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  • GALACTIC BRANDS IP, LLC ET AL VS. CENTRAL COAST AG DISTRIBUTION, LLC ET AL INTELLECTUAL PROPERTY document preview
  • GALACTIC BRANDS IP, LLC ET AL VS. CENTRAL COAST AG DISTRIBUTION, LLC ET AL INTELLECTUAL PROPERTY document preview
  • GALACTIC BRANDS IP, LLC ET AL VS. CENTRAL COAST AG DISTRIBUTION, LLC ET AL INTELLECTUAL PROPERTY document preview
  • GALACTIC BRANDS IP, LLC ET AL VS. CENTRAL COAST AG DISTRIBUTION, LLC ET AL INTELLECTUAL PROPERTY document preview
  • GALACTIC BRANDS IP, LLC ET AL VS. CENTRAL COAST AG DISTRIBUTION, LLC ET AL INTELLECTUAL PROPERTY document preview
  • GALACTIC BRANDS IP, LLC ET AL VS. CENTRAL COAST AG DISTRIBUTION, LLC ET AL INTELLECTUAL PROPERTY document preview
  • GALACTIC BRANDS IP, LLC ET AL VS. CENTRAL COAST AG DISTRIBUTION, LLC ET AL INTELLECTUAL PROPERTY document preview
  • GALACTIC BRANDS IP, LLC ET AL VS. CENTRAL COAST AG DISTRIBUTION, LLC ET AL INTELLECTUAL PROPERTY document preview
						
                                

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CM-110 ATTOR NEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Shanen R. Prout (C al. SBN 236137) WEINBERG GONSER LLP 10866 Wilshire Blvd ., Ste. 1650 Los Angeles, CA 90 024 ELECTRONICALLY T ELEPHONE NO.: E- MAIL ADDREss: 626-590-1976 shanen@wgcounsel.com FAX NO. (Optional): ( 4;24) 238-3060 FILED Superior Court of California, ATTOR NEY FOR (Name). GALACTIC BRANDS IP, LLC and GOLD DROP HOLDINGS, INC. County of San Francisco SUPERIOR COURT OF CALIFORN IA, COUN TY OF SAN FRANqiSCO sTREET ADDREss: 400 McAll ister St. 08/14/2023 MAILI NG ADDRESS: " Clerk of the Court BY: MARK UDAN CITY AND ZI P coD E San Francisco 94 102 Deputy Clerk BRANCH NAME: Civic Center Courthouse PLAINTIFF/PETIT IONER : GALACTIC BRA OS IP, LLC; GOLD DROP HOLDINGS , INC. DEFENDANT/RESPONDENT: CENTRAL COAST AG DISTRIBUTION , LLC; et al. CASE MANAGEMENT STATEMENT CASE NUM BER: (Check one): [TI UNLIMITED CASE c=J LIMITED CASE CGC-23-605540 (Amount demanded · (Amount demanded is $25 ,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date : September 6, 2023 Time: 10:30 AM Dept. : Div.: Room: 610 Address of court (if different from the address above): c=J Notice of Intent to Appear by Telephone, by (name): INSTRU CTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. c=J This statement is submitted by party (name): b. [TI This statement is submitted jointly by parties (names): GALACTIC BRANDS IP, LLC ; GOLD DROP HOLDINGS, INC. 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was fi led on (date) : April 3, 2023 b. c=J The cross-complaint, if any, was filed on (date) : 3. Service (to be answered by plaintiffs and cross-complainants only) a. ~ All parti es named in the complaint and cross-complaint have been served , have appeared, or have been dismissed. b. c=J The foll owing parties named in the complaint or cross-complaint (1) c=J have not been served (specify names and explain why not) : (2) c=J ha.ve been served but have not appeared and have not been dismissed (specify names) : (3) c=J have had a default entered against them (specify names): c. c=J The foll owing additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in [TI complaint c=J cross-complaint (Describe, including causes of action): Page 1 of5 Form Adopted for Mandatory Use CaL Rules of Court, Judicia l Council of Califo rnia CASE MANAGEMENT STATEMENT ru les 3.720-3.730 CM-1 10 [Rev. Septem ber 1, 202 1] wv-1w. courts.ca.gov CM-110 PLAINTIFF/PETITIONER : GALACTIC BRA NDS IP, LLC; GOLD DROP HOLDINGS, INC. CASE NUMBER: DEFENDANT/RESPONDENT: CENTRAL COAST AG DISTRIBUTION, LLC; et al. CGC-23-605540 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief) This is a trademark infringement and unfair competition case against two business competitors of plaintiffs. Defendants have willfully used, and continue to use, ide tical and substantially similar marks belonging to plaintiffs to market and sell defendants' competing cannabis goods within Calif. Defendants also wilfully ignored plaintiffs' cease and desist letter. Damages unknown. c=J (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request [KJ a jury trial c=J a non jury trial. (If more than one party, provide the name of each party requesting a jury trial) : plaintiffs GALACTIC BRANDS IP, LLC and GOLD DROP HOLDINGS, INC. 6. Trial date a. c=J The trial has been set for (date): b. [ [ ] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys wil l not be available for trial (specify dates and explain reasons for unavailability): April 26, 2024 (fed . FPTC); May 14-1 7, 2024 (trial); and June 5, 2024 (status conf.) 7. Estimated length oftrial The party or parties estimate that the trial will take (check one) : a. [TI days (specify number): 3-5 b. c=J hours (short causes) (specify): 8 . Trial representation (to be answered for each party) The party or parties will be represented at trial [ [ ] by the attorney or party listed in the caption c=J by the following: a. Attorney: b. Firm: C. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented : c=J Additional representation is described in Attachment 8. 9 . Preference c=J This case is entitled to preference (specify code section) : 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 of the California Rules of Court for information about the processes avail able through the court and community programs in this case . (1) For parties represented by counsel : Counsel [ [ ] has c=J has not provided the ADR information package identified in rule 3.221 to the client and rev1ewed ADR options with the client. (2) For self-represented parties: Party c=J has c=J has not reviewed the ADR information package identified in rule 3.221 . b. Referral to judicial arbitration or civil action mediation (if available) . (1) c=J This matter is subject to man datory JUdicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) c=J Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141 .11. (3) c=J This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM -1 10 [Rev. September 1, 202 11 Page 2 of5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETIT IONER : GALACTIC BRA NDS IP, LLC; GQLD DROP HOLDINGS, INC. CASE NUMBER: DEFENDANT/RESPONDENT: CENTRAL COAST AG DISTRIBUTIQN, LLC; et al. CGC-23-605540 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in , have agreed to participate in , or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are will ing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties ' ADR processes (check all that apply) : stipulation): c=J Mediation session not yet scheduled c=J Mediation session scheduled for (date): (1) Mediation c=J Agreed to complete mediation by (date) : c=J Mediation completed on (date) : [KJ Settlement conference not yet scheduled (2) Settlement [=:J Settlement conference scheduled for(date): conference c=J Agreed to complete settlement conference by (date ): c=J Settlement conference completed on (date): c=J Neutral evaluation not yet schedu led c=J Neutral evaluation scheduled for (date): (3) Neutral evaluati on [=:J Agreed to complete neutral evaluation by (date) : [=:J Neutral evaluation completed on (date) : c=J Judicial arbitration not yet scheduled (4) Nonbinding judicial c=J Judicial arbitration scheduled for (date): arbitration [=:J Agreed to complete judicial arbitration by (date): c=J Judicial arbitration completed on (date): c=J Private arbitration not yet scheduled (5) Binding private c=J Private arbitration scheduled for (date) : arbitration [=:J Agreed to complete private arbitration by (date) : [=:J Private arbitration completed on (date) : c=J ADR session not yet scheduled c=J ADR sess1on scheduled for (date) : (6) Other (specify): ~ Agreed to complete ADR session by (date) : c=J ADR completed on (date ): CM- 110 [Rev. September 1, 202 1] Page 3 of5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER : GALACTIC BRANDS IP, LLC; GOLD DROP HOLDINGS, INC. CASE NUMBER: DEFENDANT/RESPONDENT: CENTRAL COAST AG DISTRIBUTION, LLC; et al. CGC-23-605540 11. Insurance a. [:=J Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [:=J Yes [:=J No c. [:=J Coverage issues will significantly affect resolution of this case (explain) : 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [:=J Bankruptcy [:=J Other (specify) : Status: 13. Related cases, consolidation, and coordination a. c:=:J There are companion , underlyi ng, or related cases. ( 1) Name of case: (2) Name of court: (3) Case number: (4) Status: [:=J Additional cases are described in Attachment 13a. b. [:=J A motion to [:=J consolid ate [:=J coordinate will be filed by (name party): 14. Bifurcation [:=J The party or parties intend to file a motion for an order bifurcating, severing , or coordinating the following issues or causes of action (specify moving party, type of motJon, and reasons) : 15. Other motions [RJ The party or parties expect to file th e following motions before trial (specify moving party, type of motion, and issues): Plaintiff anticipate filing a motion for summary judgment, or, in the alternative, a motion for summary adjudication 16. Discovery a. c:::J The party or parties have compl eted all discovery. b. ~ The following discovery will be completed by the date specified (describe all anticipated discovery) : ~ Description Date Plaintiffs Interrogatories; RFPs December 31, 2023 Plaintiffs Fact witness depositions January 31, 2024 Plaintiffs Requests for admission February 28, 2024 Plaintiffs Expert witness depositions March 30, 2024 c. CJ The following discovery issues, including issues regarding the discovery of electronically stored information , are anticipated (specify): CM-110 [Rev. September 1, 202 1] Page 4 of5 CASE MANAGEMENT STATEMENT CM-110 PlAINTIFF/PETITIONER: GAlACTIC BRANDS IP, LLC; GOLD DROP HOLDINGS, INC. CASE NUMBER: DEFENDANT/RESPONDENT: CENTRAL COAST AG DISTRIBUTION, LLC; et al. CGC-23-605540 17. Economic litigation a. c=J This is a limited civil case (i .e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to th is case . b. c=J This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues c=J The party or parties request that th e following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. ~ The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain) : b. c=J After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify) : 20. Total number of pages attached (if any) : _ _ _ __ I am completely famil iar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this state me t, and will possess the authority to enter into stipulations on these issues at the time of the case management conference , including the written authority of the party where required. ~ow~ Date : August 12, 2023 Shanen R. Prout, Esq . (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORN EY) c=J Additional signatures are attached. CM - 110 [Rev. September 1, 202 1] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. I am an attorney with Weinberg Gonser LLP. My work address is 10866 Wilshire 4 Blvd., Suite 1650, Los Angeles, California 90024. 5 On August 14, 2023, I served the foregoing document described as: 6 CASE MANAGEMENT STATEMENT 7 on the following person(s) in the manner indicated: 8 9 Robert Tauler, Esq. Attorneys for defendants Central Coast Ag Tauler Smith LLP Distribution, LLC and Central Coast 10 626 Wilshire Blvd., Suite 510 Agriculture, Inc. Los Angeles, CA 90017 11 rtauler@taulersmith.com 12 lstein@taulersmith.com 13 14 [ X ] (BY ELECTRONIC TRANSMISSION) I served electronically from the notification address of shanen@wgcounsel.com the document described above and a copy of this declaration to 15 the persons and at the electronic notification addresses set forth herein. The electronic transmission was reported as complete and without error. 16 17 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and executed on August 14, 2023 at Pasadena, California. 18 19 __________________________ 20 Shanen R. Prout 21 22 23 24 25 26 27 28 -1- PROOF OF SERVICE