ASP Franchising LLC v. Chandler Pools LLC et al
| ASP Franchising LLC |
| Arizona Elite Pools and Backyards LLC, Kemberlyn Cotton, Chandler Pools LLC and Brandon Cotter |
| 2:2021cv00335 |
| February 25, 2021 |
| US District Court for the District of Arizona |
| James A Teilborg |
| Property Rights: Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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This docket was last retrieved on April 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 30 CLERK'S JUDGMENT - Pursuant to the Court's order filed April 15, 2021, Plaintiff to take nothing, and the complaint and action are dismissed without prejudice. (REK) |
Filing 29
ORDER that the Clerk of Court shall dismiss this matter without prejudice and enter judgment accordingly. Signed by Senior Judge James A Teilborg on 4/15/2021. (REK)
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| Filing 28 RESPONSE re: #26 Order by Defendants Arizona Elite Pools and Backyards LLC, Chandler Pools LLC, Brandon Cotter, Kemberlyn Cotton. (Thal, Michael) |
| Filing 27 RESPONSE re: #26 Order by Plaintiff ASP Franchising LLC. (Zisk, Robert) |
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Filing 26
ORDER that the Stipulation to Withdraw the Motion for Preliminary Injunction and Stay Proceedings (Doc. #25 ) is GRANTED IN PART AND DENIED IN PART such that the Motion for Preliminary Injunction (Doc. #8 ) is deemed to be withdrawn and the parties request for the Court to stay further proceedings in this case is DENIED. IT IS FURTHER ORDERED that the 4/5/2021 evidentiary hearing on Plaintiff's Motion for Preliminary Injunction is VACATED. IT IS FURTHER ORDERED that the Court shall dismiss the instant case without prejudice unless the parties can show cause by 4/13/2021 as to why the case should not be dismissed. If the parties do not consent to the dismissal of the instant case, they must articulate what is left in this case for the Court to do. See the attached order for additional information. Signed by Senior Judge James A. Teilborg on 3/31/2021. (RMW)
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| Filing 25 STIPULATION to Withdraw Plaintiff's Motion for Preliminary Injunction and Stay Proceedings by Arizona Elite Pools and Backyards LLC, Chandler Pools LLC, Brandon Cotter, Kemberlyn Cotton. (Attachments: #1 Text of Proposed Order)(Thal, Michael) |
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Filing 24
ORDER re: #23 Plaintiff's Motion for Leave to File Excess Pages: IT IS ORDERED that Plaintiff is GRANTED leave to exceed the page limit imposed by Local Rule of Civil Procedure 7.2(e)(2) for the United States District Court for the District of Arizona by four (4) pages, such that the Reply filed at Doc. #22 is deemed to be accepted. Signed by Senior Judge James A. Teilborg on 3/29/2021. (RMW)
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| Filing 23 MOTION for Leave to File Excess Pages for Plaintiff's Reply to Response to Motion for Preliminary Injunction by ASP Franchising LLC. (Attachments: #1 Text of Proposed Order)(Zisk, Robert) |
| Filing 22 REPLY to Response to Motion re: #8 MOTION for Preliminary Injunction filed by ASP Franchising LLC. (Attachments: #1 Exhibit 1 and 1.A., #2 Exhibit 1.B. to 3, #3 Exhibit 4 and 4.A.)(Zisk, Robert) |
| Filing 21 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 #19 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) |
| Remark: Pro hac vice motion(s) granted for Michael L Sturm on behalf of Plaintiff ASP Franchising LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 20
ORDER setting an evidentiary hearing on Plaintiff's Motion for Preliminary Injunction (Doc. #8 ) on 4/5/2021 at 9:00 AM, 401 W. Washington Street, Phoenix, Arizona 85003, Courtroom 505. All counsel and all witnesses must appear in-person for this hearing. IT IS FURTHER ORDERED that the parties shall jointly prepare and file a joint pre-hearing statement by 3/29/2021. See the attached order for additional information. Signed by Senior Judge James A. Teilborg on 3/23/2021. (RMW)
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| Filing 19 ANSWER to #1 Complaint by Arizona Elite Pools and Backyards LLC, Chandler Pools LLC, Brandon Cotter, Kemberlyn Cotton.(Thal, Michael) |
| Filing 18 Corporate Disclosure Statement by Arizona Elite Pools and Backyards LLC, Chandler Pools LLC, Brandon Cotter, Kemberlyn Cotton. (Thal, Michael) |
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Filing 17
ORDER that Defendant's Motion to Exceed Page Limits (Doc. #16 ) is GRANTED; Defendant may exceed the page limit imposed by Local Rule of Civil Procedure 7.2(e)(1) for the United States District Court for the District of Arizona by two pages, such that the response filed at Doc. #15 is deemed to be accepted. Signed by Senior Judge James A. Teilborg on 3/22/2021. (RMW)
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| Filing 16 MOTION for Leave to File Excess Pages for Defendants' Response by Arizona Elite Pools and Backyards LLC, Chandler Pools LLC, Brandon Cotter, Kemberlyn Cotton. (Attachments: #1 Text of Proposed Order)(Thal, Michael) |
| Filing 15 RESPONSE to Motion re: #8 MOTION for Preliminary Injunction Defendant's Response filed by Arizona Elite Pools and Backyards LLC, Chandler Pools LLC, Brandon Cotter, Kemberlyn Cotton. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Thal, Michael) |
| Remark: Pro hac vice motion(s) granted for Samuel A Butler on behalf of Plaintiff ASP Franchising LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Robert L Zisk on behalf of Plaintiff ASP Franchising LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 14
ORDER that the unopposed motion for extension of time (Doc. #13 ) is granted such that Defendants' response to the motion for preliminary injunction is due by 3/19/2021. Signed by Senior Judge James A. Teilborg on 3/15/2021. (RMW)
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| Filing 13 MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Preliminary Injunction (First Request) by Arizona Elite Pools and Backyards LLC, Chandler Pools LLC, Brandon Cotter, Kemberlyn Cotton. (Attachments: #1 Text of Proposed Order)(Thal, Michael) |
| Remark: Out of state attorneys Robert L Zisk and Samuel A Butler terminated as counsel of record for noncompliance with admissions procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 12 SERVICE EXECUTED filed by ASP Franchising LLC: Certificate of Service re: Summons, Complaint, Motion for Preliminary Injunction, Corporate DS, Civil Tracking Sheet, Motion to Exceed Page Limit and Executed Order upon Kemberlyn Cotter, Brandon Cotter, AZ Elite Pools, Chandler Pools LLC on 02/27/2021. (Porter, Hannah) |
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Filing 11
ORDER granting #9 Plaintiff's Motion for Leave to File Excess Pages. Plaintiff is GRANTED leave to exceed the page limit imposed by Local Rule of Civil Procedure 7.2(e)(1) for the United States District Court for the District of Arizona by nine (9) pages, such that the Motion filed at Doc. #8 is deemed to be accepted. Signed by Senior Judge James A. Teilborg on 2/26/2021. (RMW)
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Filing 10
STANDARD CIVIL TRACK INITIAL ORDER (See document for full details). Signed by Senior Judge James A Teilborg on 2/25/2021. (REK)
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| Filing 9 MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction by ASP Franchising LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Porter, Hannah) |
| Filing 8 WITHDRAWN per Doc. #26 : MOTION for Preliminary Injunction by ASP Franchising LLC. (Attachments: #1 Exhibit Exhibit 1-3, #2 Text of Proposed Order Proposed Order)(Porter, Hannah) Modified on 3/31/2021 (RMW). |
| Filing 7 Summons Issued as to Arizona Elite Pools and Backyards LLC, Chandler Pools LLC, Brandon Cotter, Kemberlyn Cotton. (Attachments: #1 Summons, #2 Summons, #3 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| 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)(ARC) |
| Filing 5 NOTICE of Filing - Copyright, Trademark or Patent Information filed by ASP Franchising LLC. (Porter, Hannah) |
| Filing 4 Corporate Disclosure Statement by ASP Franchising LLC. (Porter, Hannah) |
| Filing 3 Filing fee paid, receipt number 0970-19198381. This case has been assigned to the Honorable James A Teilborg. All future pleadings or documents should bear the correct case number: CV-21-335-PHX-JAT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) |
| Filing 2 SUMMONS Submitted by ASP Franchising LLC. (Porter, Hannah) (Attachments: #1 Summons, #2 Summons, #3 Summons)(ARC) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19198381 filed by ASP Franchising LLC. (Porter, Hannah) (Attachments: #1 Civil Cover Sheet)(ARC) |
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