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CM/ECF - California Central District

(JCGx),CLOSED,DISCOVERY,MANADR

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:12-cv-02088-ABC-JCG
BCBG Max Azria Group Inc v. Stretta Moda LLC Assigned to: Judge Audrey B. Collins Referred to: Magistrate Judge Jay C. Gandhi Cause: 15:1125 Trademark Infringement (Lanham Act) Plaintiff BCBG Max Azria Group Inc represented by David S Elkins Squire Sanders US LLP 600 Hansen Way Palo Alto, CA 94304-1043 650-856-6500 Fax: 650-843-8777 Email: david.elkins@squiresanders.com ATTORNEY TO BE NOTICED Erica Suzanne Alterwitz BCBG Max Azria Group Inc 2761 Fruitland Avenue Vernon, CA 90058 323-277-6546 Email: erica.alterwitz@bcbg.com ATTORNEY TO BE NOTICED Joseph Patrick Grasser Squire Sanders US LLP 600 Hansen Way Palo Alto, CA 94304 650-856-6500 Fax: 650-843-8777 Email: joseph.grasser@squiresanders.com ATTORNEY TO BE NOTICED Maryn L Miller BCBG Max Azria Group Inc Legal Dept 2761 Fruitland Ave Vernon, CA 90058 323-277-5394 Fax: 323-277-5463 Email: MarynM@BCBG.com
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Date Filed: 03/12/2012 Date Terminated: 04/23/2013 Jury Demand: Both Nature of Suit: 840 Trademark Jurisdiction: Federal Question

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ATTORNEY TO BE NOTICED Reyoung Kim BCBG Max Azria Group Inc 2761 Fruitland Avenue Vernon, CA 90058 323-277-5394 Fax: 323-277-5463 ATTORNEY TO BE NOTICED V. Defendant Stretta Moda LLC a California limited liability company represented by Douglas A Linde The Linde Law Firm 9000 Sunset Boulevard Suite 1025 Los Angeles, CA 90069 310-203-9333 Fax: 310-203-9233 Email: dal@lindelaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark B Mizrahi Wolf Rifkin Shapiro Schulman and Rabkin LLP 11400 West Olympic Boulevard 9th Floor Los Angeles, CA 90064-1582 310-478-4100 Fax: 310-478-6363 Email: mmizrahi@wrslawyers.com TERMINATED: 08/29/2012 Michelle Elaine Goodman Law Offices of Michelle E. Goodman 1522 Amherst Avenue #402 Los Angeles, CA 90025 310-922-0444 Email: mgoodmanesq@gmail.com TERMINATED: 08/29/2012 Mediator (ADR Panel) David Grace represented by David Wayne Grace Loeb & Loeb LLP 10100 Santa Monica Boulevard Suite 2200 Los Angeles, CA 90067-4164 310-282-2000 Fax: 310-282-2192 Email: dgrace@loeb.com
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ATTORNEY TO BE NOTICED Date Filed 03/12/2012 # Docket Text

1 COMPLAINT against Defendant Stretta Moda LLC. Case assigned to Judge Audrey B. Collins for all further proceedings. Discovery referred to Magistrate Judge Jay C. Gandhi. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff BCBG Max Azria Group Inc. (et) (Additional attachment(s) added on 3/13/2012: # 1 Ntc of Asgmt, # 2 Summons, # 3 Civil Cover Sheet) (mg). (Entered: 03/13/2012) 21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant Stretta Moda LLC. (et) (Entered: 03/13/2012) 2 NOTICE of Interested Parties filed by Plaintiff BCBG Max Azria Group Inc. (et) (mg). (Entered: 03/13/2012) 3 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff BCBG Max Azria Group Inc. (et) (mg). (Entered: 03/13/2012) 4 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. (Attachments: # 1 Form AO-120) (et) (Entered: 03/13/2012) 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 03/13/2012) 6 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by BCBG Max Azria Group Inc. (Elkins, David) (Entered: 03/22/2012) 7 PROOF OF SERVICE Executed by Plaintiff BCBG Max Azria Group Inc, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon Benzoo Souk, Shipping Manager in compliance with California Code of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy. Original Summons returned. (Elkins, David) (Entered: 03/22/2012) 8 STIPULATION Extending Time to Answer the complaint as to Stretta Moda LLC answer now due 5/3/2012, re Complaint - (Discovery), Complaint - (Discovery) 1 filed by defendant Stretta Moda LLC.(Mizrahi, Mark) (Entered: 05/02/2012) 9 ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 with JURY DEMAND filed by defendant Stretta Moda LLC.(Mizrahi, Mark) (Entered: 05/03/2012) 10 NOTICE of Interested Parties filed by defendant Stretta Moda LLC, identifying BCBG Max Azaria Group, Inc., Stretta Moda, LLC, and Elite Impact USA, LLC. (Mizrahi, Mark) (Entered: 05/03/2012) 11 ORDER RE: PRETRIAL CONFERENCE: 1. PRETRIAL CONFERENCE PURSUANT TO FED. R. CIV. P. 16 AND 26 AND LOCAL RULE 26; 2. MOTIONS & EX PARTE APPLICATIONS by Judge Audrey B. Collins. This action has been assigned to the calendar of Chief Judge Audrey B. Collins,
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Courtroom 680, Roybal Federal Building, 255 East Temple Street, Los Angeles, CA 90012..... Scheduling Conference set for JULY 2, 2012 at 10:30 AM before Judge Audrey B. Collins. The Joint Rule 26(f) Report shall be filed not later than one week before the scheduling conference. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw) (Entered: 05/07/2012) 06/25/2012 12 JOINT REPORT Rule 26(f) Discovery Plan JOINT RULE 26(f) REPORT AND PROPOSED DISCOVERY PLAN ; estimated length of trial 5 days, filed by Plaintiff BCBG Max Azria Group Inc.. (Elkins, David) (Entered: 06/25/2012) 13 MINUTE ORDER IN CHAMBERS re SCHEDULING CONFERENCE by Judge Audrey B. Collins: On the Court's own motion, the above matter, noticed for hearing on July 2, 2012 at 10:30 a.m., is hereby continued to July 9, 2012 at 10:00 a.m. Counsel of record to appear on date and new time specified. (bm) Modified on 6/28/2012 (ab). (Additional attachment(s) added on 6/28/2012: # 1 Main Document) (ab). (Entered: 06/28/2012) 14 Scheduling conference was set for July 2, 10:30 am, not 10:00 a.m.; docket text will reflect the correct time as well as minute order attached by A. Bridges, Court Clerk to Judge Audrey B. Collins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY (Entered: 06/28/2012) 15 MINUTE ORDER IN CHAMBERS RE: JOINT RULE 26(f) REPORT by Judge Audrey B. Collins: The parties are therefore ORDERED to review and comply with the Notice to Parties of Court-Directed ADR Program. The parties are ORDERED to file by Thursday, July 5, 2012, a supplemental Joint Rule 26(f) Report addressing the items mentioned in the Notice. (see document for further details) (bm) (Entered: 06/29/2012) 16 NOTICE of Change of Attorney Information for attorney Michelle Elaine Goodman counsel for Defendant Stretta Moda LLC. Adding Michelle E. Goodman as attorney as counsel of record for Stretta Moda, LLC for the reason indicated in the G-06 Notice. Filed by Defendant Stretta Moda, LLC (Goodman, Michelle) (Entered: 07/03/2012) 17 JOINT REPORT Rule 26(f) Discovery Plan SUPPLEMENTAL JOINT RULE 26(f) REPORT AND PROPOSED DISCOVERY PLAN ; estimated length of trial 5 days, filed by Plaintiff BCBG Max Azria Group Inc.. (Grasser, Joseph) (Entered: 07/05/2012) 18 REQUEST for ADR Procedure No. 2 filled. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Plaintiff BCBG Max Azria Group Inc(Grasser, Joseph) (Entered: 07/05/2012) 19 MINUTES OF SCHEDULING CONFERENCE held before Judge Audrey B. Collins: Case called. Counsel makes appearances. Scheduling Conference held. The Court sets the following dates: Add Claims/Parties Cut-Off: November 2, 2012; Discovery Cut-Off: expert reports and fact discover both due April 26, 2013, rebuttal expert reports May 10, 2013, expert discovery May 31, 2013; Law & Motion CutOff: May 20, 2013; Motion Hearing Date: June 17, 2013 at 10:00 a.m.;Final Pre Trial Conference: September 16, 2013 at 10:00 a.m., trial counsel to be present; Jury Trial: October 1, 2013 at 8:30 a.m., estimated 3 days. Counsel are reminded of the requirements of Local Rule 16-14. Court signs Order/Referral to ADR Pilot Program
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in open Court. Parties agree to ADR procedure no. 2 for Court's mediation panel. ADR proceedings to be completed by no later than February 20, 2013. The Court ORDERS counsel to report on March 4, 2013 at 10:00 a.m. for a further status conference. Joint report to be e-filed by February 27, 2013. Court Reporter: Katherine Stride. (bm) (Additional attachment(s) added on 7/11/2012: # 1 Main Document) (ab). (Entered: 07/11/2012) 07/09/2012 20 ORDER/REFERRAL to ADR Procedure No 2 by Judge Audrey B. Collins. Case ordered to Court Mediation Panel for mediation. The ADR proceeding is to be completed no later than 2/20/13; The Court further sets a Status Conference for 3/4/2013 10:00 AM before Judge Audrey B. Collins. Joint Report to be filed by 2/27/13. (ir) (Entered: 07/11/2012) 21 CIVIL JURY TRIAL ORDER by Judge Audrey B. Collins: The above matter is set for trial before the Honorable Audrey B. Collins, Courtroom 680, Roybal Federal Building, 255 East Temple Street, Los Angeles, CA 90012. The Court orders the following dates: a. Cut-off date for filing motions to join other parties and amending the pleadings is November 2, 2012. b. Discovery cut-off is May 31, 2013. c. Cut-off date for motions to be filed is Monday, May 20, 2013. d. Final Pretrial Conference is set for Monday, September 16, 2013 at 10:00 a.m. Trial counsel must be present. Note: Counsel must comply with Local Rule 16. e. Trial is set for Tuesday, October 1, 2013 at 8:30 a.m. (See document for further details) (ir) (Entered: 07/11/2012) 22 STIPULATION to Substitute attorney Douglas A. Linde in place of attorney Mark B. Mizrahi and Michelle E. Goodman filed by Defendant Stretta Moda LLC.(Linde, Douglas) DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 8/15/12, DOCUMENT 25 . Modified on 8/15/2012 (bm). (Entered: 08/10/2012) 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Consent Order Granting Substitution of Attorney 22 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Requests-Substitute Attorney. Other error(s) with document(s): counsel submitted outdated form. Updated form is available at the court's website at www.cacd.uscourts.gov. Request should be submitted with separate, additional attachment of a proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (bm) (Entered: 08/13/2012) 24 Pursuant to the rules of the Court mandatory courtesy copies are due by 12:00 noon the next business day after e-filing, we have not received copies for document 22 efiled by Douglas Linde, Esq.; please submit copies as soon as possible by A. Bridges, Court Clerk to Chief Judge Audrey B. Collins re: Stipulation to Substitute Attorney 22 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY (Entered: 08/15/2012) 25 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 23 by Clerk of Court Other: Document is hereby STRICKEN; counsel to use the proper forms, which consist of a request and separate proposed ordered as an attachment. RE: Consent Order Granting substitution of attorney 22 . (bm) (Entered: 08/15/2012)
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08/17/2012

26 STIPULATION to Substitute attorney Douglas A. Linde in place of attorney Mark B. Mizrahi and Michelle E. Goodman filed by Defendant Stretta Moda LLC. (Attachments: # 1 Proposed Order)(Linde, Douglas) (Entered: 08/17/2012) 27 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Audrey B. Collins, re Stipulation to Substitute Attorney 26 : The Court hereby orders that the request of: Stretta Moda, LLC, Defendant, to substitute Douglas A. Linde, who is Retained Counsel, as attorney of record instead of Mark B. Mizrahi and Michelle E. Goodman. (bm) (Entered: 08/29/2012) 28 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that David W. Grace may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiff BCBG Max Azria Group Inc(Elkins, David) (Entered: 09/18/2012) 29 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) David Grace has been assigned to serve as Panel Mediator. (mb) (Entered: 09/19/2012) 30 NOTICE OF MOTION AND MOTION to Compel Responses to Interrogatories and Production of Documents filed by Plaintiff BCBG Max Azria Group Inc. Motion set for hearing on 2/5/2013 at 02:00 PM before Judge Audrey B. Collins. (Attachments: # 1 Declaration Declaration of David S. Elkins In Support of BCBG Max Azria Group, Inc.'s Motion to Compel, # 2 Exhibit Exhibit A to the Declaration of David S. Elkins, # 3 Exhibit Exhibit B to the Declaration of David S. Elkins, # 4 Exhibit Exhibit C to the Declaration of David S. Elkins, # 5 Exhibit Exhibit D to the Declaration of David S. Elkins, # 6 Exhibit Exhibit E to the Declaration of David S. Elkins, # 7 Exhibit Exhibit F to the Declaration of David S. Elkins, # 8 Exhibit Exhibit G to the Declaration of David S. Elkins, # 9 Exhibit Exhibit H to the Declaration of David S. Elkins, # 10 Exhibit Exhibit I to the Declaration of David S. Elkins, # 11 Exhibit Exhibit J to the Declaration of David S. Elkins, # 12 Exhibit Exhibit K to the Declaration of David S. Elkins, # 13 Exhibit Exhibit L to the Declaration of David S. Elkins, # 14 Declaration Declaration of Joseph P. Grasser In Support of BCBG Max Azria Group, Inc.'s Motion to Compel, # 15 Exhibit Exhibit 1 to the Declaration of Joseph P. Grasser, # 16 Exhibit Exhibit 2 to the Declaration of Joseph P. Grasser, # 17 Exhibit Exhibit 3 to the Declaration of Joseph P. Grasser, # 18 Exhibit Exhibit 4 to the Declaration of Joseph P. Grasser, # 19 Exhibit Exhibit 5 to the Declaration of Joseph P. Grasser, # 20 Proposed Order [Proposed] Order Granting BCBG Max Azria Group, Inc.'s Motion to Compel)(Elkins, David) (Entered: 01/08/2013) 31 NOTICE OF MOTION re MOTION to Compel Responses to Interrogatories and Production of Documents 30 BCBG MAX AZRIA GROUP, INC.'S AMENDED NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS filed by Plaintiff BCBG Max Azria Group Inc. Motion set for hearing on 2/5/2013 at 02:00 PM before Magistrate Judge Jay C. Gandhi. (Elkins, David) (Entered: 01/09/2013) 32 REPLY in support of a motion MOTION to Compel Responses to Interrogatories and Production of Documents 30 filed by Plaintiff BCBG Max Azria Group Inc. (Attachments: # 1 Proposed Order (revised))(Elkins, David) (Entered: 01/22/2013) 33 REVISED PROPOSED ORDER GRANTING PLAINTIFF BCBG MAX AZRIA GROUP, INC.'S MOTION TO COMPEL re MOTION to Compel Responses to
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Interrogatories and Production of Documents 30 filed by Plaintiff BCBG Max Azria Group Inc. (Elkins, David) (Entered: 01/22/2013) 01/24/2013 34 NOTICE OF ERRATA filed by Plaintiff BCBG Max Azria Group Inc. correcting Motion Related Document 33 [Revised Proposed] Order Granting BCBG Max Azria Group, Inc.'s Motion to Compel Responses to Interrogatories and Production of Documents (Elkins, David) (Entered: 01/24/2013) 35 NOTICE OF LODGING filed re Reply (Motion related) 32 (Attachments: # 1 Proposed Order [Revised Proposed] Order Granting BCBG Max Azria, Group, Inc.'s Motion to Compel Responses to Interrogatories and Production of Documents) (Elkins, David) (Entered: 01/24/2013) 36 Counsel notified and based on notice of errata and correctly e-filed order; the motion will not be heard before District Judge Collins; this is a discovery matter that will be handled by the Magistrate; all appropriate papers e-filed to reflect that information by A. Bridges, Court Clerk to Judge Audrey B. Collins THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY (Entered: 02/01/2013) 37 MINUTES OF Motion Hearing held before Magistrate Judge Jay C. Gandhi: The motion of plaintiff BCBG Max Azria Group, Inc. ("BCBG") to Compel Responses to Interrogatories and Production of Documents came for regular hearing in the above-captioned action on February 5, 2013 in Courtroom A of this Court, the Honorable Jay C. Gandhi presiding. Having considered all pleadings, papers and evidence submitted, the oral argument of counsel, and good cause appearing therefore, IT IS HEREBY ORDERED THAT the Motion is GRANTED as follows: 1. Stretta Moda, LLC ("Stretta") must serve its written responses to BCBG's Amended First Set of Interrogatories and BCBG's Amended First Set of Requests for Production of Documents, without objections and without any preamble or introductory statement, within seven (7) calendar days from the date of this Order; 2. Stretta must produce all documents responsive to BCBG's Amended First Set of Requests for Production of Documents within seven (7) calendar days of this Order; and 3. Because Stretta has waived any objections to BCBG's Amended First Set of Interrogatories and BCBG's Amended First Set of Requests for Production of Documents, Stretta may not withhold any documents from its production on grounds of privilege or immunity or on grounds of any other objection. IT IS SO ORDERED. 30 ;Court Recorder: CS 2/5/13. (bem) (Entered: 02/07/2013) 38 NOTICE Regarding Lack of Cooperation in Scheduling Mediation filed by Plaintiff BCBG Max Azria Group Inc. (Attachments: # 1 Exhibit A)(Elkins, David) (Entered: 02/11/2013) 39 MINUTE ORDER IN CHAMBERS re ORDER TO SHOW CAUSE RE: NONCOOPERATION IN SCHEDULING MEDIATION by Judge Audrey B. Collins: On February 11, 2013, Plaintiff BCBG Max Azria Group, Inc. ("Plaintiff"), filed a Notice Regarding Lack of Cooperation in Scheduling Mediation. In this Notice, Plaintiff states that Defendant Stretta Moda LLC's ("Defendant") counsel has failed to respond to emails from Plaintiff's counsel and the mediator concerning scheduling the mediation. Professional courtesy dictates that counsel must cooperate in such matters. Furthermore, such non-cooperation impedes the expeditious adjudication of cases. As of this Order, Defendant has not filed anything in response to Plaintiff's Notice. The Court hereby ORDERS Defendant to file a Response to this Order explaining its
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apparent lack of cooperation in scheduling the mediation. Defendant's Response is must be filed as soon as possible, but no later than February 19, 2013. The Court also ORDERS defense counsel to communicate with the mediator and Plaintiff's counsel immediately to schedule the mediation. (bm) (Entered: 02/15/2013) 02/20/2013 40 RESPONSE filed by Defendant Stretta Moda LLCto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 39 (Linde, Douglas) (Entered: 02/20/2013) 41 RESPONSE filed by Defendant Stretta Moda LLCto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 39 Supplemental (Gonzales, Erica) (Entered: 02/22/2013) 42 STATEMENT Re: Status Conference filed by Defendant Stretta Moda LLC (Gonzales, Erica) (Entered: 02/27/2013) 43 MINUTE ORDER (IN CHAMBERS) ORDER RESETTING STATUS CONFERENCE by Judge Audrey B. Collins: The Court has reviewed the parties's February 27, 2013 Joint Status Conference Statement asking the Court to continue the March 4, 2013 status conference.Based on the representations therein, the Court hereby CONTINUES the status conference from March 4, 2013, to April 22, 2013, at 10:00 a.m. The parties are to file a Joint Status Report updating the Court as to the status of the case no later than Monday, April 15, 2013. (lw) (Entered: 02/28/2013) 44 MEDIATION REPORT Filed by Mediator (ADR Panel) David Grace: Mediation held on March 27, 2013 and the case has been partially resolved. With the filing of this Report, the parties are advised that they must file a joint stipulation regarding those claims which have been resolved. The following issues remain for this Court to resolve: None - Completely settled subject to long form agreement..(Grace, David) (Entered: 04/04/2013) 45 NOTICE re Settlement; Request to Take Status Conference Off Calendar filed by Plaintiff BCBG Max Azria Group Inc. (Grasser, Joseph) (Entered: 04/16/2013) 46 NOTICE OF LODGING filed of Stipulated Consent Judgment [Proposed] re Notice (Other) 45 (Attachments: # 1 Stipulated Consent Judgment [Proposed])(Grasser, Joseph) (Entered: 04/18/2013) 47 Counsel hereby notified that the status conference set for April 22, 2013 at 10:00 a.m. is hereby taken off calendar no appearance will be required. The Court received the mediator report and the notice of settlement by A. Bridges, Court Clerk to Judge Audrey B. Collins.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ab) TEXT ONLY ENTRY (Entered: 04/19/2013) 48 STIPULATED CONSENT JUDGMENT by Judge Audrey B. Collins in favor of BCBG Max Azria Group Inc against Stretta Moda LLC. PURSUANT TO STIPULATION, IT IS SO ORDERED AND ADJUDGED. (see document for further details) (MD JS-6. Case Terminated) (bm) (Entered: 04/29/2013) 49 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (bm) (Entered: 04/29/2013)

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