U.S. All Star Federation, Inc. v. Open Cheer & Dance Championship Series, LLC et al
Defendant: Open Cheer & Dance Championship Series, LLC doing business as Allstar Worlds Championship/Allstar Worlds, The Open Cheer and Dance, LLC doing business as Allstar Worlds Championship/Allstar Worlds, David Owens, Heidi Weber, Jeb Harris and David Hanbery
Counter Defendant: U.S. All Star Federation, Inc. and Varsity Spirit, LLC
Not Classified By Court: Matulis Mediation | Arbitration
Counter Claimant: Open Cheer & Dance Championship Series, LLC and The Open Cheer and Dance, LLC
Case Number: 6:2021cv02135
Filed: December 21, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Anne C Conway
2 Judge: Daniel C Irick
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 0044 Trademark Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 20, 2023 Opinion or Order Filing 105 Renewed Joint MOTION for Entry of Amended Agreed Scheduling Order by U.S. All Star Federation, Inc. (Berkowitz, Nicole) Modified on 4/20/2023 to edit docket text (KNC).
April 18, 2023 Opinion or Order Filing 104 ORDER denying #102 Joint Motion for Entry of Amended Agreed Scheduling Order. Signed by Judge Wendy W. Berger on 4/18/2023. (RMF)
April 3, 2023 Opinion or Order Filing 103 MEDIATION report Hearing held on March 29, 2023. Hearing outcome: Impasse. (Matulis, James) Modified on 4/3/2023 to edit docket text (KNC).
March 28, 2023 Opinion or Order Filing 102 Joint MOTION for Miscellaneous Relief, specifically for Entry of Amended Agreed Scheduling Order by U.S. All Star Federation, Inc.. (Berkowitz, Nicole)
March 24, 2023 Opinion or Order Filing 101 ORDER granting in part and denying as moot in part #60 Motion to Dismiss; denying as moot #61 Motion to Dismiss. The #45 First Amended Counterclaims is stricken and the #39 Counterclaim is dismissed without prejudice. Signed by Judge Wendy W. Berger on 3/24/2023. (MDJ)
December 15, 2022 Opinion or Order Filing 100 ORDER denying #78 Counterclaim Plaintiffs' Motion for Leave to File Amended Answer to Incorporate Counterclaim; granting in part and denying in part #82 Counterclaim Defendant Varsity Spirit, LLC's Renewed Motion for Stay of Discovery Pending Resolution of Motion to Dismiss and for a Temporary Stay. Discovery from Varsity on the Amended Counterclaims is STAYED pending the Court's resolution of Varsity's pending motion to dismiss. On or before December 15, 2022, Defendants shall identify to Varsity the discovery requests already served on Varsity that Defendants contend are not subject to the foregoing stay. Signed by Magistrate Judge Daniel C. Irick on 12/15/2022. (TNP)
December 14, 2022 Opinion or Order Filing 98 Minute Entry. In Person Proceedings held before Magistrate Judge Daniel C. Irick: MOTION HEARING held on 12/14/2022 re #78 MOTION to Amend #45 Counterclaim, #39 Answer to Complaint Counterclaim, filed by Heidi Weber, David Owens, Jeb Harris, Open Cheer & Dance Championship Series, LLC, David Hanbery, The Open Cheer and Dance, LLC, #82 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss filed by Varsity Spirit, LLC. (Digital) (TNP)
December 9, 2022 Opinion or Order Filing 97 Joint NOTICE to Court by David Hanbery, Jeb Harris, Matulis Mediation | Arbitration, Open Cheer & Dance Championship Series, LLC, David Owens, The Open Cheer and Dance, LLC, Heidi Weber re #82 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss (Smithee, John) Modified on 12/12/2022 to edit docket text (KNC).
November 29, 2022 Opinion or Order Filing 96 ENDORSED ORDER denying #93 Motion for Leave to File Reply. The issues raised in the Motion may be argued at the hearing set in this matter. Signed by Magistrate Judge Daniel C. Irick on 11/29/2022. (Irick, Daniel)
November 29, 2022 Opinion or Order Filing 95 ENDORSED ORDER denying #94 Motion to Move December 14, 2022 Hearing to Zoom. Signed by Magistrate Judge Daniel C. Irick on 11/29/2022. (Irick, Daniel)
November 28, 2022 Opinion or Order Filing 94 Unopposed MOTION for Miscellaneous Relief, specifically to Move December 14, 2022 Hearing to Zoom by David Hanbery, Jeb Harris, Open Cheer & Dance Championship Series, LLC, David Owens, The Open Cheer and Dance, LLC, Heidi Weber. (Smithee, John) Modified on 11/29/2022 to edit docket text (KNC).
November 28, 2022 Opinion or Order Filing 93 MOTION for Miscellaneous Relief, specifically for Leave to File a Reply by Varsity Spirit, LLC. (Huck, Paul)
November 23, 2022 Opinion or Order Filing 92 NOTICE of hearing on motion re #82 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss, #78 MOTION to Amend #45 Counterclaim, #39 Answer to Complaint Counterclaim. Motion Hearing set for 12/14/2022 at 10:00 AM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. The parties shall file a joint notice three days before the hearing certifying ongoing conferral and stating which issues, if any, have been resolved. (TNP)
November 23, 2022 Opinion or Order Filing 91 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #89 Motion for Leave to File Reply and #90 Supplement to Motion. "The term 'confer' in Rule 3.01(g) requires a substantive conversation in person or by telephone in a good faith effort to resolve the motion without court action and does not envision an exchange of ultimatums by fax, letter, or e-mail." Doc. 33 at 4. Signed by Magistrate Judge Daniel C. Irick on 11/23/2022. (Irick, Daniel)
November 22, 2022 Opinion or Order Filing 90 Supplemental MOTION for Miscellaneous Relief, specifically for Leave to file a Reply by Varsity Spirit, LLC. (Huck, Paul)
November 21, 2022 Opinion or Order Filing 89 MOTION for Leave to File a Reply by Varsity Spirit, LLC. (Huck, Paul) Modified on 11/22/2022 to edit docket text and change event (KNC).
November 21, 2022 Opinion or Order Filing 88 ENDORSED ORDER denying without prejudice #86 Motion for Protective Order. It appears that no written response has been made to the discovery. The discovery must be responded to in writing, including by objection if appropriate. If the propounding party seeks a further response and the matter cannot be resolved through conferral, it may file a motion to compel. Signed by Magistrate Judge Daniel C. Irick on 11/21/2022. (Irick, Daniel)
November 21, 2022 Opinion or Order Filing 87 ENDORSED ORDER finding as moot #85 Motion for Protective Order, due to the filing of a Corrected Motion. Signed by Magistrate Judge Daniel C. Irick on 11/21/2022. (Irick, Daniel)
November 18, 2022 Opinion or Order Filing 86 Corrected MOTION for Protective Order (to include Exhibits) by U.S. All Star Federation, Inc. (Attachments: #1 Exhibit 1 - Open Cheer's First Set of Interrogatories to U.S. All Star Federation, Inc., #2 Exhibit 2 - Defendants' First Requests for Production to U.S. All Star Federation, Inc.)(Berkowitz, Nicole) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 11/21/2022 to edit docket text (KNC).
November 17, 2022 Opinion or Order Filing 85 MOTION for Protective Order by U.S. All Star Federation, Inc. (Berkowitz, Nicole) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 11/18/2022 to edit docket text (KNC).
November 16, 2022 Opinion or Order Filing 84 RESPONSE in Opposition re #82 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss filed by David Hanbery, Jeb Harris, Open Cheer & Dance Championship Series, LLC, David Owens, The Open Cheer and Dance, LLC, Heidi Weber. (Attachments: #1 Affidavit Smithee Declaration)(Smithee, John)
November 2, 2022 Opinion or Order Filing 83 REQUEST for oral argument re #82 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss by Varsity Spirit, LLC. (Huck, Paul)
November 2, 2022 Opinion or Order Filing 82 MOTION to Stay Discovery Pending Resolution of Motion to Dismiss by Varsity Spirit, LLC. (Attachments: #1 Exhibit Declaration of Christian Mahoney)(Huck, Paul) Motions referred to Magistrate Judge Daniel C. Irick.
October 19, 2022 Opinion or Order Filing 81 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT)
October 19, 2022 Opinion or Order Filing 80 TRANSCRIPT of Motion to Stay Hearing held on 8/11/22 before Judge Daniel C. Irick. Court Reporter/Transcriber Suzanne L. Trimble, trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 11/9/2022 Redacted Transcript Deadline set for 11/21/2022 Release of Transcript Restriction set for 1/17/2023. (SLT)
October 17, 2022 Opinion or Order Filing 79 RESPONSE in Opposition re #78 MOTION to Amend #45 Counterclaim, #39 Answer to Complaint Counterclaim, filed by U.S. All Star Federation, Inc., Varsity Spirit, LLC. (Dorough, Marisa)
October 3, 2022 Opinion or Order Filing 78 MOTION to Amend #45 Counterclaim, #39 Answer to Complaint Counterclaim, by All Defendants. (Attachments: #1 Exhibit Proposed Amended Answer)(Hull, Bryan) Motions referred to Magistrate Judge Daniel C. Irick.
August 29, 2022 Opinion or Order Filing 77 ORDER denying without prejudice #62 Motion to Stay Discovery Pending Resolution of Motion to Dismiss. Signed by Magistrate Judge Daniel C. Irick on 8/29/2022. (TNP)
August 17, 2022 Opinion or Order Filing 76 REPLY to Response to Motion re #61 MOTION to Dismiss First Amended Counterclaim and Memorandum of Law filed by Varsity Spirit, LLC. (Huck, Paul)
August 17, 2022 Opinion or Order Filing 75 REPLY to Response to Motion re #61 MOTION to Dismiss First Amended Counterclaim and Memorandum of Law filed by U.S. All Star Federation, Inc. (Dorough, Marisa) Modified on 8/18/2022 to edit docket text (KNC).
August 11, 2022 Opinion or Order Filing 74 Minute Entry. Virtual Proceedings held before Magistrate Judge Daniel C. Irick: MOTION HEARING held on 8/11/2022 re #62 Joint MOTION to Stay Discovery Pending Resolution of Motion to Dismiss filed by U.S. All Star Federation, Inc., Varsity Spirit, LLC. (Digital) (RN)
August 10, 2022 Opinion or Order Filing 73 ENDORSED ORDER granting #68 Motion for Leave to File Reply; granting #69 Motion for Leave to File Reply. Five-page replies may be filed by 8/17/2022. Signed by Magistrate Judge Daniel C. Irick on 8/10/2022. (Irick, Daniel)
August 10, 2022 Opinion or Order Set deadlines: Replies due by 8/17/2022. (KNC)
August 9, 2022 Opinion or Order Filing 72 NOTICE of Hearing on motion re #62 Joint MOTION to Stay Discovery Pending Resolution of Motion to Dismiss. Motion Hearing set for 8/11/2022 at 11:00 AM via Zoom Video Conference before Magistrate Judge Daniel C. Irick. The hearing will be conducted remotely through the web-based Zoom application. The Court will separately send a Zoom invitation to each counsel of record's email address. The parties shall immediately notify the Court if they resolve all or a part of the pending motion set for hearing.(RN)
August 9, 2022 Opinion or Order Filing 71 ENDORSED ORDER granting #70 Unopposed Motion to Move August 11, 2022 Hearing to Zoom. The hearing will be conducted entirely by Zoom, and a new notice will be issued concerning the hearing. Signed by Magistrate Judge Daniel C. Irick on 8/9/2022. (Irick, Daniel)
August 8, 2022 Opinion or Order Filing 70 Unopposed MOTION for Miscellaneous Relief, specifically Move August 11, 2022 Hearing to Zoom by Open Cheer & Dance Championship Series, LLC, The Open Cheer and Dance, LLC. (Hull, Bryan) Modified on 8/9/2022 to edit docket text (KNC).
August 4, 2022 Opinion or Order Filing 69 Unopposed MOTION for Leave to File Reply in Support re #61 Motion to Dismiss First Amended Counterclaim by Varsity Spirit, LLC. (Huck, Paul) Modified on 8/5/2022 to edit docket text and change event type (KNC).
August 4, 2022 Opinion or Order Filing 68 Unopposed MOTION for Leave to File Reply in Support re #60 Motion to Dismiss First Amended Counterclaim by U.S. All Star Federation, Inc. (Berkowitz, Nicole) Modified on 8/5/2022 to edit docket text and change event type (KNC).
August 1, 2022 Opinion or Order Filing 67 NOTICE of Hearing on motion re #62 Joint MOTION to Stay Discovery Pending Resolution of Motion to Dismiss. Motion Hearing set for 8/11/2022 at 11:00 AM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. The parties shall immediately notify the Court if they resolve all or a part of the pending motion set for hearing.(RN)
July 28, 2022 Opinion or Order Filing 66 RESPONSE in Opposition re #62 Joint MOTION to Stay Discovery Pending Resolution of Motion to Dismiss filed by Open Cheer & Dance Championship Series, LLC, The Open Cheer and Dance, LLC. (Hull, Bryan)
July 28, 2022 Opinion or Order Filing 65 RESPONSE in Opposition re #60 MOTION to Dismiss First Amended Counterclaim, #61 MOTION to Dismiss First Amended Counterclaim and Memorandum of Law filed by Open Cheer & Dance Championship Series, LLC, The Open Cheer and Dance, LLC. (Hull, Bryan)
July 21, 2022 Opinion or Order Filing 64 ENDORSED ORDER granting #63 Unopposed Motion for Extension of Time. Counterclaim Plaintiffs "Open Cheer" must respond to the #62 Motion to Stay Discovery by 7/28/2022. Designating a filing on the docket as a "joint" motion is a way to indicate to the court that ALL parties join in the motion, and the motion to stay discovery should not have been filed as "joint" simply because two of the several parties to this case agreed to it. Signed by Magistrate Judge Daniel C. Irick on 7/21/2022. (Irick, Daniel)
July 21, 2022 Opinion or Order Filing 63 Unopposed MOTION to Stay Discovery by Open Cheer & Dance Championship Series, LLC, The Open Cheer and Dance, LLC. (Smithee, John) Motions referred to Magistrate Judge Daniel C. Irick.
July 21, 2022 Opinion or Order Set deadlines as to #62 Joint MOTION to Stay Discovery Pending Resolution of Motion to Dismiss. Response due by 7/28/2022 (KNC)
July 7, 2022 Opinion or Order Filing 62 Joint MOTION to Stay Discovery Pending Resolution of Motion to Dismiss by U.S. All Star Federation, Inc., Varsity Spirit, LLC. (Attachments: #1 Request for Oral Argument)(Huck, Paul) Motions referred to Magistrate Judge Daniel C. Irick.
July 7, 2022 Opinion or Order Filing 61 MOTION to Dismiss First Amended Counterclaim and Memorandum of Law by Varsity Spirit, LLC. (Attachments: #1 Exhibit A - Membership Agreement, #2 Affidavit Declaration of Jennifer Kennedy Park, #3 Request for Oral Argument)(Huck, Paul) Modified on 7/8/2022 (KNC).
July 7, 2022 Opinion or Order Filing 60 MOTION to Dismiss First Amended Counterclaim by U.S. All Star Federation, Inc. (Attachments: #1 Exhibit 2022-2023 USASF Worlds Bids Event Producer Member Agreement)(Dorough, Marisa) Modified on 7/8/2022 (KNC).
July 7, 2022 Opinion or Order Filing 59 CERTIFICATE of Interested Persons and Corporate Disclosure Statement by Varsity Spirit, LLC identifying Corporate Parent BCPE Hercules Holdings, LP for Varsity Spirit, LLC. (Huck, Paul) Modified on 7/8/2022 (KNC).
July 5, 2022 Opinion or Order Filing 58 ENDORSED ORDER granting #55 Motion to Appear Pro Hac Vice; granting #56 Motion to Appear Pro Hac Vice; granting #57 Motion to Appear Pro Hac Vice. George S. Cary, Jennifer Kennedy Park, and Steven J. Kaiser are granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 7/5/2022. (Irick, Daniel)
July 5, 2022 Opinion or Order Filing 57 Unopposed MOTION for Steven J. Kaiser to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19737618 for $150 by Varsity Spirit, LLC. (Huck, Paul) Motions referred to Magistrate Judge Daniel C. Irick.
July 5, 2022 Opinion or Order Filing 56 Unopposed MOTION for Jennifer Kennedy Park to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19737562 for $150 by Varsity Spirit, LLC. (Huck, Paul) Motions referred to Magistrate Judge Daniel C. Irick.
July 5, 2022 Opinion or Order Filing 55 Unopposed MOTION for George S. Cary to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19737452 for $150 by Varsity Spirit, LLC. (Huck, Paul) Motions referred to Magistrate Judge Daniel C. Irick.
June 13, 2022 Opinion or Order Filing 54 ENDORSED ORDER granting #53 Unopposed Motion for Extension of Time. Varsity Spirit and USASF must respond to the Amended Counterclaim by 7/7/2022. Signed by Magistrate Judge Daniel C. Irick on 6/13/2022. (Irick, Daniel)
June 9, 2022 Opinion or Order Filing 53 Unopposed MOTION for Extension of Time to July 7, 2022, to File Response to #45 Amended Counterclaim by U.S. All Star Federation, Inc., Varsity Spirit, LLC. (Huck, Paul) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 6/10/2022 (SPM).
June 6, 2022 Opinion or Order Filing 52 RETURN of service executed on May 24, 2022 by The Open Cheer and Dance, LLC, Open Cheer & Dance Championship Series, LLC as to Varsity Spirit, LLC. (Hull, Bryan)
June 1, 2022 Opinion or Order Filing 51 ENDORSED ORDER granting #50 Motion for Extension of Time to File Response / Reply re #50 Unopposed MOTION for Extension of Time to File Response/Reply as to #45 Counterclaim. Signed by Magistrate Judge Daniel C. Irick on 6/1/2022. (JEB)
May 31, 2022 Opinion or Order Filing 50 Unopposed MOTION for Extension of Time to File Response/Reply as to #45 Counterclaim by U.S. All Star Federation, Inc. (Dorough, Marisa) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 5/31/2022 (KNC).
May 26, 2022 Opinion or Order Filing 49 Amended NOTICE of a related action per Local Rule 1.07(c) by U.S. All Star Federation, Inc. Related case(s): Yes (Dorough, Marisa) Modified on 5/27/2022 (KNC).
May 21, 2022 Opinion or Order Filing 48 NOTICE of Mediator's Appearance by James Michael Matulis on behalf of Matulis Mediation | Arbitration (Matulis, James)
May 18, 2022 Opinion or Order Filing 47 SUMMONS issued as to Varsity Spirit, LLC. (KNC)
May 17, 2022 Opinion or Order Filing 46 PROPOSED summons to be issued by Open Cheer & Dance Championship Series, LLC, The Open Cheer and Dance, LLC. (Hull, Bryan)
May 17, 2022 Opinion or Order Filing 45 **STRICKEN PER #101 ORDER** Amended COUNTERCLAIM against U.S. All Star Federation, Inc., Varsity Spirit, LLC filed by Open Cheer & Dance Championship Series, LLC, The Open Cheer and Dance, LLC.(Hull, Bryan) Modified on 3/24/2023 to edit docket text (KNC).
May 17, 2022 Opinion or Order Filing 44 ENDORSED ORDER denying as moot #42 Plaintiff's Motion to Dismiss Counterclaim. Signed by Judge Wendy W. Berger on 5/17/2022. (KS)
May 16, 2022 Opinion or Order Filing 43 **REFILED AT #45 TO CORRECT INTERNAL DOCKET ISSUE**Amended COUNTERCLAIM against Varsity Spirit, LLC and against U.S. All Star Federation, Inc. filed by Open Cheer & Dance Championship Series, LLC, The Open Cheer and Dance, LLC.(Hull, Bryan) Modified on 5/17/2022 (KNC).
April 25, 2022 Opinion or Order Filing 42 MOTION to Dismiss COUNTERCLAIM by U.S. All Star Federation, Inc.. (Dorough, Marisa)
April 20, 2022 Opinion or Order Filing 41 ORDER granting #40 Joint MOTION for Entry of Rule 502(d) Order. See Order. Signed by Magistrate Judge Daniel C. Irick on 4/20/2022. (RN)
April 19, 2022 Opinion or Order Filing 40 Joint MOTION for Entry of Rule 502(d) Order by U.S. All Star Federation, Inc. (Attachments: #1 Text of Proposed Order Stipulated Rule 502(d) Order)(Dorough, Marisa) Modified on 4/20/2022 (removed all caps text) (KNC).
April 4, 2022 Opinion or Order Filing 39 ANSWER and affirmative defenses to Complaint Amended Complaint (Doc. 36), COUNTERCLAIM against U.S. All Star Federation, Inc. by Jeb Harris, David Owens, The Open Cheer and Dance, LLC, David Hanbery, Open Cheer & Dance Championship Series, LLC, Heidi Weber.(Hull, Bryan)
March 30, 2022 Opinion or Order Filing 38 NOTICE OF SELECTION of James M. Matulis as mediator by U.S. All Star Federation, Inc.. (Dorough, Marisa)
March 22, 2022 Opinion or Order Filing 37 ENDORSED ORDER denying as moot #31 Defendants' Motion to Dismiss. Signed by Judge Wendy W. Berger on 3/22/2022. (KS)
March 21, 2022 Opinion or Order Filing 36 AMENDED COMPLAINT with Injunctive Relief Requested against U.S. All Star Federation, Inc. with Jury Demand. filed by U.S. All Star Federation, Inc.. Related document: #1 Complaint filed by U.S. All Star Federation, Inc. (Attachments: #1 Exhibit Trademark Reg. No. 2,999,331, together with assignment, #2 Exhibit Exemplar screenshots and printouts showing USASF's use of the THE CHEERLEADING WORLDS and WORLDS marks, #3 Exhibit Correct printout of ALLSTAR WORLDS and ALLSTAR WORLD CHAMPIONSHIP (and Design) marks (, #4 Exhibit Information sheet for teams and coaches, #5 Exhibit screenshots from the social media pages of Open Championship Series, #6 Exhibit Excerpts from the list of "Bid Events")(Dorough, Marisa) Modified on 3/22/2022 (removed all caps) (KNC).
March 17, 2022 Opinion or Order Filing 35 CASE REFERRED to Mediation. Mediator: TBD (KNC)
March 16, 2022 Opinion or Order Filing 34 ORDER the parties are directed to confer, and then advise the Court, on the selection of a mediator, on or before March 30, 2022. Signed by Judge Wendy W. Berger on 3/16/2022. (RMF)ctp
March 16, 2022 Opinion or Order Filing 33 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/1/2022 Joinder of Parties due by 4/1/2022 Discovery due by 6/30/2023 Dispositive motions due by 8/1/2023 Pretrial statement due by 12/4/2023 All other motions due by 11/1/2023 Plaintiff disclosure of expert report due by 3/31/2023 Defendant disclosure of expert report due by 4/30/2023 Trial Status Conference set for 12/12/2023 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for trial term commencing 1/1/2024 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 7/14/2023. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 3/16/2022. (RMF)ctp
March 14, 2022 Opinion or Order Filing 32 CASE MANAGEMENT REPORT. (Hull, Bryan)
February 28, 2022 Opinion or Order Filing 31 MOTION to Dismiss Complaint by David Hanbery, Jeb Harris, Open Cheer & Dance Championship Series, LLC, David Owens, The Open Cheer and Dance, LLC, Heidi Weber. (Hull, Bryan)
February 24, 2022 Opinion or Order Filing 30 Case Reassigned to Judge Wendy W. Berger. New case number: 6:21-cv-02135-WWB-DCI. Judge Anne C. Conway no longer assigned to the case. (BCW)
February 24, 2022 Opinion or Order Filing 29 ORDER directing the clerk to reassign the case to another active District Judge in the division. Signed by Judge Anne C. Conway on 2/24/2022. (copies mailed/emailed/DM notified)(AKC)
February 18, 2022 Opinion or Order Filing 28 NOTICE of a related action per Local Rule 1.07(c) by David Hanbery, Jeb Harris, Open Cheer & Dance Championship Series, LLC, David Owens, The Open Cheer and Dance, LLC, Heidi Weber. Related case(s): Yes (Hull, Bryan)
February 18, 2022 Opinion or Order Filing 27 CERTIFICATE of interested persons and corporate disclosure statement re #24 Interested persons order by David Hanbery, Jeb Harris, Open Cheer & Dance Championship Series, LLC, David Owens, The Open Cheer and Dance, LLC, Heidi Weber. (Hull, Bryan)
February 11, 2022 Opinion or Order PRO HAC VICE FEES paid by attorney Autumn Flores, Wade Arnold and John Smithee, appearing on behalf of David Hanbery, Jeb Harris, Open Cheer & Dance Championship Series, LLC, David Owens, The Open Cheer and Dance, LLC, Heidi Weber (Filing fee $450 receipt number ORL102380.) Related document: #23 Unopposed MOTION for Autum Flores, Wade Arnold, and John T. Smithee, Jr. to appear pro hac vice . (ARJ)
February 4, 2022 Opinion or Order Filing 26 NOTICE of Appearance by Bryan D. Hull on behalf of David Hanbery, Jeb Harris, Open Cheer & Dance Championship Series, LLC, David Owens, The Open Cheer and Dance, LLC, Heidi Weber (Hull, Bryan)
February 4, 2022 Opinion or Order Filing 25 ENDORSED ORDER granting #23 Motion to Appear Pro Hac Vice. Autum Flores, Wade Arnold, and John T. Smithee, Jr. are granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 2/4/2022. (Irick, Daniel)
February 4, 2022 Opinion or Order Filing 24 INITIAL CASE ORDER for Defendants - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 2/4/2022. (copies mailed/emailed)(AKC)
February 2, 2022 Opinion or Order Filing 23 Unopposed MOTION for Autum Flores, Wade Arnold, and John T. Smithee, Jr. to appear pro hac vice by David Hanbery, Jeb Harris, Open Cheer & Dance Championship Series, LLC, David Owens, The Open Cheer and Dance, LLC, Heidi Weber. (Hull, Bryan) Motions referred to Magistrate Judge Daniel C. Irick.
January 5, 2022 Opinion or Order Filing 22 ENDORSED ORDER granting #12 Motion to Appear Pro Hac Vice; granting #13 Motion to Appear Pro Hac Vice. Grady M. Garrison and Nicole D. Berkowitz are granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 1/5/2022. (Irick, Daniel)
January 4, 2022 Opinion or Order Filing 21 NOTICE to counsel Autum Flores Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (TNP) ctp
January 4, 2022 Opinion or Order Filing 20 WAIVER of service returned executed on 01/04/2022 by U.S. All Star Federation, Inc. as to Jeb Harris. (Dorough, Marisa)
January 4, 2022 Opinion or Order Filing 19 WAIVER of service returned executed on 01/04/2022 by U.S. All Star Federation, Inc. as to Heidi Weber. (Dorough, Marisa)
January 4, 2022 Opinion or Order Filing 18 WAIVER of service returned executed on 01/04/2022 by U.S. All Star Federation, Inc. as to David Owens. (Dorough, Marisa)
January 4, 2022 Opinion or Order Filing 17 WAIVER of service returned executed on 01/04/2022 by U.S. All Star Federation, Inc. as to David Hanbery. (Dorough, Marisa)
January 4, 2022 Opinion or Order Filing 16 WAIVER of service returned executed on 01/04/2022 by U.S. All Star Federation, Inc. as to The Open Cheer and Dance, LLC. (Dorough, Marisa)
January 4, 2022 Opinion or Order Filing 15 WAIVER of service returned executed on 01/04/2022 by U.S. All Star Federation, Inc. as to Open Cheer & Dance Championship Series, LLC. (Dorough, Marisa)
January 3, 2022 Opinion or Order Filing 14 Entered in error.
January 3, 2022 Opinion or Order Filing 13 MOTION for Nicole D. Berkowitz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19077563 for $150 by U.S. All Star Federation, Inc.. (Dorough, Marisa) Motions referred to Magistrate Judge Daniel C. Irick.
January 3, 2022 Opinion or Order Filing 12 MOTION for Grady M. Garrison to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19077527 for $150 by U.S. All Star Federation, Inc.. (Dorough, Marisa) Motions referred to Magistrate Judge Daniel C. Irick.
January 3, 2022 Opinion or Order Filing 11 NOTICE of a related action per Local Rule 1.07(c) by U.S. All Star Federation, Inc.. Related case(s): No (Dorough, Marisa)
January 3, 2022 Opinion or Order Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by U.S. All Star Federation, Inc.. (Dorough, Marisa)
December 28, 2021 Opinion or Order Filing 9 ORDER for Grady M. Garrison and Nicole D. Berkowitz to comply with the administrative procedures regarding electronic filing within 14 days from the date of this order. Signed by Judge Anne C. Conway on 12/27/2021. (copies mailed)(AKC)
December 28, 2021 Opinion or Order Filing 8 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 2/1/2021. (RN)
December 23, 2021 Opinion or Order Filing 7 INITIAL CASE ORDER - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 12/23/2021. (copies mailed/emailed)(AKC)
December 21, 2021 Opinion or Order Filing 6 NOTICE to counsels Grady M. Garrison and Nicole D. Berkowitz Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD)
December 21, 2021 Opinion or Order Filing 5 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (BD)
December 21, 2021 Opinion or Order Filing 4 NOTICE by U.S. All Star Federation, Inc. - Report on the Filing or Determination of An Action regarding Trademarks (Dorough, Marisa) Modified on 12/21/2021 to correct docket text (BD).
December 21, 2021 Opinion or Order Filing 3 NOTICE of Filing Civil Cover Sheet by U.S. All Star Federation, Inc. (Dorough, Marisa) Modified on 12/21/2021 to correct docket text (BD).
December 21, 2021 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Daniel C. Irick. New case number: 6:21-cv-2135-ACC-DCI. (SJB)
December 21, 2021 Opinion or Order Filing 1 COMPLAINT with Injunctive Relief Requested against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-19052327) filed by U.S. All Star Federation, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Dorough, Marisa) Modified on 12/21/2021 to correct docket text (BD).

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 Florida Middle District Court's Electronic Court Filings (ECF) System

Search for this case: U.S. All Star Federation, Inc. v. Open Cheer & Dance Championship Series, LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: U.S. All Star Federation, Inc.
Represented By: Grady M. Garrison
Represented By: Nicole D. Berkowitz
Represented By: Marisa Rosen Dorough
Represented By: Paul Courtney Huck, Jr
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Varsity Spirit, LLC
Represented By: George S. Cary
Represented By: Jennifer Kennedy Park
Represented By: Marisa Rosen Dorough
Represented By: Paul Courtney Huck, Jr
Represented By: Steven J. Kaiser
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Open Cheer & Dance Championship Series, LLC doing business as Allstar Worlds Championship/Allstar Worlds
Represented By: Autum Flores
Represented By: Bryan D. Hull
Represented By: John T. Smithee, Jr.
Represented By: William Wade Arnold
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: The Open Cheer and Dance, LLC doing business as Allstar Worlds Championship/Allstar Worlds
Represented By: Autum Flores
Represented By: Bryan D. Hull
Represented By: John T. Smithee, Jr.
Represented By: William Wade Arnold
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: David Owens
Represented By: Autum Flores
Represented By: Bryan D. Hull
Represented By: John T. Smithee, Jr.
Represented By: William Wade Arnold
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Heidi Weber
Represented By: Autum Flores
Represented By: Bryan D. Hull
Represented By: John T. Smithee, Jr.
Represented By: William Wade Arnold
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jeb Harris
Represented By: Autum Flores
Represented By: Bryan D. Hull
Represented By: John T. Smithee, Jr.
Represented By: William Wade Arnold
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: David Hanbery
Represented By: Autum Flores
Represented By: Bryan D. Hull
Represented By: John T. Smithee, Jr.
Represented By: William Wade Arnold
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not classified by court: Matulis Mediation | Arbitration
Represented By: James Michael Matulis
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter claimant: Open Cheer & Dance Championship Series, LLC
Represented By: Autum Flores
Represented By: Bryan D. Hull
Represented By: John T. Smithee, Jr.
Represented By: William Wade Arnold
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter claimant: The Open Cheer and Dance, LLC
Represented By: Autum Flores
Represented By: Bryan D. Hull
Represented By: John T. Smithee, Jr.
Represented By: William Wade Arnold
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?