ReBath LLC v. Foothills Service Solutions Company et al
| ReBath LLC |
| Foothills Service Solutions Company doing business as Re-Bath of Charlotte, Norman Christopher Woods and Unknown Parties |
| Foothills Service Solutions Company a North Carolina corporation doing business as ReBath of Charlotte |
| 2:2021cv00870 |
| May 17, 2021 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Property Rights: Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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This docket was last retrieved on July 15, 2021. A more recent docket listing may be available from PACER.
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Filing 51
ORDER - IT IS ORDERED granting the stipulation of dismissal (Doc. #50 ). IT IS FURTHER ORDERED that all claims in the above-captioned case are dismissed with prejudice, with each party bearing its own costs and attorneys' fees. IT IS FURTHER ORDERED that all hearings and deadlines are vacated, and all pending motions are denied as moot. Signed by Judge Dominic W Lanza on 7/14/2021. (WLP)
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| Filing 50 STIPULATION of Dismissal With Prejudice by ReBath LLC. (Attachments: #1 Text of Proposed Order)(Buckley, Michelle) |
| Filing 49 NOTICE re: Compliance by Foothills Service Solutions Company, Norman Christopher Woods re: #48 Notice of Deficiency re Corporate Disclosure Statement . (Hafen, Tyson) |
| Filing 48 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 Foothills Service Solutions Company. (MAW) |
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Filing 47
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #46 ) is granted. The parties' settlement negotiations constitute good cause to extend the temporary restraining order ("TRO") (Doc. #44 ), and both parties consent to the extension. The TRO is therefore extended for an additional 21 days, up through and including July 14, 2021. If the parties have not reached settlement by that time, on July 14, 2021 the parties shall file a joint memorandum regarding the status of settlement, including whether the parties request a further extension of the TRO or that a hearing be scheduled. Ordered by Judge Dominic W Lanza on 6/16/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 46 MEMORANDUM In Compliance with 45 Order, Set Deadlines by Defendants Foothills Service Solutions Company, Norman Christopher Woods. (Hafen, Tyson) |
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Filing 45
ORDER: The TRO issued on June 9, 2021 (Doc. #44 ) will remain in effect for 14 days, which is the duration that ReBath requested. (Doc. #13 -1.) It will therefore be necessary to address, in the near future, whether the TRO should be converted into a preliminary injunction, as further requested by ReBath. (Doc. #13 .) Unfortunately, due to the Court's schedule, it will not be possible to hold an in-person hearing before June 23, 2021, which is the date on which the TRO would otherwise expire. The parties are therefore ordered to meet and confer about how they would like to proceed, including whether a further in-person hearing is necessary, and then file a joint memorandum by June 15, 2021 setting forth their views. The parties are advised that the Court would be available for an in-person hearing on June 30 or July 1, 2021, should the parties be willing to stipulate to an extension of the TRO past June 23, 2021. Ordered by Judge Dominic W Lanza on 6/10/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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Filing 44
ORDER: The TRO shall remain in full force and effect until such time as a hearing may be held on ReBath's Motion for Preliminary Injunction, but in no event shall it remain in effect for longer than fourteen (14) days from the date of this order [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/9/21. (MAW)
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Filing 43
ORDER: IT IS ORDERED that: (1) ReBath's TRO motion (Doc. #13 ) is granted in part and denied in part. The TRO itself will issue by separate order. (2) Foothills' TRO motion (Case No. 20-cv-880, Doc. 2) is denied [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/9/21. (MAW)
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Filing 42
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #41 ) is granted. The deadline for responsive pleadings is extended to 21 days after the Court resolves the parties' motions for temporary restraining orders and preliminary injunctions. Ordered by Judge Dominic W Lanza on 6/8/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 41 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Foothills Service Solutions Company, Norman Christopher Woods. (Hafen, Tyson) |
| Filing 40 MINUTE ORDER re: EXHIBITS: IT IS HEREBY ORDERED that the exhibits marked and/or admitted in the above-entitled case at the time of the trial/hearing are returned to respective counsel [see attached minute order for details]. (MAW) |
| Filing 39 Exhibit List by Foothills Service Solutions Company and Norman Christopher Woods. (MAW) |
| Filing 38 Exhibit List by ReBath LLC. (MAW) |
| Filing 37 Witness List by Foothills Service Solutions Company and Norman Christopher Woods. (MAW) |
| Filing 36 Witness List by ReBath LLC. (MAW) |
| Filing 35 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Motion Hearing held on 6/3/2021 re: Plaintiff's Motion for Temporary Restraining Order (Doc. #13 ) and Defendants' Motion for Temporary Restraining Order (Doc. 2 filed in CV 21-00880-PHX-DWL). IT IS ORDERED taking this matter under advisement [see attached minute entry for details]. (Court Reporter Candy Potter. Hearing held 3:02 PM to 5:45 PM.(MAW) |
| Filing 34 DECLARATION of Chris Woods re: #33 Reply by Consol Plaintiff Foothills Service Solutions Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hafen, Tyson) |
| Filing 33 REPLY In Support of Motion for Temporary Restraining Order and Preliminary Injunction by Consol Plaintiff Foothills Service Solutions Company. (Hafen, Tyson) |
| Filing 32 REPLY to Response to Motion re: #13 MOTION for Temporary Restraining Order With Notice MOTION for Preliminary Injunction filed by ReBath LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Buckley, Michelle) |
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Filing 31
ORDER: IT IS ORDERED that Plaintiff's motion for extension of time (Doc. #29 ) is granted. Plaintiff's response (Doc. #28 ) is deemed timely filed. Ordered by Judge Dominic W Lanza on 6/1/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 30 *NOTICE of Errata re: #28 Response (Corrected Exhibit A attached) by Plaintiff ReBath LLC, Consol Defendant ReBath LLC.. (Attachments: #1 Exhibit A)(Buckley, Michelle) *Modified to add document link on 6/1/2021 (REK). |
| Filing 29 MOTION To Accept Late Filing re: #28 Response in Opposition to Foothills Service Solutions Co..'s Motion for Temporary Restraining Order and Preliminary Injunction by ReBath LLC. (Attachments: #1 Text of Proposed Order)(Buckley, Michelle) |
| Filing 28 RESPONSE in Opposition to Foothills Service Solutions Co..'s Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff ReBath LLC, Consol Defendant ReBath LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Buckley, Michelle) |
| Filing 27 DECLARATION of Chris Woods re: #26 Response in Opposition to Motion . filed by Foothills Service Solutions Company, Norman Christopher Woods. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Hafen, Tyson) |
| Filing 26 RESPONSE in Opposition re: #13 MOTION for Temporary Restraining Order With Notice MOTION for Preliminary Injunction filed by Foothills Service Solutions Company, Norman Christopher Woods. (Hafen, Tyson) |
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Filing 25
ORDER: IT IS ORDERED that the June 3, 2021 hearing is reset location only. The hearing will be held on June 3, 2021 at 3:00 p.m. and will be held in-person, rather than telephonically, in Courtroom 601, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003 [see attached Order for details]. Signed by Judge Dominic W Lanza on 5/28/21. (MAW)
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Filing 24
ORDER: IT IS ORDERED that the briefing schedule for the related action is replaced with the briefing schedule for the lead action, such that the responses to both TRO motions are due by 5:00 p.m. on May 28, 2021, the replies are due by 5:00 p.m. on June 1, 2021, the hearing set for June 2, 2021 at 9:00a.m. is vacated, and the telephonic hearing set for June 3, 2021, at 3:00 p.m. (Arizona time) shall be for both motions. Each side shall have 30 minutes per motion to make legal argument to the Court. The call-information is contained in the Court's order at Doc. 15. Ordered by Judge Dominic W Lanza on 5/26/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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Filing 23
ORDER: Plaintiff's Motion (Doc. #21 ) is granted; Case No. 2:21-cv-00880-MTL pending in the U.S. District Court for the District of Arizona is transferred to the Honorable Dominic W. Lanza; and Case No. 2:21-cv-00870-DWL and Case No. 2:21-cv-00880-MTL are consolidated for all purposes. Signed by Judge Dominic W Lanza on 5/24/2021. (Associated Cases: 2:21-cv-00870-DWL, 2:21-cv-00880-MTL) (REK)
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| Filing 22 NOTICE of Filing - Copyright, Trademark or Patent Information filed by ReBath LLC. (Buckley, Michelle) |
| Filing 21 MOTION to Consolidate Cases by ReBath LLC. (Attachments: #1 Text of Proposed Order) (Associated Cases: CV-21-00870-DWL,CV-21-00880-MTL) (Buckley, Michelle) |
| Filing 20 NOTICE OF DEFICIENCY re: #19 MOTION to Transfer Related Case and Consolidate Related Cases filed by ReBath LLC. Description of deficiency: The incorrect event (Motion to Transfer Related Case was used. Please re-file the document using the Motion to Consolidate Cases located under the LR42 Motions category. Please see the attached set of step by step instructions to complete the filing. (REK) |
| Remark: Pro hac vice motion(s) granted for Jess A Dance on behalf of Plaintiff ReBath LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 19 MOTION to Transfer Related Case and Consolidate Related Cases by ReBath LLC. (Attachments: #1 Text of Proposed Order) (Associated Cases: CV-21-00870-PHX-DWL,CV-21-00880-PHX-MTL) (Buckley, Michelle) |
| Filing 18 SERVICE EXECUTED filed by ReBath LLC: Certificate of Service re: Verified Complaint w/Exhs 1-4; Summons; Motion for TRO & Proposed Order; Preliminary Order; Order; Corporate Disclosure Statement upon Norman Christopher Woods on May 20, 2021. (Buckley, Michelle) |
| Filing 17 SERVICE EXECUTED filed by ReBath LLC: Certificate of Service re: Verified Complaint w/Exhs 1-4; Summons; Motion for TRO & Proposed Order; Preliminary Order; Order; Corporate Disclosure Statement upon Foothills Service Solutions Co. dba Re-Bath of Charlotte on May 20, 2021. (Buckley, Michelle) |
| Remark: Pro hac vice motion(s) granted for Leonard H MacPhee on behalf of Plaintiff ReBath LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 16 Summons Reissued as to Foothills Service Solutions Company. (BAS) |
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Filing 15
ORDER: The Court has reviewed Plaintiff's motion for temporary restraining order and preliminary injunction with notice ("TRO motion"). (Doc. #13 .) IT IS ORDERED that Plaintiff shall serve Defendants with the complaint, summons, TRO motion, and this Order as soon as practicable, and in any case by May 21, 2021. IT IS FURTHER ORDERED that Defendants shall file a response to Plaintiff's TRO motion by 5:00 p.m. on May 28, 2021. IT IS FURTHER ORDERED that Plaintiff may file a reply by 5:00 p.m. on June 1, 2021. IT IS FURTHER ORDERED setting a telephonic hearing on Plaintiff's TRO motion on June 3, 2021, at 3:00 p.m. (Arizona time). Each side shall have 30 minutes to make legal argument to the Court. Counsel are directed to call (866) 390-1828; Access code: 9667260. Counsel are advised that speaker phones are not permitted. Signed by Judge Dominic W Lanza on 5/18/21. (MAW)
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Filing 14
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant (s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on August 17, 2021, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 5/18/21. (MAW)
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| Filing 13 *MOTION for Temporary Restraining Order With Notice, MOTION for Preliminary Injunction by ReBath LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting TRO and Preliminary Injunction)(Buckley, Michelle). *Added MOTION for Preliminary Injunction on 5/19/2021 (REK). |
| Filing 12 Corporate Disclosure Statement by ReBath LLC. (Buckley, Michelle) |
| Filing 11 SUMMONS Submitted by ReBath LLC. (Buckley, Michelle) |
| Filing 10 Summons Issued as to Foothills Service Solutions Company, Norman Christopher Woods. (Attachments: #1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 9 SUMMONS Submitted by ReBath LLC. (Buckley, Michelle) |
| Filing 8 SUMMONS Submitted by ReBath LLC. (Buckley, Michelle) |
| Filing 7 Additional Attachments to Main Document re: #1 Complaint Civil Cover Sheet by Plaintiff ReBath LLC. (Buckley, Michelle) |
| Filing 6 Additional Attachments to Main Document re: #1 Complaint Exhibits 1-4 by Plaintiff ReBath LLC. (Buckley, Michelle) |
| 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)(JAM) |
| Filing 4 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 ReBath LLC. (JAM) |
| Filing 3 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by ReBath LLC. 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 refile corrected 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. (JAM) |
| Filing 2 Filing fee paid, receipt number 0970-19473629. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-21-870-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19473629 filed by ReBath LLC. (Buckley, Michelle) (JAM) |
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