023Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by Plaintiff BTL Industries, Inc.. (Haj, Randy) (Entered: 01/13/2023)
1/13/2023 NOTICE of Interested Parties filed by Plaintiff BTL Industries, Inc., identifying BTL Holdings Limited Sole parent company of Plaintiff; BTL Industries, Inc. Plaintiff in this action. (Haj, Randy) (Entered: 01/13/2023)
1/13/2023 CIVIL COVER SHEET filed by Plaintiff BTL Industries, Inc.. (Haj, Randy) (Entered: 01/13/2023)
1/13/2023
  • Complaintby Π
COMPLAINT with filing fee previously paid (402.00 paid on 01/13/2023, receipt number ACACDC-34616958), filed by Plaintiff BTL Industries, 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 L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P) (Attorney Randy R Haj added to party BTL Industries, Inc.(pty:pla))(Haj, Randy) (Entered: 01/13/2023)