UL LLC v. The Space Chariot Inc. et al

Filing 86

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: On 4/20/2017, the Court (a) stayed this action as to Walker and Mortel, pursuant to their petitions to the Bankruptcy Court; (b) granted UL's motion for partial summary judgment as to its first and second claims for relief; and (c) denied Space Chariot's motion for leave to file a third-party complaint 81 . The Court ordered UL to file a proposed judgment as to Space Chariot forthwith. On 5/12/2017, UL filed a status report and a req uest for clarification 85 . UL requests clarification as to whether it should submit a proposed judgment or await resolution of its relief-from-stay motions now pending before the Bankruptcy Court. Consistent with the Court's 4/20/2017 order, U L shall file a proposed judgment against Space Chariot forthwith because it appears that Space Chariot is not subject to the automatic stay. Similarly, and consistent with the Court's 4/10/2017 order, UL may seek to recover attorneys' fees and costs from Space Chariot. Finally, Space Chariot remains obligated to comply with the 4/10/2017 order. In the event that the Bankruptcy Court grants UL relief from the automatic stay, UL may proceed as appropriate against Walker and Mortel. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No. 
Title 

CIVIL MINUTES - GENERAL
‘O’
2:16-cv-08172-CAS(AFMx)
Date May 15, 2017
UL LLC v. THE SPACE CHARIOT INC. ET AL.

Present: The Honorable 
Catherine Jeang 
Deputy Clerk 

CHRISTINA A. SNYDER 

N/A 

Tape No.

Attorneys Present for Defendants: 

Not Present 
Court Reporter / Recorder

Attorneys Present for Plaintiffs: 

Not Present 
Not Present 
(IN CHAMBERS) - PLAINTIFF UL’S REQUEST FOR
Proceedings:  
CLARIFICATION (Dkt. 85, filed May 23, 2017)
On November 3, 2016, plaintiff UL LLC filed this action against defendants The
Space Chariot, Inc., Kevin Walker, Donabelle Escarez Mortel (aka Donabella Mortel),
and John Does 1–10. Dkt. 1. The gravamen of UL’s complaint is that Space Chariot,
Walker, and Mortel (“defendants”) are using UL marks on various websites to falsely
represent that Space Chariot’s goods—namely, hoverboards—have been certified by UL.
On November 17, 2016, the Court granted UL’s motion for a temporary restraining
order and ordered defendants to show cause why a preliminary injunction should not be
issued. Dkt. 25 (“TRO”). On December 9, 2016, the Court issued a preliminary
injunction to which the parties had stipulated. Dkt. 33 (“Preliminary Injunction”).
On April 10, 2017, the Court granted UL’s motion for civil contempt and sanctions
on the grounds that defendants violated portions of the TRO and the Preliminary
Injunction. Dkt. 74. Among other things, the Court ordered defendants to account for
dissipated assets and directed UL to file a request for attorneys’ fees and costs on or
before April 24, 2017. Id. at 7.
On April 19, 2017, Walker and Mortel filed a notice that they filed bankruptcy
petitions. Dkt. 79.
On April 20, 2017, the Court (a) stayed this action as to Walker and Mortel,
pursuant to their petitions to the Bankruptcy Court; (b) granted UL’s motion for partial
summary judgment as to its first and second claims for relief; and (c) denied Space
Chariot’s motion for leave to file a third-party complaint. Dkt. 81. The Court ordered
UL to file a proposed judgment as to Space Chariot forthwith. Id. at 22.

CV-8172 (05/17)

CIVIL MINUTES - GENERAL

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No. 
Title 

CIVIL MINUTES - GENERAL
‘O’
2:16-cv-08172-CAS(AFMx)
Date May 15, 2017
UL LLC v. THE SPACE CHARIOT INC. ET AL.

On May 12, 2017, UL filed a status report and a request for clarification. Dkt. 85.
UL requests clarification as to whether it should submit a proposed judgment or await
resolution of its relief-from-stay motions now pending before the Bankruptcy Court. Id.
at 3.
Consistent with the Court’s April 20, 2017 order, UL shall file a proposed
judgment against Space Chariot forthwith because it appears that Space Chariot is not
subject to the automatic stay. Similarly, and consistent with the Court’s April 10, 2017
order, UL may seek to recover attorneys’ fees and costs from Space Chariot. Finally,
Space Chariot remains obligated to comply with the April 10, 2017 order.
In the event that the Bankruptcy Court grants UL relief from the automatic stay,
UL may proceed as appropriate against Walker and Mortel.
IT IS SO ORDERED.
Initials of Preparer

: 
00 
                      CMJ 

00 

CV-8172 (05/17)

CIVIL MINUTES - GENERAL

Page 2 of 2