PickUp USA Franchise Company LLC et al v. AZ PickUp Basketball LLC et al
PickUp USA Franchise Company LLC and PickUp USA LLC |
EV Training Center LLC, AZ PickUp Basketball LLC, Malini Bhakta, Belly Blast Chandler Fitness LLC and Jigar Bhakta |
2:2020cv01259 |
June 25, 2020 |
US District Court for the District of Arizona |
Susan M Brnovich |
Property Rights: Trademark |
15 U.S.C. § 1125 |
Plaintiff |
Docket Report
This docket was last retrieved on August 3, 2020. A more recent docket listing may be available from PACER.
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Filing 36 ORDER pursuant to the Stipulated #35 Motion to Dismiss and to Vacate the Hearing, IT IS HEREBY ORDERED dismissing the Complaint in this case with prejudice. Both sides will bear their own attorneys fees and costs. Moreover, the hearing on Plaintiff's Motion for Preliminary Injunction set for 8/13/2020 and all related briefing deadlines are vacated. Signed by Judge Susan M. Brnovich on 8/03/2020. (ESG) |
Filing 35 Joint MOTION to Dismiss Case and to vacate hearing on motion for preliminary injunction by PickUp USA Franchise Company LLC, PickUp USA LLC. (Attachments: #1 Text of Proposed Order)(Brooks, David) |
Filing 34 Corporate Disclosure Statement by EV Training Center LLC. (Denton, Brad) |
Filing 33 Corporate Disclosure Statement by Belly Blast Chandler Fitness LLC. (Denton, Brad) |
Filing 32 Corporate Disclosure Statement by AZ PickUp Basketball LLC. (Denton, Brad) |
Filing 31 ORDER Pursuant to the Stipulated #30 Motion to Continue the Hearing on Plaintiffs' Motion for Preliminary Injunction and Related Briefing Deadlines; IT IS HEREBY ORDERED that the hearing on the Motion for Preliminary Injunction is continued to 8/13/2020 at 9:00 a.m. (3 hours allowed). Defendants shall file their Response to Plaintiffs' Motion for Preliminary Injunction by 7/31/2020 and Plaintiffs shall file their Reply in Support of Motion for Preliminary Injunction by 8/07/2020. IT IS FURTHER ORDERED that the Parties shall file a notice of settlement and request for dismissal, if appropriate, as soon as such settlement documentation and terms are completed. Signed by Judge Susan M. Brnovich on 7/14/2020. (ESG) |
Filing 30 First MOTION to Continue Hearing on Motion for Preliminary Injunction by PickUp USA Franchise Company LLC, PickUp USA LLC. (Attachments: #1 Text of Proposed Order)(Brooks, David) |
Filing 29 ORDER pursuant to the #26 Stipulated Motion to Set Deadlines for Pleadings Related to #2 MOTION for Preliminary Injunction, IT IS HEREBY ORDERED that Defendants shall file their Response to Plaintiff's Motion for Preliminary Injunction by 7/16/2020. IT IS FURTHER ORDERED Plaintiff shall file its Reply in Support of Motion for Preliminary Injunction by 7/23/2020. Signed by Judge Susan M. Brnovich on 7/13/2020. (ESG) |
Filing 28 NOTICE of Deposition of Paolo Ontalan, filed by AZ PickUp Basketball LLC, Belly Blast Chandler Fitness LLC, Jigar Bhakta, Malini Bhakta, EV Training Center LLC. (Denton, Brad) |
Filing 27 NOTICE of Deposition of Gary Mazakian, filed by AZ PickUp Basketball LLC, Belly Blast Chandler Fitness LLC, Jigar Bhakta, Malini Bhakta, EV Training Center LLC. (Denton, Brad) |
Filing 26 STIPULATION STIPULATED MOTION TO SET DEADLINES FOR PLEADINGS RELATED TO MOTION FOR PRELIMINARY INJUNCTION by AZ PickUp Basketball LLC, Belly Blast Chandler Fitness LLC, Jigar Bhakta, Malini Bhakta, EV Training Center LLC. (Attachments: #1 Text of Proposed Order)(Denton, Brad) |
Filing 25 NOTICE of Deposition of Duane Vance, filed by PickUp USA Franchise Company LLC, PickUp USA LLC. (Brooks, David) |
Filing 24 NOTICE of Deposition of Jigar Bhakta, filed by PickUp USA Franchise Company LLC, PickUp USA LLC. (Brooks, David) |
Filing 23 NOTICE of Service of Discovery filed by PickUp USA Franchise Company LLC, PickUp USA LLC. (Brooks, David) |
Filing 22 NOTICE of Service of Discovery filed by AZ PickUp Basketball LLC, Belly Blast Chandler Fitness LLC, Jigar Bhakta, Malini Bhakta, EV Training Center LLC. (Denton, Brad) |
Filing 21 NOTICE of Filing - Copyright, Trademark or Patent Information filed by PickUp USA Franchise Company LLC, PickUp USA LLC. (Brooks, David) |
Filing 20 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Status Conference held on 7/2/2020. Discussion held regarding the Evidentiary Hearing presently set for 7/21/2020. For reasons set forth on the record, the Evidentiary Hearing is reset for 7/28/2020 at 9:00 AM (3 hrs allowed). Brief discussion regarding witnesses held. The parties are to contact the Court as soon as possible if there are witnesses that may need to appear by video due to health issues. APPEARANCES: Telephonic appearance by Amy Alderfer and David Brooks for Plaintiffs. Telephonic appearance by Brad Denton for Defendants. Evidentiary Hearing reset for 7/28/2020 at 09:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. (Court Reporter Christine Coaly) Hearing held 10:01 AM to 10:14 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) |
Filing 19 NOTICE of Appearance by Brad Alan Denton on behalf of AZ PickUp Basketball LLC, Belly Blast Chandler Fitness LLC, Jigar Bhakta, Malini Bhakta, EV Training Center LLC. (Denton, Brad) |
Remark: Pro hac vice motion(s) granted for Amy B Alderfer on behalf of Defendants PickUp USA Franchise Company LLC and PickUp USA LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) |
Filing 18 SERVICE EXECUTED filed by PickUp USA Franchise Company LLC, PickUp USA LLC: Return of Service re: Summons, Complaint and Motion for TRO and Preliminary Injunction upon Malini Bhakta on June 26, 2020. (Brooks, David) |
Filing 17 SERVICE EXECUTED filed by PickUp USA Franchise Company LLC, PickUp USA LLC: Return of Service re: Summons, Complaint and Motion for TRO and Preliminary Injunction upon Jigar Bhakta on June 26, 2020. (Brooks, David) |
Filing 16 SERVICE EXECUTED filed by PickUp USA Franchise Company LLC, PickUp USA LLC: Return of Service re: Summons, Complaint and Motion for TRO and Preliminary Injunction upon EV Training Center, LLC on June 26, 2020. (Brooks, David) |
Filing 15 SERVICE EXECUTED filed by PickUp USA Franchise Company LLC, PickUp USA LLC: Return of Service re: Summons, Complaint and Motion for TRO and Preliminary Injunction upon Belly Blast Chandler Fitness, LLC on June 26, 2020. (Brooks, David) |
Filing 14 SERVICE EXECUTED filed by PickUp USA Franchise Company LLC, PickUp USA LLC: Return of Service re: Summons, Complaint and Motion for TRO and Preliminary Injunction upon AZ PickUp Basketball, LLC on June 26, 2020. (Brooks, David) |
Filing 13 NOTICE re: Certificate of Service by PickUp USA Franchise Company LLC re: #12 Order on Motion for TRO, #9 Order, #10 Order re Rule 12(b) Motions, #11 Order, Set Deadlines . (Brooks, David) |
Filing 12 ORDER Plaintiff's #2 Motion for Temporary Restraining Order and Preliminary Injunction is DENIED IN PART as to Petitioner's Motion for Temporary Restraining Order. Defendants shall have ten (10) days from the date of service to file a response to Plaintiffs Motion for Preliminary Injunction, (Doc. 2), in accordance with this Order. Plaintiff shall have five (5) days from the filing of Defendants Response to the Motion for Preliminary Injunction to file a Reply. This matter is set for a telephonic status conference on 7/02/2020 at 10:00 a.m. (15 minutes allowed) to discuss the tentative hearing date of 7/21/2020. This matter is set for an evidentiary hearing on 7/21/2020 at 9:00 a.m. (3 hours allowed). Signed by Judge Susan M. Brnovich on 6/26/2020. (ESG) |
Filing 11 ORDER 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 9/23/2020. Signed by Judge Susan M Brnovich on 6/26/2020. (ESG) |
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 6/26/2020. (ESG) |
Filing 9 ORDER Any motions, responses or replies filed for which a courtesy copy is not delivered to the Court, as required, will be stricken and not considered. Signed by Judge Susan M. Brnovich on 6/26/2020. (ESG) |
Filing 8 Summons Issued as to AZ PickUp Basketball LLC, Belly Blast Chandler Fitness LLC, Jigar Bhakta, Malini Bhakta, EV Training Center LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
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 (REK) |
Filing 6 Filing fee paid, receipt number 0970-18417403. This case has been assigned to the Honorable Susan M. Brnovich. All future pleadings or documents should bear the correct case number: CV-20-01259-PHX-SMB. (REK) |
Filing 5 SUMMONS Submitted by PickUp USA Franchise Company LLC, PickUp USA LLC. (submitted by David Brooks) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons) (REK) |
Filing 4 Corporate Disclosure Statement by PickUp USA LLC. (submitted by David Brooks) (REK) |
Filing 3 Corporate Disclosure Statement by PickUp USA Franchise Company LLC. (submitted by David Brooks) (REK) |
Filing 2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by PickUp USA Franchise Company LLC, PickUp USA LLC. (submitted by David Brooks) (Attachments: #1 Text of Proposed Order (Temporary Restraining Order), #2 Text of Proposed Order (Preliminary Injunction)) (REK) |
Filing 1 COMPLAINT (TRO Requested). Filing fee received: $400.00, receipt number 0970-18417403 filed by PickUp USA LLC, PickUp USA Franchise Company LLC. (submitted by David Brooks) (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4, #5 Civil Cover Sheet) (REK) |
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