The Cookie Department, Inc. v. The Hershey Company et al
| California Northern District Court | |
| Judge: | Vince Chhabria |
| Case #: | 4:21-cv-06743 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:2201 Declaratory Judgement |
| Case Filed: | Aug 31, 2021 |
| Terminated: | Nov 12, 2021 |
| Last checked: Sunday Feb 27, 2022 1:52 AM PST |
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Defendant
Hershey Chocolate & Confectionary LLC
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Represented By
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Defendant
The Hershey Company
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Represented By
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Plaintiff
The Cookie Department, Inc.
a California Corporation 6424 SW Alfred Street
Portland, OR 97219 |
Represented By
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| Docket last updated: 04/27/2025 11:59 PM PDT |
| Wednesday, November 10, 2021 | ||
| 25 | 25
NOTICE of Voluntary Dismissal Without Prejudice by The Cookie Department, Inc. (Indrajana, Michael)
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| 24 | 24 CLERK'S NOTICE SETTING MOTION HEARING FOR 12/16/2021 RE13 MOTION to Dismiss, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Motion Hearing set for 12/16/2021 at 10:00 AM by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.can d.uscourts.gov/vc] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Friday, December 10th, 2021, by no later than 10:00AM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) | |
| 23 | 23
Renotice motion hearing re13 MOTION to Dismiss , Notice of Motion, and Memorandum in Support filed byHershey Chocolate & Confectionary LLC, The Hershey Company. (Sifuentes, Rachel)
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| Thursday, November 04, 2021 | ||
| 22 | 22 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 11/24/2021. Initial Case Management Conference set for 12/1/2021 at 01:00 PM by Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/vc] Court App earances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Wednesday, November 24th, 2021, by no later than 10:00AM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.go v/zoom/] . (This is a text-only entry generated by the court. There is no document associated with this entry.) . (bxs, COURT STAFF) | |
| 21 | 21
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 11/4/21.(ha, COURT STAFF)
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Att: 1
Notice of Eligibility for Video Recording
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| Wednesday, November 03, 2021 | ||
| 20 | 20 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) | |
| 19 | 19
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Hershey Chocolate & Confectionary LLC, The Hershey Company.. (Sifuentes, Rachel)
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| Tuesday, November 02, 2021 | ||
| 18 | 18
ORDER by Magistrate Judge Sallie Kim granting 12 Motion for Pro Hac Vice as to Monique Howery. (mkl, COURT STAFF)
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ORDER by Magistrate Judge Sallie Kim granting 11 Motion for Pro Hac Vice as to Keyonn Pope. (mkl, COURT STAFF)
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CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 11/9/2021 . Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 11/9/2021. (mkl, COURT STAFF)
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| Monday, November 01, 2021 | ||
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Certificate of Interested Entities by Hershey Chocolate & Confectionary LLC identifying Corporate Parent The Hershey Company for Hershey Chocolate & Confectionary LLC. Pursuant to Fed. R. Civ. P. 7.1 and L.R. 3-15 (Sifuentes, Rachel)
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Certificate of Interested Entities by The Hershey Company Pursuant to Fed. R. Civ. P. 7.1 and L.R. 3-15 (Sifuentes, Rachel)
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| 13 | 13
MOTION to Dismiss , Notice of Motion, and Memorandum in Support filed by Hershey Chocolate & Confectionary LLC, The Hershey Company. Motion Hearing set for 12/6/2021 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 11/15/2021. Replies due by 11/22/2021.(Sifuentes, Rachel)
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Att: 1
Declaration of Sifuentes in Support of Motion to Dismiss,
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Att: 2
Exhibit A - Aug 27, 2021 Letter,
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Att: 3
Exhibit B - Draft Complaint,
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Att: 4
Exhibit C - Filed Complaint,
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Att: 5
Request for Judicial Notice,
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Att: 6
Exhibit D - 2020 Sec. of State Filing,
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Att: 7
Exhibit E - 2021 Sec. of State Filing,
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Att: 8
Proposed Order,
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Att: 9
Certificate/Proof of Service
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| 12 | 12
MOTION for leave to appear in Pro Hac Vice Monique Howery ( Filing fee $ 317, receipt number ACANDC-16578484.) filed by Hershey Chocolate & Confectionary LLC, The Hershey Company. (Howery, Monique)
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| 11 | 11
MOTION for leave to appear in Pro Hac Vice Keyonn Pope ( Filing fee $ 317, receipt number ACANDC-16578064.) filed by Hershey Chocolate & Confectionary LLC, The Hershey Company. (Pope, Keyonn)
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| Tuesday, September 14, 2021 | ||
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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Cookie Department, Inc... (Indrajana, Michael)
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| 9 | 9
WAIVER OF SERVICE Returned Executed filed by The Cookie Department, Inc.. Service waived by All Defendants. (Indrajana, Michael)
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REQUEST FOR WAIVER of Service sent to Herhsey Chocolate & Confectionery LLC on 08/31/2021 by The Cookie Department, Inc.. Waiver of Service due by 9/30/2021. (Indrajana, Michael)
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REQUEST FOR WAIVER of Service sent to The Hershey Company on 08/31/2021 by The Cookie Department, Inc.. Waiver of Service due by 9/30/2021. (Indrajana, Michael)
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| Wednesday, September 01, 2021 | ||
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Summons Issued as to Defendants Hershey Chocolate & Confectionary LLC, and The Hershey Company. (tnS, COURT STAFF)
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Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 11/22/2021. Initial Case Management Conference set for 11/29/2021 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF)
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| Tuesday, August 31, 2021 | ||
| 4 | 4
Civil Cover Sheet by The Cookie Department, Inc. JS-CAND . (Indrajana, Michael)
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| 3 | 3 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/14/2021. (bwS, COURT STAFF) | |
| 2 | 2
Proposed Summons. (Indrajana, Michael)
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| 1 | 1
COMPLAINT for Declaratory Judgment of Non-Infringement; Jury Trial Demanded against The Hershey Company, and Hershey Chocolate & Confectionary Corporation LLC, (Filing Fee: $402.00, receipt number 0971-16340971). Filed by The Cookie Department, Inc..(Indrajana, Michael) Modified on 9/1/2021 (tnS, COURT STAFF).
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Att: 1
Exhibit 1,
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Att: 2
Civil Cover Sheet
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| Case has been randomly assigned to judge, however incorrect Civil Cover Sheet CAND 44 used at case opening. Please complete and re-file as a separate docket entry correct Civil Cover Sheet JS-CAND 44 | ||