TWENTY-SIX DESIGNS, LLC v. GUNTERSVILLE BREATHABLES, INC.
| Guntersville Breathables Inc |
| Twenty-Six Designs LLC |
| 4:2023cv00153 |
| February 7, 2023 |
| U.S. District Court for the Northern District of Alabama |
| Corey L Maze |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on April 6, 2023. A more recent docket listing may be available from PACER.
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Filing 65
TEXT ORDER GRANTING motion to withdraw as attorney (doc. #60 ). The court DIRECTS the Clerk of Court to terminate Leah Kelman as an attorney of record for Plaintiff. Signed by Judge Corey L Maze on 4/6/2023. (KSS)
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Filing 64
SCHEDULING ORDER: certain time limits apply as set out int his order; Claim Construction Hearing set for July 7, 2023 at 1:30 p.m. in Anniston. Signed by Judge Corey L Maze on 3/16/2023. Associated Cases: 4:22-cv-01395-CLM, 4:23-cv-00153-CLM(KAM)
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| Filing 63 REPORT of Rule 26(f) Planning Meeting. Associated Cases: 4:22-cv-01395-CLM, 4:23-cv-00153-CLM(Chatterton, Marcus) |
| Filing 62 NOTICE OF CONSOLIDATION The above-styled civil actions have been consolidated. Please use the above case style on all subsequent pleadings. Please electronically file all future pleadings in the LEAD CASE number 4:22-cv-1395-CLM. The electronic system will automatically add the entry in the member case. (KSS) |
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Filing 61
ORDER The court GRANTS the #59 Motion to Consolidate Cases. The court DIRECTS the Clerk to CONSOLIDATE Case 4:22-cv-1395-CLM and case no. 4:23-cv-153-CLM. The parties shall submit a joint Rule 26(f) report for the consolidated action no later than March 10, 2023.. Signed by Judge Corey L Maze on 3/1/2023. Associated Cases: 4:22-cv-01395-CLM, 4:23-cv-00153-CLM(KSS)
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| Filing 60 MOTION to Withdraw as Attorney on behalf of Leah Kelman by Twenty-Six Designs LLC. (Dawkins, James) |
| Filing 59 Joint MOTION to Consolidate Cases by Guntersville Breathables Inc. (Browning, Charles) |
| Filing 58 NOTICE of Appearance by James T. Dawkins, IV on behalf of Twenty-Six Designs LLC (Dawkins, James) |
| Filing 57 NOTICE of Appearance by Marcus R Chatterton on behalf of Twenty-Six Designs LLC (Chatterton, Marcus) |
| Filing 56 Case transferred in from District of New Jersey; Case Number 2:21-cv-20293. Original file certified copy of transfer order and docket sheet received. |
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Filing 55
STIPULATION and CONSENT ORDER transferring case to the United States District Court for the Northern District of Alabama. Signed by Magistrate Judge Michael A. Hammer on 2/5/2023. (dam) [Transferred from New Jersey on 2/7/2023.]
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Filing 54
PROTECTIVE ORDER. Signed by Magistrate Judge Michael A. Hammer on 2/6/2023. (dam) [Transferred from New Jersey on 2/7/2023.]
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| ***Civil Case Terminated. (dam) [Transferred from New Jersey on 2/7/2023.] |
| Filing 53 Letter from James P. Flynn. (Attachments: #1 Text of Proposed Order)(FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference held on 1/13/2023. (jqb, ) [Transferred from New Jersey on 2/7/2023.] |
| Filing 52 Letter from James P. Flynn. (Attachments: #1 Text of Proposed Order) (FLYNN, JAMES) Modified on 1/18/2023 (dam). [Transferred from New Jersey on 2/7/2023.] |
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Filing 51
TEXT ORDER: As discussed during the January 13, 2023 status conference, any motion to transfer venue pursuant to 28 U.S.C. section 1404(a) shall be filed by February 6, 2023. Any opposition shall be filed by February 27, 2023. Any reply shall be filed by March 13, 2023. All motion papers shall comply with Local Civil Rules 7.1 and 7.2. So Ordered by Magistrate Judge Michael A. Hammer on 1/13/2023. (Hammer, Michael) [Transferred from New Jersey on 2/7/2023.]
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| Filing 50 AMENDED DOCUMENT by GUNTERSVILLE BREATHABLES, INC. Amendment to #49 Letter. (Attachments: #1 Text of Proposed Order) (FLYNN, JAMES) Modified on 1/18/2023 (dam). [Transferred from New Jersey on 2/7/2023.] |
| Filing 49 Letter from James P. Flynn. (Attachments: #1 Text of Proposed Order) (FLYNN, JAMES) Modified on 1/18/2023 (dam). [Transferred from New Jersey on 2/7/2023.] |
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Filing 48
TEXT ORDER: The Court will address the parties' letters, D.E. 45 & 47, at the January 13, 2023 telephonic status conference. So Ordered by Magistrate Judge Michael A. Hammer on 12/9/22. (tad) [Transferred from New Jersey on 2/7/2023.]
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| Filing 47 Letter from Kieran G. Doyle re #45 Letter. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Filing 46 Exhibit to #45 Letter from James P. Flynn by GUNTERSVILLE BREATHABLES, INC.. (FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
| Filing 45 Letter from James P. Flynn. (FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
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Filing 44
TEXT ORDER: The Telephone Status Conference on 11/29/2022 is adjourned to 1/13/2023 at 2:00 p.m. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. So Ordered by Magistrate Judge Michael A. Hammer on 11/15/2022. (jqb, ) [Transferred from New Jersey on 2/7/2023.]
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| Filing 43 Letter from Kieran G. Doyle. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
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Filing 42
ORDER granting #40 Plaintiff's Motion to Amend. Plaintiff shall file its Second Amended Complaint on or by 10/31/2022. Signed by Magistrate Judge Michael A. Hammer on 10/12/2022. (dam) [Transferred from New Jersey on 2/7/2023.]
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| Filing 41 Letter from Defendant's Counsel re #40 MOTION for Leave to File Second Amended Complaint. (FLYNN, JAMES) Modified on 10/5/2022 (dam). [Transferred from New Jersey on 2/7/2023.] |
| Set Deadlines as to #40 MOTION for Leave to File Second Amended Complaint. Motion set for 10/17/2022 before Magistrate Judge Michael A. Hammer. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam) [Transferred from New Jersey on 2/7/2023.] |
| Filing 40 MOTION for Leave to File Second Amended Complaint by TWENTY-SIX DESIGNS, LLC. (Attachments: #1 Brief, #2 Declaration, #3 Exhibit 1 - redline, #4 Text of Proposed Order, #5 Certificate of Service)(KELMAN, LEAH) [Transferred from New Jersey on 2/7/2023.] |
| Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Scheduling Conference held on 8/22/2022. (jqb, ) [Transferred from New Jersey on 2/7/2023.] |
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Filing 39
PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Michael A. Hammer on 8/22/2022. (wh) [Transferred from New Jersey on 2/7/2023.]
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| Filing 38 NOTICE of Appearance by LEAH KELMAN on behalf of TWENTY-SIX DESIGNS, LLC (KELMAN, LEAH) [Transferred from New Jersey on 2/7/2023.] |
| Filing 37 Joint Discovery Plan by TWENTY-SIX DESIGNS, LLC.(ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Filing 36 STATUS REPORT by TWENTY-SIX DESIGNS, LLC. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Filing 35 ANSWER to Counterclaim by TWENTY-SIX DESIGNS, LLC.(ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
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Filing 34
TEXT ORDER: This matter was recently reassigned to Judge Padin. Within 14 days, the parties shall confer and file a concise joint letter: (1) providing a brief summary of the claims and defenses; and (2) advising the Court of the status of discovery, any pending motions, settlement discussions (including whether the parties are interested in a settlement conference), and any other issues to be addressed. So Ordered by Judge Evelyn Padin on 7/8/22. (sms2) [Transferred from New Jersey on 2/7/2023.]
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Filing 33
TEXT ORDER: Telephone Scheduling Conference set for 8/22/2022 at 3:30 p.m. The Parties will dial 1-888-684-8852 and access code 1456817# to join the conference. The Parties shall electronically file a joint discovery plan by 8/18/2022. Please mark your calendar accordingly.. So Ordered by Magistrate Judge Michael A. Hammer on 6/30/2022. (jqb, ) [Transferred from New Jersey on 2/7/2023.]
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| Filing 32 Defendant/Counterclaimant's ANSWER to Amended Complaint of Plaintiff/Counterdefendant, COUNTERCLAIM against TWENTY-SIX DESIGNS, LLC by GUNTERSVILLE BREATHABLES, INC..(FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
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Filing 31
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Evelyn Padin for all further proceedings. Judge Madeline Cox Arleo no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 6/28/2022. (krg, ) [Transferred from New Jersey on 2/7/2023.]
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| Pro Hac Vice counsel, J. WALTON JACKSON and C. BRANDON BROWNING, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dam) [Transferred from New Jersey on 2/7/2023.] |
| Filing 30 AMENDED COMPLAINT against GUNTERSVILLE BREATHABLES, INC., filed by TWENTY-SIX DESIGNS, LLC.(ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Filing 29 Notice of Request by Pro Hac Vice J. Walton Jackson to receive Notices of Electronic Filings. (FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
| Filing 28 Notice of Request by Pro Hac Vice C. Brandon Browning to receive Notices of Electronic Filings. (FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
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Filing 27
LETTER ORDER withdrawing #18 Defendant's MOTION to Dismiss. A deadline of 6/21/2022 is set for Plaintiff to amend its Complaint and a deadline of 7/1/2022 is set for Defendant to answer or otherwise respond to Plaintiff's Amended Complaint. Signed by Magistrate Judge Michael A. Hammer on 6/13/2022. (wh) (Main Document 27 replaced on 6/13/2022) (wh, ). [Transferred from New Jersey on 2/7/2023.]
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| Filing 26 Letter from Defendant's Counsel re #18 MOTION to Dismiss Or, in the Alternative, Motion to Transfer. (FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
| Filing 25 Letter from Kieran G. Doyle. (Attachments: #1 Order of the USDC-Northern District Alabama)(ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Pro Hac Vice fee received as to Joseph Walton Jackson and Brandon Browning $ 300, receipt number TRE125279 (jal) [Transferred from New Jersey on 2/7/2023.] |
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Filing 24
ORDER granting #23 Motion for Leave to Appear Pro Hac Vice as to Joseph Walton Jackson and Charles Brandon Browning. etc. Signed by Magistrate Judge Michael A. Hammer on 2/25/2022. (ams, ) [Transferred from New Jersey on 2/7/2023.]
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| Filing 23 MOTION for Leave to Appear Pro Hac Vice by GUNTERSVILLE BREATHABLES, INC.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Certification Certification of J. Flynn, #3 Certification Certification of J. Jackson, #4 Certification Certification of C. Browning)(FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
| Set Deadlines as to #23 MOTION for Leave to Appear Pro Hac Vice . Motion set for 3/21/2022 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ams, ) [Transferred from New Jersey on 2/7/2023.] |
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Filing 22
ORDER granting #20 Letter requesting an extension of time until 2/17/2022 for Defendant to file its reply brief. Signed by Judge Madeline Cox Arleo on 2/17/2022. (ams, ) [Transferred from New Jersey on 2/7/2023.]
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| Filing 21 REPLY to Response to Motion filed by GUNTERSVILLE BREATHABLES, INC. re #18 MOTION to Dismiss Or, in the Alternative, Motion to Transfer (Attachments: #1 Supplemental Declaration of James P. Flynn)(FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
| Filing 20 Letter re #18 MOTION to Dismiss Or, in the Alternative, Motion to Transfer. (FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
| Filing 19 BRIEF in Opposition filed by TWENTY-SIX DESIGNS, LLC re #18 MOTION to Dismiss Or, in the Alternative, Motion to Transfer (Attachments: #1 Declaration Doyle Declaration re Opposition to Guntersville Motion to Dismiss)(ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Set Deadlines as to #18 MOTION to Dismiss Or, in the Alternative, Motion to Transfer. Motion set for 2/22/2022 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ams, ) [Transferred from New Jersey on 2/7/2023.] |
| Filing 18 MOTION to Dismiss Or, in the Alternative, Motion to Transfer by GUNTERSVILLE BREATHABLES, INC.. Responses due by 2/8/2022 (Attachments: #1 Brief Brief In Support of Motion, #2 Declaration Declaration of J. Flynn, #3 Text of Proposed Order Proposed Order)(FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
| Filing 17 Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by All Defendants. (FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
| Filing 16 NOTICE of Appearance by JAMES P. FLYNN on behalf of All Defendants (FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
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Filing 15
ORDER granting #14 Defendant's request for an extension of time to answer or otherwise respond to the compliant up to and including 1/26/2022. etc. Signed by Magistrate Judge Michael A. Hammer on 12/27/2021. (jd,) [Transferred from New Jersey on 2/7/2023.]
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| Pro Hac Vice fee received as to Kieran G. Doyle and Jeremy A. Berman as to $450, receipt number TRE123882 (jal, ) [Transferred from New Jersey on 2/7/2023.] |
| Filing 14 Letter from James P. Flynn, counsel for Defendant. (Attachments: #1 Text of Proposed Order Proposed Order Extending Time To Answer or Otherwise Respond)(FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.] |
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Filing 13
ORDER granting #11 Motion for Leave to Appear Pro Hac Vice as to Jeremy A. Berman. etc. Signed by Magistrate Judge Michael A. Hammer on 12/14/2021. (ams, ) [Transferred from New Jersey on 2/7/2023.]
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Filing 12
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice as to Kieran G. Doyle. etc. Signed by Magistrate Judge Michael A. Hammer on 12/14/2021. (ams, ) [Transferred from New Jersey on 2/7/2023.]
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| Filing 11 MOTION for Leave to Appear Pro Hac Vice Jeremy Berman by TWENTY-SIX DESIGNS, LLC. (Attachments: #1 Certification, #2 Text of Proposed Order, #3 Certificate of Service)(ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Kieran Doyle by TWENTY-SIX DESIGNS, LLC. (Attachments: #1 Certification, #2 Text of Proposed Order, #3 Certificate of Service)(ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Filing 9 SUMMONS Returned Executed by TWENTY-SIX DESIGNS, LLC. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Filing 8 SUMMONS Returned Executed by TWENTY-SIX DESIGNS, LLC. GUNTERSVILLE BREATHABLES, INC. served on 12/6/2021, answer due 12/27/2021. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Filing 7 SUMMONS ISSUED as to GUNTERSVILLE BREATHABLES, INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ams, ) [Transferred from New Jersey on 2/7/2023.] |
| Filing 6 AO120 Patent/Trademark Form filed. (Attachments: #1 Complaint and Exhibits) (ams, ) [Transferred from New Jersey on 2/7/2023.] |
| Filing 5 Exhibit to #1 Complaint AO 120 Case Opening by TWENTY-SIX DESIGNS, LLC. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Filing 4 Corporate Disclosure Statement by TWENTY-SIX DESIGNS, LLC identifying Twenty-Six Designs as Corporate Parent.. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Filing 3 Request for Summons to be Issued by TWENTY-SIX DESIGNS, LLC as to TWENTY-SIX DESIGNS, LLC. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.] |
| Filing 2 Exhibit (Civil Cover Sheet) to #1 Complaint by TWENTY-SIX DESIGNS, LLC. (ERICKSON, CLARENCE). [Transferred from New Jersey on 2/7/2023.] |
| Filing 1 COMPLAINT against GUNTERSVILLE BREATHABLES, INC. ( Filing and Admin fee $ 402 receipt number ANJDC-13015488) with JURY DEMAND, filed by Twenty-Six Designs, LLC.(ERICKSON, CLARENCE). [Transferred from New Jersey on 2/7/2023.] |
| Case assigned to Judge Madeline Cox Arleo and Magistrate Judge Michael A. Hammer. (jr) [Transferred from New Jersey on 2/7/2023.] |
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