Frank Berry Designs Inc. v. Table Thirty Three LLC et al
| California Central District Court | |
| Judge: | Dean D Pregerson |
| Referred: | Douglas F Mccormick |
| Case #: | 8:24-cv-02227 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 15:1125 Trademark Infringement (Lanham Act) |
| Case Filed: | Oct 15, 2024 |
| Last checked: Sunday Apr 13, 2025 3:22 AM PDT |
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Counter Claimant
McCall Henke
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Represented By
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Counter Claimant
Table Thirty Three LLC
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Represented By
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Counter Defendant
Frank Berry
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Represented By
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Counter Defendant
Does
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Counter Defendant
Frank Berry Designs Inc.
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Represented By
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Defendant
McCall Henke
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Represented By
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Defendant
Table Thirty Three LLC
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Represented By
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Defendant
Does
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Plaintiff
Frank Berry Designs Inc.
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Represented By
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| Docket last updated: 3 hours ago |
| Thursday, April 10, 2025 | ||
| 36 | 36
order
Dismiss
Thu 04/10 4:37 PM
ORDER GRANTING COUNTERDEFENDANTS' MOTION TO DISMISS COUNTERCLAIM by Judge Dean D. Pregerson: Presently before the court is Plaintiff- Counterclaimants Frank Berry and Frank Berry Designs Inc. (collectively, "Berry")'s Motion to Dismiss Counterclaim (Dkt.23 ). Having considered the submissions of the parties and heard oral argument, the court grants the motion and adopts the following Order. Any amended counterclaim shall be filed within fourteen days of the date of this Order. [See document for further information.] granting23 MOTION to Dismiss (es) |
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| Monday, March 31, 2025 | ||
| 35 | 35
order
Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
Tue 04/01 8:00 AM
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dean D. Pregerson. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than March 16, 2026. (es) |
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| 34 | 34
order
Scheduling Order ~Util - Set/Reset Deadlines/Hearings
Mon 03/31 4:14 PM
SCHEDULING ORDER by Judge Dean D. Pregerson, ( Last day to join other parties and to amend the pleadings 6/30/25; Fact Discovery cut-off 12/15/2025., Motions due by 3/9/2026., Final Pretrial Conference set for 6/1/2026 11:00 AM before Judge Dean D. Pregerson., Five Day Jury Trial set for 6/23/2026 09:00 AM before Judge Dean D. Pregerson.) (see attached for further details) (pj) |
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| 33 | 33
minutes
Motion Hearing Dismiss
Mon 03/31 4:08 PM
MINUTES OF MOTION TO DISMISS COUNTERCLAIMANTS' COUNTERCLAIM23 ;SCHEDULING CONFERENCE23 held before Judge Dean D. Pregerson: The hearing is held. Following discussion with counsel, the court takes the motionunder submission. A written order will issue. The scheduling conference is held. The Court adopts the parties' Rule 26(f) Report. The Court's Scheduling Order will issue. Court Reporter: Maria Bustillos. (pj) |
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| Monday, March 17, 2025 | ||
| 32 | 32
textonly
Text Only Scheduling Notice
Mon 03/17 12:57 PM
SCHEDULING NOTICE (IN CHAMBERS) by Judge Dean D. Pregerson. On the Court's own motion, the Scheduling Conference16 and Joint Report29 is continued from 3/24/2025 to 3/31/2025 at 11:00 AM before Judge Dean D. Pregerson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) |
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textonly
Text Only Scheduling Notice
Mon 03/17 12:24 PM
SCHEDULING NOTICE (IN CHAMBERS) by Judge Dean D. Pregerson. On the Court's own motion, the NOTICE OF MOTION AND MOTION to Dismiss Counterclaimants' Counterclaim23 from 3/24/2025 (dkt. 30) to 3/31/2025 at 10:00 AM before Judge Dean D. Pregerson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) |
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| Friday, March 14, 2025 | ||
| 30 | 30
textonly
Text Only Scheduling Notice
Fri 03/14 9:26 AM
SCHEDULING NOTICE (IN CHAMBERS) by Judge Dean D. Pregerson. On the Court's own motion, the NOTICE OF MOTION AND MOTION to Dismiss Counterclaimants' Counterclaim23 is continued from 3/17/2025 to 3/24/2025 at 10:00 AM before Judge Dean D. Pregerson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) |
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| Tuesday, March 11, 2025 | ||
| 29 | 29
misc
Joint Report Rule 26(f) Discovery Plan
Tue 03/11 2:40 PM
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 court days, filed by Plaintiff Frank Berry Designs Inc., Counter Defendants Frank Berry Designs Inc., Frank Berry.. (Gubernick, Deborah) |
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| Tuesday, March 04, 2025 | ||
| 28 | 28
notice
Deficiency in Filed Documents (G-112A) - optional html form
Tue 03/04 12:46 PM
NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Change of Address,,27 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Application for Substitution of Attorney G-01. 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. (ak) |
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| Monday, March 03, 2025 | ||
| 27 | 27
attorney
Change of Address
Mon 03/03 1:54 PM
NOTICE of Change of firm name and address by Allen B Grodsky attorney for Defendants Table Thirty Three LLC, McCall Henke, Counter Claimants McCall Henke, Table Thirty Three LLC. Changing firm name to Leech Tishman Nelson Hardiman and address to 1100 Glendon Ave. 14th Floor Los Angeles, CA 90024. Filed by Defendants Table Thirty Three LLC, McCall Henke, Counter Claimants McCall Henke, Table Thirty Three LLC. (Attorney Allen B Grodsky added to party McCall Henke(pty:dft), Attorney Allen B Grodsky added to party McCall Henke(pty:cc), Attorney Allen B Grodsky added to party Table Thirty Three LLC(pty:cc))(Grodsky, Allen) |
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| 26 | 26
attorney
Change of Address
Mon 03/03 12:31 PM
NOTICE of Change of firm name and address by Courtney Puritsky attorney for Defendants Table Thirty Three LLC, McCall Henke, Counter Claimants McCall Henke, Table Thirty Three LLC. Changing firm name to LEECH TISHMAN NELSON HARDIMAN and address to 1100 Glendon Ave., 14th Floor, Los Angeles, CA 90024. Filed by Defendants Table Thirty Three LLC, McCall Henke, Counter Claimants McCall Henke, Table Thirty Three LLC. (Puritsky, Courtney) |
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| Friday, February 28, 2025 | ||
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respm
Reply (Motion related)
Fri 02/28 1:15 PM
REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Counterclaimants' Counterclaim 23 filed by Plaintiff Frank Berry Designs Inc., Counter Defendant Frank Berry Designs Inc.. (Sonnenberg, Gregory) |
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| Monday, February 24, 2025 | ||
| 24 | 24
11
pgs
respm
Memorandum in Opposition to Motion
Mon 02/24 2:34 PM
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Counterclaimants' Counterclaim 23 filed by Counter Claimants McCall Henke, Table Thirty Three LLC. (Puritsky, Courtney) |
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| Tuesday, February 11, 2025 | ||
| 23 | 23
motion
Dismiss (cause or other)
Tue 02/11 3:57 PM
NOTICE OF MOTION AND MOTION to Dismiss Counterclaimants' Counterclaim filed by Counter-Defendants Frank Berry Designs Inc., Frank Berry. Motion set for hearing on 3/17/2025 at 10:00 AM before Judge Dean D. Pregerson. (Attorney Gregory Sonnenberg added to party ) (Sonnenberg, Gregory) |
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Att: 1
Proposed Order
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| Tuesday, January 21, 2025 | ||
| 22 | 22
othcmp
Amended Counterclaim
Tue 01/21 2:12 PM
FIRST AMENDED COUNTERCLAIM against Plaintiffs/Counter-Defendants Frank Berry, Does, Frank Berry Designs Inc. amending Answer to Complaint (Attorney Civil Case Opening),, Counterclaim,13 ; JURY DEMAND, filed by Defendants/Counter-Claimants Table Thirty Three LLC, McCall Henke(Attorney Courtney Puritsky added to party Table Thirty Three LLC(pty:dft), Attorney Courtney Puritsky added to party McCall Henke(pty:dft), Attorney Courtney Puritsky added to party McCall Henke(pty:cc), Attorney Courtney Puritsky added to party Table Thirty Three LLC(pty:cc))(Puritsky, Courtney) |
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| Wednesday, January 15, 2025 | ||
| 21 | 21
order
Substitute Attorney
Mon 01/20 10:33 AM
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY,20 by Judge Dean D. Pregerson as to Table Thirty Three LLC.: The court hereby orders that the request of: Table Thirty Three, LLC and Henkle, Defendants to substitute Allen B. Grodsky who is Retained Counsel, 11111 Santa Monica Blvd., Suite 1070, Los Angeles, CA 90025 as attorney of record instead of Roger L. Scott and Matthew L Seror, Buchalter, APC is hereby GRANTED. See order for more information. (shb) |
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| Tuesday, January 14, 2025 | ||
| 20 | 20
motion
Substitute Attorney (G-01)
Tue 01/14 12:33 PM
REQUEST TO WITHDRAW ATTORNEY Roger L. Scott as counsel of record filed by Defendants Table Thirty Three LLC, McCall Henke. (Scott, Roger) |
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Att: 1
Proposed Order Proposed Order On Request For Approval Of Substitution Or Withdrawal Of Attorney
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| 19 | 19
service
Summons Issued
Tue 01/14 9:35 AM
21 DAY Summons Issued re Answer to Complaint (Attorney Civil Case Opening), Counterclaim13 as to Counterdefendant Frank Berry. (et) |
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| Friday, January 10, 2025 | ||
| 18 | 18
order
Extending Answer Due Deadline
Fri 01/10 12:21 PM
ORDER ON STIPULATION TO EXTEND TIME TO RESPOND TO COUNTERCLAIM granting Stipulation Extending Time to Answer17 by Judge Dean D. Pregerson: 1. The Stipulation is Approved; and 2. Counterclaim Defendants shall have a two-week extension of time, until January 24, 2025, to respond to the counterclaim filed by Counterclaimants to allow Counterclaimants time to amend their counterclaim. (bm) |
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| Tuesday, January 07, 2025 | ||
| 17 | 17
stip
Extending Time to Answer (30 days or less)
Tue 01/07 2:02 PM
STIPULATION Extending Time to Answer the complaint as to Frank Berry Designs Inc. answer now due 1/24/2025, re Answer to Complaint (Attorney Civil Case Opening),, Counterclaim,13 filed by Counterclaim Defendant Frank Berry Designs Inc..(Sonnenberg, Gregory) |
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Att: 1
Proposed Order
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| Thursday, December 26, 2024 | ||
| 16 | 16
2
pgs
order
Order ~Util - Set/Reset Hearings
Fri 12/27 10:19 AM
ORDER SETTING SCHEDULING CONFERENCE by Judge Dean D. Pregerson: Scheduling Conference set for 3/24/2025 at 11:00 AM before Judge Dean D. Pregerson. This matter is set for a scheduling conference in Courtroom 9C, before the Honorable Dean D. Pregerson, located at 350 West 1st Street, Los Angeles, California 90012. The conference will be held pursuant to Federal Rules of Civil Procedure 16(b). Lead trial counsel shall attend the scheduling conference. IT IS SO ORDERED. See order for more information. (shb) |
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| Friday, December 20, 2024 | ||
| 15 | 15
notice
Summons Request
Fri 12/20 4:20 PM
Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),, Counterclaim,13 filed by Defendants and Counterclaimants Table Thirty Three LLC, McCall Henke. (Scott, Roger) |
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| 14 | 14
notice
Certificate/Notice of Interested Parties
Fri 12/20 4:19 PM
NOTICE of Interested Parties filed by Defendants an Counterclaimants Table Thirty Three LLC, McCall Henke, (Scott, Roger) |
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| 13 | 13
answer
Answer to Complaint (Attorney Civil Case Opening) Counterclaim
Fri 12/20 4:17 PM
ANSWER to Complaint (Attorney Civil Case Opening),1 with JURY DEMAND , COUNTERCLAIM against Table Thirty Three LLC, Frank Berry Designs Inc. filed by Defendants and Counterclaimants McCall Henke, Table Thirty Three LLC.(Attorney Roger L Scott added to party Table Thirty Three LLC(pty:dft), Attorney Roger L Scott added to party McCall Henke(pty:dft))(Scott, Roger) |
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| Tuesday, November 26, 2024 | ||
| 12 | 12
service
Waiver of Service Executed
Tue 11/26 12:14 PM
WAIVER OF SERVICE Returned Executed filed by Plaintiff Frank Berry Designs Inc.. upon McCall Henke waiver sent by Plaintiff on 10/21/2024, answer due 12/20/2024. Waiver of Service signed by Roger L. Scott, Counsel for McCall Henke. (Sonnenberg, Gregory) |
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| 11 | 11
service
Waiver of Service Executed
Tue 11/26 12:11 PM
WAIVER OF SERVICE Returned Executed filed by Plaintiff Frank Berry Designs Inc.. upon Table Thirty Three LLC waiver sent by Plaintiff on 10/21/2024, answer due 12/20/2024. Waiver of Service signed by Roger L. Scott, Counsel for Table Thirty Three LLC. (Sonnenberg, Gregory) |
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| Friday, November 15, 2024 | ||
| 10 | 10
order
Minutes of In Chambers Order/Directive - no proceeding held
Fri 11/15 4:12 PM
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D. Pregerson. Counsel must refer to the Central Districts website at http://www.cacd.uscourts.gov for Judge Dean D.Pregerson's Procedures and Schedules. Counsel must review the Court's Standing Order and CV Trial Order, and comply with the same. The Court hears motions only on Mondays at 10:00 a.m. It is not necessary to clear a motion date with the Court Clerk prior to filing a motion. Counsel are required to comply with C.D. Cal. L.R. 5-4.4.1 through 5-4.4.2. See order for more information. (shb) |
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| Thursday, October 17, 2024 | ||
| 9 | 9
service
Summons Issued (Attorney Civil Case Opening)
Thu 10/17 12:50 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),1 as to Defendants McCall Henke, Table Thirty Three LLC. (sh) |
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| 8 | 8
notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Thu 10/17 12:47 PM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
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adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Thu 10/17 12:46 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
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| 6 | 6
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Thu 10/17 12:46 PM
NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Douglas F. McCormick. (sh) |
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| Tuesday, October 15, 2024 | ||
| 5 | 5
misc
Report on Filing of Copyright Action (Initial Notification) (AO-121)
Tue 10/15 3:22 PM
REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Frank Berry Designs Inc.. (Gubernick, Deborah) |
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notice
Certificate/Notice of Interested Parties
Tue 10/15 3:20 PM
CERTIFICATION and NOTICE of Interested Parties filed by Plaintiff Frank Berry Designs Inc., identifying Frank M. Berry and Berry 2010 Trust. (Gubernick, Deborah) |
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notice
Summons Request
Tue 10/15 3:17 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 filed by Plaintiff Frank Berry Designs Inc.. (Gubernick, Deborah) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Tue 10/15 3:16 PM
CIVIL COVER SHEET filed by Plaintiff Frank Berry Designs Inc.. (Gubernick, Deborah) |
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| 1 | 1
cmp
Complaint (Attorney Civil Case Opening)
Tue 10/15 3:13 PM
COMPLAINT Receipt No: ACACDC-38399113 - Fee: $405, filed by Plaintiff Frank Berry Designs Inc.. (Attorney Deborah Ann Gubernick added to party Frank Berry Designs Inc.(pty:pla))(Gubernick, Deborah) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I
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