Holtzman et al v. Village Green Management Company LLC
| City Club Apartments, LLC and Jonathan Holtzman |
| Village Green Management Company LLC |
| 1:2020cv00070 |
| January 17, 2020 |
| US District Court for the District of Delaware |
| Wilmington Office |
| Jennifer L Hall |
| Leonard P Stark |
| Trademark |
| 15 U.S.C. § 1125 |
| Both |
Docket Report
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This docket was last retrieved on March 11, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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ORAL ORDER: IT IS HEREBY ORDERED that the hearing on the pending Motion for Preliminary Injunction (D.I. #47 ) scheduled for Friday, April 3, 2020 at 10:00 a.m. is RESCHEDULED for Friday, April 17, 2020 at 10:00 a.m. in Courtroom (TBD). Ordered by Judge Jennifer L. Hall on 3/10/2020. (nmg)
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| Filing 56 REPLY BRIEF re #47 MOTION for Preliminary Injunction filed by City Club Apartments, LLC, Jonathan Holtzman. (Attachments: #1 Exhibit 1)(Farnan, Michael) |
| Filing 55 NOTICE of Lodging of two copies of Defendants promotional video on USB flash drive by Village Green Management Company LLC (Bordley, Dorronda) |
| Filing 54 DECLARATION re #51 Answering Brief in Opposition (of Alan S. Loewinsohn) by Village Green Management Company LLC. (Attachments: #1 Exhibit 1-5)(Hunter, Travis) |
| Filing 53 DECLARATION re #51 Answering Brief in Opposition (of Diane Batayeh) by Village Green Management Company LLC. (Attachments: #1 Exhibit 1-6)(Hunter, Travis) |
| Filing 52 DECLARATION re #51 Answering Brief in Opposition (of Mark Van Kirk) by Village Green Management Company LLC. (Attachments: #1 Exhibit 1-2)(Hunter, Travis) |
| Filing 51 ANSWERING BRIEF in Opposition re #47 MOTION for Preliminary Injunction filed by Village Green Management Company LLC.Reply Brief due date per Local Rules is 3/10/2020. (Hunter, Travis) |
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Filing 50
ORAL ORDER: IT IS HEREBY ORDERED that, within thirty days, the parties shall jointly prepare and file the following: (i) a proposed Scheduling Order consistent with Judge Hall's "Rule 16 Scheduling Order Non-Patent" up through and including paragraph number 8 (i.e., up to but not including case dispositive motions) and consistent with paragraphs 11-16 of Judge Stark's "Form Scheduling Order - Non-Patent"; and (ii) a letter, not to exceed three pages, setting forth (a) a description of what this case is about; (b) the parties' positions regarding any disputes in the proposed Scheduling Order; and (c) a list of any other issues the parties want to address at the Rule 16 Scheduling Conference. Thereafter, the Court may schedule a Rule 16 Scheduling Conference to be held with Judge Hall. The Scheduling Orders can be found on Judge Hall's and Judge Stark's portions of the District Court's website. ORDERED by Judge Jennifer L. Hall on 2/28/2020. (ceg)
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Filing 49
ORAL ORDER Setting Hearing on Motion: A hearing on the pending Motion for Preliminary Injunction (D.I. #47 ) is scheduled for Friday, April 3, 2020 at 10:00 AM in courtroom (TBD) before Judge Jennifer L. Hall. IT IS FURTHER ORDERED that on or before March 23, 2020, the parties shall file a joint Letter, not to exceed three single-spaced pages, containing the parties' positions regarding the length of the hearing and whether live testimony will be presented, as well as any other issues the parties wish to raise prior to the hearing. The parties shall attach to the letter a joint statement of undisputed facts and a statement of the issues of fact in dispute. ORDERED by Judge Jennifer L. Hall on 2/27/2020. (ceg)
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| Filing 48 OPENING BRIEF in Support re #47 MOTION for Preliminary Injunction filed by City Club Apartments, LLC, Jonathan Holtzman.Answering Brief/Response due date per Local Rules is 3/3/2020. (Attachments: #1 Exhibit A)(Farnan, Brian) |
| Filing 47 MOTION for Preliminary Injunction - filed by City Club Apartments, LLC, Jonathan Holtzman. Motions referred to Jennifer L. Hall.(Farnan, Brian) |
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SO ORDERED, #46 Motion for Pro Hac Vice Appearance of Attorney Marc Lorelli and Alan J. Gocha filed by City Club Apartments, LLC, Jonathan Holtzman. ORDERED by Judge Jennifer L. Hall on 2/18/2020. (ceg)
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| Filing 46 MOTION for Pro Hac Vice Appearance of Attorney Marc Lorelli and Alan J. Gocha - filed by City Club Apartments, LLC, Jonathan Holtzman. Motions referred to Jennifer L. Hall.(Farnan, Brian) |
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Filing 45
ORAL ORDER REFERRING CASE to Magistrate Judge Jennifer L. Hall: IT IS HEREBY ORDERED that the above-captioned case is referred to Magistrate Judge Jennifer L. Hall to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 20-70-LPS-JLH. ORDERED by Judge Leonard P. Stark on 2/11/2020. (ntl)
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| Filing 44 STATEMENT Concerning Trasnferred Case Pursuant to D.Del. LR 81.2 by City Club Apartments, LLC, Jonathan Holtzman. (Farnan, Michael) |
| Filing 43 NOTICE of Appearance by Brian E. Farnan on behalf of City Club Apartments, LLC, Jonathan Holtzman (Farnan, Brian) |
| Filing 42 NOTICE of Appearance by Michael J. Farnan on behalf of City Club Apartments, LLC, Jonathan Holtzman (Farnan, Michael) |
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SO ORDERED, re #41 MOTION for Pro Hac Vice Appearance of Attorney Alan Loewinsohn and Kerry Schonwald filed by Village Green Management Company LLC. Signed by Judge Leonard P. Stark on 1/23/20. (ntl)
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| Pro Hac Vice Attorney Kerry Schonwald for Village Green Management Company LLC 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. (myr) |
| Pro Hac Vice Attorney Alan Loewinsohn for Village Green Management Company LLC 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. (myr) |
| Filing 41 MOTION for Pro Hac Vice Appearance of Attorney Alan Loewinsohn and Kerry Schonwald - filed by Village Green Management Company LLC. (Hunter, Travis) |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Filing 40 NOTICE of Appearance by Dorronda R. Bordley on behalf of Village Green Management Company LLC (Bordley, Dorronda) |
| Filing 39 NOTICE of Appearance by Travis Steven Hunter on behalf of Village Green Management Company LLC (Hunter, Travis) |
| Filing 38 NOTICE of Appearance by Richard Philip Rollo on behalf of Village Green Management Company LLC (Rollo, Richard) |
| Filing 37 Local Counsel Letter sent to the following counsel: Alan J. Gocha, Marc Lorelli, William L. Thompson, Eric Nemeth, Alan S. Loewinsohn and Kerry F. Schonwald on 01/17/2020. Notice of Compliance deadline set for 2/18/2020. (mal) |
| Filing 36 Record of case transferred in from District of Michigan Eastern; Case Number in Other District: 2:19-cv-11150. Copy of Docket Sheet and original file |
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Filing 35
ORDER TRANSFERRING CASE to the District of Delaware. Signed by District Judge Terrence G. Berg. (DPer) [Transferred from Michigan Eastern on 1/17/2020.]
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| Filing 34 RESPONSE to #32 MOTION to Admit Supplemental Evidence re #7 MOTION to Dismiss Plaintiff's Complaint filed by All Plaintiffs. (Gocha, Alan) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 33 Notice of Determination of Motion Without Oral Argument re #32 MOTION to Admit Supplemental Evidence re #7 MOTION to Dismiss Plaintiff's Complaint (AChu) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 32 MOTION to Admit Supplemental Evidence re #7 MOTION to Dismiss Plaintiff's Complaint by Village Green Management Company LLC. (Attachments: #1 Exhibit A) (Loewinsohn, Alan) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 31 NOTICE by City Club Apartments, LLC, Jonathan Holtzman re #30 Declaration, of Objection to Supplemental Declaration (Gocha, Alan) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 30 DECLARATION by Mark Van Kirk re #7 MOTION to Dismiss filed by Village Green Management Company LLC (Attachments: #1 Exhibit 1 - Village Green Holding LLC - Transaction Agreement - 2011.12.09, #2 Exhibit 2 - VGMC Corporate Formation Docs, #3 Exhibit 3 - Redemption Agreement (executed), #4 Exhibit 4 - VG Mgmt Agmt Termination Notice for ECA, PCA, and CWE, #5 Exhibit 5 - Management Agreement for 800) (Loewinsohn, Alan) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 29 NOTICE OF HEARING on #15 MOTION for Preliminary Injunction, #7 MOTION to Dismiss. Motion Hearing set for 10/31/2019 01:30 PM before District Judge Terrence G. Berg (AChu) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 28 REPLY to Response re #15 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: #1 Index of Exhibits Declaration of Alan J. Gocha, #2 Exhibit 1 - Literally False Table, #3 Exhibit 2 - Preliminary Injunction Timeline, #4 Exhibit 3 - August 13, 2016 Why Village Green Archive, Web.Archive.Org, #5 Exhibit 4 - October 11, 2019 Village Green Celebrates 100 Years! YouTube printout) (Lorelli, Marc) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 27 Notice of Determination of Motion Without Oral Argument re #23 MOTION for Leave to File Sur-Reply to Defendant's Reply in Support of its Motion to Dismiss (AChu) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 26 RESPONSE to #23 MOTION for Leave to File Sur-Reply to Defendant's Reply in Support of its Motion to Dismiss filed by Village Green Management Company LLC. (Loewinsohn, Alan) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 25 NOTICE of Appearance by William L. Thompson on behalf of Village Green Management Company LLC. (Thompson, William) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 24 NOTICE of Appearance by Eric Nemeth on behalf of Village Green Management Company LLC. (Nemeth, Eric) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 23 MOTION for Leave to File Sur-Reply to Defendant's Reply in Support of its Motion to Dismiss by City Club Apartments, LLC, Jonathan Holtzman. (Attachments: #1 Exhibit A - Proposed Sur-reply) (Lorelli, Marc) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 22 RESPONSE to #15 MOTION for Preliminary Injunction filed by Village Green Management Company LLC. (Attachments: #1 Exhibit A - Controlling Cases, #2 Exhibit B - Van Kirk Declaration, #3 Exhibit C - Batayeh Declaration, #4 Exhibit D - Loewinsohn Declaration) (Loewinsohn, Alan) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 21 REPLY to Response re #7 MOTION to Dismiss filed by Village Green Management Company LLC. (Loewinsohn, Alan) [Transferred from Michigan Eastern on 1/17/2020.] |
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Filing 20
STIPULATED ORDER for Extension of Time to File Reply re #7 MOTION to Dismiss (Reply due by 9/27/2019). Signed by District Judge Terrence G. Berg. (BSau) [Transferred from Michigan Eastern on 1/17/2020.]
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Filing 19
STIPULATED ORDER for Extension of Time to File Response and Reply re #15 MOTION for Preliminary Injunction (Response due by 9/27/2019, Reply due by 10/11/2019). Signed by District Judge Terrence G. Berg. (BSau) [Transferred from Michigan Eastern on 1/17/2020.]
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Filing 18
STIPULATION AND ORDER to Extend Time to Respond re #15 MOTION for Preliminary Injunction filed by City Club Apartments, LLC, Jonathan Holtzman. Response due by 9/18/2019 Signed by District Judge Terrence G. Berg. (AChu) [Transferred from Michigan Eastern on 1/17/2020.]
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Filing 17
STIPULATION AND ORDER to Extend Time to Reply re #7 MOTION to Dismiss filed by Village Green Management Company LLC. Reply due by 9/18/2019 Signed by District Judge Terrence G. Berg. (AChu) [Transferred from Michigan Eastern on 1/17/2020.]
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| Filing 16 NOTICE OF HEARING on #15 MOTION for Preliminary Injunction. Motion Hearing set for 10/28/2019 02:00 PM before District Judge Terrence G. Berg (AChu) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 15 MOTION for Preliminary Injunction by City Club Apartments, LLC, Jonathan Holtzman. (Attachments: #1 Exhibit Declaration of Alan J. Gocha, #2 Exhibit 1 - Declaration of Jonathan Holtzman, #3 Exhibit 2 - 1968 Village Green Business Entity Record, #4 Exhibit 3 - Defendant's Business Entity Record, #5 Exhibit 4 - 9-4-19 Why Village Green Archive, Web.Archive.Org, #6 Exhibit 5 - 2-3-19 Village Green Homepage Archive, Web.Archive.Org, #7 Exhibit 6 - 7-29-19 Village Green Why VG Perma.cc Record, #8 Exhibit 7 - 7-29-19 Village Green Our Story Perma.cc Record, #9 Exhibit 8 - 8-8-19 Village Green Our Story Screenshot, #10 Exhibit 9 - 7-29-19 Village Green About Perma.cc Record, #11 Exhibit 10 - 8-9-19 Village Green Property Management Printout) (Lorelli, Marc) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 14 RESPONSE to #7 MOTION to Dismiss filed by City Club Apartments, LLC, Jonathan Holtzman. (Attachments: #1 Exhibit Declaration of Alan J. Gocha, #2 Exhibit 1 - Declaration of Jonathan Holtzman, #3 Exhibit 2 - 8-9-19 Village Green Website, "Property Management" printout, #4 Exhibit 3 - 1968 Village Green Business Entity Record, #5 Exhibit 4 - Defendant's Business Entity Record, #6 Exhibit 5 - 9-4-19 Why Village Green Archive, Web.Archive.Org, #7 Exhibit 6 - 2-3-19 Village Green Homepage Archive, Web.Archive.Org, #8 Exhibit 7 - 7-29-19 Village Green Why VG Perma.cc Record, #9 Exhibit 8 - 7-29-19 Village Green Our Story Perma.cc Record, #10 Exhibit 9 - 8-8-19 Village Green Our Story Screenshot, #11 Exhibit 10 - 7-29-19 Village Green About Perma.cc Record) (Lorelli, Marc) [Transferred from Michigan Eastern on 1/17/2020.] |
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Filing 13
STIPULATION AND ORDER to Extend Time to Respond re #7 MOTION to Dismiss filed by Village Green Management Company LLC. Response due by 8/21/2019 Signed by District Judge Terrence G. Berg. (AChu) [Transferred from Michigan Eastern on 1/17/2020.]
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Filing 12
ORDER of Attorney Substitution with stipulation. Signed by District Judge Terrence G. Berg. (AChu) [Transferred from Michigan Eastern on 1/17/2020.]
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| Filing 11 NOTICE of Appearance by Alan J. Gocha on behalf of City Club Apartments, LLC, Jonathan Holtzman. (Gocha, Alan) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 10 NOTICE of Appearance by Marc Lorelli on behalf of City Club Apartments, LLC, Jonathan Holtzman. (Lorelli, Marc) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 9 Notice of Determination of Motion Without Oral Argument re #7 MOTION to Dismiss (AChu) [Transferred from Michigan Eastern on 1/17/2020.] |
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Filing 8
STIPULATION AND ORDER to Extend Time to Respond re #7 MOTION to Dismiss filed by Village Green Management Company LLC. Response due by 8/16/2019 Signed by District Judge Terrence G. Berg. (AChu) [Transferred from Michigan Eastern on 1/17/2020.]
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| Filing 7 MOTION to Dismiss by Village Green Management Company LLC. (Attachments: #1 Exhibit A - Affidavit of D Batayeh, #2 Exhibit B - Controlling Cases, #3 Exhibit C - Unpublished Cases) (Schonwald, Kerry) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 6 ANSWER to Complaint with Affirmative Defenses with Jury Demand by Village Green Management Company LLC. (Schonwald, Kerry) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 5 EXHIBIT 1- November 21, 2018 Letter re #1 Complaint,, by All Plaintiffs (Newman, Marc) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 4 CERTIFICATE of Service/Summons Returned Executed. Village Green Management Company LLC served on 5/6/2019, answer due 5/28/2019. (Kaye, Christopher) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 3 Trademark Report Sent To Washington (Newman, Marc) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 2 SUMMONS Issued for *Village Green Management Company LLC* (SKra) [Transferred from Michigan Eastern on 1/17/2020.] |
| Filing 1 COMPLAINT filed by Jonathan Holtzman, City Club Apartments, LLC against Village Green Management Company LLC with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-7206025 - Fee: $ 400. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): None] (Newman, Marc) [Transferred from Michigan Eastern on 1/17/2020.] |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (SKra) [Transferred from Michigan Eastern on 1/17/2020.] |
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