Ganz U.S.A., LLC et al v. Transpac, Inc. dba Transpac Imports Inc.
| Ganz U.S.A., LLC and Noelle, LLC |
| Transpac, Inc. doing business as Transpac Imports Inc. |
| 7:2014cv00045 |
| March 7, 2014 |
| US District Court for the Eastern District of North Carolina |
| Southern Division Office |
| PENDER |
| James C Dever |
| Copyright |
| 17 U.S.C. § 501 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 11, 2015. A more recent docket listing may be available from PACER.
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Filing 56
CONSENT JUDGMENT AND PERMANENT INJUNCTION ORDER - it is ORDERED, ADJUDGED AND DECREED that Defendant and its officers, agents, servants, employees, attorneys, and all those in active concert or participation with Defendant who receive actual notice of this order, are hereby RESTRAINED and ENJOINED FROM manufacturing, distributing, advertising, selling, offering for sale and distribution, and/or placing any future orders for the following products currently identified as SKUs X8702 (acrylic hanging icicle), X8703 (acrylic hanging shell), and X8691 (acrylic hanging snowflake); and from assisting, aiding or abetting another person or business entity in engaging or performing any of the activities enumerated above. This Order shall remain in full force and effect unless and until the Court grants a party's motion to dissolve or otherwise modify this Order. No party shall be deemed to have made an admission as to liability or to damages as a result of this Order. Plaintiffs are not required to post a bond with this Court to secure entry of the Permanent Injunction. This Court shall retain jurisdiction to amend or modify the Permanent Injunction and to enforce the Permanent Injunction and Confidential Settlement Agreement and to remedy any violation. Plaintiffs may seek relief for any violation of the Permanent Injunction by submitting a Motion for Sanctions or for Contempt, accompanied by an appropriate affidavit, detailing the violation(s) of this Permanent Injunction. Plaintiffs may seek relief for any violation of the Confidential Settlement Agreement by submitting a Motion to Enforce Settlement Agreement, accompanied by an appropriate affidavit, detailing the violation(s) of the Confidential Settlement Agreement. All other claims for relief asserted in the Action, including all claims for monetary relief, are dismissed with prejudice. Each party shall bear their own costs and/or attorneys' fees incurred through the entry of the Permanent Injunction. Signed by Chief Judge James C. Dever III on 8/11/2015. (Jenkins, C.)
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| Motion Submitted to Chief District Judge James C. Dever III: #55 Joint MOTION for Judgment Joint Motion for Entry of Consent Judgment. (Jenkins, C.) |
| Filing 55 Joint MOTION for Judgment Joint Motion for Entry of Consent Judgment filed by Ganz U.S.A., LLC, Noelle, LLC. (Attachments: #1 Exhibit Consent Judgment and Permanent Injunction - with signatures) (Biller, Anthony) |
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Filing 54
ORDER DENYING: #25 Motion to Dismiss for Failure to State a Claim. Defendant's motion to dismiss [D.E. 25] is DENIED. Signed by Chief Judge James C. Dever III on 7/28/2015. (O'Brien, C.)
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| Motion Submitted to Chief Judge James C. Dever III: #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (O'Brien, C.) |
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Filing 53
ORDER GRANTING: #52 Joint Motion for Extension of Time. The Court GRANTS an extension of time up to and including July 26, 2015 for Defendant to serve its Reply to Plaintiffs' Response to Defendant's Motion to Dismiss, and up to and including July 28, 2015 for the Parties to hold their Rule 26(f) meeting. Signed by Chief Judge James C. Dever III on 6/26/2015. (O'Brien, C.)
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| Filing 52 Joint MOTION for Extension of Time filed by Transpac, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Jackson, John) |
| Motion Submitted to Chief Judge James C. Dever III: #52 Joint MOTION for Extension of Time. (O'Brien, C.) |
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Filing 51
ORDER GRANTING: #50 Motion for Extension of Time re Defendant's Reply & Rule 26(f) meeting . The Court GRANTS an extension of time up to and including June 26, 2015, for Defendant to serve its Reply to Plaintiffs' Response to Defendant's Motion to Dismiss, and up to and including June 28, 2015 for the Parties to hold their Rule 26(f) meeting. Signed by Chief Judge James C. Dever III on 5/28/2015. (O'Brien, C.)
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| Filing 50 Joint MOTION for Extension of Time re Defendant's Reply & Rule 26(f) meeting by Transpac, Inc.. (Attachments: #1 Text of Proposed Order) (Jackson, John) |
| Motion Submitted to Chief Judge James C. Dever III: #50 Joint MOTION for Extension of Time re Defendant's Reply & Rule 26(f) meeting. (O'Brien, C.) |
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Filing 49
ORDER GRANTING: #48 Motion for Extension of Time. The Court GRANTS an extension of time up to and including May 27, 2015, for Defendant to serve its Reply to Plaintiffs' Response to Defendant's Motion to Dismiss, and up to and including May 29, 2015 for the Parties to hold their Rule 26(f) meeting. Signed by Chief Judge James C. Dever III on 4/24/2015. (O'Brien, C.)
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| Filing 48 Joint MOTION for Extension of Time to File Response/Reply as to #47 Response in Opposition to Motion by Transpac, Inc.. (Attachments: #1 Text of Proposed Order) (Jackson, John) |
| Motion Submitted to Chief Judge James C. Dever III: #48 Joint MOTION for Extension of Time. (O'Brien, C.) |
| Filing 47 RESPONSE in Opposition regarding #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ganz U.S.A., LLC, Noelle, LLC. (Biller, Anthony) |
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Filing 46
ORDER GRANTING: #44 Motion for Extension of Time. The Court GRANTS an extension of time up to and including April 8, 2015, for Plaintiffs to respond to Defendant's Motion to Dismiss, and up to and including April 29, 2015 for the Parties to hold the Rule 26(f) meeting. Signed by Chief Judge James C. Dever III on 3/6/15. (O'Brien, C.)
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| Motion and Proposed Order Submitted to Chief Judge James C. Dever III: #44 Joint MOTION for Extension of Time and #45 Corrected Proposed Order. (O'Brien, C.) |
| Filing 45 NOTICE by Ganz U.S.A., LLC, Noelle, LLC regarding #44 Joint MOTION for Extension of Time CORRECTED Proposed Order (Attachments: #1 Text of Proposed Order CORRECTED Proposed Order) (Biller, Anthony) |
| Filing 44 Joint MOTION for Extension of Time by Ganz U.S.A., LLC, Noelle, LLC. (Attachments: #1 Text of Proposed Order) (Biller, Anthony) |
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Filing 43
ORDER GRANTING: #42 Motion for Extension of Time. The Court GRANTS an extension of time up to and including March 9, 2015, for Plaintiffs to respond to Defendant's Motion to Dismiss, and up to and including March 30, 2015 for the Parties to hold the Rule 26(f) meeting. Signed by Chief Judge James C. Dever III on 2/9/15. (O'Brien, C.)
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| Filing 42 Joint MOTION for Extension of Time by Ganz U.S.A., LLC, Noelle, LLC. (Attachments: #1 Text of Proposed Order) (Biller, Anthony) |
| Motion Submitted to Chief Judge James C. Dever III: #42 Joint MOTION for Extension of Time . (O'Brien, C.) |
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Filing 41
ORDER GRANTING: #40 Motion for Extension of Time. The Court GRANTS an extension of time up to and including February 7, 2015 for Plaintiffs to respond to Defendant's Motion to Dimiss, and up to and including February 28, 2015 for the Parties to hold the Rule 26(f) meeting. Signed by Chief Judge James C. Dever III on 1/8/15. (O'Brien, C.)
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| Filing 40 Joint MOTION for Extension of Time by Ganz U.S.A., LLC, Noelle, LLC. (Attachments: #1 Text of Proposed Order) (Biller, Anthony) |
| Motion Submitted to Chief Judge James C. Dever III: #40 Joint MOTION for Extension of Time . (O'Brien, C.) |
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Filing 39
ORDER granting #38 Joint Motion for Extension of Time - The court GRANTS an extension of time up to and including January 8, 2015, for Plaintiffs to respond to Defendant's Motion to Dismiss, and up to and including January 29, 2015 for the Parties to hold the Rule 269f) meeting. Signed by Chief Judge James C. Dever III on 11/26/2014. (Tripp, S.)
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| Filing 38 Joint MOTION for Extension of Time by Ganz U.S.A., LLC, Noelle, LLC. (Attachments: #1 Text of Proposed Order) (Biller, Anthony) |
| Motion Submitted to Chief Judge James C. Dever III: #38 Joint MOTION for Extension of Time . (O'Brien, C.) |
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Filing 37
ORDER granting #36 Motion for Extension of Time. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Chief Judge James C. Dever III on 11/6/2014. (Edwards, S.)
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| Filing 36 Joint MOTION for Extension of Time by Ganz U.S.A., LLC, Noelle, LLC. (Attachments: #1 Text of Proposed Order) (Biller, Anthony) |
| Filing 35 Notice of Substitution of Counsel by John Christopher Jackson on behalf of Transpac, Inc. substituting for Trevor P. Schmidt (Jackson, John) |
| MOTION SUBMITTED to Chief District Judge James C. Dever, III: #36 Joint Motion for Extension of Time to Extend Various Deadlines. (Fisher, M.) |
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Filing 34
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court on 10/29/2014. (Edwards, S.)
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Filing 33
ORDER granting #31 Motion for Extension of Time to File Response/Reply regarding #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Responses due by 11/3/2014. Signed by Chief Judge James C. Dever III on 9/30/2014. (Tripp, S.)
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Filing 32
ORDER granting #29 Motion to Seal Document #28 PROPOSED SEALED Exhibit - Signed by Chief Judge James C. Dever III on 9/30/2014. (Tripp, S.)
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| Filing 31 MOTION for Extension of Time to File Response/Reply as to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ganz U.S.A., LLC, Noelle, LLC. (Attachments: #1 Text of Proposed Order) (Biller, Anthony) |
| Motion Submitted to Chief Judge James C. Dever III: #31 MOTION for Extension of Time to File Response/Reply as to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Tripp, S.) |
| Filing 30 Memorandum in Support regarding #29 MOTION to Seal Document #28 PROPOSED SEALED Exhibit, filed by Ganz U.S.A., LLC, Noelle, LLC. (Biller, Anthony) |
| Filing 29 MOTION to Seal Document #28 PROPOSED SEALED Exhibit, by Ganz U.S.A., LLC, Noelle, LLC. (Attachments: #1 Text of Proposed Order) (Biller, Anthony) |
| Filing 28 SEALED Exhibit (Selected Participants Only)by Transpac, Inc. (available to: Plaintiff Noelle, LLC, Defendant Transpac, Inc.) regarding #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #26 Memorandum in Support, #27 Notice-(other). (Attachments: #1 Exhibit Proposed Exhibit Under Seal) (Wood, W.) Modified on 9/30/2014 to remove 'proposed' from docket text. (Tripp, S.). |
| Filing 27 NOTICE by Transpac, Inc. regarding #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #26 Memorandum in Support of Motion to Dismiss (Attachments: #1 Exhibit Proposed Exhibit Under Seal) (Wood, W.) |
| Filing 26 Memorandum in Support regarding #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Transpac, Inc.. (Attachments: #1 Exhibit Proposed Sealed Exhibit, #2 Exhibit Unpublished Cases) (Wood, W.) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Transpac, Inc.. (Wood, W.) |
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Filing 24
ORDER granting #22 Fourth Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint. Transpac, Inc.'s answer due 9/8/2014. Signed by Chief Judge James C. Dever III on 8/6/2014. (Tripp, S.)
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| Filing 23 Proposed Order regarding #22 Fourth MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint filed by Transpac, Inc.. (Schmidt, Trevor) |
| Filing 22 Fourth MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by Transpac, Inc.. (Schmidt, Trevor) |
| Motion Submitted to Chief Judge James C. Dever III: #22 Fourth MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint. (Tripp, S.) |
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Filing 21
ORDER granting #19 Motion for Extension of Time to Answer Transpac, Inc. answer due 8/7/2014. Signed by Chief Judge James C. Dever III on 7/7/2014. (Edwards, S.)
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| Motion Submitted to Chief Judge James C. Dever III: #19 Consent MOTION for Extension of Time to File Answer. (Edwards, S.) |
| Filing 20 Proposed Order regarding #19 Consent MOTION for Extension of Time to File Answer filed by Transpac, Inc.. (Schmidt, Trevor) |
| Filing 19 Third Consent MOTION for Extension of Time to File Answer by Transpac, Inc. (Schmidt, Trevor) |
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Filing 18
ORDER granting #16 Motion for Extension of Time to Answer. Transpac, Inc. answer due 7/7/2014. Signed by Chief Judge James C. Dever III on 6/6/2014. (Sawyer, D.)
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| Filing 17 Proposed Order regarding #16 Consent MOTION for Extension of Time to File Answer to Complaint filed by Transpac, Inc.. (Schmidt, Trevor) |
| Filing 16 Consent MOTION for Extension of Time to File Answer to Complaint by Transpac, Inc.. (Schmidt, Trevor) |
| MOTION SUBMITTED to Chief Judge James C. Dever III: #16 Second Motion for Extension of Time to File Answer to Complaint. (Sawyer, D.) |
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Filing 15
ORDER granting #9 Motion for Protective Order. Signed by US Magistrate Judge James E. Gates on 5/16/2014. (Sawyer, D.)
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Filing 14
ORDER REFERRING MOTION to US Magistrate Judge James E. Gates : #9 Consent Motion for Protective Order Re Handling of Confidential Information. Signed by Chief Judge James C. Dever III on 5/8/2014. (Sawyer, D.)
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| TEXT ORDER granting defendant's #11 motion for extension of time. Defendant Transpac, Inc. has through and including June 6, 2014 to answer or otherwise respond to plaintiffs' complaint. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 5/8/2014. (Skinner, J.) |
| MOTION REFERRED to Julie A. Richards, Clerk of Court : #11 Consent Motion for Extension of Time to File Answer. (Sawyer, D.) |
| MOTION SUBMITTED to Chief Judge James C. Dever III: #9 Consent Motion for Protective Order Re Handling of Confidential Information. (Sawyer, D.) |
| Filing 13 NOTICE of Appearance by Trevor P. Schmidt on behalf of All Defendants (Schmidt, Trevor) |
| Filing 12 Proposed Order regarding #11 Consent MOTION for Extension of Time to File Answer by Transpac, Inc.. (Wood, W.) |
| Filing 11 Consent MOTION for Extension of Time to File Answer by Transpac, Inc.. (Wood, W.) |
| Filing 10 Memorandum in Support regarding #9 Consent MOTION for Protective Order Re Handling of Confidential Information filed by Transpac, Inc.. (Wood, W.) |
| Filing 9 Consent MOTION for Protective Order Re Handling of Confidential Information by Transpac, Inc.. (Attachments: #1 Exhibit Proposed Consent Protective Order) (Wood, W.) |
| Filing 8 FINANCIAL DISCLOSURE STATEMENT by Transpac, Inc. identifying Corporate Parent Transpac Holding Co. for Transpac, Inc... (Wood, W.) |
| Filing 7 NOTICE of Appearance by W. Swain Wood on behalf of All Defendants (Wood, W.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.) |
| Filing 6 SUMMONS ISSUED as to Transpac, Inc. Counsel should print summons and effect service. (Sawyer, D.) |
| Filing 5 COPYRIGHT REPORT: Copy of report and complaint forwarded to the Register of Copyrights in Washington, DC via first class mail. (Moore, L.) |
| Filing 4 FINANCIAL DISCLOSURE STATEMENT by Noelle, LLC (Biller, Anthony) |
| Filing 3 FINANCIAL DISCLOSURE STATEMENT by Ganz U.S.A., LLC (Biller, Anthony) |
| Filing 2 NOTICE of Appearance by Anthony J. Biller on behalf of Ganz U.S.A., LLC, Noelle, LLC (Biller, Anthony) |
| Filing 1 COMPLAINT against Transpac, Inc. dba Transpac Imports Inc. ( Filing fee $ 400 receipt number 0417-2814521.), filed by Ganz U.S.A., LLC, Noelle, LLC. (Attachments: #1 Exhibit A - Reg. VA 1-743-072, #2 Exhibit B - Reg. VA 1-743-066, #3 Exhibit C - Reg. VAu 1-117-953, #4 Exhibit D - Reg. VAu 1-117-956, #5 Exhibit E - Reg. VA 1-739-705, #6 Exhibit F - Reg. VA 1-841-655, #7 Exhibit G - Reg. VAu 1-117-954, #8 Exhibit H - Reg. VA 1-743-070, #9 Exhibit I - Copyright Assignment, #10 Exhibit J - Hallmark Catalog Excerpts, #11 Exhibit K - Transpac Catalog Excerpts, #12 Civil Cover Sheet, #13 Proposed Summons) (Biller, Anthony) |
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