Thermolife International, LLC v. APS Nutrition et al
Thermolife International, LLC |
Lockout Supplements, All Star Health, Jared Wheat, Netrition, Inc. and World Class Nutrition |
APS Nutrition |
Ron Kramer |
Anthony Askew |
1:2015cv00893 |
March 27, 2015 |
US District Court for the Northern District of Georgia |
Atlanta Office |
XX US, Outside State |
Eleanor L Ross |
Patent |
35 U.S.C. § 145 |
Plaintiff |
Docket Report
This docket was last retrieved on April 28, 2020. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 154 ORDER: The Court OVERRULES Defendants' (376) Objections to the R&R and ADOPTS the (375) R&R in case 1:15-cv-00892-ELR as the opinion of this Court. In light of the rulings herein, the Court CANCELS the tentatively scheduled hearing in this matter currently set for Wednesday, April 29, 2020, at 9:30 a.m. Signed by Judge Eleanor L. Ross on 4/28/2020. (Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR) (jap) Modified on 4/28/2020 to edit text (jap). |
Filing 153 ORDER granting 379 Motion to Amend in case 1:15-cv-00892-ELR. The Court GRANTS the Parties' motion and AMENDS the previously entered scheduling order as follows: Within thirty (30) days of the Court's issuance of its claim construction order, the Parties will meet, confer, and submit a proposed schedule for the remaining deadlines in this case. Signed by Judge Eleanor L. Ross on 4/9/2020. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jed) Modified on 4/9/2020 to edit text (jed). |
Filing 152 ORDER granting (377) Motion for Extension of Time in case 1:15-cv-00892-ELR. The time within which Plaintiff ThermoLife may file its Response to Defendant Hi-Tech's Objections to Special Master Report and Recommendation is extended by fourteen (14) days, through and including April 14, 2020. Additionally, in the event the Court determines a hearing to be necessary in this matter, the Court tentatively SCHEDULES such hearing to take place on April 29, 2020, at 9:30 a.m. in Courtroom 1788, United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia 30303. Signed by Judge Eleanor L. Ross on 3/25/2020. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR (jap) |
Set Deadlines/Hearings: Tentative Hearing set for 4/29/2020 at 09:30 AM in Courtroom 1788 before Judge Eleanor L. Ross. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR (jap) |
Filing 151 ORDER granting (350) Motion for Extension of Time. Defendants may file a memorandum of law in support of its Motion for Summary Judgment, which is expected to be filed on or before July 19, 2019, not to exceed fifty (50) pages. Plaintiff shall have up to and including August 22, 2019 to respond to Defendants Motion for Summary Judgment, which may also not exceed fifty (50) pages. Defendants shall have up to and including September 16, 2019 to file a reply brief in support of its Motion for Summary Judgment. Signed by Judge Eleanor L. Ross on 7/19/19. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa) |
Filing 150 ORDER granting (348) Motion for Extension of Time in case 1:15-cv-00892-ELR. Defendants' opposition to the Motion to Stay shall be filed on or before Monday, July 15, 2019. Plaintiff's reply in support of the Motion to Stay shall be filed on or before Monday, July 29, 2019. Signed by Judge Eleanor L. Ross on 7/8/19. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa) |
Filing 149 ORDER granting (329) Motion for Extension of Time through 4/1/19 to respond to Plaintiff's Motion to Dismiss and Ron Kramer's Motion to Dismiss; granting (329) Motion for Leave to File Excess Pages in case 1:15-cv-00892-ELR. Signed by Judge Eleanor L. Ross on 3/13/19. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa) |
Filing 148 STIPULATED PROTECTIVE ORDER. Signed by Judge Eleanor L. Ross on 11/13/2018. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR (cmd) |
Filing 147 ORDER governing the scope and duties of the Special Master. The Clerk is directed to ADMINISTRATIVELY CLOSE this case. Upon the Special Master's filing of any Report & Recommendation, the parties shall move to reopen this case. The Court further ORDERS that objections to the Special Master's Report(s) & Recommendation(s) shall be due within TWENTY-ONE (21) DAYS of the filing of a Report & Recommendation. Responses shall be due FOURTEEN (14) DAYS after the filing of any objections. Any filing must be in accordance with this Court's Local Rules and with the Undersigned's instructions. Signed by Judge Eleanor L. Ross on 8/10/18. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa) |
Civil Case Terminated. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa) |
Filing 146 ORDER REFERRING CASE to Special Master Anthony "Tony" Askew. The Court ORDERS Mr. Askew to confirm, pursuant to Federal Rule of Civil Procedure 53(a)(2) and 53(b)(3), that he has no conflict within seven (7) days from the date of entry of this order. Signed by Judge Eleanor L. Ross on 8/3/2018. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd) |
Clerk's Certificate of Mailing as to Anthony Askew re (297 in 1:15-cv-00892-ELR, 146 in 1:15-cv-00893-ELR, 101 in 1:15-cv-00894-ELR) Order Referring Case to Special Master. Notice of street name change for the Atlanta courthouse included. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd) |
Submission of (294 in 1:15-cv-00892-ELR, 145 in 1:15-cv-00893-ELR, 100 in 1:15-cv-00894-ELR) Order to District Judge Eleanor L. Ross. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd) |
Filing 145 ORDER: In light of the apparent complexities of this case, the Court puts the parties on notice that the Court will likely appoint a special master to consider the motions to dismiss, and to preside over any hearing held on those motions, if necessary. Accordingly, the Court DIRECTS any party to submit objections to the Court's decision to appoint a special master within seven (7) days from the date of entry of this order. Moreover, the Court DIRECTS the parties, within twenty-one (21) days from the date of entry of this order, either (A) to each file with the Court a notice of a list of three (3) possible special masters from which the Court will choose a special master or (B) to file a joint notice indicating the special master agreed upon by all parties. The Court DIRECTS the Clerk to resubmit this matter after twenty-one (21) days. Signed by Judge Eleanor L. Ross on 7/5/2018. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd) |
Filing 144 ORDER GRANTING #143 Attorney Kalman Magyar's Motion to Withdraw as Co-Counsel for Plaintiff. Signed by Judge Eleanor L. Ross on 5/15/2018. (cmd) |
Filing 143 MOTION to Withdraw Kalman Magyar as Attorney by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1: Certificate of Consent to Withdrawal)(Magyar, Kalman) Modified on 5/11/2018 to edit text. (cmd) |
Filing 142 ORDER GRANTING #140 Motion to Withdraw as Attorney. Attorney Katrina M. Quicker terminated. Signed by Judge Eleanor L. Ross on 5/9/18. (bnw) |
Filing 141 ORDER GRANTING #139 Motion to Withdraw as Attorney. Attorney Jason Paul Grier terminated. Signed by Judge Eleanor L. Ross on 5/9/18. (bnw) |
Filing 140 MOTION to Withdraw Katrina M. Quicker as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Certificate of Consent)(Quicker, Katrina) |
Filing 139 MOTION to Withdraw Jason Paul Grier as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Certificate of Consent)(Grier, Jason) |
Filing 138 ORDER denying Attorney Jason P. Grier's Motion to Withdraw Appearance of Co-Counsel #136 and Attorney Katrina M. Quicker's Motion to Withdraw Appearance of Co-Counse #137 . Signed by Judge Eleanor L. Ross on 4/19/18. (jpa) |
Filing 137 MOTION to Withdraw Katrina M. Quicker as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Quicker, Katrina) |
Filing 136 MOTION to Withdraw Jason Paul Grier as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Grier, Jason) |
Filing 135 ORDER GRANTING the (222) Motion to Consolidate Cases in case 1:15-cv-00892-ELR; the (134) Motion to Consolidate Cases in case 1:15-cv-00893-ELR; and the (89) Motion to Consolidate Cases in case 1:15-cv-00894-ELR. The parties shall hereafter treat Case No. 1:15-cv-00892-ELR as the lead action for all future filings. Signed by Judge Eleanor L. Ross on 8/25/2017. Associated Cases: 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd) |
Submission of #134 Consent MOTION to Consolidate Cases 1:15-cv-00892-ELR, 1:15-cv-00893-ELR and 1:15-cv-00894-ELR to District Judge Eleanor L. Ross. (cmd) |
Filing 134 Consent MOTION to Consolidate Cases 1:15-cv-00892-ELR, 1:15-cv-00893-ELR and 1:15-cv-00894-ELR by Thermolife International, LLC. (Dilger, Nathaniel) |
Filing 133 ORDER GRANTING the #132 Consent Motion and LIFTING the stay in this action. Signed by Judge Eleanor L. Ross on 8/7/2017. (cmd) |
Clerk's Certificate of Mailing as to Attorney Nathaniel Dilger re #133 Order. Notice of street name change for the Atlanta courthouse included. (cmd) |
MINUTE ORDER (by docket entry only) GRANTING #130 Application for Admission Pro Hac Vice filed by Nathaniel L. Dilger. Approved by District Judge Eleanor L. Ross on 8/3/17. (mlb) |
Clerks Certificate of Mailing to Attorney Nathaniel L. Dilger as to Thermolife International, LLC regarding Order on Application for Admission PHV. Notice of street name change for the Atlanta courthouse included. (mlb) |
Submission of #132 Consent MOTION for Order Lifting Stay to District Judge Eleanor L. Ross. (btql) |
Filing 132 Consent MOTION for Order Lifting Stay by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Jones, Cammi) |
APPROVAL by Clerks Office re: #130 APPLICATION for Admission of Nathaniel L Dilger Pro Hac Vice (Application fee $ 150, receipt number 113E-7272946). Attorney Nathaniel L. Dilger added appearing on behalf of Thermolife International, LLC (pmb) |
Filing 131 NOTICE of Appearance by Thomas Charles Lundin, Jr on behalf of Thermolife International, LLC (Lundin, Thomas) |
Filing 130 APPLICATION for Admission of Nathaniel L Dilger Pro Hac Vice (Application fee $ 150, receipt number 113E-7272946)by Thermolife International, LLC. (Jones, Cammi) |
Filing 129 NOTICE of Appearance by Cammi Ryan Jones on behalf of Thermolife International, LLC (Jones, Cammi) |
Filing 128 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason) |
Filing 127 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason) |
Filing 126 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason) |
Filing 125 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
Filing 124 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason) |
Filing 123 ORDER: Accordingly, the Court DENIES Defendant Jared Wheat's Motion to Dismiss for Failure to State a Claim #72 , Third-Party Defendant Ron Kramer's Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim #84 , and Defendant Hi-Tech Pharmaceutical's Motion for Sanctions #116 . The Parties may refile these motions after the USPTO proceedings have concluded. Signed by Judge Eleanor L. Ross on 7/6/16. (bnw) |
Filing 122 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason) |
Filing 121 REPLY BRIEF re #116 MOTION for Sanctions filed by APS Nutrition. (Attachments: #1 Exhibit A, #2 Errata B)(Parker, Cynthia) |
Submission of #116 MOTION for Sanctions. Submitted to District Judge Eleanor L. Ross. (bdb) |
Filing 120 RESPONSE in Opposition re #116 MOTION for Sanctions filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - NDGA Order, #2 Exhibit B - Wheat Dep. Excerpt)(Grier, Jason) |
Filing 119 Return of Service Executed by Thermolife International, LLC. World Class Nutrition served on 10/26/2015. . (Grier, Jason) Modified to accurately reflect entry on 11/10/2015 (bdb). Modified case stayed on 11/10/2015 (bdb). |
Notification of Docket Correction re #117 Order on Motions. Entry corrected to attached Order with correct date for parties to file status report: The Parties are DIRECTED to file a status report every four (4) months, beginning March 11, 2016, to update the Court as to the progress of the reexamination proceedings. (mdy) |
Submission of #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #84 MOTION to Dismiss for Lack of Personal Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Submitted to District Judge Eleanor L. Ross. (bdb) |
Filing 118 REPLY BRIEF re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jared Wheat. (Leach, Arthur) |
Filing 117 ORDER that: 1) Defendants' Motion to Stay (Doc. No. #71 ) pending the USPTO's reexamination of the patents-in-suit is GRANTED. The Parties are DIRECTED to file a status report every four (4) months, beginning March 11, 2015, to update the Court as to the progress of the reexamination proceedings. 2) The following Motions are DENIED with permission to refile: Doc. Nos. #32 , #46 , #47 , #48 , #49 , #50 , #74 , #75 , #96 , #97 , and #98 . The Parties may reactivate any of these Motions after the Court lifts the stay on these proceedings. 3) For good cause shown, Plaintiff's Motion to File Document Under Seal (Doc. No. #57 ) is GRANTED. Plaintiff may file its exhibit entitled "Agreement for Purchase and Sale of APS Distribution" under seal. Additionally, Plaintiff may redact any statements relying on that exhibit from its brief opposing Jared Wheat's Motion for Rule 11 Sanctions. The Court reserves the right, upon notice to the Parties, to lift this seal at any time. 4) Despite the stay of this action, the Court will take the following Motions under advisement: Doc. Nos. #72 , #84 , and #116 . Briefing in respect to these Motions SHALL NOT be affected by the stay. Signed by Judge Eleanor L. Ross on 11/5/2015. (tcc) (Additional attachment(s) added on 11/9/2015: #1 Order) (mdy). |
Submission of #71 MOTION to Stay, submitted to District Judge Eleanor L. Ross. (jtj) |
Filing 116 MOTION for Sanctions with Brief In Support by APS Nutrition. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Text of Proposed Order)(Leach, Arthur) |
Filing 115 REPLY BRIEF re #71 MOTION to Stay filed by APS Nutrition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Leach, Arthur) |
Filing 114 ORDER granting #113 Defendant APS Nutrition's Unopposed Motion for Extension of Time to Reply in support of #74 MOTION to Amend #13 Answer to Complaint, Third Party Complaint, Counterclaim and Wheat's Reply in support of his #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to 11/6/2015. Signed by Judge Eleanor L. Ross on 10/29/2015. (bdb) |
Filing 113 MOTION for Extension of Time to File Replies re: #105 Response in Opposition to Motion, #106 Response in Opposition to Motion by APS Nutrition. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia) |
Filing 112 REPLY BRIEF re #84 MOTION to Dismiss for Lack of Personal Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ron Kramer. (Grier, Jason) |
Filing 111 RESPONSE in Opposition re #98 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netrition's Newly Filed Counterclaims filed by Netrition, Inc.. (Parker, Cynthia) |
Filing 110 RESPONSE in Opposition re #97 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Lockout Supplements' Newly Filed Counterclaims filed by Lockout Supplements. (Parker, Cynthia) |
Filing 109 RESPONSE in Opposition re #96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of All Star's Newly Filed Counterclaims filed by All Star Health. (Parker, Cynthia) |
Filing 108 Electronic Summons Issued as to World Class Nutrition. (bdb) |
Filing 107 NOTICE Of Filing Summons as to World Class Nutrition by Thermolife International, LLC (Grier, Jason) |
Filing 106 RESPONSE in Opposition re #74 MOTION to Amend #13 Answer to Complaint, Third Party Complaint, Counterclaim,,, filed by Thermolife International, LLC. (Grier, Jason) |
Filing 105 RESPONSE in Opposition re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - Wheat Dep. Tr.)(Grier, Jason) |
Filing 104 RESPONSE in Opposition re #71 MOTION to Stay filed by Thermolife International, LLC. (Grier, Jason) |
Filing 103 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Netrition, Inc..(Leach, Arthur) |
Filing 102 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Lockout Supplements.(Leach, Arthur) |
Filing 101 CERTIFICATE OF SERVICE of Amended Initial Disclosures by All Star Health.(Leach, Arthur) |
Filing 100 CERTIFICATE OF SERVICE of Amended Initial Disclosures by APS Nutrition.(Leach, Arthur) |
Filing 99 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Jared Wheat.(Leach, Arthur) |
Filing 98 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netrition's Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason) |
Filing 97 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Lockout Supplements' Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason) |
Filing 96 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of All Star's Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason) |
Filing 95 RESPONSE in Opposition re #84 MOTION to Dismiss for Lack of Personal Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by APS Nutrition. (Leach, Arthur) |
Filing 94 ORDER granting in part and denying in part #43 Plaintiff's Motion to Permit Alternative Methods of Service of Process and for Additional Time to Serve Defendants Jared Wheat and World Class Nutrition. As to Defendant Wheat, Plaintiff's Motion is DENIED AS MOOT. Plaintiff shall have an additional three weeks to perfect service on World Class Nutrition using traditional methods. Plaintiff's Motion to effectuate service using alternative methods is DENIED without prejudice. If Plaintiff is unable to serve World Class Nutrition by traditional means, the Court will consider a motion for service by publication. Signed by Judge Eleanor L. Ross on 10/7/2015. (bdb) |
Filing 93 ORDER granting #82 Defendants' Emergency Motion to Hold All Obligations and Deadlines Under the Local Patent Rules in Abeyance (temporarily STAYED) Pending Resolution of Defendants' #71 Motion to Stay this action. Signed by Judge Eleanor L. Ross on 10/5/2015. (bdb) |
Submission of #82 Emergency MOTION to Stay Local Patent Rules. Submitted to District Judge Eleanor L. Ross. (bdb) |
Filing 92 REPLY BRIEF re #82 Emergency MOTION to Stay Local Patent Rules filed by APS Nutrition. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leach, Arthur) |
Filing 91 RESPONSE in Opposition re #82 Emergency MOTION to Stay Local Patent Rules filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - Sept. 18, 2015 Email)(Grier, Jason) |
Filing 90 CERTIFICATE OF SERVICE of Initial Disclosures by All Star Health.(Leach, Arthur) |
Filing 89 ORDER granting #88 Unopposed Motion for Extension of Time to Respond to #74 MOTION to Amend #13 Answer to Complaint, Third Party Complaint and Counterclaim, #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #71 MOTION to Stay to 10/15/2015. Signed by Judge Eleanor L. Ross on 9/25/2015. (bdb) |
Filing 88 Unopposed MOTION for Extension of Time to Respond to Motion to Stay, Motion to Dismiss, and Motion to Amend by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Grier, Jason) |
Filing 87 CERTIFICATE OF SERVICE of Initial Disclosures by Jared Wheat.(Leach, Arthur) |
Filing 86 CERTIFICATE OF SERVICE of Initial Disclosures by Lockout Supplements.(Leach, Arthur) |
Filing 85 ORDER re #82 Emergency MOTION to Stay Local Patent Rules filed by Hi-Tech Pharmaceuticals, Inc. Plaintiff Response to Motion due by 9/28/2015. Defendant Reply Brief due by 9/30/2015. Signed by Judge Eleanor L. Ross on 9/22/2015. (bdb) |
Filing 84 MOTION to Dismiss for Lack of Personal Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ron Kramer. (Attachments: #1 Brief, #2 Exhibit A - Kramer Decl., #3 Text of Proposed Order)(Grier, Jason) |
Filing 83 CERTIFICATE OF SERVICE of Initial Disclosures by Netrition, Inc..(Leach, Arthur) |
Filing 82 Emergency MOTION to Stay Local Patent Rules with Brief In Support by APS Nutrition. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia) |
Filing 81 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Netrition, Inc. by Thermolife International, LLC.(Grier, Jason) |
Filing 80 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Lockout Supplements by Thermolife International, LLC.(Grier, Jason) |
Filing 79 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on All Star Health by Thermolife International, LLC.(Grier, Jason) |
Filing 78 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Jared Wheat by Thermolife International, LLC.(Grier, Jason) |
Filing 77 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on APS Nutrition by Thermolife International, LLC.(Grier, Jason) |
Filing 76 CERTIFICATE OF SERVICE of Initial Disclosures by APS Nutrition.(Leach, Arthur) |
Filing 75 MOTION for Leave to File Excess Page Limitation in his Reply to Plaintiff's Response to his #47 Motion for Sanctions with Brief In Support by Jared Wheat. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia) Modified to accurately reflect entry on 9/16/2015 (bdb). |
Submission of #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netrition's Counterclaims, #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Lockout Supplements' Counterclaims, #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of All Star's Counterclaims. Submitted to District Judge Eleanor L. Ross. (bdb) |
Filing 74 MOTION to Amend #13 Answer to Complaint, Third Party Complaint, Counterclaim,,, with Brief In Support by APS Nutrition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Leach, Arthur) |
Filing 73 ANSWER to #52 Amended Complaint , THIRD PARTY COMPLAINT against Ron Kramer with Jury Demand, COUNTERCLAIM against Thermolife International, LLC with Jury Demand by APS Nutrition.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Jared Wheat. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Text of Proposed Order)(Leach, Arthur) |
Filing 71 MOTION to Stay with Brief In Support by APS Nutrition. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Text of Proposed Order)(Leach, Arthur) |
Filing 70 ANSWER to #52 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Netrition, Inc..(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 69 ANSWER to #52 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Lockout Supplements.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 68 ANSWER to #52 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by All Star Health.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 67 REPLY to Response to Motion re #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netrition's Counterclaims filed by Thermolife International, LLC. (Grier, Jason) |
Filing 66 REPLY to Response to Motion re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Lockout Supplements' Counterclaims filed by Thermolife International, LLC. (Grier, Jason) |
Filing 65 REPLY to Response to Motion re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of All Star's Counterclaims filed by Thermolife International, LLC. (Grier, Jason) |
Submission of #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #57 MOTION to Seal Document #56 Response in Opposition to Motion. Submitted to District Judge Eleanor L. Ross. (bdb) |
Filing 64 REPLY to Response to Motion re #47 MOTION for Sanctions filed by Jared Wheat. (Attachments: #1 Exhibit)(Leach, Arthur) |
Filing 63 ORDER granting #59 Unopposed Motion for Extension of Time to Answer re #52 Amended Complaint. APS Nutrition, All Star Health, Jared Wheat, Lockout Supplements, and Netrition, Inc. Answers due 9/14/2015. Signed by Judge Eleanor L. Ross on 8/25/2015. (bdb) |
Filing 62 RESPONSE in Opposition re #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netrition's Counterclaims filed by Netrition, Inc.. (Parker, Cynthia) |
Filing 61 RESPONSE in Opposition re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Lockout Supplements' Counterclaims filed by Lockout Supplements. (Parker, Cynthia) |
Filing 60 RESPONSE in Opposition re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of All Star's Counterclaims filed by All Star Health. (Parker, Cynthia) |
Filing 59 UNOPPOSED MOTION for Extension of Time to File Answer to First Amended Complaint by All Star Health, Netrition, Inc., Lockout Supplements, Jared Wheat and APS Nutrition. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia) Modified to add filers on 8/26/2015 (bdb). |
Filing 58 OPPOSITION by Thermolife International, LLC to #47 MOTION for Sanctions re: #57 MOTION to Seal Document in #56 Response in Opposition to Motion. (FILED UNDER SEAL) (bdb) |
Filing 57 MOTION for Leave to File Document Under Seal re: #56 Response in Opposition to Motion by Thermolife International, LLC. (FILED UNDER SEAL) (bdb) (Additional attachment(s) added on 8/25/2015: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit 1, #4 Exhibit 2) (bdb). |
Filing 56 RESPONSE in Opposition re #47 MOTION for Sanctions (Redacted) filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - Comparison of Motions, #2 Exhibit B - Withdrawal Letter, #3 Exhibit C - Wheat Deposition Excerpt, #4 Exhibit D - Wheat Trademark Filing, #5 Exhibit E - Redacted Purchase Agreement, #6 Exhibit F - NDGA Order)(Grier, Jason) |
Submission of #47 MOTION for Sanctions. Submitted to District Judge Eleanor L. Ross. (bdb) |
Submission of #43 MOTION for Service by Alternative Methods and for Additional Time to Serve Defendants. Submitted to District Judge Eleanor L. Ross. (bdb) |
Filing 55 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Thermolife International, LLC. (Grier, Jason) |
Filing 54 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Disclosures by Thermolife International, LLC.(Grier, Jason) |
Filing 53 RESPONSE in Opposition re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thermolife International, LLC. (Quicker, Katrina) |
Filing 52 First AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Thermolife International, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Quicker, Katrina) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
Submission of #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII. Submitted to District Judge Eleanor L. Ross. (bdb) |
Filing 51 REPLY BRIEF re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII filed by Thermolife International, LLC. (Grier, Jason) |
Filing 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netrition's Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason) |
Filing 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Lockout Supplements' Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason) |
Filing 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of All Star's Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason) |
Filing 47 MOTION for Sanctions with Brief In Support by Jared Wheat. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Parker, Cynthia) |
Notification of Docket Correction re #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #45 BRIEF IN SUPPORT OF MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM is the brief and exhibits only. Please respond to the #46 Motion. (bdb) |
Filing 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jared Wheat. (Leach, Arthur) |
Filing 45 BRIEF IN SUPPORT OF MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Jared Wheat. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leach, Arthur) Modified on 8/5/2015 motion filed in #46 (bdb). |
Filing 44 Electronic Summons Issued as to World Class Nutrition. (bdb) |
Filing 43 MOTION for Service by Alternative Methods and for Additional Time to Serve Defendants with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief in Support, #2 Exhibit A - Declaration of Jason P. Grier, #3 Exhibit B - Affidavit of Non-Service on Jared Wheat, #4 Exhibit C - Affidavit of Non-Service on World Class Nutrition, #5 Text of Proposed Order)(Grier, Jason). Added MOTION for Extension of Time to Serve Defendants on 7/28/2015 (bdb). |
Filing 42 NOTICE by Thermolife International, LLC re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII Inadvertent Omission of Defendant Lockout Supplements from Case Caption (Grier, Jason) |
Filing 41 NOTICE Of Filing Summons as to World Class Nutrition by Thermolife International, LLC (Grier, Jason) |
Filing 40 RESPONSE in Opposition re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII filed by APS Nutrition. (Attachments: #1 Exhibit A, #2 Exhibit B (1 of 2), #3 Exhibit B (2 of 2), #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Leach, Arthur) |
Filing 39 WAIVER OF SERVICE Returned Executed by APS Nutrition. Ron Kramer waiver mailed on 7/22/2015, answer due 9/21/2015. (Leach, Arthur) |
Filing 38 ORDER granting #33 Defendant APS Nutrition's Motion for Leave to File Excess Pages for its Response to Plaintiff's Motion to Dismiss. Defendant shall be permitted to file its response brief with page limitations not to exceed thirty-two (32) pages. Signed by Judge Eleanor L. Ross on 7/20/2015. (bdb) |
Clerks Notation re #37 Certificate of Interested Persons. APPROVED by District Judge Eleanor L. Ross. (mdy) |
Filing 37 Certificate of Interested Persons by All Star Health. (Leach, Arthur) |
Filing 36 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Netrition, Inc..(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 35 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Lockout Supplements.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 34 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by All Star Health.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 33 MOTION for Leave to File Excess Pages with Brief In Support by APS Nutrition. (Attachments: #1 Brief, #2 Text of Proposed Order)(Leach, Arthur) |
Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII with Brief In Support by Thermolife International, LLC, Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A (Advisory Action), #3 Exhibit B (CDCA Order), #4 Exhibit C (Advertisement), #5 Exhibit D (Magyar Dec.), #6 Exhibit E (Law360 Article), #7 Exhibit F (Demand Letter), #8 Exhibit G (NDGA Order), #9 Text of Proposed Order)(Quicker, Katrina) |
Filing 31 Return of Service Executed by Thermolife International, LLC. Lockout Supplements served on 5/12/2015, answer due 7/17/2015. (Grier, Jason) |
Filing 30 Return of Service Executed by Thermolife International, LLC. All Star Health served on 5/14/2015, answer due 7/17/2015. (Grier, Jason) |
Filing 29 ORDER granting #28 Joint Motion for Extension of Time to file the Joint Preliminary Report and Discovery Plan to 8/17/2015 and granting #28 Motion for Extension of Time to Answer #1 Complaint, All Star Health Answer due 7/17/2015; Jared Wheat Answer due 7/17/2015; Lockout Supplements Answer due 7/17/2015; Netrition, Inc. Answer due 7/17/2015; World Class Nutrition Answer due 7/17/2015. Signed by Judge Eleanor L. Ross on 6/9/2015. (bdb) |
Filing 28 Joint MOTION for Extension of Time for Remaining Defendants to Respond to Complaint and for Parties to File the Joint Preliminary Report and Discovery Plan by Thermolife International, LLC. (Grier, Jason) Added MOTION for Extension of Time to File Answer on 6/9/2015 (bdb). |
Filing 27 ORDER granting #26 Unopposed Motion for Extension of Time, through July 10, 2015, for Defendant Lockout Supplements to Respond to #1 Plaintiff's Complaint. Signed by Judge Eleanor L. Ross on 6/4/15. (ddm) |
Clerks Certificate of Mailing to Kalman Magyar re #27 Order. (ddm) |
Filing 26 Unopposed MOTION for Extension of Time for Lockout Supplements to Respond to Complaint by Thermolife International, LLC. (Grier, Jason) |
Clerks Certificate of Mailing to Kalman Magyar re [24,25] Orders. (ddm) |
Filing 25 ORDER granting #23 Plaintiff's Unopposed Motion for Extension of Time, through July 6, 2015, to respond to Defendant APS Nutritions Counterclaims. Signed by Judge Eleanor L. Ross on 6/1/15. (ddm) |
Filing 24 ORDER granting #22 Unopposed Motion for Extension of Time, through July 10, 2015, for Defendant Netrition, Inc. to respond to #1 Plaintiff's Complaint. Signed by Judge Eleanor L. Ross on 6/1/15. (ddm) |
Filing 23 Unopposed MOTION for Extension of Time to Respond to APS Nutrition's Counterclaims by Thermolife International, LLC. (Grier, Jason) |
Filing 22 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, by Thermolife International, LLC. (Grier, Jason) |
Filing 21 Return of Service Executed by Thermolife International, LLC. Netrition, Inc. served on 5/12/2015, answer due 6/2/2015. (Grier, Jason) |
Clerks Certificate of Mailing to Kalman Magyar re #20 Order. (ddm) |
Filing 20 ORDER granting #16 Application for Admission Pro Hac Vice filed by Kalman Magyar. Signed by Judge Eleanor L. Ross on 5/28/15. (ddm) |
APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Kalman Magyar Pro Hac Vice (Application fee $ 150, receipt number 113E-5827759). Attorney Kalman Magyar added appearing on behalf of Thermolife International, LLC, Thermolife International, LLC (pb) |
Filing 19 Electronic Third Party Summons Issued as to Ron Kramer. (bdb) |
Filing 18 NOTICE Of Filing by APS Nutrition Third-Party Summons as to Ron Kramer (Leach, Arthur) |
Filing 17 FILED IN ERROR-NOTICE Of Filing Summons as to Ron Kramer by APS Nutrition (Leach, Arthur) Modified on 5/19/2015 counsel to file Third Party Summons (bdb). |
Filing 16 APPLICATION for Admission of Kalman Magyar Pro Hac Vice (Application fee $ 150, receipt number 113E-5827759)by Thermolife International, LLC. (Grier, Jason) |
Clerks Notation re #15 Certificate of Interested Persons. APPROVED by District Judge Eleanor L. Ross. (mdy) |
Filing 15 Certificate of Interested Persons by APS Nutrition. (Leach, Arthur) |
Filing 14 CERTIFICATE OF SERVICE re #13 Answer to Complaint, Third Party Complaint, Counterclaim,,, filed by APS Nutrition, APS Nutrition, APS Nutrition (Leach, Arthur) |
Filing 13 ANSWER to #1 COMPLAINT with Jury Demand ( Discovery ends on 2/5/2016.), THIRD PARTY COMPLAINT against Ron Kramer with Jury Demand, COUNTERCLAIM against Thermolife International, LLC with Jury Demand by APS Nutrition.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 12 Electronic Summons Issued as to APS Nutrition, All Star Health, Jared Wheat, Lockout Supplements, Netrition, Inc., World Class Nutrition. (Attachments: #1 Jared Wheat, #2 World Class Nutrition, #3 All Star Health, #4 Lockout Supplements, #5 Netrition, Inc.)(bdb) |
Filing 11 NOTICE Of Filing by Thermolife International, LLC Summons as to Netrition, Inc. (Grier, Jason) |
Filing 10 NOTICE Of Filing by Thermolife International, LLC Summons as to Lockout Supplements (Grier, Jason) |
Filing 9 NOTICE Of Filing by Thermolife International, LLC Summons as to All Star Health (Grier, Jason) |
Filing 8 NOTICE Of Filing by Thermolife International, LLC Summons as to World Class Nutrition (Grier, Jason) |
Filing 7 NOTICE Of Filing by Thermolife International, LLC Summons as to Jared Wheat (Grier, Jason) |
Filing 6 NOTICE Of Filing by Thermolife International, LLC Summons as to APS Nutrition (Grier, Jason) |
Clerks Notation re #5 Certificate of Interested Persons. APPROVED by District Judge Eleanor L. Ross. (mdy) |
Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Thermolife International, LLC. (Grier, Jason) |
Filing 4 NOTICE of Appearance by Jason Paul Grier on behalf of Thermolife International, LLC (Grier, Jason) |
Filing 3 INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. Signed by Judge Eleanor L. Ross on 3/31/2015. (mdy) |
Filing 2 AO Form 120 forwarded to Commissioner - Director of U.S. Patent and Trademark Office. (eop) |
Filing 1 COMPLAINT with Jury Demand filed by Thermolife International, LLC.. ( Filing fee $ 400.00 receipt number 113E-5739596.) (Attachments: #1 Ex. - A - '531 Patent, #2 Ex. - B - '187 Patent, #3 Ex. - C - '288 Patent, #4 Ex. - D - '572 Patent, #5 Ex. - E - Notice Letter, #6 Blank Summons, #7 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Georgia Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.