Offerpad LLC v. Offervana LLC et al
| Offerpad LLC |
| Unknown Parties |
| Offervana LLC, Eliot Tomaszewski, JK Realty LLC, Keith Howard, Kala Laos and Jason Laos |
| Offerpad Incorporated |
| 2:2019cv04931 |
| August 12, 2019 |
| US District Court for the District of Arizona |
| Michael T Liburdi |
| John J Tuchi |
| Property Rights: Trademark |
| 15 U.S.C. § 1125 |
| Both |
Docket Report
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This docket was last retrieved on October 10, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 Corporate Disclosure Statement by Offerpad Incorporated. (Hayden, Jefferson) |
| Filing 32 SERVICE EXECUTED filed by Keith Howard, JK Realty LLC, Jason Laos, Kala Laos, Offervana LLC, Eliot Tomaszewski: Proof of Service re: Third Party Complaint (Doc. #27 ), Amended Complaint (Doc. #18 ), Notice re MIDP (Doc. #6 ), Trademark Information (Doc. #29 ), Court Orders (Docs. #8 & #9 ) upon Offerpad, Inc. on 10/04/2019. (Motolenich-Salas, Kenneth) |
| Filing 31 Summons Issued as to Offerpad Incorporated. (WLP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 30 SUMMONS Submitted by Keith Howard, JK Realty LLC, Jason Laos, Kala Laos, Offervana LLC, Eliot Tomaszewski. (Motolenich-Salas, Kenneth) |
| Filing 29 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Keith Howard, JK Realty LLC, Jason Laos, Kala Laos, Offervana LLC, Eliot Tomaszewski. (Motolenich-Salas, Kenneth) |
Filing 28
ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference set for Tuesday, 11/12/2019 at 02:30 PM in Courtroom 504. The parties must jointly file the Joint Proposed Case Management Report with the Clerk of the Court at least 10 days before the Scheduling Conference. (See attached order for additional information.) Signed by Judge Michael T. Liburdi on 10/1/2019. (RMW)
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| Filing 27 THIRD PARTY COMPLAINT against Offerpad Incorporated filed by Eliot Tomaszewski, Jason Laos, Kala Laos, JK Realty LLC, Keith Howard, Offervana LLC. (Attachments: #1 Exhibit 1-Trademark Office Records of the Offervana Trademark, #2 Exhibit 2-Trademark Office Records of Offerpad Trademark, Ser. No. 87464025, #3 Exhibit 3-Third Party Offer Marks, #4 Exhibit 4-Merriam-Webster Definition of "Nirvana", #5 Exhibit 5-Merriam-Webster Definition of "Pad", #6 Exhibit 6-Offerpad Facebook Page, #7 Exhibit 7-Arizona Cardinals Facebook Page, #8 Exhibit 8-Offerpad Instagram Page, #9 Exhibit 9-Arizona Cardinals Instagram Page, #10 Exhibit 10-Offerpad Twitter Account, #11 Exhibit 11-Arizona Cardinals Twitter Account, #12 Exhibit 12-Offerpad YouTube Channel, #13 Exhibit 13-Arizona Cardinals YouTube Channel, #14 Exhibit 14-Wikipedia Search Results for Offerpad, #15 Exhibit 15-Encyclopedia Britannica Search Results for Offerpad, #16 Exhibit 16-Wikipedia Article on Arizona Cardinals, #17 Exhibit 17-Encyclopedia Britannica Article on Arizona Cardinals, #18 Summons Proposed Summons on Third Party Defendant Offerpad, Inc. Submitted to Clerk for Issuance)(Motolenich-Salas, Kenneth) |
| Filing 26 ANSWER to #18 Amended Complaint with Jury Demand , COUNTERCLAIM against Offerpad LLC by Eliot Tomaszewski, JK Realty LLC, Keith Howard, Offervana LLC, Kala Laos, Jason Laos. (Attachments: #1 Exhibit 1-Trademark Office Records for Offervana Trademark, #2 Exhibit 2-Trademark Office Records for Offerpad Trademark, Ser. No. Ser. No. 87/464,025, #3 Exhibit 3-Third Party Offer Marks and Offerdepot.com, #4 Exhibit 4-Merriam-Webster Definition of "Nirvana", #5 Exhibit 5-Merriam-Webster Definition of "Pad", #6 Exhibit 6-Offerpad Facebook Page, #7 Exhibit 7-Arizona Cardinals Facebook Page, #8 Exhibit 8-Offerpad Instagram Page, #9 Exhibit 9-Arizona Cardinals Instagram Page, #10 Exhibit 10-Offerpad Twitter Account, #11 Exhibit 11-Arizona Cardinals Twitter Account, #12 Exhibit 12-Offerpad YouTube Channel, #13 Exhibit 13-Arizona Cardinals YouTube Channel, #14 Exhibit 14-Wikipedia Search Results for "Offerpad", #15 Exhibit 15-Encyclopedia Britannica Search Results for "Offerpad", #16 Exhibit 16-Wikipedia Article on Arizona Cardinals, #17 Exhibit 17-Encyclopedia Britannica Article on Arizona Cardinals, #18 Supplement Trademark Information)(Motolenich-Salas, Kenneth) |
| Filing 25 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Offerpad LLC. (Hayden, Jefferson) |
| Filing 24 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 #18 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 (REK) |
| Filing 23 MINUTE ORDER: This case is reassigned to Judge Michael T. Liburdi. All future filings shall reflect the following case number: CV-19-4931-PHX-MTL. All pending hearings and/or deadlines are AFFIRMED unless reset by separate order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 22 SERVICE EXECUTED filed by Offerpad LLC: Proof of Service upon JK Realty, LLC on 08/15/2019. (Hayden, Jefferson) |
| Filing 21 SERVICE EXECUTED filed by Offerpad LLC: Proof of Service upon Offervana, LLC on 08/15/2019. (Hayden, Jefferson) |
| Filing 20 *SERVICE EXECUTED filed by Offerpad LLC: Proof of Service on Keith Howard on 08/19/2019. (Hayden, Jefferson) *Modified to correct service date on 9/18/2019 (REK). |
| Filing 19 SERVICE EXECUTED filed by Offerpad LLC: Proof of Service on Jason and Kala Laos on 08/15/2019. (Hayden, Jefferson) |
| Filing 18 AMENDED COMPLAINT against All Defendants filed by Offerpad LLC.(Hayden, Jefferson) |
| Filing 17 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Offerpad LLC Amended Complaint. (Hayden, Jefferson) |
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Filing 16
ORDER granting a one-time extension of time until 9/16/2019 to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. No further extensions will be granted, Keith Howard answer due 9/16/2019; JK Realty LLC answer due 9/16/2019; Jason Laos answer due 9/16/2019; Kala Laos answer due 9/16/2019; Offervana LLC answer due 9/16/2019; Eliot Tomaszewski answer due 9/16/2019. IT IS FURTHER ORDERED that, pursuant to the Court's Order #9 , Plaintiff shall file proof of service within seven days of the date of this Order. Signed by Judge John J Tuchi on 9/03/2019. (REK)
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| Filing 15 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint through September 16, 2019 by Keith Howard, JK Realty LLC, Jason Laos, Kala Laos, Offervana LLC, Eliot Tomaszewski. (Attachments: #1 Text of Proposed Order)(Motolenich-Salas, Kenneth) |
| Filing 14 Corporate Disclosure Statement by Offervana LLC. (Motolenich-Salas, Kenneth) |
| Filing 13 Corporate Disclosure Statement by JK Realty LLC. (Motolenich-Salas, Kenneth) |
| Filing 12 NOTICE of Appearance by Kenneth Michael Motolenich-Salas on behalf of Keith Howard, JK Realty LLC, Jason Laos, Kala Laos, Offervana LLC, Eliot Tomaszewski. (Motolenich-Salas, Kenneth) |
| Filing 10 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Offerpad LLC. (Hayden, Jefferson) |
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Filing 9
ORDER: IT IS HEREBY ORDERED directing the 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 November 13, 2019. (See attached Order). Signed by Judge John J Tuchi on 8/13/19. (JAMA)
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Filing 8
ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 8/13/19. (JAMA)
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| Filing 7 Summons Issued as to Keith Howard, JK Realty LLC, Jason Laos, Kala Laos, Offervana LLC, and Eliot Tomaszewski. (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. |
| 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. (DLC) |
| Filing 5 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) |
| Filing 4 Filing fee paid, receipt number 0970-17262645. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-19-4931-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) |
| Filing 3 SUMMONS Submitted by Offerpad LLC. (Hayden, Jefferson) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(DLC) |
| Filing 2 Corporate Disclosure Statement by Offerpad LLC. (Hayden, Jefferson) (DLC) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17262645 filed by Offerpad LLC. (Hayden, Jefferson) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-8)(DLC) |
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