TWENTY-SIX DESIGNS, LLC v. GUNTERSVILLE BREATHABLES, INC.
Defendant: Guntersville Breathables Inc
Counter Defendant: Twenty-Six Designs LLC
Case Number: 4:2023cv00153
Filed: February 7, 2023
Court: US District Court for the Northern District of Alabama
Presiding Judge: Corey L Maze
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 6, 2023 Opinion or Order 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)
March 16, 2023 Opinion or Order 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)
March 10, 2023 Filing 63 REPORT of Rule 26(f) Planning Meeting. Associated Cases: 4:22-cv-01395-CLM, 4:23-cv-00153-CLM(Chatterton, Marcus)
March 1, 2023 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)
March 1, 2023 Opinion or Order 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)
February 21, 2023 Filing 60 MOTION to Withdraw as Attorney on behalf of Leah Kelman by Twenty-Six Designs LLC. (Dawkins, James)
February 17, 2023 Filing 59 Joint MOTION to Consolidate Cases by Guntersville Breathables Inc. (Browning, Charles)
February 14, 2023 Filing 58 NOTICE of Appearance by James T. Dawkins, IV on behalf of Twenty-Six Designs LLC (Dawkins, James)
February 14, 2023 Filing 57 NOTICE of Appearance by Marcus R Chatterton on behalf of Twenty-Six Designs LLC (Chatterton, Marcus)
February 7, 2023 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.
February 6, 2023 Opinion or Order 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.]
February 6, 2023 Opinion or Order Filing 54 PROTECTIVE ORDER. Signed by Magistrate Judge Michael A. Hammer on 2/6/2023. (dam) [Transferred from New Jersey on 2/7/2023.]
February 6, 2023 ***Civil Case Terminated. (dam) [Transferred from New Jersey on 2/7/2023.]
February 3, 2023 Filing 53 Letter from James P. Flynn. (Attachments: #1 Text of Proposed Order)(FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.]
January 13, 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.]
January 13, 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.]
January 13, 2023 Opinion or Order 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.]
January 13, 2023 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.]
January 13, 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.]
December 9, 2022 Opinion or Order 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.]
December 5, 2022 Filing 47 Letter from Kieran G. Doyle re #45 Letter. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.]
November 30, 2022 Filing 46 Exhibit to #45 Letter from James P. Flynn by GUNTERSVILLE BREATHABLES, INC.. (FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.]
November 30, 2022 Filing 45 Letter from James P. Flynn. (FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.]
November 15, 2022 Opinion or Order 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.]
October 31, 2022 Filing 43 Letter from Kieran G. Doyle. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.]
October 12, 2022 Opinion or Order 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.]
October 3, 2022 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.]
September 26, 2022 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.]
September 23, 2022 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.]
August 22, 2022 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.]
August 22, 2022 Opinion or Order 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.]
August 19, 2022 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.]
August 18, 2022 Filing 37 Joint Discovery Plan by TWENTY-SIX DESIGNS, LLC.(ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.]
July 22, 2022 Filing 36 STATUS REPORT by TWENTY-SIX DESIGNS, LLC. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.]
July 19, 2022 Filing 35 ANSWER to Counterclaim by TWENTY-SIX DESIGNS, LLC.(ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.]
July 8, 2022 Opinion or Order 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.]
June 30, 2022 Opinion or Order 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.]
June 29, 2022 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.]
June 28, 2022 Opinion or Order 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.]
June 21, 2022 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.]
June 17, 2022 Filing 30 AMENDED COMPLAINT against GUNTERSVILLE BREATHABLES, INC., filed by TWENTY-SIX DESIGNS, LLC.(ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.]
June 16, 2022 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.]
June 16, 2022 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.]
June 13, 2022 Opinion or Order 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.]
June 10, 2022 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.]
April 21, 2022 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.]
March 9, 2022 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.]
February 25, 2022 Opinion or Order 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.]
February 24, 2022 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.]
February 24, 2022 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.]
February 18, 2022 Opinion or Order 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.]
February 17, 2022 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.]
February 14, 2022 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.]
February 8, 2022 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.]
January 27, 2022 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.]
January 26, 2022 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.]
January 6, 2022 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.]
January 5, 2022 Filing 16 NOTICE of Appearance by JAMES P. FLYNN on behalf of All Defendants (FLYNN, JAMES) [Transferred from New Jersey on 2/7/2023.]
December 27, 2021 Opinion or Order 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.]
December 27, 2021 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.]
December 23, 2021 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.]
December 14, 2021 Opinion or Order 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.]
December 14, 2021 Opinion or Order 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.]
December 13, 2021 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.]
December 13, 2021 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.]
December 7, 2021 Filing 9 SUMMONS Returned Executed by TWENTY-SIX DESIGNS, LLC. (ERICKSON, CLARENCE) [Transferred from New Jersey on 2/7/2023.]
December 7, 2021 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.]
December 2, 2021 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.]
December 2, 2021 Filing 6 AO120 Patent/Trademark Form filed. (Attachments: #1 Complaint and Exhibits) (ams, ) [Transferred from New Jersey on 2/7/2023.]
December 1, 2021 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.]
December 1, 2021 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.]
December 1, 2021 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.]
December 1, 2021 Filing 2 Exhibit (Civil Cover Sheet) to #1 Complaint by TWENTY-SIX DESIGNS, LLC. (ERICKSON, CLARENCE). [Transferred from New Jersey on 2/7/2023.]
December 1, 2021 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.]
December 1, 2021 Case assigned to Judge Madeline Cox Arleo and Magistrate Judge Michael A. Hammer. (jr) [Transferred from New Jersey on 2/7/2023.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Alabama Northern District Court's Electronic Court Filings (ECF) System

Search for this case: TWENTY-SIX DESIGNS, LLC v. GUNTERSVILLE BREATHABLES, INC.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Twenty-Six Designs LLC
Represented By: CLARENCE JOHN ERICKSON
Represented By: LEAH KELMAN
Represented By: James T. Dawkins, IV
Represented By: Marcus R Chatterton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Guntersville Breathables Inc
Represented By: JAMES P. FLYNN
Represented By: Charles Brandon Browning
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?