No Labels v. NoLabels.com Inc.
Counter Defendant: No Labels
Counter Claimant: NoLabels.com Inc.
Special Master: Stephen Brauerman
Case Number: 1:2023cv01384
Filed: December 4, 2023
Court: US District Court for the District of Delaware
Presiding Judge: Gregory B Williams
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 31, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2024 Filing 61 NOTICE of Intent to Serve Subpoenas on Joshua Silver and Lucy Caldwell by No Labels (Green, William)
January 26, 2024 Filing 60 [SEALED] SPECIAL MASTER ORDER NUMBER #3. Signed by Special Master Stephen B. Brauerman on 1/26/24. (Attachments: #1 Exhibit A, #2 Exhibit B) (ntl)
January 26, 2024 Filing 59 NOTICE OF SERVICE of Plaintiff No Labels' Responses and Objections to Defendant's First Set of Interrogatories to Plaintiff filed by No Labels.(Green, William)
January 26, 2024 Filing 58 NOTICE of Deposition of Charles Siler to take place on January 30, 2024 (Amended) by No Labels re #46 Notice (Other) (Green, William)
January 26, 2024 Filing 57 NOTICE OF SERVICE of Third Amended Notice of 30(b)(6) Deposition re #55 Notice of Service filed by No Labels.(Green, William)
January 25, 2024 Opinion or Order SO ORDERED, re #56 Stipulated Protective Order. Signed by Judge Gregory B. Williams on 1/25/24. (ntl)
January 24, 2024 Filing 56 PROPOSED ORDER Stipulated Protective Order by No Labels. (Green, William)
January 23, 2024 Filing 55 NOTICE OF SERVICE of Plaintiffs Second Amended Notice of 30(b)(6) Deposition of Defendant NoLabels.com Inc. re #50 Notice (Other), #35 Notice of Service filed by No Labels.(Green, William)
January 23, 2024 Filing 54 SPECIAL MASTER ORDER NUMBER #2. Signed by Special Master Stephen B. Brauerman on 1/23/24. (Attachments: #1 Exhibit A, #2 Exhibit B) (ntl)
January 22, 2024 Filing 53 NOTICE of of Intent to Serve Subpoena on Stephen Solomon by No Labels (Green, William)
January 22, 2024 Filing 52 NOTICE of Intent to Serve Subpoena on Break Something, Inc. by No Labels (Green, William)
January 19, 2024 Filing 51 SPECIAL MASTER ORDER #1. Signed by Special Master Stephen B. Brauerman on 1/19/24. (Attachment: #1 Exhibit A) (ntl)
January 16, 2024 Filing 50 NOTICE of Plaintiff's Supplemental Notice of 30(b)(6) Deposition to NoLabels.com Inc. by No Labels (Green, William)
January 16, 2024 Filing 49 ANSWER to #36 Answer to Complaint, Counterclaim by No Labels.(Green, William)
January 15, 2024 Filing 48 NOTICE OF SERVICE of Plaintiffs Objections and Responses to Defendants Notice of F.R.C.P. 30(b)(6) Deposition re #37 Notice of Service filed by No Labels.(Green, William)
January 15, 2024 Filing 47 NOTICE of Deposition of Michael McCauley to take place on January 31, 2024 by No Labels (Green, William)
January 13, 2024 Filing 46 NOTICE of Deposition of Charles Siler to take place on January 29, 2024 by No Labels (Green, William)
January 12, 2024 Filing 45 NOTICE of Deposition of Kelvin McIntyre to take place on January 26, 2024 by No Labels (Green, William)
January 11, 2024 CORRECTING ENTRY: The attachment at D.I. #43 has been replaced per counsels' request as the previous document was erroneously filed. (vfm)
January 10, 2024 Filing 44 NOTICE of Intent to Serve Subpoenas on Law Firms by No Labels (Attachments: #1 Exhibit 1 (Ballard Spahr Subpoena), #2 Exhibit 2 (Billion Law Subpoena))(Kittila, Theodore)
January 10, 2024 Filing 43 NOTICE OF SERVICE of Plaintiff No Label's Responses and Objections to Defendant's First Request for Production of Documents filed by No Labels.(Kittila, Theodore) (Main Document 43 replaced on 1/11/2024) (vfm).
January 10, 2024 Filing 42 NOTICE OF SERVICE of (1) Defendant's Objection to the Notice of 30(B)(6) Deposition of Nolabels.Com Inc.; and (2) Defendant's Objections to Plaintiffs First Request for Production of Documents to Defendant Nolabels.Com Inc. filed by NoLabels.com Inc..(Fenton, Elizabeth)
January 9, 2024 Opinion or Order Filing 41 ORDER Appointing Special Master: Stephen B. Brauerman appointed. Signed by Judge Gregory B. Williams on 1/5/24. (ntl)
January 5, 2024 Filing 40 NOTICE of Intent to Serve Subpoena by No Labels (Green, William)
December 29, 2023 Filing 39 NOTICE of Intent to Serve Subpoenas by NoLabels.com Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Fenton, Elizabeth)
December 27, 2023 Filing 38 NOTICE OF SERVICE of Defendants First Set of Interrogatories to Plaintiff and Defendants First Set of Requests for Production of Documents to Plaintiff filed by NoLabels.com Inc..(Fenton, Elizabeth)
December 27, 2023 Filing 37 NOTICE OF SERVICE of Defendants Notice of 30(b)(6) Deposition of Plaintiff No Labels filed by NoLabels.com Inc..(Fenton, Elizabeth)
December 26, 2023 Filing 36 ANSWER to #1 Complaint AFFIRMATIVE DEFENSES and, COUNTERCLAIM against No Labels by NoLabels.com Inc..(Fenton, Elizabeth)
December 21, 2023 CORRECTING ENTRY: Exhibits 1-6 of D.I. 31, Notice of Subpoena, has been replaced per counsel's request to reflect the corrected exhibits. (mkr)
December 21, 2023 Pro Hac Vice Attorney Mark D. Lytle for No Labels 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. (mpb)
December 20, 2023 Filing 35 NOTICE OF SERVICE of Plaintiff No Label's Notice of 30(b)(6) Deposition of Defendant NoLabels.com Inc. filed by No Labels.(Green, William)
December 20, 2023 Filing 34 NOTICE OF SERVICE of Plaintiffs First Request for Production of Documents to Defendant NoLabels.com Inc. filed by No Labels.(Green, William)
December 20, 2023 Opinion or Order Filing 33 ORDER REFERRING CASE to Clerk for assignment of a Special Master. Signed by Judge Gregory B. Williams on 12/20/23. (ntl)
December 20, 2023 Opinion or Order Filing 32 ORDER Setting An Evidentiary Hearing on Plaintiff's Motion for Preliminary Injunction for 2/22/2024 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams. Signed by Judge Gregory B. Williams on 12/20/23. (ntl)
December 20, 2023 Filing 31 NOTICE OF SERVICE of Subpoenas re #28 Status Report filed by No Labels. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Green, William) (Attachment 1 replaced on 12/21/2023) (mkr). (Attachment 2 replaced on 12/21/2023) (mkr). (Attachment 3 replaced on 12/21/2023) (mkr). (Attachment 4 replaced on 12/21/2023) (mkr). (Attachment 5 replaced on 12/21/2023) (mkr). (Attachment 6 replaced on 12/21/2023) (mkr).
December 20, 2023 Filing 30 Letter to The Honorable Gregory B. Williams from Theodore A. Kittila On Behalf of All Counsel regarding Request for Conference Call to Discuss Discovery Issues. (Kittila, Theodore)
December 20, 2023 Pro Hac Vice Attorney Jason C. Kravitz for No Labels 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. (mkr)
December 19, 2023 Filing 29 EXHIBIT PLAINTIFFS INITIAL OBJECTIONS TO DEFENDANTS DOCUMENT REQUESTS by NoLabels.com Inc.. (Billion, Mark)
December 19, 2023 Filing 28 Joint STATUS REPORT Pursuant to Paragraph 5 of Court's Temporary Restraining Order Regarding Discovery and Case Management Issues by No Labels. (Attachments: #1 Exhibit A)(Kittila, Theodore)
December 18, 2023 Filing 27 NOTICE of Filing of an Injunction Bond by No Labels re #26 Temporary Restraining Order (Kittila, Theodore)
December 18, 2023 Pro Hac Vice Attorney Leslie E. Hartford for No Labels 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. (mpb)
December 15, 2023 Opinion or Order Filing 26 TEMPORARY RESTRAINING ORDER - Plaintiff's motion for temporary restraining order (D.I. 3) is GRANTED. Plaintiff shall post bond in the amount of $250,000. Signed by Judge Gregory B. Williams on 12/15/23. (ntl)
December 15, 2023 Opinion or Order SO ORDERED, re #20 MOTION for Pro Hac Vice Appearance of Attorney Bradley J. Schlozman, Esq. filed by No Labels. Signed by Judge Gregory B. Williams on 12/15/23. (ntl)
December 15, 2023 Minute Entry for proceedings held before Judge Gregory B. Williams - Hearing on Motion for TRO held on 12/15/2023. (Court Reporter: Kim Bursner) (ntl)
December 14, 2023 Filing 25 Letter to Judge Williams from William E. Green, Jr. regarding Supplemental Declarations in Support of Motion for Temporary Restraining Order - re #3 MOTION for Temporary Restraining Order MOTION for Permanent Injunction, #4 MEMORANDUM in Support. (Attachments: #1 Exhibit Second Declaration of Leslie E. Hartford in Support of Motion for Temporary Restraining Order and/or Motion for Preliminary Injunction, with Attachments A through G, #2 Exhibit Declaration of Liz Morrison, with Attachment A, #3 Exhibit Declaration of Samantha Brooks, with Exhibit A, #4 Exhibit Declaration of Nicholas Connors, with Attachments A through D)(Green, William)
December 14, 2023 Filing 24 NOTICE of Appearance by Mark M. Billion on behalf of NoLabels.com Inc. (Billion, Mark)
December 14, 2023 Filing 23 NOTICE of Appearance by Elizabeth S. Fenton on behalf of NoLabels.com Inc. (Fenton, Elizabeth)
December 14, 2023 Filing 22 DECLARATION re #21 Memorandum in Opposition Declaration of Kelvin McIntyre by NoLabels.com Inc.. (Attachments: #1 Exhibits A-C)(Fenton, Elizabeth)
December 14, 2023 Filing 21 MEMORANDUM in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Permanent Injunction, #4 MEMORANDUM in Support filed by NoLabels.com Inc..Reply Brief due date per Local Rules is 12/21/2023. (Fenton, Elizabeth)
December 13, 2023 Filing 20 MOTION for Pro Hac Vice Appearance of Attorney Bradley J. Schlozman, Esq. - filed by No Labels. (Kittila, Theodore)
December 12, 2023 Opinion or Order SO ORDERED, re #15 MOTION for Pro Hac Vice Appearance of Attorney Mark D. Lytle, Esq. filed by No Labels, #17 MOTION for Pro Hac Vice Appearance of Attorney Leslie Hartford, Esq. filed by No Labels, #16 MOTION for Pro Hac Vice Appearance of Attorney Jason C. Kravitz, Esq. filed by No Labels. Signed by Judge Gregory B. Williams on 12/12/23. (ntl)
December 11, 2023 Filing 19 AFFIDAVIT of Service re 18 Order,,,,,,,,,,,, Set Hearings,,,,,,,,,,, Oral Order Setting Hearing on Plaintiff's Motion for Temporary Restraining Order and/or Motion for Preliminary Injunction filed by No Labels. (Green, William)
December 11, 2023 Opinion or Order Filing 18 ORAL ORDER: IT IS HEREBY ORDERED that this Court shall hold a hearing on Plaintiff's Motion for Temporary Restraining Order and/or Motion for Preliminary Injunction, D.I. 3, on Friday, December 15, 2023, at 10:30 am, in Courtroom 6B. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Oral Order on Defendant on or before Tuesday, December 12, 2023, at 10:30 am. Plaintiff shall file with the Court a proof of service evidencing that service of this Oral Order was made on Defendant on or before Tuesday, December 12, 2023, at 10:30 am. IT IS FURTHER ORDERED that Defendant shall file any response in opposition to Plaintiff's Motion for Temporary Restraining Order and/or Motion for Preliminary Injunction on or before Thursday, December 14, 2023, at 10:30 am. IT IS ALSO ORDERED that Plaintiff's Motion to Expedite Discovery, (D.I. 14), is DENIED. The Court has analyzed Plaintiff's request under the test set forth in Notaro v. Koch, 95 F.R.D. 403 (S.D.N.Y. 1982) as well as a the "reasonableness" test. Park Lawn Corp. v. PlotBox, Inc., C.A. No. 20-1484-RGA, 2021 WL 3490020, at *1 (D. Del. Aug. 9, 2021). Plaintiff fails to show that expedited discovery is warranted under either standard. Under the Notaro standard, the moving party must demonstrate "(1) irreparable injury, (2) some probability of success on the merits, (3) some connection between the expedited discovery and the avoidance of the irreparable injury, and (4) some evidence that the injury that will result without expedited discovery looms greater than the injury that the defendant will suffer if the expedited relief is granted." Notaro, 95 F.R.D. at 405. Here, Plaintiff has not shown a connection between the expedited discovery into the identity of the individual(s) that make up Defendant's corporation and the avoidance of irreparable injury. Also, Plaintiff seeks a broad scope of Rule 26 discovery on an expedited basis without explaining how it is related to potential injury. Under the reasonableness test, the Court must weigh "(1) the timing and context of the discovery requests, including whether a preliminary injunction hearing has been scheduled; (2) the scope and purpose of the requests; and (3) the nature of the burden to the respondent." Kone Corp. v. ThyssenKrupp USA, Inc., 2011 WL 4478477, at *4 (D. Del. Sept. 26, 2011). Again, Plaintiff's requested expedited discovery is overly broad and the Court fails to see the necessity of such broad expedited discovery at this time as it relates to the pending Motion for Temporary Restraining Order/Preliminary Injunction, given the Court can grant or deny the motion without such information. Park Lawn, 2021 WL 3490020, at *2. ORDERED by Judge Gregory B. Williams on 12/11/23. (ntl)
December 8, 2023 Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Leslie Hartford, Esq. - filed by No Labels. (Kittila, Theodore)
December 8, 2023 Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Jason C. Kravitz, Esq. - filed by No Labels. (Kittila, Theodore)
December 8, 2023 Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Mark D. Lytle, Esq. - filed by No Labels. (Kittila, Theodore)
December 8, 2023 Filing 14 Emergency MOTION to Expedite Discovery - filed by No Labels. (Attachments: #1 Exhibit A to Motion, #2 Text of Proposed Order, #3 Certificate of Service)(Kittila, Theodore)
December 6, 2023 Filing 13 Letter to Judge Williams from William E. Green, Jr. regarding Requesting a Hearing - re #3 MOTION for Temporary Restraining Order MOTION for Permanent Injunction, #1 Complaint. (Green, William)
December 6, 2023 Filing 12 NOTICE of Appearance by William Edward Green, Jr on behalf of No Labels (Green, William)
December 6, 2023 Case Assigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (rjb)
December 5, 2023 Filing 11 AFFIDAVIT of Service for Complaint and Motion for TRO and Preliminary Judgment served on Nolabels.com Inc. (by Registered Agent) on 12/05/2023, filed by No Labels. (Kittila, Theodore)
December 5, 2023 Remark: Per Duty Judge, case is submitted for routine judicial assignment and the Motion for Temporary Restraining Order and/or Motion for Preliminary Injunction (D.I. #3 ) shall be presented to the assigned Judge. (mpb)
December 4, 2023 Filing 10 Summons Issued as to NoLabels.com Inc. on 12/4/2023. (mpb)
December 4, 2023 Filing 9 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by No Labels. (mpb)
December 4, 2023 Filing 8 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 3,946,066. (mpb)
December 4, 2023 Filing 7 DECLARATION of Jerald S. Howe, Jr. in Support of D.I. #3 MOTION for Temporary Restraining Order and/or MOTION for Permanent Injunction - filed by No Labels. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(mpb)
December 4, 2023 Filing 6 DECLARATION of Elisabeth Patricia Love in Support of D.I. #3 MOTION for Temporary Restraining Order and/or MOTION for Permanent Injunction - filed by No Labels. (Attachments: #1 Exhibit 1)(mpb)
December 4, 2023 Filing 5 DECLARATION of Leslie E. Hartford in Support of D.I. #3 MOTION for Temporary Restraining Order and/or MOTION for Permanent Injunction - filed by No Labels. (mpb)
December 4, 2023 Filing 4 MEMORANDUM of Law in Support of D.I. #3 MOTION for Temporary Restraining Order and/or MOTION for Permanent Injunction filed by No Labels.Answering Brief/Response due date per Local Rules is 12/18/2023. (mpb)
December 4, 2023 Filing 3 MOTION for Temporary Restraining Order and/or MOTION for Permanent Injunction - filed by No Labels. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order for Preliminary Injunction)(mpb)
December 4, 2023 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb)
December 4, 2023 Filing 1 COMPLAINT filed against NoLabels.com Inc. ( Filing fee $ 405, receipt number ADEDC-4286464.) - filed by No Labels. (Attachments: #1 Civil Cover Sheet)(mpb)

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Counter defendant: No Labels
Represented By: William Edward Green, Jr.
Represented By: Theodore Allan Kittila
Represented By: Jason C. Kravitz
Represented By: Leslie E. Hartford
Represented By: Mark D. Lytle
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Counter claimant: NoLabels.com Inc.
Represented By: Elizabeth S. Fenton
Represented By: Mark M. Billion
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Special master: Stephen Brauerman
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