Passport Health, Inc. v. Travel Med Inc. et al
Plaintiff: Passport Health, Inc.
Defendant: Travel Med, Inc. and Gina Flaharty
Case Number: 2:2009cv01753
Filed: June 25, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Garland E. Burrell
Presiding Judge: John F. Moulds
Nature of Suit: None
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
April 16, 2012 Opinion or Order Filing 142 ORDER signed by Judge Garland E. Burrell, Jr. on 4/13/2012 ORDERING 132 Plaintiffs request for an injunction is DENIED. Plaintiff's request for a Post-Judgment order is DENIED. (Reader, L)
December 15, 2011 Opinion or Order Filing 123 ORDER signed by Magistrate Judge John F. Moulds on 12/13/2011 GRANTING 116 Application for Appearance and Examination as to Gina Flaharty, individual filed by Passport Health, Inc. Hearing set for 1/12/2012 at 11:00 AM, 8th floor courtroom #26 before Magistrate Judge John F. Moulds. (Reader, L)
December 14, 2011 Opinion or Order Filing 121 ORDER signed by Judge Garland E. Burrell, Jr on 12/14/11 ORDERING that Plaintiff is awarded $175,712.48 in attorneys' fees and costs. (Becknal, R)
September 6, 2011 Opinion or Order Filing 81 FINDINGS of FACT and CONCLUSIONS of LAW signed by Judge Garland E. Burrell, Jr., on 9/6/11. Travel Medand Flaharty are jointly and severally required to pay Passport Health $279,798.56 in damages for breach of the Franchise Agreement and for breach of the Guarantee. Passport Health is awarded $157,110.18 from Travel Med for the Trademark Infringement claim. Judgment shall be entered in favor of Plaintiff Passport Health, Inc. CASE CLOSED (Kastilahn, A)
April 1, 2011 Opinion or Order Filing 73 ORDER signed by Judge Garland E. Burrell, Jr. on 4/1/2011 ORDERING that Dfts counterclaim is DISMISSED. If the parties waive their right to a jury trial, each party shall file a document in which this is stated no later than 4:00 p.m. on 4/4/2011, and shall submit proposed prevailing party findings of fact and conclusions of law on the damages issues no later than seven court days before the trial commencement date. (Zignago, K.)
February 10, 2011 Opinion or Order Filing 60 ORDER signed by Judge Garland E. Burrell, Jr. on 2/9/2011 GRANTING in part and DENYING in part plaintiffs' 39 Motion for Summary Judgment. Further, plaintiffs Request for Permanent Injunction is GRANTED as follows: defendants, their officers, agents, servants, employees, attorneys, and all other persons who are in active concert or participation with them, are PERMANENTLY ENJOINED from using Passport Health trademark, including use of www.passporthealthnca.com domain name. Defendants shal l transfer www.passporthealthnca.com domain name to Passport Health w/in 10 days after this Order is filed. Pursuant to parties' agreement during hearing on Motion Sub Judice, defendants shall deliver to Passport Health all refrigerator magnets and yard signs with Passport Health trademark and Passport Health's operations manual w/in 10 days after Judgment is entered in this matter. However, if this case is resolved without entry of Judgment, the referenced delivery shall be w/in 10 days that resolution of action. (Marciel, M)
October 12, 2010 Opinion or Order Filing 53 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/8/10 ORDERING the hearing date on Plaintiff PASSPORT HEALTH, INC.'s Motion for Partial Summary Judgment 39 reset by one week, to 11/8/10, or as soon thereafter as the motion may be heard, and to extend the deadline for Plaintiff PASSPORT HEALTH, INC. to file its reply brief, by one week, to 10/19/10. (Becknal, R)
May 11, 2010 Opinion or Order Filing 35 ORDER signed by Judge Garland E. Burrell, Jr on 5/11/10 GRANTING in part and DENYING in part Counter-Deft's 30 Motion to Dismiss. Counter-Claimant's dismissed claims are DISMISSED without leave to amend. (Owen, K)
November 16, 2009 Opinion or Order Filing 28 ORDER signed by Judge Garland E. Burrell, Jr on 11/13/09 ORDERING that Passport's MOTION to Dismiss Counter-Claimants' Counterclaim 17 is GRANTED and counterclaim is DISMISSED. However, Counter-Claimants are GRANTED ten (10) days from the date on which this order is filed within which to file an amended counterclaim curing any deficiencies in a claim that is not dismissed with prejudice. (Mena-Sanchez, L)
October 7, 2009 Opinion or Order Filing 23 ORDER signed by Judge Garland E. Burrell, Jr on 10/6/09 ORDERING that Plaintiff's attorney JENNIFER M. LANTZ and/or HAYNES AND BOONE, LLP, is sanctioned four hundred fifty dollars ($450.00) for failure to timely file a status report. This s anction shall be paid to the Clerk of this Court within ten (10) days from the date on which this Order is filed by a check made payable to the "United States Treasury." Proof of payment shall be sent to the undersigned judges chambers within five (5) days of payment. This sanction is personal to counsel or her law firm and shall not be transmitted to counsel's client. (Becknal, R)
September 18, 2009 Opinion or Order Filing 16 ORDER to SHOW CAUSE and ORDER CONTINUING STATUS CONFERENCE signed by Judge Garland E. Burrell, Jr on 9/18/09 ORDERING the plaintiff to SHOW CAUSE in writing no later than 4:00pm on 10/5/09, why sanctions should not be imposed against him and/or his counsel for failure to file a timely status report. The Scheduling Conference is CONTINUED for 10/19/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Donati, J)
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Plaintiff: Passport Health, Inc.
Represented By: Jennifer M. Lantz
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Defendant: Travel Med, Inc.
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Defendant: Gina Flaharty
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