Turner's Outdoors Incorporated v. Outdoorsmans Resale Incorporated
| Turner's Outdoors Incorporated |
| Outdoorsmans Resale Incorporated |
| 2:2023cv02612 |
| December 14, 2023 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Diane J Humetewa |
| Property Rights: Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.
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Filing 38
ORDER: IT IS ORDERED the Rule 16 Scheduling Conference set for February 13, 2024 is VACATED and RESET for February 20, 2024 at 11:30 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. The parties are directed to file an Amended Rule 26(f) Report that includes proposed discovery deadlines by February 13, 2023. The remainder of the Court's Order (Doc. #33 ) is otherwise affirmed. ORDERED by Judge Diane J Humetewa on 2/7/2024. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 37 REPORT of Rule 26(f) Planning Meeting by Turner's Outdoors Incorporated. (Davis, Derrick) |
| Filing 36 Mail Returned as Undeliverable. Mail sent to Attorney Edwin Wheeler. Reason for return: No such street. Document number #32 and #33 . (DXD) |
| Filing 35 NOTICE OF ATTORNEY APPEARANCE: Spencer R. Keller appearing for Turner's Outdoors Incorporated. Spencer R. Keller. (Keller, Spencer) |
| Filing 34 Mail Returned as Undeliverable. Mail sent to Edwin Hill Wheeler. Reason for return: Temporarily Away/ Unable to forward. Document number #30 and #31 . (DXD) |
| Remark: Out of state attorneys Raj Vasant Abhyanker and Edwin Hill Wheeler terminated as counsel of record for noncompliance with admission 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) |
| Remark: Pro hac vice motion(s) granted for Derrick Davis on behalf of Plaintiff Turner's Outdoors Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 33
ORDER setting a Rule 16 Scheduling Conference for 2/13/2024 at 10:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 12/14/2023. (See Order for details.) (LFIG)
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Filing 32
ORDER that the parties are advised of the following preliminary policies and procedures that will govern these proceedings as set forth in this Order. Signed by Judge Diane J Humetewa on 12/14/2023. (See Order for details.) (LFIG)
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| Filing 31 NOTICE Re Transfer of 5:23-cv-4735 from the Northern District of California to the District of Arizona. New Case Number: CV-23-2612-PHX-DJH. (MAP) |
| Filing 30 CASE TRANSFERRED IN from District of California Northern; Case Number 5:23-cv-04735 . Original file certified copy of transfer order and docket sheet received |
| Remark: Case file electronically transferred to the US District Court of Arizona. (msr, COURT STAFF) (Filed on 12/14/2023) [Transferred from cand on 12/14/2023.] |
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Filing 29
ORDER Transferring Case to District of Arizona re: #16 Motion to Dismiss and Motion to Transfer Case. Signed by Judge P. Casey Pitts on 12/13/2023. (nmc, COURT USER) (Filed on 12/13/2023) [Transferred from cand on 12/14/2023.]
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| Filing 28 CLERK'S NOTICE VACATING DECEMBER 14, 2023 CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 12/13/2023) [Transferred from cand on 12/14/2023.] |
| Filing 27 REPLY (re #16 MOTION to Dismiss MOTION to Transfer Case ) filed byOutdoorsmans Resale, Inc.. (Marion, Michael) (Filed on 12/11/2023) [Transferred from cand on 12/14/2023.] |
| Filing 26 OPPOSITION/RESPONSE (re #16 MOTION to Dismiss MOTION to Transfer Case ) filed byTurner's Outdoors, Inc.. (Abhyanker, Raj) (Filed on 12/4/2023) [Transferred from cand on 12/14/2023.] |
| Filing 25 ERRATA re Electronic Filing Error, #22 Case Management Statement fixed case number by Turner's Outdoors, Inc.. (Abhyanker, Raj) (Filed on 12/4/2023) [Transferred from cand on 12/14/2023.] |
| Filing 24 ERRATA re #23 Report of Rule 26(f) Planning Meeting, Electronic Filing Error, case caption fixed by Turner's Outdoors, Inc.. (Abhyanker, Raj) (Filed on 12/4/2023) [Transferred from cand on 12/14/2023.] |
| #Electronic filing error. Incorrect PDF attached. Document has a different case number. [err201]This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #22 Case Management Statement filed by Turner's Outdoors, Inc. (mbc, COURT STAFF) (Filed on 12/1/2023) [Transferred from cand on 12/14/2023.] |
| #Electronic filing error. Incorrect PDF attached. Document has a different case number.[err201]This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #23 Report of Rule 26(f) Planning Meeting filed by Turner's Outdoors, Inc. (mbc, COURT STAFF) (Filed on 12/1/2023) [Transferred from cand on 12/14/2023.] |
| Filing 23 REPORT of Rule 26(f) Planning Meeting . (Abhyanker, Raj) (Filed on 11/30/2023) [Transferred from cand on 12/14/2023.] |
| Filing 22 CASE MANAGEMENT STATEMENT filed by Turner's Outdoors, Inc.. (Abhyanker, Raj) (Filed on 11/30/2023) [Transferred from cand on 12/14/2023.] |
| Filing 21 Certificate of Interested Entities by Turner's Outdoors, Inc. identifying Corporate Parent Turners Operations, Inc for Turner's Outdoors, Inc.. (Abhyanker, Raj) (Filed on 11/30/2023) [Transferred from cand on 12/14/2023.] |
| Filing 20 CLERK'S NOTICE RESETTING MOTION HEARING. Motion Hearing as to #16 Motion to Dismiss and Motion to Transfer Case previously set for 12/28/2023 is reset for 1/18/2024 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 11/27/2023) [Transferred from cand on 12/14/2023.] |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Marion, Michael) (Filed on 11/24/2023) [Transferred from cand on 12/14/2023.] |
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Filing 18
ORDER granting #14 Motion for Pro Hac Vice for Michael Marion. Signed by Judge P. Casey Pitts on 11/21/2023. (nmc, COURT USER) (Filed on 11/21/2023) [Transferred from cand on 12/14/2023.]
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| #Electronic filing error. Attorney Edwin Wheeler please update your ECF profile. Docket # 15 has different office address. Re: #15 Notice of Appearance filed by Outdoorsmans Resale, Inc. (kmg, COURT STAFF) (Filed on 11/21/2023) [Transferred from cand on 12/14/2023.] |
| Filing 17 Corporate Disclosure Statement by Outdoorsmans Resale, Inc. (Marion, Michael) (Filed on 11/20/2023) [Transferred from cand on 12/14/2023.] |
| Filing 16 MOTION to Dismiss , MOTION to Transfer Case filed by Outdoorsmans Resale, Inc.. Motion to Dismiss Hearing set for 12/28/2023 10:00 AM in San Jose, Courtroom 8, 4th Floor. Responses due by 12/4/2023. Replies due by 12/11/2023. Motion Hearing set for 12/28/2023 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (Attachments: #1 Declaration of Michael B. Marion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Marion, Michael) (Filed on 11/20/2023) [Transferred from cand on 12/14/2023.] |
| Filing 15 NOTICE of Appearance by Michael B. Marion and Edwin Wheeler (Marion, Michael) (Filed on 11/20/2023) [Transferred from cand on 12/14/2023.] |
| Filing 14 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18855857.) filed by Outdoorsmans Resale, Inc.. (Attachments: #1 Certificate of Good Standing)(Marion, Michael) (Filed on 11/20/2023) [Transferred from cand on 12/14/2023.] |
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Filing 13
ORDER granting #12 Motion for Pro Hac Vice for Derrick M. Davis. Signed by Judge P. Casey Pitts on 9/27/2023. (nmc, COURT USER) (Filed on 9/27/2023) [Transferred from cand on 12/14/2023.]
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| Filing 12 MOTION for leave to appear in Pro Hac Vice of Derrick M. Davis ( Filing fee $ 317, receipt number ACANDC-18681507.) filed by Turner's Outdoors, Inc.. (Attachments: #1 Certificate/Proof of Service Certificate of Good Standing)(Davis, Derrick) (Filed on 9/26/2023) [Transferred from cand on 12/14/2023.] |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by Turner's Outdoors, Inc.. Service waived by Outdoorsmans Resale, Inc. waiver sent on 9/20/2023, answer due 11/20/2023. (Abhyanker, Raj) (Filed on 9/26/2023) [Transferred from cand on 12/14/2023.] |
| Filing 10 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 11/30/2023. Initial Case Management Conference set for 12/14/2023 at 01:00 PM before Judge P. Casey Pitts in San Jose, Courtroom 8, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 9/18/2023) [Transferred from cand on 12/14/2023.] |
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Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge P. Casey Pitts for all further proceedings. Magistrate Judge Peter H Kang no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 09/15/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 9/15/2023) [Transferred from cand on 12/14/2023.]
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| Filing 8 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jaf, COURT STAFF) (Filed on 9/15/2023) [Transferred from cand on 12/14/2023.] |
| Filing 7 Summons Issued as to Outdoorsmans Resale, Inc.. (sec, COURT STAFF) (Filed on 9/15/2023) [Transferred from cand on 12/14/2023.] |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/7/2023. Initial Case Management Conference set for 12/14/2023 10:30 AM in San Francisco, Courtroom F, 15th Floor. (sec, COURT STAFF) (Filed on 9/15/2023) [Transferred from cand on 12/14/2023.] |
| Filing 5 Case assigned to Magistrate Judge Peter H Kang. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/29/2023. (ark, COURT STAFF) (Filed on 9/15/2023) [Transferred from cand on 12/14/2023.] |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Turner's Outdoors, Inc... (Abhyanker, Raj) (Filed on 9/14/2023) [Transferred from cand on 12/14/2023.] |
| Filing 3 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Abhyanker, Raj) (Filed on 9/14/2023) [Transferred from cand on 12/14/2023.] |
| Filing 2 Proposed Summons. (Abhyanker, Raj) (Filed on 9/14/2023) [Transferred from cand on 12/14/2023.] |
| Filing 1 COMPLAINT for DECLARATORY JUDGMENT FOR NON-INFRINGEMENT OF TRADEMARK RIGHTS against Outdoorsmans Resale, Inc. ( Filing fee $ 402, receipt number ACANDC-18645644.). Filed byTurner's Outdoors, Inc.. (Attachments: #1 Civil Cover Sheet)(Abhyanker, Raj) (Filed on 9/14/2023) [Transferred from cand on 12/14/2023.] |
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