CONCORDIA PARTNERS LLC v. PICK et al
| CONCORDIA PARTNERS LLC |
| MARCELLE PICK and PICK ENTERPRISES LLC |
| 2:2013cv00415 |
| November 8, 2013 |
| US District Court for the District of Maine |
| Portland Office |
| Cumberland |
| JOHN H RICH |
| GEORGE Z SINGAL |
| Copyright |
| 28 U.S.C. § 1338 |
| Both |
Docket Report
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This docket was last retrieved on May 26, 2015. A more recent docket listing may be available from PACER.
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| Filing 75 **FILED IN ERROR** Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Discovery Hearing held; report and order to follow. (Court Reporter: No court reporter present) (RICH III, JOHN) Modified on 5/26/2015 to indicate error; see case 2:14-cv-9 (mlm). |
| NOTICE of Docket Entry Modification regarding 75 Discovery Hearing held: This entry was marked as FILED IN ERROR. Please see consolidated case 2:14-cv-9-GZS for proper entry. (mlm) |
| Filing 74 NOTICE- Please be advised that this case has been consolidated with case number 2:14-cv-09-GZS. All further filings must be made in lead case number 2:14-cv-09-GZS. (lrc) |
Filing 73
ORDER granting without objection #72 Motion to Consolidate Cases. GRANTED WITHOUT OBJECTION. District of Maine Docket # 2:14-cv-09-GZS shall become the lead case. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 72 Unopposed MOTION to Consolidate Cases by CONCORDIA PARTNERS LLC Responses due by 10/3/2014. (STITHAM, STACY) |
| Filing 71 Reply to #56 Amended Counterclaim by CONCORDIA PARTNERS LLC. (STITHAM, STACY) Modified on 8/21/2014 to clean up docket text (lrc). |
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Filing 70
ORDER granting #69 Motion to Amend Scheduling Order Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 4/10/2015. Discovery due by 3/27/2015. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 69 Joint MOTION to Amend Scheduling Order by CONCORDIA PARTNERS LLC Responses due by 9/10/2014. (Attachments: #1 Exhibit Proposed Scheduling Order)(STITHAM, STACY) |
| Set Deadlines per Report of Hearing and Order Re: Motion to Extend Scheduling Order Dates (ECF No. 66) and Order on Motion to Remand being entered in Case No. 2:14-cv-09-GZS: Counsel shall file any objections to the Scheduling Order and any proposed discovery plan by 8/21/2014. (lrc) |
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Filing 68
ORDER granting #67 Motion to Withdraw as Attorney. Attorney Epstein's representation of the defendants is hereby terminated; the defendants continue to be represented by Attorneys Poliquin, DeTroy, and Kirchner. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 67 Unopposed MOTION by Attorney Elliott Epstein to Withdraw as Attorney by MARCELLE PICK, PICK ENTERPRISES LLC Responses due by 3/17/2014. (EPSTEIN, ELLIOTT) |
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Filing 66
REPORT OF HEARING AND ORDER re: MOTION TO EXTEND SCHEDULING ORDER DATES re: #60 Motion to Extend Time By MAGISTRATE JUDGE JOHN H. RICH III. (mjlt)
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| Filing 65 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Hearing held on 2/4/2014 re: ECF No. 60; report and order to follow. (Court Reporter: No court reporter present) (RICH III, JOHN) |
| Filing 64 NOTICE of Rescheduled Hearing on Motion (TIME ONLY) #60 Joint MOTION to Extend Time to File Objections to Scheduling Order: Telephone Conference reset for 2/4/2014 at 4:00 PM with MAGISTRATE JUDGE JOHN H. RICH III. Attorney Kirchner to initiate call. (nrg) |
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Filing 63
ORDER granting without objection #62 Motion for Extension of Time to Answer. The plaintiff's deadline to file its answer to the defendants' amended counterclaim, ECF No. 56, is extended to one week after the court's ruling on the pending motion to remand in Docket No. 2:14-cv-9-GZS. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
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| Filing 62 Unopposed MOTION to Extend Time to File Answer re #56 Answer to Complaint, Reply to Counterclaim by CONCORDIA PARTNERS LLC Responses due by 2/19/2014. (STITHAM, STACY) |
| Filing 61 NOTICE of Hearing on Motion #60 Joint MOTION to Extend Time to File Objections to Scheduling Order: Telephone Conference set for 2/4/2014 01:00 PM with MAGISTRATE JUDGE JOHN H. RICH III. Attorney Kirchner to initiate call. (nrg) |
| Filing 60 Joint MOTION to Extend Time to File Objections to Scheduling Order by CONCORDIA PARTNERS LLC Responses due by 2/18/2014. (STITHAM, STACY) |
| Filing 59 NOTICE of Appearance by DAVID BERTONI on behalf of CONCORDIA PARTNERS LLC (BERTONI, DAVID) |
| Filing 58 NOTICE of Appearance by PETER J. DETROY, III on behalf of All Defendants (DETROY, PETER) |
| Filing 57 NOTICE of Appearance by JAMES D. POLIQUIN on behalf of All Defendants (POLIQUIN, JAMES) |
| Filing 56 AMENDED ANSWER AND COUNTERCLAIM AMENDED ANSWER by PICK ENTERPRISES LLC, MARCELLE PICK. (Attachments: #1 Exhibit A - Service Mark No. 2,030,328, #2 Exhibit B - Trademark Principal Register No. 2,482,023, #3 Exhibit C - Service Mark Principal Register No.3,619,005, #4 Exhibit D - Women to Women Trademark Register No. 3,750,511, #5 Exhibit E - Women to Women Trademark Register No. 3,750,512, #6 Exhibit F - Women to Women Trademark Register No. 3,850,700, #7 Exhibit G1 - Copyright Article "Are stress & adrenal imbalance keeping you from weight loss?", #8 Exhibit G2 - Copyright article "Choosing the best multivitamin", #9 Exhibit G3 - Copyright application for article "Eating to support your adrenal glands - small choices can make a difference", #10 Exhibit G4 - Copyright application for article "Eating to support your thyroid", #11 Exhibit G5 - Copyright application for article "Findings on HRT since the women's health initiative", #12 Exhibit G6 - Copyright application for article "Giving yourself the gift you deserve: lifelong health", #13 Exhibit G7 - Copyright application for article "8 Steps to kick your sugar cravings to the curb", #14 Exhibit G8 - Copyright application for article "High blood pressure - lowering the strain", #15 Exhibit G9 - Copyright application for article "Information on fatigue, insomnia and stress", #16 Exhibit G10 - Copyright application for article "Could stress be affecting your thyroid?", #17 Exhibit G11 - Copyright application for article "Adrenal stress & weight loss", #18 Exhibit G12 - Copyright application for article "Anxiety in women - causes, symptoms and natural relief", #19 Exhibit G13 - Copyright application for article "Are you an emotional eater?", #20 Exhibit G14 - Copyright application for article "Causes of inflammation", #21 Exhibit G15 - Copyright application for article "Insulin resistance in women", #22 Exhibit G16 - Copyright application for article "DHEA and adrenal imbalance", #23 Exhibit G17 - Copyright application for article "Do you have weight loss resistance?", #24 Exhibit G18 - Copyright application for article "Early menopause - feeling good and finding your way", #25 Exhibit G19 - Copyright application for article "Irritable bowel syndrome- is it all in your head?", #26 Exhibit G20 - Copyright application for article "Inflammation - the key to chronic disease?", #27 Exhibit G21 - Copyright application for article "Inflammation and your bones - prevent osteoporosis by cooling the fire", #28 Exhibit G22 - Copyright application for article "Information on emotions, health & stress - connections worth exploring", #29 Exhibit G23 - Copyright application for article "Information on menstruation", #30 Exhibit G24 - Copyright application for article "Information on urinary and pelvic health in women", #31 Exhibit G25 - Copyright application for article "Irregular periods", #32 Exhibit G26 - Copyright application for article "Is stress affecting your memory and cognition?", #33 Exhibit G27 - Copyright application for article "Leaky gut syndrome - how healing your digestive tract promotes total wellness", #34 Exhibit G28 - Copyright application for article "A natural approach to insulin resistance", #35 Exhibit G29 - Copyright application for article "Acid reflux - what's eating you?", #36 Exhibit G30 - Copyright application for article "Adrenal extremes - could you be on your way to Cushing's or Addison's disease?", #37 Exhibit G31 - Copyright application for article "Am I losing my mind? What you can do about fuzzy thinking", #38 Exhibit G32 - Copyright application for article "Aging with grace - a natural approach to preserving your health span", #39 Exhibit G33 - Copyright application for article "Allergies & sensitivities - causes and solutions", #40 Exhibit G34 - Copyright application for article "Alternative treatment for hypothyroidism", #41 Exhibit G35 - Copyright application for article "Alzheimer's disease - or just a little forgetful?, #42 Exhibit G36 - Copyright application for article "Anatomy of the skin", #43 Exhibit G37 - Copyright application for article "Antidepressants and natural alternatives", #44 Exhibit G38 - Copyright application for article "Are you wired to worry? How to quiet your anxious mind", #45 Exhibit G39 - Copyright application for article "Avoiding holiday stress", #46 Exhibit G40 - Copyright application for article "Blood glucose - could you be on a path to diabetes?", #47 Exhibit G41 - Copyright application for article "Blood pressure readings - taking your vital signs", #48 Exhibit G42 - Copyright application for article "Bone density, osteoporosis and the risk of bone fracture", #49 Exhibit G43 - Copyright application for article "Bone mineral density testing and bone scan results", #50 Exhibit G44 - Copyright application for article "Caffeine and your adrenals - could they be paying dearly?", #51 Exhibit G45 - Copyright application for article "Caffeine pros and cons: effects of caffeine on your body", #52 Exhibit G46 - Copyright application for article "Can you speed up your metabolism to lose weight?", #53 Exhibit G47 - Copyright application for article "Confused about carbohydrates? A quick guide to the carb spectrum", #54 Exhibit G48 - Copyright application for article "Could yeast be disturbing digestion?", #55 Exhibit G49 - Copyright application for article "C-reactive protein (CRP and hs-CRP) - are you on fire?, #56 Exhibit G50 - Copyright application for article "Deep breathing - the truly essential exercise", #57 Exhibit G51 - Copyright application for article "Dependency & withdrawal - detoxing from caffeine", #58 Exhibit G52 - Copyright application for article "Diet soda - how healthy is it?", #59 Exhibit G53 - Copyright application for article "Dual energy x-ray absorptiometry (DEXA) - how dense are your bones?", #60 Exhibit G54 - Copyright application for article "Eat safe - six simple ways to enhance the quality of your food", #61 Exhibit G55 - Copyright application for article "Emotional well being and the Emotional Freedom Technique (EFT), #62 Exhibit G56 - Copyright application for article "Feel better in two weeks - with W2W's quick-cleanse", #63 Exhibit G57 - Copyright application for article "Finding peace for your legs - a simple approach to restless leg syndrome", #64 Exhibit G58 - Copyright application for article "Food and herbs for boosting immunity and respiratory health", #65 Exhibit G59 - Copyright application for article "Gastrointestinal distress - could it be intestinal parasites?", #66 Exhibit G60 - Copyright application for article "Gluten intolerance & celiac disease - should you be concerned?", #67 Exhibit G61 - Copyright application for article "Good news about sex & menopause - the pleasure has just begun", #68 Exhibit G62 - Copyright application for article "Health & vitamins - who should take dietary supplements and why", #69 Exhibit G63 - Copyright application for article "Herbs for healing digestive imbalance", #70 Exhibit G64 - Copyright application for article "High fructose corn syrup", #71 Exhibit G65 - Copyright application for article "Holistic skin care - healthy skin from the inside out", #72 Exhibit G66 - Copyright application for article "How emotional experience determines your health", #73 Exhibit G67 - Copyright application for article "How the Hoffman Quadrinity Process Works", #74 Exhibit G68 - Copyright application for article "How thyroid issues affect weight gain", #75 Exhibit G69 - Copyright application for article "Hyperthyroidism - overactive thyroid", #76 Exhibit G70 - Copyright application for article "Infertility: an alternative perspective", #77 Exhibit G71 - Copyright application for article "Insomnia - reset your inner clock & get back to sleep", #78 Exhibit G72 - Copyright application for article "Interpreting your medical test results - a necessary element of maintaining women's health", #79 Exhibit G73 - Copyright application for article "Iodine & the thyroid - worth a second glance", #80 Exhibit G74 - Copyright application for article "Iron and ferritin - what's the difference?", #81 Exhibit G75 - Copyright application for article "Is adrenal imbalance keeping you from sleeping at night?", #82 Exhibit G76 - Copyright application for article "Is it attention deficit hyperactivity disorder (ADHD)?", #83 Exhibit G77 - Copyright application for article "Is it me or my adrenals? Why I wrote this book on adrenal function?, #84 Exhibit G78 - Copyright application for article "Is vitamin D deficiency casting a cloud over your health?", #85 Exhibit G79 - Copyright application for article "Joint pain and arthritis - quiteing the inflammatory noise", #86 Exhibit G80 - Copyright application for article "Let it out - the power of anger", #87 Exhibit G81 - Copyright application for article"Lipid profile - a look at cholesterol, HDL, LDL, and triglycerides", #88 Exhibit G82 - Copyright application for article "Luteinizing hormone (LH) & follicle-stimulating hormone (FSH) - insight into your ovaries", #89 Exhibit G83 - Copyright application for article "Lymphoma & lymphedema", #90 Exhibit G84 - Copyright application for article "Natural treatments for adrenal imbalance - restoring the energy you thought was lost", #91 Exhibit G85 - Copyright application for article "Natural weight loss", #92 Exhibit G86 - Copyright application for article "Nature's sleeping aids - a dream come true", #93 Exhibit G87 - Copyright application for article "N-telepeptide (NTx) - a valuable marker of bone breakdown, #94 Exhibit G88 - Copyright application for article "Omega-3s, phytonutrients, and the Mediterranean diet", #95 Exhibit G89 - Copyright application for article "On depression, anxiety and mood", #96 Exhibit G90 - Copyright application for article "One day on Women to Women's Quick-Cleanse", #97 Exhibit G91 - Copyright application for article "Our perspective on the risks of HRT", #98 Exhibit G92 - Copyright application for article "Personal program nutritional & lifestyle guidelines", #99 Exhibit G93 - Copyright application for article "Popular weight loss plan for women - what works?", #100 Exhibit G94 - Copyright application for article "Premature ovarian failure - you haven't failed", #101 Exhibit G95 - Copyr |
| Filing 55 NOTICE of Appearance by THEODORE H. KIRCHNER on behalf of All Defendants (KIRCHNER, THEODORE) |
| Filing 54 NOTICE of Appearance by STACY O. STITHAM on behalf of CONCORDIA PARTNERS LLC (STITHAM, STACY) |
| Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Conference of Counsel held on 12/6/13 before Judge George Z. Singal. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: (207) 749-4072. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 4/14/2014. (DUNBAR, LORI) |
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Filing 52
SCHEDULING ORDER: Discovery due by 6/10/2014. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 6/17/2014. Motions due by 7/1/2014. Ready for Trial on 10/6/2014. By MAGISTRATE JUDGE JOHN H. RICH III. (lrc)
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| Filing 51 CORPORATE DISCLOSURE STATEMENT by PICK ENTERPRISES LLC. (EPSTEIN, ELLIOTT) |
| Filing 50 ANSWER to #1 Complaint with Jury Demand -Injunctive Relief Sought, COUNTERCLAIM against CONCORDIA PARTNERS LLC by PICK ENTERPRISES LLC, MARCELLE PICK. (Attachments: #1 Exhibit A Service Mark Principal Register, Reg. No. 2,030,328, #2 Exhibit B Trademark Principal Register, Reg. No. 2,482,023, #3 Exhibit C Service Mark Principal Register, Reg. No. 3,619,005, #4 Exhibit D United States Trademark - Women to Women Service Mark, Reg. No. 3,750,511, #5 Exhibit E United States Trademark - Reg. No. 3,750,512, #6 Exhibit F United States Trademark, Reg. No. 3,850,700, #7 Exhibit G1 US Copyright Registration: Are stress & adrenal imbalance keeping you from weight loss?, #8 Exhibit G2 US Copyright Registration - Choosing the best multivitamin, #9 Exhibit G3 Copyrght application - Eating to support your adrenal glands, #10 Exhibit G4 Copyrght application - Eating to support your thyroid, #11 Exhibit G5 Copyrght application - Findings on HRT since the women's health initiative, #12 Exhibit G6 Copyrght application - Giving yourself the gift you deserve: lifelong health, #13 Exhibit G7 Copyrght application - 8 steps to kick your sugar cravings to the curb, #14 Exhibit G8 Copyrght application - High blood pressure- lowering the strain, #15 Exhibit G9 Copyrght application - choosing the best multivitamin, #16 Exhibit G10 Copyrght application - Could stress be affecting your thyroid?, #17 Exhibit G12 Copyrght application - Anxiety in women - causes, symptoms and natural relief, #18 Exhibit G13 Copyrght application - Are you an emotional eater?, #19 Exhibit G14 Copyrght application - Causes of inflammation, #20 Exhibit G15 Copyrght application - Insulin resistance in women, #21 Exhibit G16 Copyrght application - DHEA and adrenal imbalance, #22 Exhibit G17 Copyrght application - Do you have weight loss resistance?, #23 Exhibit G18 Copyrght application - Early menopause - feeling good and finding your way, #24 Exhibit H State of Maine Application for Registration - Mark (combined service/trademark - classes 5, 42), #25 Exhibit I State of Maine Application for Registration - Mark (Combined service/trademark classes 5, 16, 41, 43), #26 Exhibit G11 Copyright application - Adrenal stress and weight loss)(EPSTEIN, ELLIOTT) Modified on 1/7/2014 to clarify docket text and insert exhibit numbers(lrc). |
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Filing 49
ORDER mooting #42 Motion to Stay. Given the Withdrawal of the Motion for Temporary Restraining Order (docket #48) the Motion to Stay is MOOT. By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 48 WITHDRAWAL of : #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by CONCORDIA PARTNERS LLC Without Prejudice. (NUZZI, DANIEL) |
| Filing 47 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order and Report of Conference of Counsel. Order of State Court granting Concordia's request to continue deposition. (NUZZI, DANIEL) Modified on 1/3/2014 to clean-up docket text (jgw). |
| Filing 46 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference- ORDER of State Court DENYING Defendants' Motion to Alter or Amend, for Relief from Order, for Testimonial Hearing and for Stay and GRANTING Plaintiff's Emergency Motion for Clarification or to Alter or Amend(NUZZI, DANIEL) Modified on 12/30/2013 to clean up docket text (lrc). |
| Filing 45 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference - State Court Plaintiff's Reply Brief in Support of Emergency Motion for Clarification or to Alter or Amend. (Attachments: #1 Exhibit A- Affidavit of Ivan Sokolovich)(NUZZI, DANIEL) Modified on 12/30/2013 to clean up docket text (lrc). |
| Filing 44 ADDITIONAL ATTACHMENTS filed by MARCELLE PICK, PICK ENTERPRISES LLC re #12 State Court Pleading -Defendants' Opposition to Plaintiff's Emergency Motion to Clarify or to Alter or Amend Preliminary Injunction & Inc. Memorandum of Law.. (EPSTEIN, ELLIOTT) Modified on 12/27/2013 to clean up docket text (lrc). |
| NOTICE of Docket Entry Modification regarding #40 Notice of State Court Filing- State Court Motion to Amend- this docket entry was modified by the Clerk's Office to reflect that this is a notice of a filing made in the State Court and that it requires no action by this Court. The Clerk's Office has terminated this pleading as a pending motion and modified the docket entry to reflect that this is a motion filed in State Court(lrc) |
| Reset Deadlines as to #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction pursuant to the Procedural Order & Report of Conference entered on 12/6/2013: Reply due by 1/3/2014. (lrc) |
| Filing 43 RESPONSE to Motion re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MARCELLE PICK, PICK ENTERPRISES LLC. Reply due by 1/9/2014. (EPSTEIN, ELLIOTT) |
| Filing 42 MOTION to Stay by MARCELLE PICK, PICK ENTERPRISES LLC Responses due by 1/16/2014. (EPSTEIN, ELLIOTT) |
| Filing 41 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #12 Status Report-State Court Emergency Motion for Clarification and Motion for Expedited Consideration of Same. (Attachments: #1 Supplement Motion for Expedited Consideration)(NUZZI, DANIEL) Modified on 12/27/2013 to clean up docket text (lrc). |
| Filing 40 Notice of State Court Filing- State Court MOTION to Amend by MARCELLE PICK, PICK ENTERPRISES LLC Responses due by 1/16/2014. (EPSTEIN, ELLIOTT) Modified on 12/27/2013 to reflect that this filing was incorrectly filed as a motion rather than a notification of a filing made in State Court. The clerk's office has terminated this pleading as a pending motion with this court (lrc). |
| Set Answer Deadline for MARCELLE PICK and PICK ENTERPRISES LLC- Motion to Dismiss was denied on 12/23/2013 : Answer due by 1/9/2014. (lrc) |
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Filing 39
ORDER ON MOTION TO DISMISS denying #13 Motion to Dismiss By JUDGE GEORGE Z. SINGAL. (nrg)
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| Filing 38 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Report of Conference of Counsel and Order . Main Document: Order Granting Motion for Preliminary Injunction in State Case. (NUZZI, DANIEL) |
| Filing 37 REPLY to Response to Motion re #13 MOTION to Dismiss Under F.R.Civ.P. 12(b)(1) and 12(b)(6) filed by MARCELLE PICK, PICK ENTERPRISES LLC. (EPSTEIN, ELLIOTT) |
| Reset Deadlines as to #13 MOTION to Dismiss - pursuant to the Procedural Order & Report of Conference entered on 12/6/2013: Reply due by 12/20/2013. (lrc) |
| Filing 36 RESPONSE in Opposition re #13 MOTION to Dismiss Under F.R.Civ.P. 12(b)(1) and 12(b)(6) filed by CONCORDIA PARTNERS LLC. Reply due by 12/30/2013. (NUZZI, DANIEL) |
| Filing 35 SUBMISSION CONCERNING STATUS OF STATE COURT ACTION by CONCORDIA PARTNERS LLC (NUZZI, DANIEL) Modified on 12/16/2013 to clean up docket text (lrc). |
| Filing 34 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference - Affidavit of Marcelle Pick. (Attachments: #1 Exhibit A-F, #2 Exhibit G-M)(NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text(lrc). |
| Filing 33 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference - Affidavit of Jeff McKinnon 12/9 with Exhibits In Support of Reply for Motion for Preliminary Injunction. (Attachments: #1 Exhibit A. Moz report, #2 Exhibit B. Google Search Engine Results, #3 Exhibit C. Letter of Richard Bilodeau, #4 Exhibit D. Letter from Concordia Counsel 9/13/13, #5 Exhibit E. Letter from Def. Counsel 9/24/13, #6 Exhibit F. Letter from Concordia Counsel 9/30/13, #7 Exhibit G. Email Chain of Counsel 11/14/13, #8 Exhibit H. Letter from Atty Carpenter 10/16/13, #9 Exhibit I. Letter from Concordia Counsel 10/16/13, #10 Exhibit J. Email from Atty Carpenter 10/16/13, #11 Exhibit K. Letter from Jeff McKinnon 10/20/13)(NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
| Filing 32 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference - Amended Exhibit A to Bilodeau 11/19 Affidavit (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text(lrc). |
| Filing 31 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference - Affidavit of Richard Bilodeau 12/9 with Exhibits. (Attachments: #1 Exhibit A1 Article w handwritten notes, #2 Exhibit A2 Article Scope, #3 Exhibit A3 Email w Article Draft, #4 Exhibit A4 Email w Article Draft, #5 Exhibit A5 Article w handwritten notes, #6 Exhibit A6 Email w Article Draft, #7 Exhibit A7 Article research, #8 Exhibit B1 Email with Article Draft, #9 Exhibit B2 Email with Article Draft, #10 Exhibit B3 Email with Article Draft, #11 Exhibit B4 Email with Article Draft, #12 Exhibit B5 Email)(NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
| Filing 30 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference -Plaintiff's Reply re Motion for Preliminary Injunction. (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
| Filing 29 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference -Affidavit of Inger Pols. (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text(lrc). |
| Filing 28 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference,Affidavit of Thomas Nyiri. (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
| Filing 27 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference - Defendants' Opposition to Motion for Preliminary Injunction. (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
| Filing 26 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference - Plaintiff's Supplemental Submission in Support of Motion for Preliminary Injunction. (Attachments: #1 Affidavit Supplemental Affidavit of Jeff McKinnon, #2 Affidavit Genevieve Morgan, #3 Affidavit Ann Lundquist, #4 Affidavit Elizabeth Platt Hamblin, #5 Affidavit Betsy Peters)(NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
| Filing 25 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference -ORDER Granting Motion for Expedited Hearing. (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
| Filing 24 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference-Motion for Expedited Consideration of Motion for Preliminary Injunction. (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
| Filing 23 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference - Affidavit of Richard Bilodeau with Exhibits (Attachments: #1 Exhibit A. List of Articles and Other Materials, #2 Exhibit B. URL List)(NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
| Filing 22 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference - Affidavit of Joan Everett.. (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
| Filing 21 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference - Affidavit of Amy Amoroso. (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
| Filing 20 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference - Affidavit of Jeff McKinnon. (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text(lrc). |
| Filing 19 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference -Rule 65(a) Verification of State Court Second Amended Complaint. (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text(lrc). |
| Filing 18 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #17 Procedural Order & Report of Conference; State Court Motion for Preliminary Injunction. (NUZZI, DANIEL) Modified on 12/12/2013 to clean up docket text (lrc). |
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Filing 17
PROCEDURAL ORDER & REPORT OF CONFERENCE By JUDGE GEORGE Z. SINGAL. (lrc)
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| Filing 16 Minute Entry for proceedings held before JUDGE GEORGE Z. SINGAL: Conference of Counsel held. Report and Order to issue. (Court Reporter: Lori Dunbar) (lrc) |
| Reset Deadlines as to #13 MOTION to Dismiss Under F.R.Civ.P. 12(b)(1) and 12(b)(6) pursuant to the PROCEDURAL ORDER & REPORT OF CONFERENCE entered on 12/6/2013: Responses due by 12/16/2013. Any reply shall be filed by 12/20/2013 (lrc) |
| Set Deadlines pursuant to the PROCEDURAL ORDER & REPORT OF CONFERENCE entered on 12/6/2013: Counsel shall notify the Court of the result of the December 10, 2013 hearing in the state action no later than 12/12/2013 and going forward, counsel shall file a copy of any written ruling or notice of hearing in the related state court case within 24 hours of receipt. (lrc) |
| Reset Deadlines as to #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction pursuant to the PROCEDURAL ORDER & REPORT OF CONFERENCE entered on 12/6/2013: Responses due by 12/26/2013. Any reply shall be filed by 1/3/2014. (lrc) |
| Filing 15 ADDITIONAL ATTACHMENTS filed by CONCORDIA PARTNERS LLC re #12 Status Report- Attaching Hearing Notice in State Court Proceeding. (NUZZI, DANIEL) |
| Filing 14 NOTICE OF HEARING: Conference of Counsel set for 12/6/2013 at 9:00 AM in Judge Singal's Chambers before JUDGE GEORGE Z. SINGAL. (mnw) |
| Filing 13 MOTION to Dismiss Under F.R.Civ.P. 12(b)(1) and 12(b)(6) by MARCELLE PICK, PICK ENTERPRISES LLC Responses due by 12/26/2013. (EPSTEIN, ELLIOTT) |
| Set Answer Deadline for MARCELLE PICK and PICK ENTERPRISES LLC per Summons Returned Executed filed on 11/14/2013, defendants were served on 11/13/2013: Answers due by 12/4/2013. (lrc) |
| Filing 12 SUBMISSION OF STATE COURT PLEADINGS AND SUMMARY OF CASE STATUS by CONCORDIA PARTNERS LLC. (Attachments: #1 Exhibit 1. State Court Docket, #2 Exhibit 2. Plaintiff''s First Amended Complaint, #3 Exhibit 3. Plaintiff's Motion for Leave to file Second Amended Complaint attaching proposed second amended complaint, #4 Exhibit 4. Order granting Motion for Admission Pro Hac Vice, #5 Exhibit 5. Order requiring payment of pro hac vice fee, #6 Exhibit 6. Scheduling Order, #7 Exhibit 7. Order granting Concordia's Motion to Dismiss Counterclaim, #8 Exhibit 8. Order concerning ADR conference, #9 Exhibit 9. Order granting Motion for Enlargement, #10 Exhibit 10. Order granting Defendants' Counsels' Motion to Withdraw and Entering 30-day Stay for Appearance of Substitute Counsel)(NUZZI, DANIEL) Modified on 11/15/2013 to clean up docket text (lrc). |
| Filing 11 CERTIFICATION OF SERVICE OF NOVEMBER 12, 2013, ORDER by CONCORDIA PARTNERS LLC (NUZZI, DANIEL) Modified on 11/15/2013 to clean up docket text(lrc). |
| Filing 10 SUMMONS Returned Executed by CONCORDIA PARTNERS LLC. PICK ENTERPRISES LLC served on 11/13/2013. (NUZZI, DANIEL) |
| Filing 9 SUMMONS Returned Executed by CONCORDIA PARTNERS LLC. MARCELLE PICK served on 11/13/2013. (NUZZI, DANIEL) |
|
Filing 8
ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER denying #3 Motion for TRO; reserving ruling #3 Motion for Preliminary Injunction By JUDGE GEORGE Z. SINGAL. (lrc)
|
| Filing 7 CORPORATE DISCLOSURE STATEMENT by CONCORDIA PARTNERS LLC. (NUZZI, DANIEL) |
| Filing 6 NOTICE/CORRESPONDENCE Re: Notification to Defendants of Motion for Temporary Restraining Order or Preliminary Injunction and Exhibits and Complaint and Exhibits pursuant to Fed. R. 65(c) by CONCORDIA PARTNERS LLC (NUZZI, DANIEL) |
| Filing 5 AO FORM 121: REPORT on the Filing or Determination of an Action or Appeal Regarding a Copyright; copy e-mailed to U.S Copyright Office. (Attachments: #1 copyright applications, #2 copyright registration applications) (bfa) |
| Filing 4 Summons Issued as to MARCELLE PICK, PICK ENTERPRISES LLC. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 Pick Enterprises summons)(bfa) |
| Set Deadlines pursuant to the ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER entered on 11/12/2013: Plaintiff shall file with the Court a copy of the state court complaint, the state court docket and any orders issued by the state court hearing that case as well as a brief summary of the status of that litigation no later than NOON on 11/15/2013. (lrc) |
| Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1185997.), filed by CONCORDIA PARTNERS LLC.(NUZZI, DANIEL) |
| Filing 3 MOTION for Temporary Restraining Order and for Preliminary Injunction by CONCORDIA PARTNERS LLC (Attachments: #1 Declaration of Jeff Mckinnon, #2 Declaration of Jeff McKinnon in support of TRO Ex. A, #3 Declaration of Richard Bilodeau, #4 Bilodeau Declaration Ex. A 10-28-13 cease and desist letter, #5 Bilodeau Declaration Ex. B 10-30-13 cease and desist letter, #6 Bilodeau Declaration Ex. C 2009 W2W website application, #7 Bilodeau Declaration Ex. D 2013 W2W website application, #8 Bilodeau Declaration Ex. E 2013 WHN website application, #9 Bilodeau Declaration Ex. F1-F41, #10 Bilodeau Declaration Ex. G List of 41 Concordia copyright apps, #11 Bilodeau Declaration Ex. H1-21a&b, #12 Bilodeau Declaration Ex. H22 - 41 a&b, #13 Bilodeau Declaration Ex.I CopyScape Report, #14 Bilodeau Declaration Ex. J Concordia websites features listing)(bfa). Added MOTION for Preliminary Injunction on 11/12/2013 (lrc). |
| Filing 2 CIVIL COVER SHEET. (bfa) |
| Filing 1 COMPLAINT against MARCELLE PICK, PICK ENTERPRISES LLC with Jury Demand IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO IMMEDIATELY LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY.IF FILING FEE IS BEING PAID WITH A CHECK, THE COURT REQUIRES RECEIPT OF PAYMENT WITHIN 48 HOURS OF THIS FILING., filed by CONCORDIA PARTNERS LLC. (Service of Process Deadline 3/10/2014) (Attachments: #1 Exhibit A 2006 license agreement, #2 Exhibit B List of 41 Concordia copyright Apps, #3 Exhibit C 41 copyright registration apps, #4 Exhibit D 2009 W2W website application, #5 Exhibit E 2013 W2W website application, #6 Exhibit F 2013 WHN website application, #7 Exhibit G 10-28-13 cease and desist letter, #8 Exhibit H 10-30-13 cease and desist letter)(bfa) |
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