The Alixir Company v. Que Onda Beverage, Inc.

California Central District Court
Judge:	R Gary Klausner
Referred:	Rozella A Oliver
Case #:	2:20-cv-08368
Nature of Suit	840 Property Rights - Trademark
Cause	15:1114 Trademark Infringement

Case Filed:	Sep 11, 2020
Terminated:	Jul 21, 2021

Docket
Parties (2)

Last checked: Wednesday Mar 10, 2021 1:47 AM PST

Defendant Que Onda Beverage, Inc.	Represented By James D. Weinberger Fross Zelnick Lehrman And Zissu PC contact info Kevin R. Lussier Cruser Mitchell Novitz Sanchez Gaston And Zimet contact info Daniel M. Nuzzaci Fross Zelnick Lehrman And Zissu PC contact info
Plaintiff The Alixir Company	Represented By Todd A Boock Brown Neri Smith And Khan LLP contact info

Docket last updated: 03/12/2025 11:59 PM PDT

Wednesday, July 21, 2021
45		45 misc Report of Determination of Patent/Trademark Action (CLOSE) (AO 120) Wed 07/21 9:55 AM REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing). (jp) Related: [-]
		Att: 1 Minutes In Chamber Dismissing Case
44		44 order Dismissing Case Wed 07/21 9:52 AM (IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner: The Order Striking Electronically Filed Document(s)43 is hereby recalled. The matter is ordered closed. (Made JS-6. Case Terminated.) (jp) Related: [-]
Tuesday, July 20, 2021
43		43 order Striking Electronically Filed Documents (G-106) Tue 07/20 4:51 PM ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Stipulation to Dismiss Case42 , for the following reasons: (1) Proposed Document was not submitted as separate attachment; (2) Answer filed at24 . (jp) Related: [-]
Monday, July 19, 2021
42		42 stip Dismiss Case Mon 07/19 12:33 PM STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) Without Prejudice filed by defendant Que Onda Beverage, Inc..(Lussier, Kevin) Related: [-]
41		41 3 pgs order Order Mon 07/19 11:35 AM DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner re Stipulation to Stay Action and Continue Trial40 . NO GOOD CAUSE SHOWN. (jp) Related: [-]
Friday, July 16, 2021
40		40 stip Stay Case Fri 07/16 1:52 PM Joint STIPULATION to Stay Case pending Mediation filed by Plaintiff The Alixir Company.(Boock, Todd) Related: [-]
		Att: 1 Declaration Declaration of Todd A. Boock in Support of Joint Stipulation,
		Att: 2 Proposed Order Proposed Order
39		39 order Appear Pro Hac Vice Fri 07/16 11:20 AM ORDER by Judge R. Gary Klausner denying37 Non-Resident Attorney Erika L Shapiro APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff The Alixir Company. Because of deficiencies listed at docket entry38 . (jp) Related: [-]
Thursday, July 15, 2021
38		38 notice Notice of Deficiency in Electronically filed Pro Hac Vice Application (G-112C) - optional html form Thu 07/15 12:12 PM NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Erika L. Shapiro to Appear Pro Hac Vice on behalf of Plaintiff The Alixir Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31623608)37 . The following error(s) was/were found: Local Rule 83-2.1.3.2(a) Applicant resides in California. Case information is incorrect and incorrect DJ initials on Application and proposed Order. Case number should be: 2:20-cv-08368-RGK-RAO. (lt) Related: [-]
Tuesday, July 13, 2021
37		37 motion Appear Pro Hac Vice (G-64) Tue 07/13 4:02 PM APPLICATION of Non-Resident Attorney Erika L. Shapiro to Appear Pro Hac Vice on behalf of Plaintiff The Alixir Company (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31623608) filed by Plaintiff The Alixir Company. (Boock, Todd) Related: [-]
		Att: 1 Exhibit Certificate Of Good Standing,
		Att: 2 Proposed Order Proposed Order To Application
Monday, July 12, 2021
36		36 order Protective Order Mon 07/12 11:38 AM STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order35 (dml) Related: [-]
Friday, July 09, 2021
35		35 stip Protective Order Fri 07/09 3:02 PM STIPULATION for Protective Order filed by Plaintiff The Alixir Company.(Boock, Todd) Related: [-]
Tuesday, July 06, 2021
34		34 2 pgs order Order Tue 07/06 5:17 PM DENIED BY ORDER OF THE CURT ORDER by Judge R. Gary Klausner re Stipulation to Continue33 DENIED. No good cause shown. (jp) Related: [-]
Friday, July 02, 2021
33		33 stip Continue Fri 07/02 6:16 PM STIPULATION to Continue Motion Cut-Off Date, Pre-Trial Conference, and Trial to Permit Time for Extended and Dedicated Expert Discovery Period Re: Scheduling Order,, Set/Reset Scheduling Order Deadlines,30 filed by defendant Que Onda Beverage, Inc..(Lussier, Kevin) Related: [-]
		Att: 1 Declaration of James D. Weinberger In Support Thereof,
		Att: 2 Proposed Order
Thursday, April 22, 2021
32		32 adr Notice of Assignment of Panel Mediator (ADR-11) Thu 04/22 11:39 AM NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Gail M. Title has been assigned to serve as Panel Mediator. (lst) Related: [-]
Wednesday, April 21, 2021
31		31 adr Stipulation Regarding Selection of Panel Mediator (Consent) - (ADR-2) Wed 04/21 1:07 PM STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Gail Migdal Title may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff The Alixir Company(Boock, Todd) Related: [-]
Wednesday, March 31, 2021
30		30 order Scheduling Order ~Util - Set/Reset Scheduling Order Deadlines Wed 03/31 2:53 PM (IN CHAMBERS) Order re Scheduling Conference by Judge R. Gary Klausner: The Court sets the following dates: Jury Trial (Est.7 days): 11/30/2021 at 9:00 AM. Pretrial Conference: 11/15/2021 at 9:00 AM. Motion Cut-Off Date (last day to file): 9/15/2021. Discovery Cut-Off Date: 9/1/2021. Last day to amend the complaint or add parties is 4/30/2021. The parties shall participate in settlement option 2. (jp) Related: [-]
29		29 order Order/Referral to ADR (No 2) (Mediation Panel) (ADR-12) Wed 03/31 2:21 PM ORDER/REFERRAL to ADR Procedure No. 2 by Judge R. Gary Klausner. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than October 1, 2021. (sw) Related: [-]
28		28 order Pretrial-Trial Scheduling Order - form only Wed 03/31 2:20 PM ORDER RE JURY TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 11/15/2021 at 9:00 am; Jury Trial set for 11/30/2021 at 9:00 am. See Order for details. (sw) Related: [-]
Tuesday, March 23, 2021
		textonly Text Only Scheduling Notice Tue 03/23 9:11 AM (IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. The Scheduling Conference calendared for March 29, 2021 at 9:00 a.m., is hereby taken off calendar. Scheduling and trial orders will follow. The Joint Stipulation for Order To Conduct Initial Scheduling Conference Virtually Due To Coronavirus Pandemic25 , is DENIED as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) Related: [-]
Monday, March 22, 2021
26		26 misc Joint Report Rule 26(f) Discovery Plan Mon 03/22 4:24 PM JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Plaintiff The Alixir Company.. (Boock, Todd) Related: [-]
Friday, March 12, 2021
25		25 7 pgs stip Order Fri 03/12 5:57 PM Joint STIPULATION for Order To Conduct Initial Scheduling Conference Virtually Due To Coronavirus Pandemic filed by Plaintiff The Alixir Company.(Boock, Todd) Related: [-]
		Att: 1 Proposed Order Order to Conduct Initial Scheduling Conference Virtually Due To Coronavirus Pandemic
Friday, January 15, 2021
24		24 answer Answer to Complaint (Attorney Civil Case Opening) Fri 01/15 11:40 AM ANSWER to Complaint (Attorney Civil Case Opening),1 with JURY DEMAND filed by Defendant Que Onda Beverage, Inc..(Lussier, Kevin) Related: [-]
Wednesday, January 06, 2021
23		23 order Dismiss Thu 01/07 9:26 AM MINUTES (IN CHAMBERS)Order Re: Defendant's Motion to Dismiss [DE 15] by Judge R. Gary Klausner. In accordance with the foregoing, the Court GRANTS in part and DENIES in part Defendant's Motion. Plaintiff's first claim for trademark infringement under 15 U.S.C. � 1114 is hereby DISMISSED. The Motion is DENIED as to Plaintiff's second, third, and fourth claims. (lom) Related: [-]
Thursday, December 10, 2020
22		22 textonly Text Only Scheduling Notice Thu 12/10 12:50 PM AMENDED SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: The Motion to Dismiss 15, calendared for hearing on December 14, 2020, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) Related: [-]
21		21 textonly Text Only Scheduling Notice Thu 12/10 12:44 PM SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: The Motion to Dismiss15 , calendared for hearing on November 16, 2020, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) Related: [-]
Monday, November 30, 2020
20		20 respm Reply (Motion related) Mon 11/30 11:49 AM REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Complaint 15 filed by Defendant Que Onda Beverage, Inc.. (Lussier, Kevin) Related: [-]
Monday, November 23, 2020
19		19 respm Response in Opposition to Motion Mon 11/23 9:04 PM OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Complaint 15 filed by Plaintiff The Alixir Company. (Boock, Todd) Related: [-]
Friday, November 13, 2020
18		18 order Appear Pro Hac Vice Tue 11/17 4:40 PM ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: GRANTING13 Non-Resident Attorney Daniel M. Nuzzaci APPLICATION to Appear Pro Hac Vice on behalf of Defendant Que Onda Beverage, Inc. dba Onda, designating Kevin R. Lussier as local counsel. (Thrasher, Lupe) Related: [-]
17		17 order Appear Pro Hac Vice Tue 11/17 4:37 PM ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: GRANTING12 Non-Resident Attorney James D. Weinberger APPLICATION to Appear Pro Hac Vice on behalf of Defendant Que Onda Beverage, Inc. dba Onda, designating Kevin R. Lussier as local counsel. (Thrasher, Lupe) Related: [-]
16		16 order Initial Order Setting R26 Scheduling Conference - form only Fri 11/13 5:00 PM ORDER SETTING INITIAL SCHEDULING CONFERENCE by Judge R. Gary Klausner. Scheduling Conference set for 3/29/2021 at 09:00 AM. See order for further details. (jre) Related: [-]
15		15 motion Dismiss (cause or other) Fri 11/13 4:29 PM NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendant Que Onda Beverage, Inc.. Motion set for hearing on 12/14/2020 at 09:00 AM before Judge R. Gary Klausner. (Lussier, Kevin) Related: [-]
		Att: 1 Memorandum Points and Authorities in support of Motion to Dismiss the Complaint,
		Att: 2 Proposed Order
Wednesday, November 11, 2020
14		14 notice Certificate/Notice of Interested Parties Wed 11/11 4:02 PM CERTIFICATE of Interested Parties filed by Defendant Que Onda Beverage, Inc., identifying Qu Onda Beverage, Inc., Noah Gray, Max Dworin, Kelli Adams, Shay Mitchell, 25 Madison, LLC, The Alixir Company, Alexandra Peabody, Founders Fund, LLC. (Lussier, Kevin) Related: [-]
Tuesday, November 10, 2020
13		13 motion Appear Pro Hac Vice (G-64) Tue 11/10 5:12 PM APPLICATION of Non-Resident Attorney Daniel M. Nuzzaci to Appear Pro Hac Vice on behalf of Defendant Que Onda Beverage, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28950556) filed by Defendant Que Onda Beverage, Inc.. (Lussier, Kevin) Related: [-]
		Att: 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice
12		12 motion Appear Pro Hac Vice (G-64) Tue 11/10 5:08 PM APPLICATION of Non-Resident Attorney James D. Weinberger to Appear Pro Hac Vice on behalf of Defendant Que Onda Beverage, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28950424) filed by Defendant Que Onda Beverage, Inc.. (Lussier, Kevin) Related: [-]
		Att: 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice
11		11 notice Notice of Appearance or Withdrawal of Counsel (G-123) Tue 11/10 4:49 PM Notice of Appearance or Withdrawal of Counsel: for attorney Kevin R Lussier counsel for Defendant Que Onda Beverage, Inc.. Adding Kevin R. Lussier as counsel of record for Que Onda Beverage, Inc. dba Onda for the reason indicated in the G-123 Notice. Filed by Defendant Que Onda Beverage, Inc. dba Onda. (Attorney Kevin R Lussier added to party Que Onda Beverage, Inc.(pty:dft))(Lussier, Kevin) Related: [-]
Tuesday, September 22, 2020
10		10 misc Report on Filing of Patent/Trademark Action (Initial Notification) (AO 120) Tue 09/22 4:21 PM REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by The Alixir Company. (Boock, Todd) Related: [-]
Tuesday, September 15, 2020
9		9 order Initial Order upon Filing of Complaint - form only Tue 09/15 10:30 AM STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw) Related: [-]
Monday, September 14, 2020
8		8 notice Copyright/Patent/Trademark (CV-31) (Notice to Counsel) - optional html form Mon 09/14 11:47 AM NOTICE 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. (et) Related: [-]
7		7 service Summons Issued (Attorney Civil Case Opening) Mon 09/14 11:46 AM 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Qu Onda Beverage, Inc. (et) Related: [-]
6		6 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Mon 09/14 11:36 AM NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) Related: [-]
5		5 notice Notice of Assignment to United States Judges (CV-18) - optional html form Mon 09/14 11:36 AM NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Rozella A. Oliver. (et) Related: [-]
Friday, September 11, 2020
4		4 notice Certificate/Notice of Interested Parties Fri 09/11 9:30 PM CORPORATE DISCLOSURE STATEMENT and NOTICE of Interested Parties filed by Plaintiff The Alixir Company dba Bev, identifying Alexandra Peabody, Founders Fund LLC, Noah Gray, Kelli Adams, Shay Mitchell. (Boock, Todd) Related: [-]
3		3 notice Summons Request Fri 09/11 9:24 PM Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71)2 , Complaint (Attorney Civil Case Opening),1 filed by Plaintiff The Alixir Company dba Bev. (Boock, Todd) Related: [-]
2		2 misc Civil Cover Sheet (CV-71) Fri 09/11 9:23 PM CIVIL COVER SHEET filed by Plaintiff The Alixir Company dba Bev. (Boock, Todd) Related: [-]
1		1 cmp Complaint (Attorney Civil Case Opening) Fri 09/11 9:22 PM COMPLAINT Receipt No: ACACDC-28053573 - Fee: $400, filed by Plaintiff The Alixir Company dba Bev. (Attorney Todd A Boock added to party The Alixir Company dba Bev(pty:pla))(Boock, Todd) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D,
		Att: 5 Exhibit E,
		Att: 6 Exhibit F,
		Att: 7 Exhibit G,
		Att: 8 Exhibit H,
		Att: 9 Exhibit I,
		Att: 10 Exhibit J

Continue to Create Account