1 of 6 9/23/2011 7:03 PM AO279, CLOSED UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:94-cv-02865-AWT-EE Tie/Communications v. David William Bell, et al Assigned to: Judge A. Wallace Tashima Referred to: Magistrate Judge Elgin Edwards Demand: $0 Cause: 15:1051 Trademark Infringement Plaintiff Tie/Communications, Inc. a Delaware corp Date Filed: 05/02/1994 Date Terminated: 07/05/1995 Jury Demand: None Nature of Suit: 840 Trademark Jurisdiction: Federal Question represented by Ann A Byun Morgan Lewis & Bockius 1701 Market St Philadelphia, PA 19103-2921 215-963-5000 Kent R Raygor Sheppard Mullin Richter and Hampton 1901 Avenue of the Stars Suite 1600 Los Angeles, CA 90067 310-228-3700 Fax: 310-228-3701 Email: kraygor@sheppardmullin.com Mark Riera Sheppard Mullin Richter & Hampton 333 S Hope St, 48th Fl Los Angeles, CA 90071-1448 213-620-1780 Email: mriera@sheppardmullin.com V. David William Bell an individual doing business as Inter-State Communications & Tie represented by David William Bell 3637 Roselawn Ave Glendale, CA 91208 818-543-5082
2 of 6 9/23/2011 7:03 PM Communications Branden T Bell an individual doing business as Inter-State Communications & Tie Communications PRO SE represented by Branden T Bell 3305 Park Vista Glendale, CA 91213 818-543-5082 PRO SE Inter-State Communications a business entity, form unknown Does 1-50 Date Filed # Docket Text 01/18/1994 22 ORDER by Magistrate Judge John R. Kronenberg granting motion for order comp resp & prod of docs [21-1], granting motion for sanctions agnst David Wm Bell and Branden t Bell in amt of $l,310, they shall be jointly and severally liable for that amt [21-2]. (lk) (Entered: 11/02/1994) 05/02/1994 1 COMPLAINT (Summons(es) issued) (referred to Discovery Elgin Edwards ) (ca) (Entered: 05/03/1994) 05/02/1994 REPORT on the filing or determination of an action regarding Trademarks (cc: form mailed to Washington, D.C.) (jw) (Entered: 05/06/1994) 05/13/1994 2 NOTICE OF MOTION AND MOTION by plaintiff Tie/Communications for an order granting preliminary injunction ; motion hearing set for 10:00 6/6/94 (jw) (Entered: 05/18/1994) 05/13/1994 LODGED/PROPOSED Order (FWD TO CRD) (jw) (Entered: 05/18/1994) 05/27/1994 3 ANSWER by defendant David William Bell, defendant Branden T Bell to [1-1] (lk) 05/27/1994 4 PROOF OF SERVICE OF SUMMONS AND COMPLAINT executed upon defendant David William Bell on 5/5/94 by personally leaving copies with David Wm. Bell. (lk) 05/27/1994 5 PROOF OF SERVICE OF SUMMONS AND COMPLAINT executed upon defendant Inter-State on 5/5/94 by leaving copies with David William Bell, person authorized to accept service. (lk) 05/27/1994 6 PROOF OF SERVICE OF SUMMONS AND COMPLAINT executed upon defendant Branden T Bell on 5/4/94 by personally delivering copies to Branden T. Bell. (lk) 05/27/1994 7 EX PARTE APPLICATION by plaintiff Tie/Communications for temporary restraining order pending determination of motion for preliminary injunction; hrg date set 5/27/94
3 of 6 9/23/2011 7:03 PM at 11:30 am. (lk) 05/27/1994 LODGED/PROPOSED Order (FWD TO CRD) (lk) 05/27/1994 7 DECLARATION of Robert Ellis by plaintiff Tie/Communications re [7-1] (lk) (Entered: 06/10/1994) 05/27/1994 7 DECLARATION of Susan Ddaly by plaintiff Tie/Communications re [7-1] (lk) 05/27/1994 7 DECLARATION of Anne Delventhal by plaintiff Tie/Communications re [7-1] (lk) 05/27/1994 7 DECLARATION of JamesS Furbush by plaintiff Tie/Communications re [7-1] (lk) 05/27/1994 7 DECLARATION of Mark Riera (Re:Notice) by plaintiff Tie/Communications re [7-1] (lk) 05/27/1994 8 REPLY MEMORANDUM by plaintiff Tie/Communications in support of application [7-1] ; hrg date 6/2/94 at 10:00am. (lk) 05/31/1994 9 STIPULATION and ORDER by Judge A. W. Tashima granting application [7-1] (lk) 05/31/1994 10 STIPULATION and ORDER by Judge A. W. Tashima granting application [7-1]; pursuant to stip, no bond or other security is required. (lk) 06/13/1994 11 APPLICATION to withdraw as attorney of record by defendant Branden T Bell defendant David William Bell (lisp) (Entered: 06/27/1994) 06/22/1994 12 MINUTES: OSC in writing nlt 7/18/94 why this actn s/not be dism for noncompliance w/lr 6.2 by Judge A. W. Tashima CR: N/A (dmjr) (Entered: 06/27/1994) 07/08/1994 13 JOINT REPORT OF EARLY MEETING OF COUNSEL Length of trial Pla est 15 crt days, dfts est 10 crt days. (lm) (Entered: 07/13/1994) 07/11/1994 14 MINUTES: Crt Ords mtn for subs of atty GRANTED & David & Branden Bell are substituted prose in this actn [11-1] by Judge A. W. Tashima CR: Lu Anna Wammack (lm) (Entered: 07/15/1994) 07/12/1994 15 NOTICE of ruling on appl to w/draw as atty of record by defendant David William Bell, defendant Branden T Bell (lm) (Entered: 07/15/1994) 07/12/1994 16 PROOF OF SERVICE by plaintiff Tie/Communications of stipulated prelim inj on dfts David William Bell, Branden T. Bell & Inter-State Communications, svd on attachd svc list on 6/2/94 (dhl) (Entered: 07/15/1994) 07/18/1994 17 ORDER by Judge A. W. Tashima granting application by Law Offices of Michael N Stafford to withdraw as attorney for dfts David Wm Bell and Branden T Bell, and that said dfts are now appearing in Pre Se [11-1] (lk) (Entered: 07/25/1994) 08/12/1994 18 ORDER by Judge A. W. Tashima DCO 3/29/95 ; pretrial conference on 10:00 5/29/95 (lisp) (Entered: 08/19/1994) 09/26/1994 20 NOTICE OF MOTION AND MOTION by plaintiff Tie/Communications for order comp ans to lst set of interrog, and for sanctions ; motion hearing set for 9:30 10/18/94 (lk) (Entered: 10/17/1994)
4 of 6 9/23/2011 7:03 PM 09/26/1994 LODGED/PROPOSED Order (FWD TO CRD), (lk) (Entered: 10/17/1994) 09/26/1994 21 NOTICE OF MOTION AND MOTION by plaintiff Tie/Communications for order comp resp & prod of docs to lst set of req for docs, and for sanctions ; motion hearing set for 9:30 10/18/94 (lk) (Entered: 10/17/1994) 09/28/1994 19 AMENDED NOTICE by plaintiff Tie/Communications of hearing on Mot to comp ans to interrog and compel prod of docs. (lk) (Entered: 10/13/1994) 10/18/1994 22 ORDER by Magistrate Judge John R. Kronenberg granting motion for order comp ans to lst set of interrog [20-1], granting motion for sanctions agnst dft David Wm Bell and Branden T Bell in amt of $l,3l0. both jointly and severally liable for that amt [20-2]. (lk) (Entered: 11/02/1994) 10/18/1994 23 ORDER by Magistrate Judge John R. Kronenberg granting motion for order comp resp & prod of docs [21-1], granting motion for sanctions agnst David Wm Bell and Branden T Bell in the amt of $500 both jointly and severally liable for that amount [21-2] (lk) (Entered: 11/02/1994) 10/18/1994 24 MINUTES: Case called. No appearance on behalf of dft. Motion being unopposed, court grants motion for order comp ans to lst set of interrog [20-1], grants motion for sanctions in the amount of $l,810 to pla NLT Oct 3l, l994 [20-2] by Magistrate Judge John R. Kronenberg CR: n/a (lk) (Entered: 11/07/1994) 10/21/1994 25 NOTICE by plaintiff Tie/Communications of Entry of Ord(s) compelling discovery responses and the payment of monetary sanctions. (lk) (Entered: 11/07/1994) 12/27/1994 26 NOTICE OF MOTION AND MOTION by plaintiff Tie/Communications for order recommending that the Dist Crt find the dfts in civil contempt, and for order recommending that their answer be stricken and their default be entered, and for monetary sanctions ; motion hearing set for 9:30 1/24/95 (dhl) (Entered: 12/28/1994) 12/27/1994 LODGED/PROPOSED Order (FWD TO CRD) (dhl) (Entered: 12/28/1994) 01/13/1995 27 MINUTES: that the motion for order recommending that the Dist Crt find the dfts in civil contempt [26-1] is submitted by Magistrate Judge John R. Kronenberg CR: n/a (mco) (Entered: 02/08/1995) 02/10/1995 28 ORDER by Magistrate Judge John R. Kronenberg granting motion for monetary sanctions; FRCP 37(b)(2) & 37(d) defts David William Bell & Branden T Bell shall pay monetary sanctions for their failure to comply w/this crt's ords in the amt of $1,460.00 by del a cashier's check md payable to TIE/Communications, Inc to Kent R Raygor, cnsl for pltf TIE by 2/20/95. This crt ords defts David William Bell & Branden T Bell shall be jointly & severally liable for tht amt[26-3] (jc) (Entered: 02/14/1995) 02/16/1995 29 ORDER by Judge A. W. Tashima gr mot(s) for order recommending that their answer be stricken and their default be entered [26-2]. It is ORD 1) Mag's findings of fact are approved; 2) the Mag's imposition of monetary sanctions is approved & his rec that dflt be ent is approved; 3) the ans of dfts David William Bell & Branden T. Bell is hereby stricken & the Clk is ord to ent dflt of said dfts; 4) the crt declines to approve the mag's rec that dfts be found in civil contempt [26-1]; 5) in the event the monetary sanctions imposed in this act $1,810 + 1,460 in the total sum of $3,270 are not pd w/in 10 days of the entry of this ord, said sanctions shall be subj to execution against dfts David William Bell & Branden T. Bell, jointly & severally, as a final jgm & shall bear interest at the rate of 7.03 % per annum; 6) plf shall promptly file its mot for a dflt jgm. (ENT
5 of 6 9/23/2011 7:03 PM 2/17/95), mld cpys & nots. (lori) (Entered: 02/17/1995) 02/16/1995 30 NOTICE of ent of ord recommending tht the Dist crt find the defts in contempt, recom tht their ans be stricken & dflt ent & award monetary sanctions. by plaintiff Tie/Communications (jc) (Entered: 02/27/1995) 02/24/1995 31 NOTICE by plaintiff Tie/Communications of ord imposing term sanctions & ent of dflt (jc) (Entered: 02/27/1995) 05/15/1995 32 MINUTES: On Crts own motion the ; pretrial conference is continued to 10:00 6/5/95 by Judge A. W. Tashima CR: none (lk) (Entered: 06/01/1995) 06/02/1995 33 MINUTES: Ptys are notified tht Pretrial conf date of June 5, 1995 is Ord vacated and off calendar ; pretrial conference vacated by Judge A. W. Tashima CR: none (lk) (Entered: 06/12/1995) 06/14/1995 34 APPLICATION by plaintiff Tie/Communications for default judgment against David William Bell, Branden T Bell ; motion hearing set for 2:00 7/10/95; Memo of P/A's; decl of Kent R. Raygor, Lori Cook North, John Abbagnaro, George N Benjamin III, Ronald D McEvoy, Robert H. Kalina, and Steven Edwards. (lk) (Entered: 06/16/1995) 06/19/1995 35 NOTICE by plaintiff Tie/Communications ofnew hrg time re appl for dflt jgm; New hrg date July 10, 1995 at 2:00 pm. (lk) (Entered: 06/30/1995) 06/28/1995 36 MINUTES: vacating hearing re motion for default judgment against David William Bell, Branden T Bell [34-1] by Judge A. W. Tashima CR: n/a (dhl) (Entered: 07/07/1995) 07/03/1995 38 NOTICE by plaintiff Tie/Communications of entry of minute ord concerning briefing on pla's mtn for dflt jgm (dhl) (Entered: 07/13/1995) 07/03/1995 39 NOTICE by plaintiff Tie/Communications of failure to file required papers (dhl) (Entered: 07/13/1995) 07/03/1995 40 NOTICE by plaintiff Tie/Communications of entry of minute ord concerning briefing on pla's mtn for dflt jgm (dhl) (Entered: 07/13/1995) 07/05/1995 37 DEFAULT JUDGMENT by Judge A. W. Tashima against defendant David William Bell, defendant Branden T Bell granting motion for default judgment against David William Bell, Branden T Bell [34-1]; It is Ord as follows: dfts and all persons in active concert with them and who receive actual ntc of this perm inj, are permanently enjoined: dfts shall not use TIE/ comm name or any other name that includes the term "tie"; Pla TIE shall recover from dfts and dfts shall pay pla the following amts; Profits $2,450.00, damages of $134,673., sanctions awarded by this Crt on 2/17/95 Ord; atty fees of $26,000., total $166,393., interest at rate of 5.53% per annum until paid in full, dfts shall each be jointly and severally liable for entire monetary award and costs; Further Ord that this actn is dismissed without prejudice as to all remaining dfts, none of whom has appeared and none of whom, except one, has been served with summons and cmp and as to whom there has been no proceedings for over 13 months. terminating case (ENT 7/7/95) MD JS-6 mld cpys (lk) (Entered: 07/07/1995) 07/10/1995 MAIL Returned [37-2] addressed to defendant Inter-State (lk) (Entered: 07/21/1995) 07/25/1995 41 NOTICE by plaintiff Tie/Communications of entry of default Jdgmt agnst David William Bell and Branden T Bell. (lk) (Entered: 08/09/1995)