Outlaw Laboratory, LP v. DG in PB, LLC

I. Background.

22 A. The Parties. 23 Plaintiff is a Texas-based manufacturer of two products called “TriSteel” and 24 “TriSteel 8hour,” which are male enhancement products made in the United States of 25

27 1 Unless otherwise noted, all cited ECF Nos. pertain to the docket for Case No. 18-cv-0840. Case Nos. 28 America, distributed for sale in all 50 States, and which comply with the Dietary Supplement Health and Education Act of 1994. (Compl. at ¶ 4.) On July 25, 2018, Outlaw filed the Complaint in the Superior Court of California, County of San Diego. (Compl. at p. 48.) The Complaint was removed on August 12, 2018. (ECF No. 1.) Originally, the Defendants consisted of fifty-one (51) convenience and liquor stores in the San Diego, California area. To date, twenty-three (23) of the Defendants have been terminated. See (Case No. 18-CV-1882, ECF Nos. 9, 11, 13, 2, 24, 27, 31); (Case No. 18-CV-0840, ECF Nos. 35, 36, 37, 40, 54, 57, 60, 88.)2 Of the Defendants remaining, twenty (20) have filed Answers to the Complaint and are actively litigating this matter. (ECF Nos. 41, 43, 45, 47.)3 The other eight Defendants have neither filed 11 …