DriveTime Sales and Finance Company LLC et al v. Drivetime Incorporated
Plaintiff: DriveTime Sales and Finance Company LLC and DriveTime Car Sales Company LLC
Defendant: Drivetime Incorporated
Case Number: 2:2019cv05391
Filed: October 11, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Michelle H Burns
Referring Judge: James A Teilborg
Nature of Suit: Property Rights: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 2, 2019 Filing 24 REPLY to Response to Motion re: #17 MOTION to Dismiss Counts/Claims : Count 5 Defendant Drivetime Inc.'s Reply to Plaintiffs' Response to Defendant's Partial Motion to Dismiss Plaintiffs' Complaint filed by Drivetime Incorporated. (Speth, Maria)
December 2, 2019 Filing 23 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Joint Proposed Case Management Plan filed by Plaintiffs DriveTime Car Sales Company LLC, DriveTime Sales and Finance Company LLC. (Cabianca, Brian)
November 25, 2019 Filing 22 RESPONSE to Motion re: #17 MOTION to Dismiss Counts/Claims : Count 5 filed by DriveTime Car Sales Company LLC, DriveTime Sales and Finance Company LLC. (Cabianca, Brian)
November 19, 2019 Filing 21 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Drivetime Incorporated. (Byczko, Caitlin)
November 19, 2019 Remark: Pro hac vice motion(s) granted for Jonathan Paul Froemel on behalf of Defendant Drivetime Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
November 15, 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 #15 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)
November 12, 2019 Opinion or Order Filing 19 ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Scheduling Conference set for Wednesday, 12/11/2019 at 11:00 AM, in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003. Counsel shall jointly file their Proposed Case Management Plan with the Clerk of the Court not less than ten (10) days before the Scheduling Conference. See attached order for additional information. Signed by Senior Judge James A. Teilborg on 11/12/2019. (RMW)
November 11, 2019 Filing 17 MOTION to Dismiss Counts/Claims : Count 5 by Drivetime Incorporated. (Speth, Maria)
November 11, 2019 Filing 16 Corporate Disclosure Statement by Drivetime Incorporated. (Speth, Maria)
November 11, 2019 Filing 15 ANSWER to #1 Complaint by Drivetime Incorporated.(Speth, Maria)
November 8, 2019 Remark: Pro hac vice motion(s) granted for Caitlin Rose Byczko on behalf of Defendant Drivetime Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
October 29, 2019 Filing 14 SERVICE EXECUTED filed by DriveTime Car Sales Company LLC, DriveTime Sales and Finance Company LLC: Proof of Service re: Complaint, Summons, Consent form, MIDP Notice, and USPTO Report upon Drivetime, Inc. on 10/19/19. (Cabianca, Brian)
October 24, 2019 Opinion or Order Filing 13 STANDARD CIVIL TRACK INITIAL ORDER: If not already accomplished prior to the date of this Order, that Plaintiff(s) shall effect service of the Complaint and Summons upon all Defendants no later than 90 days after the filing of the Complaint. FURTHER ORDERED that Plaintiff shall serve Defendant(s) with a copy of this Order. See document for complete details. Signed by Senior Judge James A Teilborg on 10/24/19. (EJA)
October 24, 2019 Filing 12 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge James A Teilborg. All further pleadings/papers should now list the following COMPLETE case number: CV-19-5391-PHX-JAT. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
October 24, 2019 Remark: Pro hac vice motion(s) granted for Gary Cruciani, David Sochia, and Ashley N Moore on behalf of Plaintiffs DriveTime Car Sales Company LLC and DriveTime Sales and Finance Company LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
October 23, 2019 Filing 11 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
October 15, 2019 Filing 9 Summons Issued as to Drivetime Incorporated. (DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
October 15, 2019 Filing 8 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)
October 15, 2019 Filing 7 NOTICE of Filing - Copyright, Trademark or Patent Information filed by DriveTime Car Sales Company LLC, DriveTime Sales and Finance Company LLC. (Cabianca, Brian) (DLC)
October 15, 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)
October 11, 2019 Filing 5 Filing fee paid, receipt number 0970-17511895. This case has been assigned to the Honorable Michelle H Burns. All future pleadings or documents should bear the correct case number: CV-19-5391-PHX-MHB. Magistrate Election form attached. (DLC)
October 11, 2019 Filing 4 SUMMONS Submitted by Drivetime Incorporated. (Cabianca, Brian) (DLC)
October 11, 2019 Filing 3 Corporate Disclosure Statement by DriveTime Car Sales Company LLC. (Cabianca, Brian) (DLC)
October 11, 2019 Filing 2 Corporate Disclosure Statement by DriveTime Sales and Finance Company LLC. (Cabianca, Brian) (DLC)
October 11, 2019 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17511895 filed by DriveTime Sales and Finance Company LLC, DriveTime Car Sales Company LLC. (Cabianca, Brian) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(DLC)

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Plaintiff: DriveTime Sales and Finance Company LLC
Represented By: Gregory Thomas Saetrum
Represented By: Brian Andrew Cabianca
Represented By: Gary Cruciani
Represented By: Ashley N Moore
Represented By: David Sochia
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Plaintiff: DriveTime Car Sales Company LLC
Represented By: Gregory Thomas Saetrum
Represented By: Brian Andrew Cabianca
Represented By: Gary Cruciani
Represented By: Ashley N Moore
Represented By: David Sochia
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Defendant: Drivetime Incorporated
Represented By: Jonathan Paul Froemel
Represented By: Caitlin Rose Byczko
Represented By: Maria Crimi Speth
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