ThermoLife International LLC v. Gaspari Nutrition Incorporated et al

Plaintiff: ThermoLife International LLC
Defendant: Gaspari Nutrition Incorporated, Richard Gaspari, Daniel Pierce and Bruce Kneller
Case Number: 2:2011cv01056
Filed: May 26, 2011
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: Neil V Wake
Nature of Suit: Other Statutes: Commerce
Cause of Action: 15:1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
March 13, 2014 447 Opinion or Order of the Court ORDER that Gaspari Nutrition, Inc.'s Application for Attorneys' Fees (Doc. 405 ) is denied, ThermoLife's Motion for an Award of Attorneys' Fees and Non-Taxable Expenses Related to GNI's Counterclaims (Doc. 398 ) is denied, and Plaintiff's Application for Attorneys' Fees Related to Discovery Master's Award of Sanctions (Doc. 396 ) is denied. See Order for details. Signed by Judge Neil V. Wake on 03/13/2014. (NVW, mh)
January 10, 2014 391 Opinion or Order of the Court ORDER granting 178 Gaspari Nutrition, Inc.'s Motion to Exclude Portions of Response Report and Areas of Testimony of Dr. Thomas Sox. FURTHER ORDERED granting 181 Gaspari Nutrition, Inc.'s Motion to Exclude Survey, Report and Testimo ny of James T. Berger. FURTHER ORDERED granting 190 Plaintiff's Daubert Motion to Exclude the Expert Report, Response Report, and Testimony of Jim Prochnow. FURTHER ORDERED granting 201 Gaspari Nutrition, Inc.'s Motion to Exclude Certain Testimony and Opinions of Ron Epperson. FURTHER ORDERED granting 202 Gaspari Nutrition, Inc.'s Motion to Exclude Report and Testimony of Ryan Hornbuckle. FURTHER ORDERED granting 205 Plaintiff's Daubert Motion to Exclude th e Expert Report and Testimony of Stephen Clarke. FURTHER ORDERED granting 203 Gaspari Nutrition, Inc.'s Motion for Summary Judgment. FURTHER ORDERED granting 206 Motion for Summary Judgment on Gaspari Nutrition Inc.'s Counterclaims by ThermoLife International, LLC. FURTHER ORDERED denying 216 Plaintiff's Motion for Sanctions Due to Gaspari Nutrition Inc.'s Intentional Destruction of Evidence and GNI's Efforts to Conceal Its Wrongful Conduct. FURTHER ORDERE D denying as moot 267 Motion to Strike Declaration of Ted Willard and Portions of Reply That Rely on the Willard Declaration by Gaspari Nutrition, Inc. FURTHER ORDERED denying 355 ThermoLife's Motion for Sanctions Due to Defendant's F ailure to Produce Relevant Documents in Discovery. FURTHER ORDERED denying as moot 319 Gaspari Nutrition, Inc.'s Motion in Limine No. 1 to Exclude Certain FDA Statements. FURTHER ORDERED that the Clerk enter judgment against PlaintiffThermoL ife International, LLC, on its complaint and in favor of Defendant Gaspari Nutrition, Inc., and that Plaintiff take nothing. FURTHER ORDERED that the Clerk enter judgment against Counterclaimant Gaspari Nutrition, Inc., on its counterclaim and in favor of Counterdefendant ThermoLife International, LLC, and that Counterclaimant take nothing. The Clerk shall terminate this case. Signed by Judge Neil V Wake on 1/10/14.(MAP)
August 28, 2012 62 Opinion or Order of the Court ORDER: Plaintiff/Counterdefendant ThermoLife's 52 Motion to Dismiss Counterclaims is granted as to the claim for "use of illegal means" to constitute Gaspari's unfair competition claim, and otherwise denied. See order for complete details. Signed by Judge Neil V. Wake on 8/28/12. (NKS)
May 16, 2012 46 Opinion or Order of the Court ORDER: 39 Defendant's Motion to Dismiss Counts 1, 2, 3, 4, 5, 6, 7, 8, 9, and 11 of Plaintiff's First Amended Complaint is denied as to counts 1, 2, 3, 4, 5, 6, 7, 8, and 9, and granted as to count 11 to the extent Plaintiff alleges interference with business expectancy of relationships with consumers at the Mr. Olympia Weekend Expo. Count 11 is dismissed as directed in this Order without leave to amend. See order for complete details. Signed by Judge Neil V Wake on 5/16/12. (NKS)
December 16, 2011 34 Opinion or Order of the Court ORDER - IT IS THEREFORE ORDERED that Plaintiff's Request for Entry of Default Against Gaspari Nutrition, Inc. On Counts I, II, IV, and V (Doc. 14) is denied.IT IS FURTHER ORDERED that Defendants Motion to Dismiss Pursuant to Fed.R. Civ. P. Rule 9(b) and 12(b)(6) (Doc. 10) is granted. IT IS FURTHER ORDERED that Plaintiff may file an amended complaint by January 13, 2012. The Clerk is directed to terminate this case without further order if Plaintiff doesnot file an amended complaint by January 13, 2012. (See document for full details). Signed by Judge Neil V Wake on 12/16/11.(LAD)

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Plaintiff: ThermoLife International LLC
Represented By: Jenessa GB Coccaro
Represented By: Gregory Blain Collins
Represented By: Geoffrey S Kercsmar
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Defendant: Gaspari Nutrition Incorporated
Represented By: Robert J Itri
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Defendant: Richard Gaspari
Represented By: Robert J Itri
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Defendant: Daniel Pierce
Represented By: Robert J Itri
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Defendant: Bruce Kneller
Represented By: Robert J Itri
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