It Works Marketing, Inc. v. Melaleuca, Inc., et al
| STEVEN SCHULTZ, JEANIE MCWHORTER, JOSHUA RANKIN, LEA PICCOLI, KIMBERLY BERTOLUCCI, a.k.a. Kimberly McCauley, MELALEUCA, INC., AMBER HOERNER, SARAH RANKIN, ASHLEY OLIVE, BRANDON OLIVE, GENEVEVE SYKES, SEAN SYKES, KELLIE KAUFMAN, MAKENZIE SCHULTZ and KATIE HEROLD |
| IT WORKS MARKETING, INC. |
| 20-13239 |
| August 27, 2020 |
| U.S. Court of Appeals, Eleventh Circuit |
| Trademark |
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ORDER: Motion to voluntarily dismiss appeal filed by Appellants Kimberly Bertolucci, Katie Herold, Sarah Rankin and Joshua Rankin is GRANTED by clerk. [ # 9229306-2 ]; Motion to stay further appellate proceedings is MOOT [ # 9187852-2 ]; Motion to Relinquish Jurisdiction is MOOT [ # 9187852-3 ] [Entered: 11/04/2020 02:44 PM]
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| ENTRY OF DISMISSAL: Pursuant to Appellants Kimberly Bertolucci, Katie Herold, Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Melaleuca, Inc., Ashley Olive, Brandon Olive, Lea Piccoli, Joshua Rankin, Sarah Rankin, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes and Appellee It Works Marketing, Inc.'s motion for voluntary dismissal, FRAP Rule 42 and 11th Cir. R. 42-1(a), the above referenced appeal was duly entered dismissed on this date [Entered: 11/04/2020 02:46 PM] |
| MOTION to voluntarily dismiss appeal filed by Kimberly Bertolucci, Katie Herold, Joshua Rankin and Sarah Rankin. Joint Stipulation of Parties. [9229306-1] [20-13239] (ECF: Kristen Fiore) [Entered: 11/03/2020 08:11 PM] |
| JURISDICTIONAL QUESTION issued as to Kimberly Bertolucci, Katie Herold, Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Melaleuca, Inc., Ashley Olive, Brandon Olive, Lea Piccoli, Joshua Rankin, Sarah Rankin, Makenzie Schultz, Steven Schultz, Geneveve Sykes and Sean Sykes. [Entered: 10/20/2020 03:22 PM] |
| Reply to response filed by Appellants Kimberly Bertolucci, Katie Herold, Joshua Rankin and Sarah Rankin. [20-13239] (ECF: Kristen Fiore) [Entered: 10/02/2020 04:15 PM] |
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ORDER: The motion for extension of time to and including November 5, 2020, in which to file the Appellants' brief is GRANTED, with the appendix due seven days from the filing of the brief. [ # 9194608-2 ] AJ [Entered: 09/25/2020 02:54 PM]
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| APPEARANCE of Counsel Form filed by It Works Marketing, Inc. John C.C. Sanders, Jr. for It Works Marketing, Inc.. [20-13239] (ECF: John Sanders) [Entered: 09/25/2020 02:50 PM] |
| Public Communication: John Sanders - The clerk may not process filings from an attorney until that attorney files an appearance form. See 11th Cir. R. 46-6. Appearance of counsel forms are available on the court's website www.ca11.uscourts.gov. [Entered: 09/25/2020 02:20 PM] |
| APPEARANCE of Counsel Form filed by It Works Marketing, Inc. Hayden Lawson Duffy for It Works Marketing, Inc.. [20-13239] (ECF: Hayden Duffy) [Entered: 09/25/2020 03:20 PM] |
| APPEARANCE of Counsel Form filed by It Works Marketing, Inc. Katrina G. Eash for It Works Marketing, Inc.. [20-13239] (ECF: Katrina Eash) [Entered: 09/25/2020 03:18 PM] |
| RESPONSE to Motion filed by Appellants Kimberly Bertolucci, Katie Herold, Joshua Rankin and Sarah Rankin [ # 9187852-2 ], Motion filed by Appellants Kimberly Bertolucci, Katie Herold, Joshua Rankin and Sarah Rankin [ # 9187852-3 ] filed by Attorney Ernest Joseph Marquart for Appellee It Works Marketing, Inc.. [20-13239] (ECF: Ernest Marquart) [Entered: 09/25/2020 05:09 PM] |
| APPEARANCE of Counsel Form filed by It Works Marketing, Inc. Rachel Koehn for It Works Marketing, Inc.. [20-13239] (ECF: Rachel Koehn) [Entered: 09/25/2020 03:24 PM] |
| APPEARANCE of Counsel Form filed by It Works Marketing, Inc. John T. Sullivan for It Works Marketing, Inc.. [20-13239] (ECF: John Sullivan) [Entered: 09/25/2020 03:22 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by It Works Marketing, Inc. - Appellee Attorney John C.C. Sanders, Jr. for Appellee It Works Marketing, Inc.. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). [20-13239] (ECF: John Sanders) [Entered: 09/24/2020 04:59 PM] |
| MOTION for extension of time to file appellant's brief to 11/05/2020 filed by Kimberly Bertolucci, Katie Herold, Joshua Rankin and Sarah Rankin. Motion is Unopposed. [9194608-1] [20-13239] (ECF: Kristen Fiore) [Entered: 09/22/2020 07:30 PM] |
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ORDER: The motion to appear pro hac vice filed by Katrina G. Eash is GRANTED. (CK) [9189317-2] [Entered: 09/16/2020 12:54 PM]
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ORDER: The motion to appear pro hac vice filed by John C.C. Sanders, Jr. is GRANTED. (CK) [9189292-2] [Entered: 09/16/2020 12:46 PM]
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ORDER: The motion to appear pro hac vice filed by Hayden Lawson Duffy is GRANTED. (CK) [9189414-2] [Entered: 09/16/2020 02:06 PM]
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ORDER: The motion to appear pro hac vice filed by Rachel Koehn is GRANTED. (CK) [9189434-2] [Entered: 09/16/2020 02:14 PM]
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ORDER: The motion to appear pro hac vice filed by John T. Sullivan is GRANTED. (CK) [9189442-2] [Entered: 09/16/2020 02:19 PM]
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| MOTION to appear pro hac vice filed by Attorney John T. Sullivan for Appellee It Works Marketing, Inc. [9189442-1] [Entered: 09/16/2020 02:18 PM] |
| MOTION to appear pro hac vice filed by Attorney Rachel Koehn for Appellee It Works Marketing, Inc. [9189434-1] [Entered: 09/16/2020 02:13 PM] |
| APPEARANCE of Counsel Form filed by Jeffrey Bruce Fabian for It Works Marketing, Inc.. [20-13239] (ECF: Jeffrey Fabian) [Entered: 09/15/2020 02:18 PM] |
| APPEARANCE of Counsel Form filed by Ernest Joseph Marquart for It Works Marketing, Inc.. [20-13239] (ECF: Ernest Marquart) [Entered: 09/15/2020 12:53 PM] |
| MOTION to stay further appellate proceedings, to Relinquish Jurisdiction filed by Kimberly Bertolucci, Katie Herold, Joshua Rankin and Sarah Rankin. Opposition to Motion is Unknown. [9187852-1] [20-13239] (ECF: Kristen Fiore) [Entered: 09/15/2020 12:26 PM] |
| Civil Appeal Statement filed by Attorney Robert J. Stovash for Appellants Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes and Sean Sykes. [20-13239] (ECF: Robert Stovash) [Entered: 09/15/2020 04:29 PM] |
| MOTION to appear pro hac vice filed by Attorney John C.C. Sanders, Jr. for Appellee It Works Marketing, Inc.. [9189292-1] [Entered: 09/16/2020 12:38 PM] |
| MOTION to appear pro hac vice filed by Attorney Hayden Lawson Duffy for Appellee It Works Marketing, Inc. [9189414-1] [Entered: 09/16/2020 02:05 PM] |
| MOTION to appear pro hac vice filed by Attorney Katrina G. Eash for Appellee It Works Marketing, Inc. [9189317-1] [Entered: 09/16/2020 12:52 PM] |
| TRANSCRIPT INFORMATION form filed by Attorney John Larry Dicks, II for Appellants Kimberly Bertolucci, Sarah Rankin and Joshua Rankin. No hearings. [Entered: 09/11/2020 11:31 AM] |
| Briefing Notice issued to Appellants Kimberly Bertolucci, Katie Herold, Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Melaleuca, Inc., Ashley Olive, Brandon Olive, Lea Piccoli, Joshua Rankin, Sarah Rankin, Makenzie Schultz, Steven Schultz, Geneveve Sykes and Sean Sykes. The appellants' briefs are due on or before 10/06/2020. The appendix is due no later than 7 days from the filing of the appellants' briefs. [Entered: 09/11/2020 03:55 PM] |
| NOTICE OF CIP FILING DEFICIENCY to Attorneys for Appellants you are receiving this notice because you have not completed the Web-Based Stock Ticker Symbol CIP via the court's public web-page AND have not filed the CIP via the electronic filing system (CM/ECF). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. [Entered: 09/11/2020 04:01 PM] |
| APPEARANCE of Counsel Form filed by Mr. Douglas C. Dreier for Melaleuca, Inc.. [20-13239] (ECF: Douglas Dreier) [Entered: 09/10/2020 12:41 PM] |
| APPEARANCE of Counsel Form filed by Robert J. Stovash for Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes and Sean Sykes. [20-13239] (ECF: Robert Stovash) [Entered: 09/10/2020 12:04 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Kristen Marie Fiore for Appellants Kimberly Bertolucci, Katie Herold, Joshua Rankin and Sarah Rankin. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). [20-13239] (ECF: Kristen Fiore) [Entered: 09/10/2020 04:03 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Mr. Douglas C. Dreier for Appellant Melaleuca, Inc.. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). [20-13239] (ECF: Douglas Dreier) [Entered: 09/10/2020 12:54 PM] |
| TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Kristen Marie Fiore for Appellants Kimberly Bertolucci, Katie Herold, Joshua Rankin and Sarah Rankin. No hearings. [20-13239] (ECF: Kristen Fiore) [Entered: 09/10/2020 04:45 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). [20-13239] (ECF: Robert Stovash) [Entered: 09/10/2020 04:48 PM] |
| APPEARANCE of Counsel Form filed by Kristen M. Fiore for Kimberly Bertolucci a/k/a Kimberly McCauley, Katie Herold, Joshua Rankin, and Sarah Rankin [20-13239] (ECF: Kristen Fiore) [Entered: 09/08/2020 10:03 AM] |
| APPEARANCE of Counsel Form filed by John L. Dicks II for Kimberly Bertolucci a/k/a Kimberly McCauley, Katie Herold, Joshua Rankin, and Sarah Rankin John Larry Dicks, II for Kimberly Bertolucci, Joshua Rankin and Sarah Rankin. [20-13239] (ECF: John Dicks) [Entered: 09/08/2020 11:22 AM] |
| Appellate fee was paid on 08/26/2020 as to Appellant Kimberly Bertolucci. [Entered: 09/01/2020 11:16 AM] |
| CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellants Kimberly Bertolucci, Katie Herold, Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Melaleuca, Inc., Ashley Olive, Brandon Olive, Lea Piccoli, Joshua Rankin, Sarah Rankin, Makenzie Schultz, Steven Schultz, Geneveve Sykes and Sean Sykes on 08/26/2020. Fee Status: Fee Paid. Awaiting Appellant's Certificate of Interested Persons due on or before 09/10/2020 as to Appellants Kimberly Bertolucci, Melaleuca, Inc. and Amber Hoerner. Awaiting Appellee's Certificate of Interested Persons due on or before 09/24/2020 as to Appellee It Works Marketing, Inc. [Entered: 09/01/2020 11:10 AM] |
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