PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT
Initial CMC: April 28, 2011, 10:00 a.m.
Plaintiff's Case Management Statement
Specialized Bicycle Components, Inc. v. Maria Morales, d/b/a pitasstrata, an individual, Camelita James, d/b/a camelitachimbambita, an individual, and Does 1-5 dilution arising under the Lanham Act, 15 U.S.C. § 1051, et seq., as well as related state law claims 4 arising from Defendants' willful sale of counterfeit goods bearing the trademarks owned and used by
Complaint, the Defendants knowingly sold, offered for sale, or otherwise contributed to the sale of 7 counterfeit versions of Plaintiff's cycling accessories and apparel, and are therefore liable for direct 8 and/or contributory infringement of Plaintiff's lawfully owned trademarks. Defendants' conduct has 9 produced and, unless enjoined by this Court, will continue to produce a likelihood of consumer 10 confusion and deception, to the irreparable injury of Plaintiff. 11
12 are aliases. Plaintiff is therefore currently in the process of attempting to identify and locate the 13
Defendants to complete service of process. With this Court's permission, Plaintiff conducted early 14 discovery in an effort to ascertain the true identity of the Defendants in this case and served a 15 subpoena on eBay, Inc. ("eBay"). eBay has responded with some information, and Plaintiff is in the 16 process of meeting and conferring with eBay to obtain the additional information necessary to 17 properly identify and serve the Defendants. Plaintiff is hopeful the information will be produced 18 without the need for motion practice. Under these circumstances, Plaintiff intends to seek an 19 extension of time to complete service of process if it is not able to do so within the time limit 20 imposed by the Federal Rules of Civil Procedure. 21
CMC statement. Plaintiff respectfully requests that the CMC be re-set for a date approximately 90 24 days from now, by which time Plaintiff believes it will have concluded its efforts to identify the
Defendants in order to complete service of process. 26 27 28
Plaintiff's Case Management Statement Specialized Bicycle Components, Inc. v. Maria Morales, d/b/a pitasstrata, an individual, Camelita James, d/b/a camelitachimbambita, an individual, and Does 1-5
Plaintiff's Brief Case Management Statement
This is an action for trademark counterfeiting, trademark infringement, and trademark
Plaintiff Specialized Bicycle Components, Inc. ("Specialized"). As described more fully in the 6
The information available to Plaintiff suggests that the names used to sell counterfeit goods
Based on the procedural status of this matter, Plaintiff believes it is ...