This case was last updated from U.S. District Courts on 10/25/2021 at 07:19:10 (UTC).

Klauber Brothers, Inc. v. Be Wicked, Inc. et al

Case Summary

On 08/26/2021 Klauber Brothers, Inc filed an Intellectual Property - Copyright lawsuit against Be Wicked, Inc. This case was filed in U.S. District Courts, California Central District Court. The Judges overseeing this case are Percy Anderson and Alicia G. Rosenberg. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-06886

  • Filing Date:

    08/26/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Percy Anderson

Referral Judge

Alicia G. Rosenberg

 

Party Details

Plaintiff

Klauber Brothers, Inc.

Defendants

Be Wicked, Inc.

BareWeb, Inc. individually, and a Delaware Corporation doing business as Bare Necessities

Altitude Collection, LLC individually and Delaware Limited Liability Company doing business as ModCloth

Amazon.com, Inc.

Walmart, Inc.

Does 1 through 10

Attorney/Law Firm Details

Plaintiff Attorneys

Scott A. Burroughs

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

Stephen M. Doniger

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

Trevor William Barrett

Attorney at Doninger Burroughs

603 Rose Avenue

Venice, CA 90291

 

Court Documents

#20

#19

#18

#17

#16

#15

#14

#13

#12

#9

#8

#7

#6

#5

#4

#3

#2

#1

8 More Documents Available

 

Docket Entries

  • 09/12/2021
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  • Docket(#20) MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson. For the foregoing reasons, the Court concludes that Defendants are misjoined. Pursuant to Federal Rule of Civil Procedure 21, misjoinder of parties "is not a ground for dismissing an action." Instead, "[o]n motion or on its own, the court may at any time, on just terms, add or drop a party." Fed. R. Civ. P. 21. Where there is a misjoinder, "the court can generally dismiss all but the first named [defendant] without prejudice to the institution of new, separate lawsuits [against] the dropped [defendants]." Coughlin, 130 F.3d at 1350. Accordingly, the Court thus drops all Defendants except Be Wicked, Inc. This order does not limit Plaintiffs ability to refile its claims against the remaining Defendants in separate actions. (See document for details). BareWeb, Inc. (individually, and a Delaware Corporation), Walmart, Inc. (a Delaware Corporation), Altitude Collection, LLC (individually and Delaware Limited Liability Company) and Amazon.com, Inc. (a Delaware Corporation) terminated. (mrgo) (Entered: 09/14/2021)

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  • 09/10/2021
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  • Docket(#19) PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant BareWeb, Inc. served on 9/10/2021, answer due 10/1/2021. Service of the Summons and Complaint were executed upon Lynanne Gares- Managing Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) (Entered: 09/10/2021)

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  • 09/10/2021
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  • Docket(#18) PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant Amazon.com, Inc. served on 9/10/2021, answer due 10/1/2021. Service of the Summons and Complaint were executed upon Lynanne Gares- Managing Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) (Entered: 09/10/2021)

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  • 09/10/2021
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  • Docket(#17) PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant Walmart, Inc. served on 9/10/2021, answer due 10/1/2021. Service of the Summons and Complaint were executed upon Amy McLaren-Managing Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) (Entered: 09/10/2021)

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  • 09/10/2021
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  • Docket(#16) PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant Altitude Collection, LLC served on 9/10/2021, answer due 10/1/2021. Service of the Summons and Complaint were executed upon Amy McLaren, Managing Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) (Entered: 09/10/2021)

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  • 09/08/2021
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  • Docket(#15) WAIVER OF SERVICE Returned Executed filed by Plaintiff Klauber Brothers, Inc.. upon Be Wicked, Inc. waiver sent by Plaintiff on 9/8/2021, answer due 11/8/2021. Waiver of Service signed by Jura C. Zibas. (Burroughs, Scott) (Entered: 09/08/2021)

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  • 08/27/2021
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  • Docket(#14) MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson. For these reasons, the Court orders Plaintiff to show cause in writing no later than September 10, 2021, why one or more of the Defendants should not be dropped from this case for improper joinder. See Fed. R. Civ. P. 20, 21; see also Coughlin, 130 F.3d at 1351 (finding misjoinder where "[e]ach claim raises potentially different issues, and must be viewed in a separate and individual light by the Court."). In response to this Order to Show Cause, Plaintiff may, if it so chooses, limit its claims to one of the Defendants. Plaintiff may then, if it so chooses, file separate actions against the other Defendants with new complaints and filing fees. Failure to adequately respond to this Order to Show Cause may result, without further warning, in dismissal of the Complaint without prejudice. (See document for details) (mrgo) (Entered: 08/30/2021)

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  • 08/27/2021
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  • Docket(#13) STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo) (Entered: 08/27/2021)

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  • 08/27/2021
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  • Docket(#12) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to defendants Altitude Collection, LLC, Amazon.com, Inc., BareWeb, Inc., Be Wicked, Inc., Walmart, Inc. (mrgo) (Entered: 08/27/2021)

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  • 08/27/2021
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  • Docket(#11) NOTICE OF LODGING filed re Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #8 (Burroughs, Scott) (Entered: 08/27/2021)

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  • 08/26/2021
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  • Docket(#10) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) (Entered: 08/26/2021)

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  • 08/26/2021
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  • Docket(#9) NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #3 . 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: 08/26/2021)

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  • 08/26/2021
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  • Docket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 08/26/2021)

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  • 08/26/2021
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 08/26/2021)

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  • 08/26/2021
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Alicia G. Rosenberg. (et) (Entered: 08/26/2021)

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  • 08/26/2021
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  • Docket(#5) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Klauber Brothers, Inc.. (Burroughs, Scott) (Entered: 08/26/2021)

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  • 08/26/2021
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  • Docket(#4) NOTICE of Interested Parties filed by Plaintiff Klauber Brothers, Inc., (Burroughs, Scott) (Entered: 08/26/2021)

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  • 08/26/2021
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  • Docket(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) (Entered: 08/26/2021)

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  • 08/26/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) (Entered: 08/26/2021)

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  • 08/26/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-31879358 - Fee: $402, filed by Plaintiff Klauber Brothers, Inc.. (Attorney Scott A. Burroughs added to party Klauber Brothers, Inc.(pty:pla))(Burroughs, Scott) (Entered: 08/26/2021)

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