La Michoacana Plus Ice Cream Parlor Corp v. Windy City Paletas, et al (3:24-cv-00631), California Southern District Court (2024)


La Michoacana Plus Ice Cream Parlor Corp v. Windy City Paletas, et al

California Southern District Court
Judge:Marilyn L Huff
Referred: Michelle M Pettit
Case #: 3:24-cv-00631
Nature of Suit840 Property Rights - Trademark
Cause15:1114 Trademark Infringement (Lanham Act)
Case Filed:Apr 02, 2024
Case in other court:Nevada, 2:23-cv-00279
  • Docket
  • Parties (8)
  • Opinions (2)
Last checked: Saturday May 18, 2024 6:06 AM PDT

Defendant

Digmey Jaramillo

2030 Olympic Ave, Apt 3103
Henderson, NV 89014

Represented By

Jonathan W Fountain
Lewis Roca Rothgerber Christie LLP
contact info

David Michael Greeley
Greeley Law, Apc
contact info

David M. Greeley
Greeley Law, Apc
contact info

Defendant

Arturo Miranda

Represented By

Jonathan W Fountain
Lewis Roca Rothgerber Christie LLP
contact info

David Michael Greeley
Greeley Law, Apc
contact info

David M. Greeley
Greeley Law, Apc
contact info

Defendant

Kayla Rincon

2035 S Escondido Boulevard, Unit 115
Escondido, CA 92025

Represented By

Jonathan W Fountain
Lewis Roca Rothgerber Christie LLP
contact info

David Michael Greeley
Greeley Law, Apc
contact info

David M. Greeley
Greeley Law, Apc
contact info

Defendant

Sky Limit Enterprises II, Inc.

Represented By

Jonathan W Fountain
Lewis Roca Rothgerber Christie LLP
contact info

David Michael Greeley
Greeley Law, Apc
contact info

David M. Greeley
Greeley Law, Apc
contact info

Defendant

Windy City Paletas, Inc.

Represented By

Jonathan W Fountain
Lewis Roca Rothgerber Christie LLP
contact info

David Michael Greeley
Greeley Law, Apc
contact info

David M. Greeley
Greeley Law, Apc
contact info

Defendant

Ecuamex Paletas, Inc.

Represented By

David Michael Greeley
Greeley Law, Apc
contact info

Defendant

KJAM Paletas, Inc.

Represented By

David Michael Greeley
Greeley Law, Apc
contact info

Plaintiff

La Michoacana Plus Ice Cream Parlor Corp

Represented By

Alexander Randolph Vail
Law Office Of Alexander R. Vail, L.L.C.
contact info

David Ryan Welch
Enso Law
contact info


GPO May 31 2023
ORDER Granting 20 Stipulated Discovery Plan. Discovery due by 3/29/2024. Motions due by 5/28/2024. Proposed Joint Pretrial Order due by 6/27/2024. Signed by Magistrate Judge Daniel J. Albregts on 5/31/2023. (Copies have been distributed pursuant to the NEF - AMMi) [Transferred from Nevada on 4/3/2024.]
GPO Mar 31 2024
ORDER. IT IS THEREFORE ORDERED that defendants' motion to transfer (ECF No. 10) is GRANTED. IT IS FURTHER ORDERED that defendants' motion to dismiss (ECF No. 11) is denied without prejudice to move again before the transferee court.The Clerk of Court is kindly instructed to TRANSFER this case to the United States District Court for the Southern District of California and close the case in this district. Signed by Judge Cristina D. Silva on 3/31/2024. (Copies have been distributed pursuant to the NEF - JLB) [Transferred from Nevada on 4/3/2024.]

Docket last updated: 4 hours ago

Tuesday, May 07, 2024
34 34 orderOrder Setting Hearing on Motion Tue 05/07 10:38 AM
MINUTE ORDER: Due to a conflict with the Court's calendar, the hearing on the Motion to Dismiss for Failure to State a Claim (Doc. No.32 ) set for Monday, May 20, 2024, at 10:30 AM is vacated and rescheduled for June 10, 2024, at 10:30 AM before Judge Marilyn L. Huff.(no document attached) (rlw)

Related: [-]

Monday, May 06, 2024
33 33 respmResponse in Opposition to Motion Mon 05/06 4:27 PM
RESPONSE in Opposition re32 MOTION to Dismiss for Failure to State a Claim filed by La Michoacana Plus Ice Cream Parlor Corp. (Welch, David)

Related: [-]

Monday, April 15, 2024
32 32 motionDismiss for Failure to State a Claim Mon 04/15 4:13 PM
MOTION to Dismiss for Failure to State a Claim by Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc..(Greeley, David)Attorney David Michael Greeley added to party Ecuamex Paletas, Inc., a California Corporation(pty:dft), Attorney David Michael Greeley added to party Digmey Jaramillo(pty:dft), Attorney David Michael Greeley added to party KJAM Paletas, Inc., a California Corporation(pty:dft), Attorney David Michael Greeley added to party Arturo Miranda(pty:dft), Attorney David Michael Greeley added to party Kayla Rincon(pty:dft), Attorney David Michael Greeley added to party Sky Limit Enterprises II, Inc. (pty:dft), Attorney David Michael Greeley added to party Windy City Paletas, Inc. (pty:dft)

Related: [-]

Att: 1 Memo of Points and Authorities ISO MTD Fraud Claim for Failure to State a Claim
Wednesday, April 03, 2024
30 30 cmpCase Transferred In - District Transfer (Electronic Transfers Only) Wed 04/03 10:47 AM
Case transferred in from District of Nevada; Case Number 2:23-cv-00279. Original file received electronically

Related: [-]

Tuesday, April 02, 2024
31 31 miscElectronic Transfer In Wed 04/03 10:53 AM
Judge Marilyn L. Huff and Magistrate Judge Michelle M. Pettit assigned to transfer case from District of Nevada. (no document attached) (jpp)

Related: [-]

Sunday, March 31, 2024
29 29 ORDER. IT IS THEREFORE ORDERED that defendants' motion to transfer (ECF No.10 ) is GRANTED. IT IS FURTHER ORDERED that defendants' motion to dismiss (ECF No.11 ) is denied without prejudice to move again before the transferee court.The Clerk of Court is kindly instructed to TRANSFER this case to the United States District Court for the Southern District of California and close the case in this district. Signed by Judge Cristina D. Silva on 3/31/2024. (Copies have been distributed pursuant to the NEF - JLB) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Monday, February 05, 2024
28 28 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website -[LINK:www.nvd.uscourts.gov] . AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (DRM) [Transferred from Nevada on 4/3/2024.]

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27 27 SCHEDULING ORDER granting ECF No.26 Stipulation : Discovery due by 10/29/2024 . Dispositive Motions due by 12/30/2024 . Proposed Joint Pretrial Order due by 1/27/2025 . Signed by Magistrate Judge Daniel J. Albregts on 2/5/2024. (Copies have been distributed pursuant to the NEF - DRM) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Thursday, February 01, 2024
26 26 STIPULATION FOR EXTENSION OF TIME (First Request) by Plaintiff La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. (Welch, David) (extend) (discovery) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Friday, January 26, 2024
25 25 ORDER Granting24 Stipulation for the Substitution of Counsel. Signed by Magistrate Judge Daniel J. Albregts on 1/26/2024.(Copies have been distributed pursuant to the NEF - RJDG) (Main Document 25 replaced on 1/29/2024) (RJDG). [Transferred from Nevada on 4/3/2024.]

Related: [-]

Thursday, January 25, 2024
24 24 STIPULATION and [Proposed] Order for the Substitution of Counsel by Defendants Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc.. (Fountain, Jonathan) (other) (attorney) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Wednesday, September 27, 2023
23 23 ORDER Granting22 Stipulation for Protective Order. Signed by Magistrate Judge Daniel J. Albregts on 9/27/2023.(Copies have been distributed pursuant to the NEF - JQC) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Tuesday, September 26, 2023
22 22 Joint STIPULATION for Protective Order by Plaintiff La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. (Welch, David) (other) (protective) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Wednesday, May 31, 2023
21 21 ORDER Granting20 Stipulated Discovery Plan. Discovery due by 3/29/2024. Motions due by 5/28/2024. Proposed Joint Pretrial Order due by 6/27/2024. Signed by Magistrate Judge Daniel J. Albregts on 5/31/2023. (Copies have been distributed pursuant to the NEF - AMMi) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Tuesday, May 30, 2023
20 20 Stipulated Discovery Plan and Scheduling Order by Plaintiff La Michoacana Plus Ice Cream Parlor Corp, a California Corporation.. (Welch, David) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Thursday, April 20, 2023
19 19 SUMMONS Returned Executed by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. Sky Limit Enterprises II, Inc. served on 3/6/2023. (Welch, David) [Transferred from Nevada on 4/3/2024.]

Related: [-]

18 18 SUMMONS Returned Executed by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation re1 Complaint,,,,,,. Ecuamex Paletas, Inc., a California Corporation served on 3/3/2023. (Welch, David) [Transferred from Nevada on 4/3/2024.]

Related: [-]

17 17 SUMMONS Returned Executed by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation re1 Complaint,,,,,,. Digmey Jaramillo served on 3/11/2023. (Welch, David) [Transferred from Nevada on 4/3/2024.]

Related: [-]

16 16 SUMMONS Returned Executed by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation re1 Complaint,,,,,,. Arturo Miranda served on 3/3/2023. (Welch, David) [Transferred from Nevada on 4/3/2024.]

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15 15 REPLY to Response to10 Motion to Change Venue/Transfer,11 Motion to Dismiss,,, by Defendants Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc.. (Fountain, Jonathan) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Thursday, April 13, 2023
14 14 RESPONSE to10 Motion to Change Venue/Transfer,11 Motion to Dismiss,,, by Plaintiff La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. Replies due by 4/20/2023.(Welch, David) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Att: 1 Affidavit,
Att: 2 Affidavit,
Att: 3 Exhibit,
Att: 4 Exhibit,
Att: 5 Exhibit,
Att: 6 Exhibit,
Att: 7 Exhibit,
Att: 8 Exhibit,
Att: 9 Exhibit
Thursday, March 30, 2023
13 13 NOTICE of Interested Parties by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation.. (Welch, David) [Transferred from Nevada on 4/3/2024.]

Related: [-]

12 12 REQUEST for Judicial Notice re10 Motion to Change Venue/Transfer,11 Motion to Dismiss,,, by Defendants Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc...(Fountain, Jonathan) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Att: 1 Exhibit 1 - Superior Court of California Complaint,
Att: 2 Exhibit 2 - Proof of Service - Summons
11 11 MOTION to Dismiss by Defendants Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc.. Responses due by 4/13/2023. Certificate of Interested Parties due by 4/9/2023. Discovery Plan/Scheduling Order due by 5/14/2023.(Fountain, Jonathan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 4/3/2024.]

Related: [-]

Att: 1 Declaration of Digmey Jaramillo,
Att: 2 Declaration of Arthuro Miranda,
Att: 3 Declaration of Kayla Rincon
10 10 MOTION to Change Venue or Transfer. Responses due by 4/13/2023.(Fountain, Jonathan) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Att: 1 Declaration of Digmey Jaramillo,
Att: 2 Declaration of Arthuro Miranda,
Att: 3 Declaration of Kayla Rincon
9 9 CERTIFICATE of Interested Parties by Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc. that identifies all parties that have an interest in the outcome of this case. Other Affiliate Dominique Miranda for Windy City Paletas, Inc. added.. (Fountain, Jonathan) [Transferred from Nevada on 4/3/2024.]

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Monday, March 20, 2023
8 8 CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by La Michoacana Plus Ice Cream Parlor Corp. Certificate of Interested Parties due by 3/27/2023. (no image attached) (WJ) [Transferred from Nevada on 4/3/2024.]

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7 7 ORDER Granting5 Verified Petition for Permission to Practice Pro Hac Vice for David M. Greeley and approving Designation of Local Counsel as to Jonathan W. Fountain. Signed by Judge Cristina D. Silva on 3/20/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website[LINK:www.pacer.gov] (Copies have been distributed pursuant to the NEF - LOE) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Friday, March 17, 2023
6 6 First AMENDED COMPLAINT with Jury Demand against All Defendants by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. No changes to parties. (Welch, David) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4,
Att: 5 Exhibit 5,
Att: 6 Exhibit 6,
Att: 7 Exhibit 7,
Att: 8 Exhibit 8,
Att: 9 Exhibit 9,
Att: 10 Exhibit 10,
Att: 11 Exhibit 11,
Att: 12 Exhibit 12,
Att: 13 Exhibit 13,
Att: 14 Exhibit 14,
Att: 15 Exhibit 15,
Att: 16 Exhibit 16,
Att: 17 Exhibit 17,
Att: 18 Exhibit 18,
Att: 19 Exhibit 19,
Att: 20 Exhibit 20,
Att: 21 Exhibit 21,
Att: 22 Exhibit 22,
Att: 23 Exhibit 23,
Att: 24 Exhibit 24,
Att: 25 Exhibit 25,
Att: 26 Exhibit 26,
Att: 27 Exhibit 27,
Att: 28 Exhibit Index
5 5 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by David M. Greeley and DESIGNATION of Local Counsel Jonathan W. Fountain (Filing fee $ 250 receipt number ANVDC-7239574) by Defendants Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arturo Miranda, Kayla Rincon, Sky Limit Enterprises II, Inc., Windy City Paletas, Inc..(Fountain, Jonathan) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Att: 1 Certificate of Good Standing
Thursday, February 23, 2023
4 4 SUMMONS ISSUED as to Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arthuro Miranda, Kayla Rincon, Sky Limit Enterprise, Inc., a California Corporation, Windy City Paletas, a California Corporation. (LOE) [Transferred from Nevada on 4/3/2024.]

Related: [-]

3 3 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (AO 120 and Complaint have been emailed - LOE) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Att: 1 Complaint
2 2 STANDING ORDER. This case has been assigned to the Honorable Judge Cristina D. Silva. Judge Silva's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink[LINK:www.nvd.uscourts.gov] . (Copies have been distributed pursuant to the NEF - LOE) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Daniel J. Albregts. (LOE) [Transferred from Nevada on 4/3/2024.]

Related: [-]

Wednesday, February 22, 2023
1 1 COMPLAINT against Ecuamex Paletas, Inc., a California Corporation, Digmey Jaramillo, KJAM Paletas, Inc., a California Corporation, Arthuro Miranda, Kayla Rincon, Sky Limit Enterprise, Inc., a California Corporation, Windy City Paletas, a California Corporation (Filing fee $402 receipt number ANVDC-7214736) by La Michoacana Plus Ice Cream Parlor Corp, a California Corporation. Proof of service due by 5/23/2023. (Welch, David) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 4/3/2024.]

Related: [-]

Att: 1 Index Exhibit Index,
Att: 2 Exhibit Exhibit 1,
Att: 3 Exhibit Exhibit 2,
Att: 4 Exhibit Exhibit 3,
Att: 5 Exhibit Exhibit 4,
Att: 6 Exhibit Exhibit 5,
Att: 7 Exhibit Exhibit 6,
Att: 8 Exhibit Exhibit 7,
Att: 9 Exhibit Exhibit 8,
Att: 10 Exhibit Exhibit 9,
Att: 11 Exhibit Exhibit 10,
Att: 12 Exhibit Exhibit 11,
Att: 13 Exhibit Exhibit 12,
Att: 14 Exhibit Exhibit 13,
Att: 15 Exhibit Exhibit 14,
Att: 16 Exhibit Exhibit 15,
Att: 17 Exhibit Exhibit 16,
Att: 18 Exhibit Exhibit 17,
Att: 19 Exhibit Exhibit 18,
Att: 20 Exhibit Exhibit 19,
Att: 21 Exhibit Exhibit 20,
Att: 22 Exhibit Exhibit 21,
Att: 23 Exhibit Exhibit 22,
Att: 24 Exhibit Exhibit 23,
Att: 25 Errata Exhibit 24,
Att: 26 Exhibit Exhibit 25,
Att: 27 Exhibit Exhibit 26,
Att: 28 Exhibit Exhibit 27,
Att: 29 Civil Cover Sheet Civil Cover Sheet,
Att: 30 Summons Summons,
Att: 31 Summons Summons,
Att: 32 Summons Summons,
Att: 33 Summons Summons,
Att: 34 Summons Summons,
Att: 35 Summons Summons,
Att: 36 Summons Summons

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La Michoacana Plus Ice Cream Parlor Corp v. Windy City Paletas, et al (3:24-cv-00631), California Southern District Court (2024)

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