Wagner et al v. Adickman et al
Plaintiff: Giggling Marlin Incorporated and Gary Wagner
Defendant: Unknown Adickman, LVR Family Trust, Keith Foulke, Stacy Foulke and Derek Adickman
Case Number: 2:2019cv03216
Filed: May 17, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Susan M Brnovich
Nature of Suit: Property Rights: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2019 Filing 28 ANSWER to #1 Complaint, #17 Amended Complaint , ANSWER to #1 Complaint, #17 Amended Complaint , First COUNTERCLAIM against All Plaintiffs by Derek Adickman.(O'Connor, Joseph)
July 9, 2019 Opinion or Order Filing 27 ORDER granting #2 Motion for Preliminary Injunction. Defendant must make the listed property available to Plaintiffs for pick up by no later than 10:00 a.m. on Friday, July 12, 2019. Parties shall show cause by July 23, 2019,as to why the Court should not stay the case pending arbitration, because both parties stated the Agreement requires them to arbitrate their dispute. Signed by Judge Susan M Brnovich on 7/9/2019. (TCA)
July 8, 2019 Filing 26 Exhibit List by plaintiff and defendant. (TCA)
July 8, 2019 Filing 25 Witness List by plaintiff and defendant. (TCA)
July 8, 2019 Filing 24 MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Motion Hearing held on 7/8/2019. ORDERED taking under advisement #2 Motion for Preliminary Injunction. (Court Reporter Christine Coaly.) Hearing held 10:02 AM to 12:16 PM.(TCA)
July 5, 2019 Filing 23 RESPONSE in Opposition re: #2 MOTION for Preliminary Injunction filed by Derek Adickman. (Attachments: #1 Exhibit Exhibit A-B-C)(O'Connor, Joseph)
July 5, 2019 Filing 22 NOTICE of Appearance by Joseph Matthew O'Connor on behalf of Derek Adickman. (O'Connor, Joseph)
June 25, 2019 Filing 21 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Giggling Marlin Incorporated, Gary Wagner. (Maynard, Daniel)
June 20, 2019 Filing 20 MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading #17 has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you 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 there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header (SST)
June 20, 2019 Opinion or Order Filing 19 ORDER granting #18 Motion for Alternative Service. Plaintiffs to serve Defendant Adickman by mailing postage prepaid and return receipt the Summons,Amended Complaint and a copy of this Order to his last known residence and by providing the Summons, Amended Complaint and a copy of this Order to Mr. Adickmans counsel, Joe OConnor. Plaintiff to serve Defendant Foulke andLVR Family Trust by mail at Mr. Foulkes residential address in Boston and his work address in Boston by mail to be postage prepaid requiring a signature and receipt and by Federal Express to each location requiring a signature.June 21, 2019 Hearing on Preliminary Injunction is vacated and reset to July 8, 2019 at 10:00 a.m. (2 hours allowed). Signed by Judge Susan M Brnovich on 6/20/2019. (TCA)
June 19, 2019 Filing 18 MOTION Alternative Service by Giggling Marlin Incorporated, Gary Wagner. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Maynard, Daniel)
June 18, 2019 Filing 17 AMENDED COMPLAINT against All Defendants filed by Gary Wagner, Giggling Marlin Incorporated.(Maynard, Daniel)
June 18, 2019 Filing 16 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Giggling Marlin Incorporated, Gary Wagner . (Attachments: #1 Exhibit)(Maynard, Daniel)
May 29, 2019 Filing 15 Corporate Disclosure Statement by Giggling Marlin Incorporated. (Curran, Michael)
May 24, 2019 Filing 14 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Giggling Marlin Incorporated, Gary Wagner. (Maynard, Daniel)
May 20, 2019 Filing 13 Additional Attachments to Main Document re: #1 Complaint Civil Cover Sheet by Plaintiffs Giggling Marlin Incorporated, Gary Wagner. (Maynard, Daniel)
May 20, 2019 Filing 12 MINUTE ORDER: Motion Hearing as to #2 MOTION for Preliminary Injunction.Motion Hearing is set for 6/21/2019 at 10:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Court will set aside 2 hours for the hearing. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA)
May 20, 2019 Opinion or Order Filing 11 ORDER: Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on August 18, 2019. Signed by Judge Susan M Brnovich on 5/20/2019. (TCA)
May 20, 2019 Opinion or Order Filing 10 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M Brnovich on 5/20/2019. (TCA)
May 17, 2019 Filing 9 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Giggling Marlin Incorporated. (DLC)
May 17, 2019 Filing 8 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Gary Wagner, Giggling Marlin Incorporated. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please file document. 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. (DLC)
May 17, 2019 Filing 7 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. (DLC)
May 17, 2019 Filing 6 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)(DLC)
May 17, 2019 Filing 5 Summons Issued as to Derek Adickman, Unknown Adickman, Keith Foulke, Stacy Foulke, LVR Family Trust. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
May 17, 2019 Filing 4 Filing fee paid, receipt number 0970-16928044. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-19-3216-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC)
May 17, 2019 Filing 3 SUMMONS Submitted by Giggling Marlin Incorporated, Gary Wagner. (Maynard, Daniel) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(DLC)
May 17, 2019 Filing 2 MOTION for Preliminary Injunction by Giggling Marlin Incorporated, Gary Wagner. (Maynard, Daniel) (Attachments: #1 Exhibit, #2 Text of Proposed Order)(DLC)
May 17, 2019 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16928044 filed by Gary Wagner and Giggling Marlin Incorporated. (Maynard, Daniel) (DLC)

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Defendant: Unknown Adickman
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Defendant: LVR Family Trust
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Defendant: Keith Foulke
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Defendant: Stacy Foulke
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Defendant: Derek Adickman
Represented By: Joseph Matthew O'Connor
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Plaintiff: Giggling Marlin Incorporated
Represented By: Michael D Curran
Represented By: Daniel D Maynard
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Plaintiff: Gary Wagner
Represented By: Michael D Curran
Represented By: Daniel D Maynard
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