Pathak v. Exotic Meat Market, Inc.
Filing
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ORDER. IT IS HEREBY ORDERED that 56 Bhasin'smotion to dismiss or, alternatively, to transfer venue is DENIED withoutprejudice. If Bhasin wants to reurge his motion, he must do so by 4/11/17. Bhasin must also SERVE a copy of the motion on Pathak in the manner authorized under FRCP 5(b)(2) and FILE by 4/14/17, a certificate with the court indicating how service was accomplished. Signed by Judge Jennifer A. Dorsey on 4/4/17. (Copies have been distributed pursuant to the NEF - ADR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Anshu Pathak,
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Plaintiff
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Exotic Meat Market, Inc.,
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Order Denying Motion to Dismiss or,
Alternatively, to Transfer Venue
v.
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2:16-cv-00368-JAD-VCF
Defendant
[ECF No. 56]
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Anshu Pathak purports to be the rightful owner of the “Vegetable of the Month Club” and
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“Cheese of the Month Club” trademarks and sues Exotic Meat Market, Inc. for fraudulently
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representing to the U.S. Patent and Trademark Office that Pathak had assigned his entire interest
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in both trademarks to Exotic.1 Pathak further alleges that Sunil Bhasin, Exotic’s former
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president, caused Exotic to transfer those trademark interests to Bhasin by forging the signature
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of an Exotic officer that Pathak claims does not exist.2
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Bhasin successfully moved to intervene as a defendant under FRCP 243 and now moves
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to dismiss this action for lack of subject-matter jurisdiction, improper venue, and failure to state
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a claim or, alternatively, to transfer it to the U.S. District Court for the Central District of
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California.4 Pathak responds that Bhasin never served him with a copy of the motion; rather,
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Pathak received notice from the court that he had to respond to Bhasin’s motion within 14 days.5
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Pathak is referencing the minute order that I issued the day after Bhasin filed his motion giving
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ECF No. 1.
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Id.
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ECF No. 55 at 5–7.
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ECF No. 56.
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ECF No. 58 at 2.
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notice under Klingele v. Eikenberry6 and Rand v. Rowland7 that it is dispositive.8 This is not the
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first time Pathak has claimed that Bhasin failed to serve him.9
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Bhasin did not file proof that he served the motion on Pathak. He replies that he did
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serve Pathak with a copy of the motion: for proof he directs me to the nonexistent 22nd page of
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his motion10 and attaches to his reply a postal-service receipt for the delivery of a first-class
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envelope weighing 5.80 oz to Las Vegas, Nevada 89118.11
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In light of the parties’ dispute about service, IT IS HEREBY ORDERED that Bhasin’s
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motion to dismiss or, alternatively, to transfer venue [ECF No. 56] is DENIED without
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prejudice. If Bhasin wants to reurge his motion, he must do so by April 11, 2017. Bhasin must
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also SERVE a copy of the motion on Pathak in the manner authorized under FRCP 5(b)(2) and
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FILE by April 14, 2017, a certificate with the court indicating how service was accomplished.
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To avoid similar disputes in the future, the court recommends that the parties accomplish
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service by using certified mail with a return receipt or another form of mail that allows for
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tracking and delivery confirmation.
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DATED: April 4, 2017.
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_______________________________
Jennifer A. Dorsey
United States District Judge
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Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988).
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Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998).
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ECF No. 54.
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ECF No. 48.
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ECF No. 59 at 3.
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Id. at 10.
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