HeartBrand Holdings, Inc. et al v. Whitmer III et al
| American Akaushi Association, Inc. and HeartBrand Holdings, Inc. |
| Whitmer Cattle Co., Grant Whitmer III, WagyuRanch.Com, Grant Whitmer, III, Grant Whitmer, III doing business as Whitmer Cattle Co. doing business as WagyuRanch.Com, Grant Whitmer, III doing business as WagyuRanch.Com doing business as Whitmer Cattle Co. and Grant Whitmer, II doing business as Whitmer Cattle Co. |
| 5:2019cv00358 |
| April 5, 2019 |
| US District Court for the Western District of Texas |
| Henry J Bemporad |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 14, 2021. A more recent docket listing may be available from PACER.
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Filing 77
Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (wg)
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Filing 76
FINAL JUDGMENT & PERMANENT INJUNCTION, This Judgment disposes of all claims and is final and in all things enforceable. It is Ordered that Deft. pay the Plaintiff $101,155, plus court costs of $4,214, for a total of $105,369.00 and post Judgment Interest. Deft. is enjoined for using the term or phrase CERTIFIED AKAUSHI BEEF, or any other confusingly similar variation with the sale, advertisement, or promotion of cattle, cattle products, or beef. It is finally Ordered that any motions pending before the court are Dismissed as Moot, and this case is CLOSED. Signed by Judge Henry J. Bemporad. (wg)
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Filing 75
ORDER GRANTING #71 Motion for Summary Judgment Signed by Judge Henry J. Bemporad. (mgr)
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Filing 74
PLAINTIFF'S REPLY to Response to Motion, filed by American Akaushi Association, Inc., HeartBrand Holdings, Inc., re #71 MOTION for Summary Judgment filed by Plaintiff HeartBrand Holdings, Inc., Plaintiff American Akaushi Association, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lee, Ted)
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Filing 73
Defendants Answer in Opposition to Plaintiffs Motion for Summary Judgment, filed by Grant Whitmer, III, re #71 MOTION for Summary Judgment filed by Plaintiff HeartBrand Holdings, Inc., Plaintiff American Akaushi Association, Inc. (mgr)
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Filing 72
ORDER that the Court extends the Defendant's deadline for responding to the Motion for Summary Judgment to December 30, 2020, and Plaintiff's reply deadline is extended to January 13, 2021 re #70 Order. Signed by Judge Henry J. Bemporad. (wg) Modified text on 11/25/2020 (wg).
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Filing 71
MOTION for Summary Judgment by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Attachments: #1 Exhibit A - Beeman Declaration, #2 Exhibit B - Whitmer Depo Excerpts, #3 Exhibit C - Williams Deposition, #4 Exhibit D - Cunningham Report, #5 Exhibit E - Lee Declaration)(Lee, Ted)
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Filing 70
ORDER DENYING WITHOUT PREJUDICE re #55 MOTION for Default Judgment against Defendant filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc., It is further Ordered that Plaintiff's must file any Motion for Summary on or before 10/30/2020, and the defendant must respond on or before November 30, 2020. Signed by Judge Henry J. Bemporad. (wg)
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Filing 69
Minute Entry for proceedings held before Judge Henry J. Bemporad: The Court denies Motion for Default Judgment (Dkt#55) withoutprejudice and give Mr. Whitmer 30 days to respond. Order forthcoming. Recess.Status Conference held on 9/29/2020 (Minute entry documents are not available electronically.). (Court Reporter FTR-Gold.)(wg)
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Filing 67
ORDER SETTING, ( Status Conference Via Video set for 9/29/2020 02:00 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (wg)
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Filing 66
DEFTS. PRO-SE ANSWER to #60 Amended Complaint by Grant Whitmer, III. (wg)
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Remark: Defts. Answer has New Address listed, Updated Current Address to Show New Address listed on Pleading. (wg)
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Filing 65
ORDER OF PRELIMINARY INJUNCTION as to Grant Whitmer, III. Signed by Judge Henry J. Bemporad. (mgr)
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Filing 64
Plaintiff's Proposed Preliminary Injunction Order by American Akaushi Association, Inc., HeartBrand Holdings, Inc. (Attachments: #1 Exhibit I Proposed Preliminary Injunction)(Lee, Ted) Modified on 7/27/2020 (rg).
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Filing 68
Minute Entry for proceedings held before Judge Henry J. Bemporad: The Court Grants in Part/Held in Abeyance in Part as to Motion for Default Judgment(Dkt#55). Order forthcoming. RecessMotion Hearing held on 7/20/2020 re #55 MOTION for Default Judgment against Defendant filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc. (Minute entry documents are not available electronically.). (Court Reporter FTR-Gold.)(wg)
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Filing 62
ORDER GRANTING IN PART/HELD IN ABEYANCE IN PART re #55 MOTION for Default Judgment against Defendant filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc.,. Signed by Judge Henry J. Bemporad. (wg)
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Filing 61
ORDER SETTING HEARING VIA VIDEO re #55 MOTION for Default Judgment against Defendant filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc., ( Motion Hearing Via Video set for 7/20/2020 02:30 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (Attachments: #1 Exhibit Order)(wg)
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Filing 60
3rd AMENDED COMPLAINT against Grant Whitmer, III amending #41 Amended Complaint., filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc..(wg)
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Filing 59
ORDER GRANTING #58 Motion for Leave to File Third Amended Complaint. Signed by Judge Henry J. Bemporad. (wg)
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Filing 58
MOTION for Leave to File Plaintiffs' Third Amended Original Complaint by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Attachments: #1 Exhibit 1-4, #2 Proposed Order)(Lee, Ted)
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Filing 57
Certified Mail Receipt of #56 Order,,, Terminate Deadlines and Hearings,,, Set Motion Hearings,, #55 MOTION for Default Judgment against Defendant (wg)
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Filing 56
ORDER SETTING MOTION HEARING & TERMINATING PRETRIAL CONFERENCE & JURY TRIAL re #23 Order, Set Deadlines/Hearings, Set Motion Hearing for #23 Order,,, Set Deadlines/Hearings,, #55 MOTION for Default Judgment against Defendant ( Motion Hearing set for 7/20/2020 02:30 PM before Judge Henry J. Bemporad,) The Clerk is directed to send a copy of this Order & a Copy of Plaintiff's Motion for Default Judgment, via Certified mail to Pro-Se Defendant. Signed by Judge Henry J. Bemporad. (wg)
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Text Order GRANTING #45 Motion to Strike entered by Judge Henry J. Bemporad. Defendant's designation of expert witnesses is STRICKEN in light of the entry of default in this case. This ruling is subject to reconsideration if default is later set aside.(This is a text-only entry generated by the court. There is no document associated with this entry.) (HJB)
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Filing 55
MOTION for Default Judgment against Defendant by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Attachments: #1 Exhibit 1 Affidavit of Ted D. Lee, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order Default Judgment)(Lee, Ted)
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Filing 54
Certified Mail Receipt of #52 Order, (wg)
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Filing 53
Clerk's ENTRY OF DEFAULT as to Grant Whitmer, III (wg)
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Filing 52
ORDER that the Clerk shall enter a Clerk Default on Mr. Grant Whitmer, III; It is further Ordered that on or before May 8, 2020, Plaintiff shall seek default Judgment Defendant, should defendant seek to set aside the default, he must do so on or before May 8, 2020. The Clerk is directed to send a copy of this Order Via Certified Mail to Defendant Grant Whitmer, III. Signed by Judge Henry J. Bemporad. (wg)
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Notice of Correction: Notice of Inquiry filed in Error as a Motion, Mtn. termed, and Text Edited re #51 MOTION Inquiry as to Status re #49 Advisory to the Court, Remark (No Doc#), #50 Order,, Terminate Motions,. (wg)
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Filing 51
Plaintiff's Inquiry as to Status re #49 Advisory to the Court, Remark (No Doc#), #50 Order,, Terminate Motions, by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Lee, Ted) Modified text on 3/17/2020 (wg).
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Filing 50
ORDER GRANTING re #43 MOTION to Withdraw as Attorney filed by Grant Whitmer, III, It is Further Ordered that Defendant Grant Whitmer, III d/b/a Whitmer Cattle Co. must file an Advisory to the Court on or before March 9, 2020 informing the Court if he is going to hire an Attorney or proceed Pro-Se. The U.S. Clerk shall send a copy of this Order, and Doc #43 & 49 to the Address & E-mail Address provided by his attorney. Signed by Judge Henry J. Bemporad. (wg)
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Filing 49
ADVISORY TO THE COURT by Grant Whitmer, III. (Leavitt, Brandon)
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Remark: Copies of Docs #43, 49 & 50 were sent via e-mail, and regular mail to Mr. Whitmire's address and e-mail provided by his previous attorney. (wg)
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Filing 48
ORDER HELD IN ABEYANCE #43 Motion to Withdraw as Attorney. ; HELD IN ABEYANCE #45 Motion to Strike. On or before February 11, 2020, attorney Leavitt must file an advisory with the Court providing physical address, e-mail address & telephone number for Defendant Grant Whitmer, III. Signed by Judge Henry J. Bemporad. (wg)
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Filing 47
Minute Entry for proceedings held before Judge Henry J. Bemporad: Motion Hearing held on 2/4/2020 re HELD IN ABEYANCE #43 MOTION to Withdraw as Attorney filed by Grant Whitmer, III, HELD IN ABEYANCE #45 MOTION to Strike filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc., Written Order Forthcoming (Minute entry documents are not available electronically.) (Court Reporter FTR-Gold.)(wg)
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Filing 46
ORDER re #45 MOTION to Strike filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc., Set Motion Hearing for #45 MOTION to Strike ( Motion Hearing set for 2/4/2020 02:30 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (wg)
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Filing 45
Motion to Strike Testifying Experts: Plaintiffs' Objection to "Defendant's Designation of... Testifying Experts..." by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Lee, Ted) Modified event & text on 1/15/2020 (wg).
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Filing 44
ORDER SETTING MOTION HEARING re #43 MOTION to Withdraw as Attorney filed by Grant Whitmer, III, ( Motion Hearing set for 2/4/2020 02:30 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (wg)
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Filing 43
MOTION to Withdraw as Attorney by Grant Whitmer, III. (Attachments: #1 Proposed Order)(Leavitt, Brandon)
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Filing 42
PLAINTIFF'S WITNESS/EXHIBIT/EXPERT LIST by American Akaushi Association, Inc. . (Cook, Brandon)
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Filing 41
SECOND AMENDED COMPLAINT against Grant Whitmer, III amending #33 Amended Complaint, #1 Complaint,., filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc..(rf)
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Filing 40
ORDER GRANTING #39 Motion for Leave to File Second Amended Complaint. Signed by Judge Henry J. Bemporad. (rf)
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Filing 39
MOTION for Leave to File Plaintiffs' Second Amended Complaint by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit Redline version of Proposed Second Amended Complaint, #3 Proposed Order)(Cook, Brandon)
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Filing 38
ADR Report Filed - Joint by American Akaushi Association, Inc., HeartBrand Holdings, Inc.(Lee, Ted)
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Filing 37
NOTICE, Designation of Expert Witnesses by Grant Whitmer, II (Leavitt, Brandon)
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Filing 36
ORDER GRANTING re #35 Joint MOTION For Entry of Injunction and Dismissal filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc., It is Ordered that all claims brought in this proceeding against Whitmer II are hereby DISMISSED WITHOUT PREJUDICE. It is Further Ordered that the case will proceed with regard to all Plaintiff's Claims against Grant Whitmer, III d/b/a wagyuranch.com., Signed by Judge Henry J. Bemporad. (wg)
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Filing 35
Joint MOTION For Entry of Injunction and Dismissal by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Attachments: #1 Exhibit Proposed Order)(Lee, Ted)
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Filing 34
ADVISORY TO THE COURT by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Lee, Ted)
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Filing 33
AMENDED COMPLAINT against Grant Whitmer, III, Grant Whitmer, II amending #1 Complaint,., filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc..(wg)
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Filing 32
ORDER GRANTING IN PART AND DENYING IN PART #24 Motion for Leave to File Plaintiffs First Amended Complaint. Service and proceedings are hereby STAYED for Deft. Grant Whitmer, II d/b/a Whitmer Cattle Co., Signed by Judge Henry J. Bemporad. (wg)
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Filing 31
Minute Entry for proceedings held before Judge Henry J. Bemporad: Motion Granted in Part, Written Order forthcoming.Motion Hearing held on 9/19/2019 re #24 MOTION for Leave to File Plaintiffs' First Amended Original Complaint filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc. (Minute entry documents are not available electronically.). (Court Reporter FTR-Gold.)(wg)
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Filing 30
NOTICE Joint Notice to the Court by HeartBrand Holdings, Inc. (Attachments: #1 Exhibit Report of Mediation Completed)(Lee, Ted)
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Filing 29
ORDER GRANTING re #28 Unopposed MOTION to Continue Hearing filed by Grant Whitmer, III, ( Motion Hearing Re-set for 9/19/2019 03:30 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (wg)
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Filing 28
Unopposed MOTION to Continue Hearing by Grant Whitmer, III. (Leavitt, Brandon)
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Filing 27
PLAINTIFF'S RESPONSE in Support, filed by American Akaushi Association, Inc., HeartBrand Holdings, Inc., re #24 MOTION for Leave to File Plaintiffs' First Amended Original Complaint filed by Plaintiff HeartBrand Holdings, Inc., Plaintiff American Akaushi Association, Inc. (Lee, Ted)
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Filing 26
ORDER SETTING HEARING re #24 MOTION for Leave to File Plaintiffs' First Amended Original Complaint filed by HeartBrand Holdings, Inc., American Akaushi Association, Inc., ( Motion Hearing set for 9/13/2019 02:30 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (wg)
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Filing 25
Defendant's Response in Opposition to Motion, filed by Grant Whitmer, III, re #24 MOTION for Leave to File Plaintiffs' First Amended Original Complaint filed by Plaintiff HeartBrand Holdings, Inc., Plaintiff American Akaushi Association, Inc. (Attachments: #1 Affidavit)(Leavitt, Brandon)
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Filing 24
MOTION for Leave to File Plaintiffs' First Amended Original Complaint by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Lee, Ted)
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Filing 23
SCHEDULING ORDER, ( ADR Mediation Completed by 4/15/2020,, ADR Report Deadline due by 11/4/2019,, Amended Pleadings due by 11/4/2019,, Discovery due by 3/31/2020,, Joinder of Parties due by 11/4/2019,, Motions due by 4/30/2020,, Jury Selection set for 7/27/2020 02:30PM before Judge Henry J. Bemporad,, Jury Trial set for 7/27/2020 02:30 PM before Judge Henry J. Bemporad,, Pretrial Conference set for 7/20/2020 02:30 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (wg)
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Filing 22
CONFIDENTIALITY AND PROTECTIVE ORDER re #21 Pretrial Conference. Signed by Judge Henry J. Bemporad. (wg)
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Filing 21
Minute Entry for proceedings held before Judge Henry J. Bemporad: Pretrial Conference held on 8/14/2019 (Minute entry documents are not available electronically.). (Court Reporter FTR-Gold.)(wg)
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Filing 20
ORDER GRANTING re #19 Unopposed MOTION to Continue filed by Grant Whitmer, III, ( Scheduling Conference Re-set for 8/14/2019 02:00 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (wg)
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Filing 19
Unopposed MOTION to Continue by Grant Whitmer, III. (Attachments: #1 Proposed Order)(Leavitt, Brandon)
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Filing 18
ORDER, ( Scheduling Conference set for 7/31/2019 02:00 PM before Judge Henry J. Bemporad,). Signed by Judge Henry J. Bemporad. (wg)
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Filing 17
ORDER REASSIGNING CASE. Case reassigned to Judge Henry J. Bemporad for all proceedings. Judge Xavier Rodriguez no longer assigned to case. Signed by Judge Xavier Rodriguez. (rf)
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Filing 16
CONSENT to Trial by US Magistrate Judge by Grant Whitmer, III. (Leavitt, Brandon)
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Filing 15
Rule 26(f) Discovery Report/Case Management Plan by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Lee, Ted)
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Filing 14
Scheduling Recommendations by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Lee, Ted)
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Filing 13
CONSENT to Trial by US Magistrate Judge by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Lee, Ted)
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Filing 12
RULE 7 DISCLOSURE STATEMENT filed by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Lee, Ted)
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Filing 11
ORDER AND ADVISORY for Scheduling Recommendations/Proposed Scheduling Order. Plantiff shall submit agreed scheduling recommendations/proposed scheduling order to the Court.(Scheduling Recommendations/Proposed Schedule Order due July 3, 2019); Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Xavier Rodriguez.(jhw)
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Filing 10
ANSWER to #1 Complaint, by Grant Whitmer, III.(Leavitt, Brandon)
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Filing 9
Unopposed MOTION for Extension of Time to File Answer by Grant Whitmer, III. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Leavitt, Brandon)
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Text Order GRANTING #9 Unopposed Motion for Extension of Time to Answer entered by Judge Xavier Rodriguez. The Court's prior order (docket no. 6) directing Plaintiffs to move for entry of default and default judgment is vacated. In the future, the parties should advise the Court of any agreements to extend the answer deadline and seek leave from the Court to extend the deadline accordingly. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
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Filing 8
Pro Hac Vice Fee Paid by Brandon J. Leavitt; Filing fee $ 100.00, receipt number 500049438. (wg)
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Filing 7
MOTION to Appear Pro Hac Vice by (Brandon J. Leavitt) on behalf of Grant Whitmer, III. (wg)
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Text Order GRANTING #7 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)
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Filing 6
****VACATED PER GAVEL ORDER ****ORDER that Plaintiffs move for entry of default and default judgment no later than June 28, 2019 or show cause why they should not be required to do so. Signed by Judge Xavier Rodriguez. (aej) Modified on 6/4/2019 (wg).
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Filing 5
SUMMONS Returned Executed by HeartBrand Holdings, Inc.. Grant Whitmer, III served on 4/10/2019, answer due 5/1/2019. (Lee, Ted)
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Filing 4
Summons Issued as to WagyuRanch.Com, Whitmer Cattle Co., Grant Whitmer III. (wg)
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Filing 3
Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (wg)
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Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (wg)
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If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (wg)
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Filing 2
REQUEST FOR ISSUANCE OF SUMMONS by American Akaushi Association, Inc., HeartBrand Holdings, Inc.. (Lee, Ted)
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Filing 1
COMPLAINT ( Filing fee $ 400 receipt number 0542-11970580), filed by HeartBrand Holdings, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-D, #3 Exhibit E-F, #4 Exhibit G-H, #5 Exhibit I-J, #6 Exhibit K-L, #7 Exhibit M-N)(Lee, Ted)
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