Affinity Family Care LLC v. Affinity Home Health Services LP et al
Plaintiff: Affinity Family Care LLC
Defendant: Affinity Home Health Services LP, Joe Montagna and Leann Williams
3Rd Party Defendant: Affinity Home Health Care LLC and Tracy Stewart
Case Number: 2:2023cv02333
Filed: November 7, 2023
Court: US District Court for the District of Arizona
Presiding Judge: Alison S Bachus
Referring Judge: Diane J Humetewa
Nature of Suit: Property Rights: Trademark
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 4, 2024 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 #23 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. (EJA)
January 2, 2024 Filing 23 ANSWER to #1 Complaint, with Jury Demand , THIRD PARTY COMPLAINT against Affinity Home Health Care, LLC, Tracy Stewart, COUNTERCLAIM against Affinity Family Care LLC by Joe Montagna, Affinity Home Health Services LP, Leann Williams. (Attachments: #1 Exhibit Exhibit A to Answer, #2 Exhibit Exhibit B to Counterclaim and Third-Party Complaint, #3 Exhibit Exhibit C to Counterclaim and Third-Party Complaint)(Ticen, Paul)
December 1, 2023 Filing 22 NOTICE re: Concerning Status of Settlement Negotiations Pursuant to Court Order by Affinity Family Care LLC re: #20 Order,,,, Set/Reset Hearings,,, . (Motolenich-Salas, Kenneth)
December 1, 2023 Filing 21 NOTICE re: of Service of Court Orders Setting Rule 16 Scheduling Conference (Doc. 20) and Setting Forth Governing Rules of the Case (Doc. 19) by Affinity Family Care LLC re: #20 Order,,,, Set/Reset Hearings,,, #19 Order,,, Set Deadlines,, (service effectuated December 1, 2023). (Motolenich-Salas, Kenneth)
December 1, 2023 Opinion or Order Filing 20 ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Scheduling Conference is set for January 29, 2024 at 9:00 a.m. in Courtroom 605, Sandra Day O'Connor United States Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003. The parties are directed to meet and confer at least 21 days before the Scheduling Conference as Fed.R.Civ.P. 26(f) requires. The plaintiff shall file the Joint Case Management Report with the Clerk not less than seven (7) days before the Rule 16 Scheduling Conference. IT IS FINALLY ORDERED that Plaintiff(s) shall serve a copy of this order upon any Defendant(s) who have not yet appeared and shall file notice of service. See document for complete details. Signed by Judge Diane J Humetewa on 11/30/23. (KLG)
December 1, 2023 Opinion or Order Filing 19 ORDER: Plaintiff(s) must file proof of service of the summons and complaint or of waiver of service with the Clerk of Court no later than February 4, 2024. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. Unless the Court orders otherwise, on February 5, 2024, the Clerk of Court, without further notice, shall terminate any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See document for complete details. Signed by Judge Diane J Humetewa on 11/30/23. (KLG)
December 1, 2023 Opinion or Order Filing 18 ORDER GRANTING the Motion #17 . Defendants shall have through January 3, 2024, to respond to the Complaint. Signed by Judge Diane J Humetewa on 11/30/23. (KLG)
November 28, 2023 Filing 17 Consent MOTION for Extension of Time to File Answer re: #1 Complaint, by Affinity Family Care LLC. (Attachments: #1 Proposed Order)(Motolenich-Salas, Kenneth)
November 28, 2023 Filing 16 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 Diane J Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-23-2333-PHX-DJH. FURTHER ORDERED that the Order to Show Cause Hearing scheduled for December 18, 2023 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
November 27, 2023 Filing 15 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)
November 27, 2023 Opinion or Order Filing 13 ORDER that Affinity Family Care LLC show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 12/18/2023 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
November 27, 2023 Filing 12 SERVICE EXECUTED filed by Affinity Family Care LLC: Acceptance of Service re: Complaint, Summons, and Other Case Initiating Documents upon Leann Williams on November 22, 2023. (Motolenich-Salas, Kenneth)
November 27, 2023 Filing 11 SERVICE EXECUTED filed by Affinity Family Care LLC: Certificate of Service re: Complaint, Summons, and Other Case Initiating Documents upon Joseph Montagna on November 15, 2023. (Motolenich-Salas, Kenneth)
November 27, 2023 Filing 10 SERVICE EXECUTED filed by Affinity Family Care LLC: Certificate of Service re: Complaint, Summons, and Other Case Initiating Documents upon Affinity Home Health Services LP on November 15, 2023. (Motolenich-Salas, Kenneth)
November 8, 2023 Filing 9 NOTICE re: re Clerk's Splitting Up of Exhibit 7 into three parts (Doc. Nos. 1-8, 1-9, 1-10) by Affinity Family Care LLC re: #1 Complaint, . (Motolenich-Salas, Kenneth)
November 8, 2023 Filing 8 NOTICE of Filing - AO 121 Report on the Filing or Determination of an Action Regarding a Patent or Trademark filed by Affinity Family Care LLC. (Motolenich-Salas, Kenneth)
November 8, 2023 Filing 7 Summons Issued as to Affinity Home Health Services LP, Joe Montagna, Leann Williams. (Attachments: #1 Summons, #2 Summons)(SCA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
November 7, 2023 Filing 6 NOTICE of Filing - AO 120 Report on the Filing or Determination of an Action or Appeal Regarding a Copyright filed by Affinity Family Care LLC. (Motolenich-Salas, Kenneth) (SCA)
November 7, 2023 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)(SCA)
November 7, 2023 Filing 4 Filing fee paid, receipt number AAZDC-22467342. This case has been assigned to the Honorable Alison S Bachus. All future pleadings or documents should bear the correct case number: CV-23-02333-PHX-ASB. Magistrate Election form attached. (SCA)
November 7, 2023 Filing 3 SUMMONS Submitted by Affinity Family Care LLC. (Motolenich-Salas, Kenneth) (Attachments: #1 Summons, #2 Summons)(SCA)
November 7, 2023 Filing 2 Corporate Disclosure Statement by Affinity Family Care LLC. (Motolenich-Salas, Kenneth) (SCA)
November 7, 2023 Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-22467342 filed by Affinity Family Care LLC. (Motolenich-Salas, Kenneth) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(SCA)

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Plaintiff: Affinity Family Care LLC
Represented By: Kenneth Michael Motolenich-Salas
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Defendant: Affinity Home Health Services LP
Represented By: Paul David Ticen
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Defendant: Joe Montagna
Represented By: Paul David Ticen
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Defendant: Leann Williams
Represented By: Paul David Ticen
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3rd party defendant: Affinity Home Health Care LLC
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3rd party defendant: Tracy Stewart
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