Zekelman Industries Incorporated et al v. Marker et al
| Z-Modular LLC and Zekelman Industries Incorporated |
| GreenFeet Incorporated and Robert Wayne Marker |
| 2:2019cv02109 |
| March 29, 2019 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Property Rights: Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 29, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 44 Taxation Judgment in amount of $ 6,115.35 against Defendants. Signed by Chief Deputy Clerk Michael O'Brien on May 29, 2020. (NEC) |
| Disbursement made in accordance with #43 Order on Motion to Exonerate payable to Zekelman Industries Inc. in the amount of $3,053.67, check number 13748660.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AMN) |
Filing 43
ORDER granting #41 Motion to Exonerate Bond. The bond securing the preliminary injunction is exonerated; the Clerk shall release the $3,000 bond. Signed by Judge Dominic W Lanza on 5/7/20. (MAW)
|
| Filing 42 BILL OF COSTS by Z-Modular LLC, Zekelman Industries Incorporated. (Attachments: #1 Affidavit of Flynn Supporting Bill of Costs, #2 Exhibit 1 - Filing Receipt, #3 Exhibit 2 - Service of Summons Receipt, #4 Exhibit 3 - Other Costs Receipts)(Flynn, Kevin) |
| Filing 41 MOTION to Exonerate Bond Securing Preliminary Injunction by Z-Modular LLC, Zekelman Industries Incorporated. (Attachments: #1 Text of Proposed Order Granting Plaintiffs Request for Exoneration of Bond)(Flynn, Kevin) |
| Filing 40 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed March 27, 2020, judgment is entered and this action is hereby terminated. (SST) |
|
Filing 39
ORDER and DEFAULT JUDGMENT - Plaintiffs' Motion for Default Judgment (Doc. #31 ) is granted in part and denied in part. The Court enters judgment in favor of Plaintiff Zekelman on Count Eight of the complaint. Plaintiff Zekelman is awarded $5,000 in statutory damages against Defendant Marker for infringement of Zekelman's valid copyright of the Build Faster Graphics video; $5,000 in statutory damages against Defendant Marker and Defendant GreenFeet, jointly and severally, for infringement of Zekelman's valid copyright of the Build Stronger Graphics video and $20,000 in attorneys' fees against Defendant Marker and Defendant GreenFeet, jointly and severally. The Preliminary Injunction (Doc. #26 ) is vacated and Plaintiffs' request for a permanent injunction (Doc. #31 ) is denied. Plaintiffs have 14 days from the issuance of this order to file a renewed motion for default judgment on Counts One through Seven of the complaint. If no such motion is filed, the Clerk shall terminate this action and enter judgment accordingly. Signed by Judge Dominic W Lanza on 3/26/20. (DXD)
|
| Filing 38 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Motion Hearing held on 3/25/2020. Discussion held. IT IS ORDERED taking under advisement #31 Motion for Default Judgment. APPEARANCES: Telephonic appearance by Jared Brandyberry for Plaintiffs. (Court Reporter Candy Potter) Hearing held 10:02 AM to 10:21 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
|
Filing 37
NOTICE OF TENTATIVE RULING: A motion hearing is set for March 25, 2020. In advance of that hearing, the Court wishes to provide its tentative ruling. This is, to be clear, only a tentative ruling. The point of providing it beforehand is to allow counsel to focus the argument on the issues that seem salient to the Court and to maximize counsel's ability to address any perceived errors in the Court's logic [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/23/20. (MAW)
|
|
Filing 36
ORDER: Plaintiffs'counsel has asked to appear telephonically at the March 25, 2020 hearing due to the pandemic. (Doc. #35 .) This request will be granted. Plaintiffs also should be aware that the Court hopes to issue a tentative ruling in advance of the hearing date. If that occurs, it may obviate the need for a hearing, but the Court will keep the March 25 hearing date on the calendar for the time being. Counsel are directed to call (866) 390-1828; Access Code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones or cell phones are not permitted. Ordered by Judge Dominic W Lanza on 3/18/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
|
| Filing 35 *MOTION for Leave to Appear at March 25, 2020 Hearing via Telephone by Z-Modular LLC, Zekelman Industries Incorporated. (Attachments: #1 Text of Proposed Order)(Brandyberry, Jared) *Modified to correct ex parte on 3/19/2020 (DXD). |
|
Filing 34
ORDER: IT IS ORDERED that a hearing on the motion for default judgment (Doc. #31 ) is set for March 25, 2020 at 10:00 a.m. in Courtroom 601, 401 West Washington Street, Phoenix, AZ 85003. Ordered by Judge Dominic W Lanza on 3/6/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
|
| Filing 33 SERVICE EXECUTED filed by Z-Modular LLC, Zekelman Industries Incorporated: Proof of Service re: Application for Default (Dkt. No. 29), Entry of Default (Dkt. No. 30), and Motion for Default Judgment (Dkt. No. 31) upon Robert Wayne Marker on October 1, 2019. (Brandyberry, Jared) |
| Filing 32 SERVICE EXECUTED filed by Z-Modular LLC, Zekelman Industries Incorporated: Proof of Service re: Application for Default (Dkt. No. 29), Entry of Default (Dkt. No. 30), and Motion for Default Judgment (Dkt. No. 31) upon GreenFeet, Inc. on October 1, 2019. (Brandyberry, Jared) |
| Filing 31 MOTION for Default Judgment as to Defendants Robert Marker and GreenFeet, Inc. by Z-Modular LLC, Zekelman Industries Incorporated. (Attachments: #1 Declaration of Jared A. Brandyberry, #2 Text of Proposed Order)(Brandyberry, Jared) |
| Filing 30 Clerk's ENTRY OF DEFAULT as to GreenFeet Incorporated, Robert Wayne Marker. (DXD) |
| Filing 29 APPLICATION for Entry of Default by Plaintiffs Z-Modular LLC, Zekelman Industries Incorporated against Defendants Robert Wayne Marker and GreenFeet, Inc.. (Brandyberry, Jared) |
| Filing 28 SERVICE EXECUTED filed by Z-Modular LLC, Zekelman Industries Incorporated: Affidavit of Service re: (i) the May 14, 2019 Order Granting the Preliminary Injunction and, (ii) the May 16, 2019 Notice of Deposit of Security Bond upon GreenFeet Inc. on May 28, 2019. (Brandyberry, Jared) |
| Filing 27 NOTICE re: Deposit of Security Bond by Z-Modular LLC, Zekelman Industries Incorporated re: #26 Order on Motion for Preliminary Injunction . (Attachments: #1 Exhibit Receipt from Clerk of Court for Deposit of Security Bond)(Brandyberry, Jared) |
|
Filing 26
ORDER: IT IS ORDERED that: (1) Plaintiffs' motion for a preliminary injunction (Doc. #23 ) is summarily granted as to GreenFeet. (2) Plaintiffs must post a bond in the amount of $3,000 with the Clerk of Court. (3) Plaintiffs must serve a copy of this Order upon GreenFeet and then file an affidavit of service in the docket [see attached Order for details]. Signed by Judge Dominic W Lanza on 5/14/19. (MAW)
|
| Filing 25 Service Returned Unexecuted by Z-Modular LLC, Zekelman Industries Incorporated : Declaration of Loren Warren re Attempted Personal Service of Plaintiffs' Motion for Preliminary Injunction and Supporting Memorandum, Supporting Affidavit of Mickey McNamara, PROPOSED Order Granting Motion, Exhibits to Complaint as to Defendant Robert Marker. (Brandyberry, Jared) |
| Filing 24 *SERVICE EXECUTED filed by Z-Modular LLC, Zekelman Industries Incorporated: Proof of Service re: Plaintiffs' Motion for Preliminary Injunction and Supporting Memorandum, Supporting Affidavit of Mickey McNamara, PROPOSED Order Granting Motion, Exhibits to Complaint upon GreenFeet, Inc. on April 16, 2019. (Flynn, Kevin) *Modified to correct date of service on 4/18/2019 (GMP). |
| Filing 23 MOTION for Preliminary Injunction by Z-Modular LLC, Zekelman Industries Incorporated. (Attachments: #1 Affidavit Affidavit of Mickey McNamara, #2 Text of Proposed Order Proposed Order)(Pena, Clair) |
| Remark: Pro hac vice motion granted for Jared A Brandyberry on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 22 SERVICE EXECUTED filed by Z-Modular LLC, Zekelman Industries Incorporated: Proof of Service re: Summons, Complaint, Notice regarding MIDP, and Civil Cover Sheet upon Robert Wayne Marker on April 3, 2019. (Pena, Clair) |
| Filing 21 SERVICE EXECUTED filed by Z-Modular LLC, Zekelman Industries Incorporated: Proof of Service re: Summons, Complaint, Civil Cover Sheet, Notice of MIDP upon Greetfeet, Inc. on April 3, 2019. (Pena, Clair) |
| Remark: Pro Hac Vice Motions granted for Kevin P Flynn and Kevin W Kirsch on behalf of Plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) |
| Filing 20 Summons Issued as to Robert Wayne Marker. (DXD) ***IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 19 Summons Issued as to Robert Wayne Marker. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
|
Filing 18
ORDER: The Court notes that in the complaint, Plaintiff seeks "[e]ntry of a temporary restraining order, preliminary injunction, and permanent injunction" (Doc. 1 at 36-37, paragraphs H, I, and J). The Court does not see in this record that a motion for Temporary Restraining Order or a Motion for Preliminary Injunction is pending. Therefore, IT IS ORDERED that the Court will take no action on this request until a motion seeking immediate injunctive relief is filed. Ordered by Judge Dominic W Lanza on 4/1/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
|
|
Filing 17
PRELIMINARY ORDER: IT IS THEREFORE ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order and its Attachments on Defendant(s) and file notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on June 28, 2019, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure; 3. That, unless the Court orders otherwise, the parties shall file with the Clerk of Court a notice of service of MIDP Responses, supplemental MIDP Responses, and production of ESI, rather than copies of the actual disclosures [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/1/19. (Attachments: #1 Notice - MIDP, #2 MIDP User Manual)(MAW)
|
| Filing 16 SUMMONS Submitted by Z-Modular LLC, Zekelman Industries Incorporated. (Pena, Clair) |
| Filing 15 *SUMMONS Submitted by Plaintiffs Z-Modular LLC, Zekelman Industries Incorporated. (Pena, Clair) *Modified to correct event on 4/2/2019 (DXD). |
| Filing 14 NOTICE TO FILER OF DEFICIENCY re: #9 Summons Submitted. The sommons should list one address for service. FOLLOW-UP ACTION REQUIRED: Please refile corrected document using the Summons Submitted event located under Amended Pleadings and Services / Service of process category. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Filing 13 Summons Issued as to GreenFeet Incorporated.(DXD) *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 12 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Z-Modular LLC, Zekelman Industries Incorporated. (Pena, Clair) |
| Filing 11 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Z-Modular LLC, Zekelman Industries Incorporated. (Pena, Clair) |
| Filing 10 *SUMMONS Submitted by Plaintiffs Z-Modular LLC, Zekelman Industries Incorporated. (Pena, Clair) *Modified to correct event on 4/1/2019 (DXD). |
| Filing 9 *SUMMONS Submitted by Plaintiffs Z-Modular LLC, Zekelman Industries Incorporated. (Pena, Clair) *Modified to correct event on 4/1/2019 (DXD). |
| Filing 8 NOTICE TO FILER OF DEFICIENCY re: #4 Summons Submitted filed by Zekelman Industries Incorporated, Z-Modular LLC. One defendant should be listed per summons. FOLLOW-UP ACTION REQUIRED: Please refile corrected documents. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) |
| Filing 7 MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading (Attachments: #1 AO 121)(BAC) |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAC) |
| Filing 5 Filing fee paid, receipt number 0970-16721102. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-19-02109-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.(BAC) |
| Filing 4 SUMMONS Submitted by Z-Modular LLC, Zekelman Industries Incorporated. (Pena, Clair) (BAC) |
| Filing 3 Additional Attachments to Main Document re: #1 Complaint by Plaintiffs Z-Modular LLC, Zekelman Industries Incorporated. (Pena, Clair) (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14)(BAC) |
| Filing 2 Corporate Disclosure Statement by Z-Modular LLC, Zekelman Industries Incorporated. (Pena, Clair) (Attachments: #1 Z-Mod Corporate Disclosure)(BAC) |
| Filing 1 COMPLAINT (TRO Requested). Filing fee received: $400.00, receipt number 0970-16721102 filed by Zekelman Industries Incorporated, Z-Modular LLC. (Pena, Clair) (Attachments: #1 Civil Cover Sheet)(BAC) |
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 Arizona District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
