This case was last updated from U.S. District Courts on 03/30/2020 at 11:47:23 (UTC).

Incredible Features, Inc. et al v. BackChina, LLC et al

Case Summary

On 01/29/2020 Incredible Features, Inc filed an Intellectual Property - Copyright lawsuit against BackChina, LLC. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are Dolly M. Gee and Rozella A. Oliver. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:20-CV-00943

  • Filing Date:

    01/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

  • Courthouse:

    California Central District

Judge Details

Presiding Judge

Dolly M. Gee

Referral Judge

Rozella A. Oliver

 

Party Details

Plaintiffs

JEFFERY R. WERNER

INCREDIBLE FEATURES, INC.

BRIAN R. WOLFF

Jeffrey R. Werner

Defendants

DOES 1 through 10 inclusive

BACKCHINA, LLC

Does 1 through 10, inclusive

Attorney/Law Firm Details

Plaintiff Attorneys

Ryan E. Carreon

Attorney at Higbee and Associates

1504 Brookhollow Drive Suite 112

Santa Ana, CA 92705

Mathew K Higbee

Attorney at Higbee and Associates

1504 Brookhollow Drive Suite 112

Santa Ana, CA 92705

Ryan E Carreon

Attorney at Higbee and Associates

1504 Brookhollow Drive Suite 112

Santa Ana, CA 92705

Defendant Attorney

Susan S Q Kalra

Attorney at Mahamedi IP Law LLP

910 Campisi Way Suite 1E

Campbell, CA 95008

 

Court Documents

30 #1

Declaration of Ryan E. Carreon

#30

(#30) MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Or Alternatively NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Texas for the Convenience of Parties and Witnesses #19 filed by Plaintiffs Incredible Features, Inc., Jeffrey R. Werner, Brian R. Wolff. (Attachments: #1 Declaration of Ryan E. Carreon)(Carreon, Ryan) (Entered: 03/27/2020)

#29

(#29) Certification and NOTICE of Interested Parties filed by Defendant BackChina, LLC, identifying Higbee & Associates, BackChina, LLC d/b/a www.21uscity.com. (Kalra, Susan) (Entered: 03/11/2020)

#28

(#28) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case Or Alternatively NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Texas for the Convenience of Parties and Witnesses #19 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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: 03/09/2020)

#27

(#27) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William P. Ramey, III. 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. (gk) (Entered: 03/09/2020)

#26

(#26) MINUTES IN CHAMBERS ORDER RE PLAINTIFFS' EX PARTE APPLICATION TO STRIKE DEFENDANT'S MOTION TO DISMISS OR TRANSFER AND DEFENDANTS EX PARTE APPLICATION FOR LEAVE TO FILE MOTION TO DISMISS OR TRANSFER [21, 22] by Judge Dolly M. Gee: For the foregoing reasons: 1. Defendants ex parte application [Doc. # 22] is GRANTED; 2. Plaintiffs ex parte application [Doc. # 21] is DENIED; 3. The Clerk shall STRIKE Defendants attempt to file an answer [Doc. # 23]; 4. The hearing on Defendants motion [Doc. # 19] is continued to Friday, April 17, 2020, at 9:30 a.m.; 5. Plaintiffs shall have until Friday, March 27, 2020 to file their opposition; and 6. Defendant shall have until Friday, April 3, 2020 to file their reply. IT IS SO ORDERED. (See order.) (es) (Entered: 03/06/2020)

19 #2

Proposed Order

19 #1

Declaration Declaration of Nili Jin with Exhibit 1

#19

(#21) EX PARTE APPLICATION to Strike Defendant's Untimely Motion to Dismiss for Lack of Compliance with Local and Federal Rules NOTICE OF MOTION AND MOTION to Dismiss Case Or Alternatively NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Texas for the Convenience of Parties and Witnesses #19 filed by Plaintiff Incredible Features, Inc., Jeffrey R. Werner, Brian R. Wolff. (Attachments: #1 Declaration of Ryan E. Carreon in Support of BackChina Ex Parte Application, #2 Proposed Order) (Carreon, Ryan) (Entered: 03/04/2020)

1 #10

Exhibit J

1 #9

Exhibit I

1 #8

Exhibit H

1 #7

Exhibit G

1 #5

Exhibit E

1 #4

Exhibit D

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

49 More Documents Available

 

Docket Entries

  • 03/27/2020
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  • Docket(#30) MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Or Alternatively NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Texas for the Convenience of Parties and Witnesses #19 filed by Plaintiffs Incredible Features, Inc., Jeffrey R. Werner, Brian R. Wolff. (Attachments: #1 Declaration of Ryan E. Carreon)(Carreon, Ryan) (Entered: 03/27/2020)

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  • 03/11/2020
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  • Docket(#29) Certification and NOTICE of Interested Parties filed by Defendant BackChina, LLC, identifying Higbee & Associates, BackChina, LLC d/b/a www.21uscity.com. (Kalra, Susan) (Entered: 03/11/2020)

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  • 03/09/2020
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  • Docket(#28) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case Or Alternatively NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Texas for the Convenience of Parties and Witnesses #19 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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: 03/09/2020)

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  • 03/09/2020
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  • Docket(#27) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William P. Ramey, III. 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. (gk) (Entered: 03/09/2020)

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  • 03/06/2020
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  • Docket(#26) MINUTES IN CHAMBERS ORDER RE PLAINTIFFS' EX PARTE APPLICATION TO STRIKE DEFENDANT'S MOTION TO DISMISS OR TRANSFER AND DEFENDANTS EX PARTE APPLICATION FOR LEAVE TO FILE MOTION TO DISMISS OR TRANSFER [21, 22] by Judge Dolly M. Gee: For the foregoing reasons: 1. Defendants ex parte application [Doc. # 22] is GRANTED; 2. Plaintiffs ex parte application [Doc. # 21] is DENIED; 3. The Clerk shall STRIKE Defendants attempt to file an answer [Doc. # 23]; 4. The hearing on Defendants motion [Doc. # 19] is continued to Friday, April 17, 2020, at 9:30 a.m.; 5. Plaintiffs shall have until Friday, March 27, 2020 to file their opposition; and 6. Defendant shall have until Friday, April 3, 2020 to file their reply. IT IS SO ORDERED. (See order.) (es) (Entered: 03/06/2020)

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  • 03/05/2020
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  • Docket(#25) OPPOSITION to EX PARTE APPLICATION for Leave to file Motion To Dismiss Or Alternatively To Transfer Venue For The Convenience Of Parties And Witnesses And Motion In The Alternative To File Answer #22 filed by Plaintiffs Incredible Features, Inc., Jeffrey R. Werner, Brian R. Wolff. (Attachments: #1 Declaration of Ryan E. Carreon)(Carreon, Ryan) (Entered: 03/05/2020)

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  • 03/04/2020
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  • Docket(#24) OPPOSITION to EX PARTE APPLICATION to Strike Defendant's Untimely Motion to Dismiss for Lack of Compliance with Local and Federal Rules NOTICE OF MOTION AND MOTION to Dismiss Case Or Alternatively NOTICE OF MOTION AND MOTION to Transfer Case to So #21 uthern District of Texas for the Convenience of Parties and Witnesses filed by Defendant BackChina, LLC. (Kalra, Susan) (Entered: 03/04/2020)

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  • 03/04/2020
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  • Docket(#23) **STRICKEN BY ORDER OF THE COURT SEE DKT. #26 ** ANSWER to Complaint (Attorney Civil Case Opening),, #1 - Original Answer filed by Defendant BackChina, LLC.(Kalra, Susan) Modified on 3/6/2020 (es). (Entered: 03/04/2020)

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  • 03/04/2020
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  • Docket(#22) EX PARTE APPLICATION for Leave to file Motion To Dismiss Or Alternatively To Transfer Venue For The Convenience Of Parties And Witnesses And Motion In The Alternative To File Answer filed by Defendant BackChina, LLC. (Attachments: #1 Proposed Order) (Kalra, Susan) (Entered: 03/04/2020)

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  • 03/04/2020
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  • Docket(#21) EX PARTE APPLICATION to Strike Defendant's Untimely Motion to Dismiss for Lack of Compliance with Local and Federal Rules NOTICE OF MOTION AND MOTION to Dismiss Case Or Alternatively NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Texas for the Convenience of Parties and Witnesses #19 filed by Plaintiff Incredible Features, Inc., Jeffrey R. Werner, Brian R. Wolff. (Attachments: #1 Declaration of Ryan E. Carreon in Support of BackChina Ex Parte Application, #2 Proposed Order) (Carreon, Ryan) (Entered: 03/04/2020)

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10 More Docket Entries
  • 02/03/2020
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  • Docket(#10) PROOF OF SERVICE Executed by Plaintiff Incredible Features, Inc., Brian R. Wolff, Jeffrey R. Werner, upon Defendant BackChina, LLC served on 1/30/2020, answer due 2/20/2020. Service of the Summons and Complaint were executed upon Kayla Cleveland, Receptionist in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Carreon, Ryan) (Entered: 02/03/2020)

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  • 01/30/2020
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  • Docket(#9) INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) (Entered: 01/30/2020)

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  • 01/30/2020
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  • Docket(#8) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, #1 as to Defendant BackChina, LLC. (ghap) (Entered: 01/30/2020)

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  • 01/30/2020
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 01/30/2020)

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  • 01/30/2020
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Rozella A. Oliver. (ghap) (Entered: 01/30/2020)

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  • 01/29/2020
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  • Docket(#5) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by INCREDIBLE FEATURES, INC., JEFFERY R. WERNER, BRIAN R. WOLFF. (Carreon, Ryan) (Entered: 01/29/2020)

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  • 01/29/2020
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  • Docket(#4) NOTICE of Interested Parties filed by Plaintiff INCREDIBLE FEATURES, INC., JEFFERY R. WERNER, BRIAN R. WOLFF, (Carreon, Ryan) (Entered: 01/29/2020)

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  • 01/29/2020
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  • Docket(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff INCREDIBLE FEATURES, INC., JEFFERY R. WERNER, BRIAN R. WOLFF. (Carreon, Ryan) (Entered: 01/29/2020)

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  • 01/29/2020
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiffs INCREDIBLE FEATURES, INC., JEFFERY R. WERNER, BRIAN R. WOLFF. (Carreon, Ryan) (Entered: 01/29/2020)

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  • 01/29/2020
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  • Docket(#1) COMPLAINT Receipt No: 0973-25220981 - Fee: $400, filed by Plaintiff INCREDIBLE FEATURES, INC., BRIAN R. WOLFF, JEFFERY R. WERNER. (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) (Attorney Ryan E. Carreon added to party INCREDIBLE FEATURES, INC.(pty:pla), Attorney Ryan E. Carreon added to party JEFFERY R. WERNER(pty:pla), Attorney Ryan E. Carreon added to party BRIAN R. WOLFF(pty:pla))(Carreon, Ryan) (Entered: 01/29/2020)

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