Glamour Dolls Incorporated v. Lisa Frank Incorporated et al
| Glamour Dolls Incorporated |
| Lisa Frank |
| Lisa Frank Incorporated |
| 4:2021cv00228 |
| May 27, 2021 |
| US District Court for the District of Arizona |
| Scott H Rash |
| Jacqueline M Rateau |
| Property Rights: Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.
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Filing 68
ORDER the Motion (Doc. #65 ) is GRANTED in part. Plaintiff's counsel is relieved as counsel and shall provide prompt notice of the entry of this Order, together with the name, last known residence and last known telephone number of Plaintiff, to all other parties or their attorneys. IT IS FURTHER ORDERED the Motion (Doc. #65 ) is DENIED in part. This matter is not stayed. Plaintiff has until 6/26/2023 to have new counsel file a notice of appearance. IT IS FURTHER ORDERED "Defendant/Counterclaimant Lisa Frank, Inc. and Defendant Lisa Frank's Motion to Compel Complete Interrogatory Answers" (Doc. #64 ) is DENIED without prejudice. Signed by Judge Scott H Rash on 5/25/2023. (MCO)
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| Filing 67 REPLY to Response to Motion re: #65 MOTION to Withdraw as Attorney Ex Parte filed by Glamour Dolls Incorporated. (Garbar, Marc) |
| Filing 66 RESPONSE to Motion re: #65 MOTION to Withdraw as Attorney RESPONSE TO GLAMOUR DOLLS MOTION FOR SIXTY-DAY STAY OF CASE filed by Lisa Frank, Lisa Frank Incorporated. (Orne, Kyle) |
| Filing 65 *EX PARTE MOTION to Withdraw as Attorney by Glamour Dolls Incorporated. (Attachments: #1 Attachment Plaintiff's Written Consent, #2 Proposed Order Proposed Order)(Garbar, Marc) *Modified to add ex parte designation on 5/23/2023 (JAM). |
| Filing 64 MOTION to Compel COMPLETE INTERROGATORY ANSWERS DEFENDANT/COUNTERCLAIMANT LISA FRANK INC. AND DEFENDANT LISA FRANKS MOTION TO COMPEL COMPLETE INTERROGATORY ANSWERS by Lisa Frank, Lisa Frank Incorporated. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Proposed Order Proposed Order)(Orne, Kyle) |
| Filing 63 MINUTE ENTRY for proceedings held before Judge Scott H Rash: Discussion is held regarding realistic deadline extentions. The Court GRANTS #57 Plaintiff's Motion for Extension of Time to Complete Discovery. The Court ORDERS Plaintiff to produce the requested documents responsive to Defendants' request for production in the requested format no later than 5/19/2023. The deadline to complete fact discovery (including disclosure of fact witnesses) is extended to 6/30/2023. Parties and their representative's depositions shall be completed in person by 6/30/2023. Other witness depositions may proceed by Zoom or other electronic media unless the parties agree otherwise. Plaintiff's experts are to be identified on or before 5/31/2023. Defendants' experts are to be identified on or before 8/7/2023. Plaintiff's expert report is due on or before 7/24/2023. Defendants' expert report is due on or before 8/18/2023. Rebuttal experts are to be identified by 9/18/2023. The deposition deadline for experts is 10/13/2023. Any motions regarding production of discovery from either side is due on or before 5/19/2023. Any responses to such motions will be due 5 days later. Any replies will be due on or before 5/31/2023. Dispositive motions deadline is extended to 8/31/2023. Responses will be due 14 days thereafter; replies due 5 days thereafter. The Joint Proposed Pretrial Order deadline is extended to 11/30/2023 (unless dispositive motions are filed). Parties agree the deadlines set forth are realistic. APPEARANCES: Telephonic appearance by Marc Garbar for Plaintiff Glamour Dolls Incorporated and Counter Defendant Glamour Dolls Incorporated. Telephonic appearance by Kyle Orne and Laura Sixkiller for Defendants Lisa Frank and Lisa Frank Incorporated and Counter Claimant Lisa Frank and Lisa Frank Incorporated. (Court Reporter Anni Bryan.) Hearing held 10:01 AM to 10:50 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DPS) |
| Filing 62 MEMORANDUM JOINT MEMORANDUM REGARDING DISCOVERY STATUS #60 Order Setting Hearing on Motion, by Counter Claimants Lisa Frank, Lisa Frank Incorporated, Defendants Lisa Frank, Lisa Frank Incorporated. (Orne, Kyle) |
| Filing 61 NOTICE of Service of Discovery filed by Lisa Frank, Lisa Frank Incorporated. (Orne, Kyle) |
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Filing 60
ORDER Setting Hearing on Motion #57 First MOTION for Extension of Time to Complete Discovery: Motion Hearing set for 5/3/2023 at 10:00AM (Arizona MST), the parties shall appear telephonically before the Honorable Scott H. Rash. (See attached Order for complete details) Signed by Judge Scott H Rash on 4/6/2023. (MCO)
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| Filing 59 *REPLY TO DEFENDANTS' RESPONSE TO GLAMOUR DOLLS' MOTION FOR EXTENSION OF TIME FOR DISCOVERY END DATE First MOTION for Extension of Time to Complete Discovery by Glamour Dolls Incorporated. (Garbar, Marc) *Modified to correct event type from Motion to Reply to Motion at Doc. 57 on 4/6/2023 (MCO). |
| Filing 58 RESPONSE to Motion re: #57 First MOTION for Extension of Time to Complete Discovery RESPONSE TO GLAMOUR DOLLS MOTION FOR EXTENSION OF TIME FOR DISCOVERY END DATE filed by Lisa Frank, Lisa Frank Incorporated. (Orne, Kyle) |
| Filing 57 First MOTION for Extension of Time to Complete Discovery by Glamour Dolls Incorporated. (Attachments: #1 Proposed Order Proposed Order)(Garbar, Marc) |
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Filing 56
ORDER denying without prejudice the #53 Motion for Extension of Time to Complete Discovery. Plaintiff may refile the motion in compliance with section K of the scheduling order. Signed by Judge Scott H Rash on 3/22/23. (See attached Order for complete details) (JAM)
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| Filing 55 *REPLY to Response to Motion re: #53 First MOTION for Extension of Time to Complete Discovery filed by Glamour Dolls Incorporated. (Garbar, Marc) *Modified to reflect the document is not in compliance with LRCiv 7.1(c)/LRCrim 47.1- Document should be in PDF format and text searchable; attorney notified on 3/21/2023 (JAM). |
| Filing 54 *RESPONSE to Motion re: #53 First MOTION for Extension of Time to Complete Discovery filed by Lisa Frank, Lisa Frank Incorporated. (Orne, Kyle) *Modified to correct event type on 3/20/2023 (JAM). |
| Filing 53 First MOTION for Extension of Time to Complete Discovery by Glamour Dolls Incorporated. (Attachments: #1 Proposed Order)(Garbar, Marc) |
| Filing 52 NOTICE of Service of Discovery filed by Lisa Frank, Lisa Frank Incorporated. (Orne, Kyle) |
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Filing 51
ORDER granting #50 Motion for Protective Order. Signed by Judge Scott H Rash on 2/28/2023. (See attached Order for complete details) (MCO)
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| Filing 50 MOTION for Protective Order Stipulated Motion for Entry of Protective Order by Lisa Frank, Lisa Frank Incorporated. (Attachments: #1 Proposed Order Stipulated Protective Order)(Orne, Kyle) |
| Filing 49 STATUS REPORT Joint Settlement Status Report by Glamour Dolls Incorporated. (Garbar, Marc) |
| Filing 48 NOTICE of Service of Discovery filed by Glamour Dolls Incorporated. (Garbar, Marc) |
| Filing 47 NOTICE of Service of Discovery filed by Lisa Frank, Lisa Frank Incorporated. (Sixkiller, Laura) |
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Filing 46
SCHEDULING ORDER: pursuant to Rule 16(b) of the Federal Rules of Civil Procedure: Discovery due by 5/12/2023. Dispositive motions due by 7/27/2023. Joint Proposed Pretrial Order due by 9/26/2023. Joint Settlement Status Report due by 1/31/2023 and every 90 days thereafter. The Pretrial Conference will be set upon the filing of the Joint Proposed Pretrial Order and the Trial Date in this matter will be set at the Pretrial Conference. (See attached Order for complete details) Signed by Judge Scott H Rash on 10/28/2022. (MCO)
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| Filing 45 REPORT of JOINT CASE MANAGEMENT REPORT by Counter Claimants Lisa Frank, Lisa Frank Incorporated, Defendants Lisa Frank, Lisa Frank Incorporated. (Orne, Kyle) |
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Filing 44
Pursuant to Rule 16 of the Federal Rules of Civil Procedure, IT IS ORDERED setting a telephonic Pretrial Case Management Conference for Friday, 10/28/2022 at 10:00 a.m., before Jesus Alonso, law clerk to the Honorable Scott H. Rash. (See attached Order for complete details) Signed by Judge Scott H Rash on 9/12/2022. (MCO)
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| Filing 43 ANSWER to #28 Amended Complaint ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT AND DEMAND FOR TRIAL BY JURY by Lisa Frank, Lisa Frank Incorporated.(Orne, Kyle) |
| Filing 42 ANSWER to #36 Counterclaim, by Glamour Dolls Incorporated.(Garbar, Marc) |
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Filing 41
ORDER Re: Defendants' Motion to Dismiss First Amended Complaint - Defendant's Motion to dismiss (Doc. #31 ) is GRANTED in-part as to parts of Count One relating to breach of contract for: failing to timely review samples under 2017 Agreement, failing to specify reasons for disapproval under 2017 Agreement, refusing to accept samples for review, seeking a license agreement with third parties, and failing to provide notice and opportunity to cure. These claims are dismissed. Defendant's Motion to dismiss (Doc. #31 ) is DENIED in-part as to parts of Count One relating to breach of contract for: failure to provide artwork, failing to timely review samples under 2016 Agreement, failing to specify reasons for disapproval under 2016 Agreement. Defendant's Motion to dismiss (Doc. #31 ) is DENIED in-part as to Counts Two, Three, Four, Five, Six, Seven, Eight, and Nine. (See attached Order for complete details) Signed by Judge Scott H Rash on 8/4/2022. (MCO)
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Filing 40
ORDER granting #39 Stipulation For Extension of Time To Respond to Counterclaim: Glamour Dolls Incorporated shall file a response to Defendant Lisa Frank, Incorporated's Counterclaim on or before 8/15/2022. Signed by Judge Scott H Rash on 7/15/2022. (MCO)
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| Filing 39 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Glamour Dolls Incorporated. (Attachments: #1 Proposed Order)(Garbar, Marc) |
| Filing 38 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Lisa Frank, Lisa Frank Incorporated. (Orne, Kyle) |
| Filing 37 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 #36 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 (Attachments: #1 AO 121 Form)(JAM) |
| Filing 36 COUNTERCLAIM Defendant/Counterclaimant Lisa Frank, Inc.'s Counterclaim against Glamour Dolls Incorporated filed by Lisa Frank, Lisa Frank Incorporated. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Orne, Kyle) |
| Filing 35 *REPLY re: #31 MOTION to Dismiss for Failure to State a Claim Defendants Motion to Dismiss First Amended Complaint Defendants Reply in Support of their Motion to Dismiss First Amended Complaint by Defendants Lisa Frank, Lisa Frank Incorporated. (Sixkiller, Laura) *Modified to correct event type on 2/22/2022 (JAM). |
| Filing 34 *RESPONSE to Motion re: #31 MOTION to Dismiss for Failure to State a Claim Defendants Motion to Dismiss First Amended Complaint filed by Glamour Dolls Incorporated. (Garbar, Marc) *Modified to reflect document filed with an incorrect case number on 2/10/2022 (ARC). |
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Filing 33
ORDER Granting Stipulation: (Doc. 32) is granted. IT IS FURTHER ORDERED Plaintiff Glamour Dolls Incorporated can file a response to Defendants' Motion to Dismiss on or before Wednesday, February 9, 2022. Signed by Judge Scott H Rash on 1/18/2022. (MCO)
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| Filing 32 STIPULATION re: #31 MOTION to Dismiss for Failure to State a Claim Defendants Motion to Dismiss First Amended Complaint by Glamour Dolls Incorporated. (Attachments: #1 Proposed Order)(Garbar, Marc) |
| Filing 31 MOTION to Dismiss for Failure to State a Claim Defendants Motion to Dismiss First Amended Complaint by Lisa Frank, Lisa Frank Incorporated. (Attachments: #1 Attachment Defendants Certificate of Conferral)(Sixkiller, Laura) |
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Filing 30
ORDERED that the Stipulation (Doc. 29) is granted. IT IS FURTHER ORDERED that Defendants Lisa Frank, Inc. and Lisa Frank may have until and including January 5, 2022 to answer or otherwise respond to the Amended Complaint. Signed by Judge Scott H Rash on 12/17/2021. (MCO)
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| Filing 29 MOTION for Extension of Time to File Response/Reply as to #28 Amended Complaint STIPULATED MOTION FOR EXTENSION OF TIME FOR DEFENDANTS LISA FRANK INC AND LISA FRANK TO RESPOND TO THE AMENDED COMPLAINT by Lisa Frank, Lisa Frank Incorporated. (Attachments: #1 Proposed Order Proposed Order)(Sixkiller, Laura) |
| Filing 28 *AMENDED COMPLAINT against All Defendants filed by Glamour Dolls Incorporated.(Garbar, Marc) *Modified to reflect document was filed with an incorrect case number on 12/10/2021 (MCO). |
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Filing 27
ORDER: IT IS ORDERED Plaintiff's Motion for Leave to File Amended Complaint (Doc. #22 ) is granted. Defendant Lisa Frank Inc.'s Motion to Dismiss Complaint (Doc. #12 ) is denied as moot. Plaintiff shall file its First Amended Complaint on or before Thursday, December 9, 2021. Defendants shall file responsive pleadings to the First Amended Complaint within fourteen days of it being filed. Signed by Judge Scott H Rash on 12/02/2021. (See attached Order for complete information.) (SCA)
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| Filing 26 REPLY to Response to Motion re: #22 MOTION to Amend/Correct #1 Complaint filed by Glamour Dolls Incorporated. (Garbar, Marc) |
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Filing 25
ORDER granting #24 Motion for Extension of Time to File Reply re: #22 MOTION to Amend/Correct #1 Complaint IT IS FURTHER ORDERED Plaintiff Glamour Dolls Incorporated can file a reply memorandum on or before Friday, November 19, 2021. Signed by Judge Scott H Rash on 11/4/2021. (MCO)
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| Filing 24 MOTION for Extension of Time to File Response/Reply as to #23 Response in Opposition to Motion by Glamour Dolls Incorporated. (Attachments: #1 Proposed Order)(Garbar, Marc) |
| Filing 23 RESPONSE in Opposition re: #22 MOTION to Amend/Correct #1 Complaint DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT filed by Lisa Frank, Lisa Frank Incorporated. (Sixkiller, Laura) |
| Filing 22 *MOTION to Amend/Correct #1 Complaint by Glamour Dolls Incorporated. (Attachments: #1 Attachment Memorandum to File, #2 Proposed Order Proposed Order, #3 Exhibit Amended Complaint)(Garbar, Marc) *Modified to reflect document was filed with an incorrect case number on 10/18/2021 (MCO). |
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Filing 21
ORDERED that the Stipulation (Doc. #20 ) is granted. IT IS FURTHER ORDERED that, in the event Plaintiff Glamour Dolls, Inc.'s ("Glamour Dolls") forthcoming, motion for leave to amend is granted (if Glamour Dolls is unable to simply file an amended complaint), Mrs. Frank shall have fourteen (14) days after the granting of such motion or filing of such amended complaint to answer or otherwise respond to the amended complaint. (See attached Order for complete details) Signed by Judge Scott H Rash on 10/1/2021. (MCO)
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| Filing 20 *Stipulated Motion for Extension of Time for Defendant Lisa Frank to Respond to the Complaint by Lisa Frank, Lisa Frank Incorporated. (Attachments: #1 Proposed Order Order Granting Stipulated Motion for Extension of Time for Defendant Lisa Frank to Respond to the Complaint)(Orne, Kyle) *Modified to correct event type and update docket text on 10/4/2021 (SCA). |
| Filing 19 REPLY to Response to Motion re: #12 MOTION to Dismiss Case DEFENDANT LISA FRANK INCS MOTION TO DISMISS COMPLAINT filed by Lisa Frank Incorporated. (Sixkiller, Laura) |
| Filing 18 NOTICE re: Supplemental Certificate of Conferral by Lisa Frank Incorporated re: #12 MOTION to Dismiss Case DEFENDANT LISA FRANK INCS MOTION TO DISMISS COMPLAINT . (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Sixkiller, Laura) |
| Filing 17 RESPONSE in Opposition re: #12 MOTION to Dismiss Case DEFENDANT LISA FRANK INCS MOTION TO DISMISS COMPLAINT filed by Glamour Dolls Incorporated. (Garbar, Marc) |
| Filing 16 SERVICE EXECUTED filed by Glamour Dolls Incorporated: Rule 4 Waiver of Service of Summons. Waiver sent on 08/02/2021 to Lisa Frank . (Garbar, Marc) |
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Filing 15
ORDER granting #14 Motion for Extension of Time to File Response to re: #12 MOTION to Dismiss Case. IT IS FURTHER ORDERED Plaintiff shall file its response to Defendants' Motion to Dismiss on or before Thursday, August 26, 2021. Signed by Judge Scott H Rash on 7/23/2021. (MCO)
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| Filing 14 First MOTION for Extension of Time to File Response/Reply by Glamour Dolls Incorporated. (Attachments: #1 Exhibit)(Garbar, Marc) |
| Filing 13 Corporate Disclosure Statement by Lisa Frank Incorporated. (Sixkiller, Laura) |
| Filing 12 MOTION to Dismiss Case DEFENDANT LISA FRANK INCS MOTION TO DISMISS COMPLAINT by Lisa Frank Incorporated. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Supplement Certificate of Conferral)(Sixkiller, Laura) |
| Filing 11 NOTICE of Availability of a United States Magistrate Judge to Exercise Jurisdiction form re: #8 . (DLC) |
| Filing 10 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Glamour Dolls Incorporated. (Garbar, Marc) |
| Filing 9 Corporate Disclosure Statement by Glamour Dolls Incorporated. (Garbar, Marc) |
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Filing 8
ORDERED: This case is REASSIGNED by random lot to the Honorable Scott H. Rash. Counsel and the parties shall designate all further filings in this case as: CV-21-0228-TUC-SHR Signed by Magistrate Judge Jacqueline M Rateau on 6/1/2021. (MCO)
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| Filing 7 Summons Issued as to Lisa Frank, Lisa Frank Incorporated. (Attachments: #1 Summons)(JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 6 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 Glamour Dolls Incorporated. (JAM) |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Glamour Dolls Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Document not in compliance with LRCiv 7.1(a)(1). No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) |
| Remark: Pro hac vice motion(s) granted for Marc Garbar on behalf of Plaintiff Glamour Dolls Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 4 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 3 Filing fee paid, receipt number 0970-19513754. This case has been assigned to the Honorable Jacqueline M Rateau. All future pleadings or documents should bear the correct case number: CV-21-228-TUC-JR. Magistrate Election form attached. (JAM) |
| Filing 2 SUMMONS Submitted by Glamour Dolls Incorporated. (Garbar, Marc) (Attachments: #1 Summons)(JAM) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19513754 filed by Glamour Dolls Incorporated. (Garbar, Marc) (Attachments: #1 Civil Cover Sheet)(JAM) |
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