Trimr v. Perfectshakers.com
| Trimr |
| Perfectshakers.com |
| 1:2018cv01640 |
| October 23, 2018 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 28, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Pro Hac Vice Attorney Trevor C. Lang and Erik A. Olson for Trimr added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
Filing 29
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 12/14/2018. (dlw)
|
| Filing 28 ANSWER to #20 Answer to Complaint, Counterclaim by Trimr.(Farnan, Brian) |
| Filing 27 MOTION for Pro Hac Vice Appearance of Attorney Erik A. Olson and Trevor C. Lang - filed by Trimr. (Farnan, Brian) |
|
SO ORDERED re #27 MOTION for Pro Hac Vice Appearance of Attorney Erik A. Olson and Trevor C. Lang filed by Trimr. ORDERED by Judge Maryellen Noreika on 12/10/2018. (dlw)
|
| Filing 26 STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Counterclaims to 12/14/2018 - filed by Trimr. (Farnan, Brian) |
|
SO ORDERED re #26 STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Counterclaims to 12/14/2018 (Set/Reset Answer Deadlines - Trimr answer to counterclaim due 12/14/2018). ORDERED by Judge Maryellen Noreika on 11/28/2018. (dlw)
|
| Filing 25 Letter to The Honorable Maryellen Noreika from Brian E. Farnan regarding Status Report. (Farnan, Brian) |
| Filing 24 NOTICE of Appearance by Michael J. Farnan on behalf of Trimr (Farnan, Michael) |
| Filing 23 NOTICE of Appearance by Brian E. Farnan on behalf of Trimr (Farnan, Brian) |
| Pro Hac Vice Attorney Jessica S. Rutherford for Perfectshakers.com added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) |
| Filing 22 MOTION for Pro Hac Vice Appearance of Attorney Edmund J. Ferdinand, III, and Jessica S. Rutherford - filed by Perfectshakers.com. (Pazuniak, George) |
| Filing 21 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Perfectshakers.com. (Pazuniak, George) |
| Filing 20 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Trimr by Perfectshakers.com.(Pazuniak, George) |
| Pro Hac Vice Attorney Edmund J. Ferdinand, III for Perfectshakers.com added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) |
|
SO ORDERED re #22 MOTION for Pro Hac Vice Appearance of Attorney Edmund J. Ferdinand, III, and Jessica S. Rutherford filed by Perfectshakers.com. ORDERED by Judge Maryellen Noreika on 11/9/2018. (dlw)
|
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 19 Local Counsel Letter sent. Notice of Compliance deadline set for 11/23/2018. (nmg) |
| Filing 18 Record of case transferred in from District of Utah; Case Number in Other District: 2:18-cv-00364. Copy of Docket Sheet and original file |
|
Filing 17
ORDER denying #8 Motion to Dismiss; granting #8 Motion to Change Venue to the USDC for the District of Delaware. Signed by Judge Tena Campbell on 10/22/18 (alt) [Transferred from Utah on 10/23/2018.]
|
| Filing 16 Minute Entry for proceedings held before Judge Tena Campbell: Status Conference held on 10/22/2018. Counsel are present. The court hears from Ms. Swenson on behalf of the defendant. She advises the court that the defendant will stipulate to a transfer of venue to the District Court of Delaware. The court finds that in the interest of justice and judicial economy, a transfer is justified. The court will prepare a brief order and the clerk of the court will transfer this case to the District of Delaware. Attorney for Plaintiff: Romaine C. Marshall, Karina Sargsian, Attorney for Defendant: Lara A. Swenson. Court Reporter: Ed Young.(cff) [Transferred from Utah on 10/23/2018.] |
| Filing 15 MEMORANDUM in Opposition re #8 MOTION to Dismiss and Memorandum in Support Amended Complaint for Improper Venue or, in the Alternative, to Transfer Action to the District of Delaware filed by Plaintiff Trimr. (Attachments: #1 Exhibit Docket, #2 Exhibit Performa Co. Likedin, #3 Exhibit 10-11-18 E-mail, #4 Exhibit PerfectShakers Website, #5 Exhibit Terms of Use PerformaBrand, #6 Exhibit Terms of Use www.thepreformacompany, #7 Exhibit N. Delight Likedin, #8 Exhibit Thompson Likedin, #9 Exhibit Facebook Performa History, #10 Exhibit Performa Company main web page, #11 Exhibit Performa Company overview, #12 Exhibit 5-17-18 E-mail)(Marshall, Romaine) [Transferred from Utah on 10/23/2018.] |
| Filing 14 NOTICE OF HEARING: (Notice generated by chambers) Status Conference set for 10/22/2018 at 11:00 AM in Rm 3.400 before Judge Tena Campbell. (cff) [Transferred from Utah on 10/23/2018.] |
| Filing 13 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Tena Campbell. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (jwt) [Transferred from Utah on 10/23/2018.] |
| Filing 12 RECEIVED Consent/Reassignment Form from Plaintiff Trimr. (jwt) [Transferred from Utah on 10/23/2018.] |
| Filing 11 RECEIVED Consent/Reassignment Form from Defendant Perfectshakers.com. (las) [Transferred from Utah on 10/23/2018.] |
| Filing 10 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendant Perfectshakers.com, Plaintiff Trimr. Form due by 10/4/2018. (las) [Transferred from Utah on 10/23/2018.] |
| Filing 9 NOTICE OF ADR, e-mailed or mailed to Defendant Perfectshakers.com, Plaintiff Trimr. (las) [Transferred from Utah on 10/23/2018.] |
| Filing 8 MOTION to Dismiss MOTION to Change Venue and Memorandum in Support filed by Defendant Perfectshakers.com. (Attachments: #1 Affidavit of Daniel Lacy in Support of Motion to Dismiss) Attorney Lara A. Swensen added to party Perfectshakers.com(pty:dft)(Swensen, Lara). Added MOTION to Change Venue and corrected entry text on 10/22/2018 (alt) [Transferred from Utah on 10/23/2018.] |
| Filing 7 WAIVER OF SERVICE Returned Executed filed by Trimr as to Perfectshakers.com Waiver sent on 7/20/2018, answer due 9/18/2018. (Sargsian, Karina) [Transferred from Utah on 10/23/2018.] |
| Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Perfectshakers.com. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) [Transferred from Utah on 10/23/2018.] |
| Filing 5 AMENDED COMPLAINT against Perfectshakers.com. filed by Trimr. (Attachments: #1 Exhibit Ex A - US Patent, #2 Exhibit Ex B - TRIMR trade dress, #3 Exhibit Ex C - Mutual General Nondisclosure Agreement, #4 Exhibit Ex D - Perfect Shaker Slim bottle, #5 Exhibit Ex E - 9/22/16 correspondence, #6 Exhibit Ex F - 12/29/16 correspondence, #7 Exhibit Ex G - Shakers) (Marshall, Romaine) [Transferred from Utah on 10/23/2018.] |
|
Filing 4
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Evelyn J. Furse on 5/4/2018. (las) [Transferred from Utah on 10/23/2018.]
|
| Filing 3 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (nl) [Transferred from Utah on 10/23/2018.] |
| Filing 2 COMPLAINT against Perfectshakers.com (Filing fee $ 400, receipt number 1088-2995532) filed by Trimr. (Attachments: #1 Exhibit A - U.S. Patent No. 9,839,888, #2 Exhibit B - Representative advertisements, #3 Exhibit C - Mutual General Nondisclosure Agreement, #4 Exhibit D - Perfect Shaker Slim bottle, #5 Exhibit E - 9-22-16 letter, #6 Exhibit F - 12-29-16 letter, #7 Exhibit G - Advertisements, #8 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Evelyn J. Furse (Sargsian, Karina) [Transferred from Utah on 10/23/2018.] |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiff Trimr is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nl) [Transferred from Utah on 10/23/2018.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Delaware District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
