OPTIO RX LLC et al v. CRESTVIEW CITY PHARMACY INC et al
| Optio Rx, LLC, Aliette Rodz, OPTIO RX LLC and CRESTVIEW PHARMACY LLC |
| Crestview City Pharmacy, Inc., Jennifer Reshay Densman, Christopher Neil Densman, Bryan Henderson, CRESTVIEW CITY PHARMACY INC, AMANDA DAVEY, CLAUDIA BARNETT, KARI WAITES, VICTORIA BALLARD, MORGAN MEEKS, KYNDALL BARBER and ELLEN STAFFORD |
| 3:2023cv08993 |
| April 28, 2023 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| M CASEY RODGERS |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 56 NOTICE of Appearance by DYLAN BAILEY HOWARD on behalf of All Plaintiffs (HOWARD, DYLAN) |
| Filing 55 NOTICE of Appearance by TREVOR A THOMPSON on behalf of All Plaintiffs (THOMPSON, TREVOR) |
| Filing 54 NOTICE of Appearance by MEGAN FORTSON FRY on behalf of All Plaintiffs (FRY, MEGAN) |
Filing 53
ORDER granting #47 & #48 Motions to Appear Pro Hac Vice. Attorneys Jonathan S. Quinn and Andrew T. Hamilton are admitted pro hac vice to represent the Plaintiffs, Optio RX, LLC and Crestview Pharmacy, LLC, pursuant to Local Rule 11.1(C). Signed by JUDGE M CASEY RODGERS on 06/16/2023. (alb)
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Filing 52
ORDER re #1 Complaint. The Motion for Preliminary Injunction, ECF No. #1 -5, is DENIED. Pursuant to the terms of the previously entered Initial Scheduling Order, ECF No. #41 , the parties' Rule 26 Joint Report is due by July 10, 2023. Signed by JUDGE M CASEY RODGERS on 06/16/2023. (alb)
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| Filing 51 MEMORANDUM in Support re #50 MOTION to Dismiss Counterclaims filed by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (DOMINGUEZ, ALEXIS) |
| Filing 50 MOTION to Dismiss Counterclaims by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (Internal deadline for referral to judge if response not filed earlier: 6/28/2023). (DOMINGUEZ, ALEXIS) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #49 Memorandum in Opposition to Motion. #48 MOTION to Appear Pro Hac Vice by Andrew T. Hamilton., #47 MOTION to Appear Pro Hac Vice by Jonathan S. Quinn. (alb) |
| Filing 49 MEMORANDUM in Opposition re #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (DOMINGUEZ, ALEXIS) |
| Filing 48 MOTION to Appear Pro Hac Vice by Andrew T. Hamilton.( Filing fee $ 208 receipt number AFLNDC-7918308.) by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (HAMILTON, ANDREW) |
| Filing 47 MOTION to Appear Pro Hac Vice by Jonathan S. Quinn.( Filing fee $ 208 receipt number AFLNDC-7918282.) by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (QUINN, JONATHAN) |
| Filing 46 Defendant Bryan Henderson ANSWER to #1 Complaint,,,, Affirmative Defenses, COUNTERCLAIM against CRESTVIEW PHARMACY LLC, OPTIO RX LLC by BRYAN HENDERSON. (RICHARDSON, JENNIFER) |
| Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of EVIDENTIARY HEARING(Redacted) Proceedings held on May 5, 2023, before Judge M. Casey Rodgers. Court Reporter/Transcriber Donna L. Boland, Email: Donna_Boland@flnd.uscourts.gov. 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. Redaction Request due 6/15/2023. Release of Transcript Restriction set for 9/13/2023. (dlb) |
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Filing 44
ORDER, re #29 Record of Proceedings and Notice to Attorneys of Redaction Requirements, #31 Transcript Redaction Request. Plaintiffs' request is GRANTED in part. The Court reporter is directed to redact the names of the medical providers or facilities that appear on the specific line numbers listed in the Plaintiffs' Statement of Redaction, ECF No. #31 . (Please see order.) Signed by JUDGE M CASEY RODGERS on 06/07/2023.(Court reporter notified via ad hoc to this entry.) (alb)
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| Filing 43 NOTICE of Appearance by ERICK M DRLICKA on behalf of BRYAN HENDERSON (DRLICKA, ERICK) |
| Set Deadlines/Hearings re #42 Motion to Dismiss. (Internal deadline for referral to judge if response not filed earlier: 6/13/2023). (alb) |
| Filing 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CLAUDIA BARNETT. (HOLLOWAY, JONATHAN) |
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Filing 41
INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 6/9/2023. Rule 26 Meeting Report due by 7/10/2023. Discovery due by 11/21/2023. Signed by JUDGE M CASEY RODGERS on 05/26/2023. (alb)
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| Filing 40 Corporate Disclosure Statement/Certificate of Interested Persons by CRESTVIEW CITY PHARMACY INC. (VAFEK, RUTH) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #39 Answer to Complaint, Counterclaim. (Proposed ISO prepared.) (alb) |
| Filing 39 ANSWER to #1 Complaint,,,, and, COUNTERCLAIM against CRESTVIEW PHARMACY LLC, OPTIO RX LLC by CRESTVIEW CITY PHARMACY INC, JENNIFER RESHAY DENSMAN, CHRISTOPHER NEIL DENSMAN. (VAFEK, RUTH) |
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Filing 38
ORDER granting as requested, #36 Plaintiffs' Agreed Motion to Exceed Word Limits. Signed by JUDGE M CASEY RODGERS on 05/24/2023. (alb)
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| Filing 37 Plaintiffs' Post-Hearing Rebuttal in Further Support of Their Emergency Verified Motion for Temporary Restraining Order and Preliminary Injunction. Re: #1 -5 Supplemental Motion for TRO or Injunction, #36 Motion to Exceed Word Limits, #28 Minute sheet for Evidentiary Hearing, filed by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (RODZ, ALIETTE) Modified on 5/23/2023 to correct title and add hyperlinks (alb). |
| Filing 36 Plaintiffs' Agreed Motion to Exceed Word Limits, #28 Evidentiary Hearing, by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (RODZ, ALIETTE) Modified on 5/23/2023 to match title of document (alb). |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #36 PLAINTIFFS AGREED MOTION TO EXCEED WORD LIMITS, #37 Plaintiffs' Post-Hearing Rebuttal in Further Support of Their Emergency Verified Motion for Temporary Restraining Order and Preliminary Injunction. (alb) |
| Filing 35 JOINT STIPULATION RESOLVING CERTAIN ISSUES ADDRESSED AT PRELIMINARY INJUNCTION HEARING OF MAY 5, 2023 Stipulation re #33 Stipulation. Signed by JUDGE M CASEY RODGERS on 05/22/2023. (alb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #34 Post-Hearing Brief of Defendants Jennifer Reshay Densman, Christopher Neil Densman, And Crestview City Pharmacy, Inc. D/B/A "Hometown Pharmacy" in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction, #33 Joint Stipulation. (alb) |
| Filing 34 NOTICE of Post-Hearing Brief of Defendants Jennifer Reshay Densman, Christopher Neil Densman, And Crestview City Pharmacy, Inc. D/B/A "Hometown Pharmacy" in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction by CRESTVIEW CITY PHARMACY INC, CHRISTOPHER NEIL DENSMAN, JENNIFER RESHAY DENSMAN (VAFEK, RUTH) |
| Filing 33 STIPULATION (Joint Stipulation Resolving Certain Issues Addressed at Preliminary Injunction Hearing of May 5, 2023) by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (DOMINGUEZ, ALEXIS) |
| Filing 32 SUMMONS Returned Executed by OPTIO RX LLC, CRESTVIEW PHARMACY LLC. BRYAN HENDERSON served on 5/18/2023, answer due 6/8/2023. (RODZ, ALIETTE) |
| Filing 31 Transcript Redaction Request re #29 Record of Proceedings and Notice to Attorneys of Redaction Requirements,, by attorney ALIETTE DELPOZO RODZ. (RODZ, ALIETTE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #30 PLAINTIFFS' POST-HEARING BRIEF IN SUPPORT OF THEIR EMERGENCY VERIFIED MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. (alb) |
| Filing 30 RESPONSE by CRESTVIEW PHARMACY LLC, OPTIO RX LLC re #1 Complaint,,,, (Plaintiffs' Post-Hearing Brief in Support of Their Emergency Verified Motion for Temporary Restraining Order and Preliminary Injunction). (DOMINGUEZ, ALEXIS) |
| Filing 29 **UNREDACTED SEALED*** (Redacted at Doc. 45) NOTICE OF FILING OF OFFICIAL TRANSCRIPT of EVIDENTIARY HEARING held on May 5, 2023, before Judge M. Casey Rodgers. Court Reporter/Transcriber Donna L. Boland, Email: Donna_Boland@flnd.uscourts.gov. (dlb) Modified on 6/8/2023 (dlb). |
| Filing 28 Minute Entry for proceedings held before JUDGE M CASEY RODGERS: Evidentiary Hearing held on 5/5/2023. Argument and testimony heard. Plaintiff to submit Closing Argument Brief by 5:00 pm CDT, Friday, May 12, 2023. Defendant to submit Closing Argument Brief by 5:00 pm CDT, Friday, May 19, 2023. Plaintiff Rebuttal brief due by 12:00 pm CDT, Tuesday, May 23, 2023. Plaintiffs Exhibits attached, and placed in clerks secured storage, Exhibit 9a is SEALED. (Court Reporter Donna Boland.) (Attachments: #1 Plaintiff Exhibit List, #2 Combined Witness List, #4 Exhibit Plaintiffs 1-9, 9b-14, #5 Exhibit Plaintiffs 9a - SEALED) (blr) Modified on 5/8/2023 (blr). (Attachment 4 replaced on 5/8/2023) (blr). |
| Set Deadlines: Plaintiffs' Closing Argument Brief due by: 5/12/2023 at 5:00 pm CDT. Defendants' Closing Argument Brief due by: 5/19/2023 at 5:00 pm CDT. Plaintiffs' Rebuttal Brief due by: 5/23/2023 by 12:00 pm CDT. (blr) |
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Filing 27
ORDER re #26 MOTION for Leave to Appear at Evidentiary Hearing Via Zoom. The motion is GRANTED for good cause shown and the reasons set forth in Defendant's motion. Defendant Bryan Henderson will be allowed to attend the evidentiary hearing on May 5, 2023 via zoom video conference. Signed by JUDGE M CASEY RODGERS on 05/04/23. (jfj)
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| Filing 26 MOTION for Leave to Appear Appear at Evidentiary Hearing Via Zoom by BRYAN HENDERSON. (RICHARDSON, JENNIFER) |
| Filing 25 NOTICE of Appearance by JENNIFER SHOAF RICHARDSON on behalf of BRYAN HENDERSON (RICHARDSON, JENNIFER) |
| Filing 24 AMENDED NOTICE OF HEARING. Evidentiary Hearing set for 5/5/2023 AT 08:00 AM CT in U.S. Courthouse Pensacola, Courtroom 5, before JUDGE M CASEY RODGERS. (jfj) |
| Filing 23 AFFIDAVIT of Service for Summons, Complaint etc.. served on Ellen Stafford on May 3, 2023, filed by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (RODZ, ALIETTE) |
| Filing 22 AFFIDAVIT of Service for Summons, Complaint etc.. served on Morgan Meeks on May 3, 2023, filed by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (RODZ, ALIETTE) |
| Filing 21 AFFIDAVIT of Service for Summons, Complaint etc.. served on Christopher Densman on May 3, 2023, filed by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (RODZ, ALIETTE) |
| Filing 20 AFFIDAVIT of Service for Summons, Complaint etc.. served on Jennifer Reshay Densman on May 3, 2023, filed by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (RODZ, ALIETTE) |
| Filing 19 AFFIDAVIT of Service for Summons, Complaint etc.. served on Amanda Davey on May 3, 2023, filed by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (RODZ, ALIETTE) |
| Filing 18 AFFIDAVIT of Service for Summons, Complaint etc.. served on Kyndall Barber on May 3, 2023, filed by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (RODZ, ALIETTE) |
| Filing 17 AFFIDAVIT of Service for Summons, Complaint etc.. served on Kari Waites on May 3, 2023, filed by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (RODZ, ALIETTE) |
| Filing 16 AFFIDAVIT of Service for Summons, Complaint etc.. served on Jeff Barnett, spouse/resident on May 3, 2023, filed by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (RODZ, ALIETTE) |
| Filing 15 AFFIDAVIT of Service for Summons, Complaint etc.. served on Jennifer Reshay Densman on May 3, 2023, filed by OPTIO RX LLC. (RODZ, ALIETTE) |
| Filing 14 NOTICE of Filing Email Communications with Bryan Henderson by CRESTVIEW PHARMACY LLC, OPTIO RX LLC (RODZ, ALIETTE) |
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Filing 13
ORDER granting #12 Motion to Appear Pro Hac Vice. Attorney Alexis M. Dominguez of Neal, Gerber & Eisenberg LLP, is admitted pro hac vice to represent Plaintiffs Optio Rx, LLC and Crestview Pharmacy, LLC, pursuant to Local Rule 11.1(C). Signed by JUDGE M CASEY RODGERS on 05/04/2023. (alb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #12 MOTION to Appear Pro Hac Vice by Alexis M. Dominguez.( Filing fee $ 208 receipt number AFLNDC-7849843.) (alb) |
| Filing 12 MOTION to Appear Pro Hac Vice by Alexis M. Dominguez.( Filing fee $ 208 receipt number AFLNDC-7849843.) by CRESTVIEW PHARMACY LLC, OPTIO RX LLC. (DOMINGUEZ, ALEXIS) |
| Filing 11 NOTICE of Appearance by RUTH ELLEN VAFEK on behalf of CRESTVIEW CITY PHARMACY INC, CHRISTOPHER NEIL DENSMAN, JENNIFER RESHAY DENSMAN (VAFEK, RUTH) |
| Filing 10 NOTICE of Compliance with Court's Order by CRESTVIEW PHARMACY LLC, OPTIO RX LLC re #7 Order,,,, Set Deadlines/Hearings,,, (RODZ, ALIETTE) |
| Filing 9 Summons Issued as to VICTORIA BALLARD, KYNDALL BARBER, CLAUDIA BARNETT, AMANDA DAVEY, MORGAN MEEKS, ELLEN STAFFORD, KARI WAITES. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons) (jfj) |
| Filing 8 NOTICE OF HEARING. Evidentiary Hearing set for 5/5/2023 at 09:00 AM CT in U.S. Courthouse Pensacola, Courtroom 5, before JUDGE M CASEY RODGERS. (jfj) |
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Filing 7
ORDER. Plaintiffs' Emergency Verified Motion for Temporary Restraining Order and Preliminary Injunction, ECF No. #1 -5, will be decided following an evidentiary hearing. An evidentiary hearing is hereby scheduled for Friday, May 5, 2023 at 9:00 a.m. (CDT), in Courtroom 5, United States Courthouse, One North Palafox Street, Pensacola, FL 32502. Plaintiffs' Emergency Motion for Expedited Discovery, ECF No. #1 -7, is DENIED without prejudice. Plaintiffs are directed to promptly serve the Defendants with this Order and to file a notice of compliance on the Court's docket. Signed by JUDGE M CASEY RODGERS on 05/02/2023. (Evidentiary Hearing set for 5/5/2023 at 09:00 AM in U.S. Courthouse Pensacola before JUDGE M CASEY RODGERS.) (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #10 PLAINTIFFS' NOTICE OF COMPLIANCE WITH COURT'S ORDER OF MAY 2, 2023. (jfj) |
| Filing 6 NOTICE of Summons to Nominal Defendants by CRESTVIEW PHARMACY LLC, OPTIO RX LLC re #1 Complaint,,,, (Attachments: #1 Supplement Summons- Amanda Davey, #2 Supplement Kari Waites, #3 Supplement VIctoria Ballard, #4 Supplement Morgan Meeks, #5 Supplement Kyndall Barber, #6 Supplement Ellen Stafford) (RODZ, ALIETTE) |
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Filing 5
NOTICE of Filing Rule 65 Certification and Compliance with Order by CRESTVIEW PHARMACY LLC, Optio Rx, LLC re Action Required by District Judge (RODZ, ALIETTE)
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| Filing 4 Summons Issued as to Crestview City Pharmacy, Inc., Christopher Neil Densman, Jennifer Reshay Densman, Bryan Henderson. (Attachments: #1 Summons, #2 Summons, #3 Summons) (jfj) |
| Filing 3 AO 120 Patent and Trademark New Case Notification re #1 Complaint. Copy sent electronically to the Director of the U.S. Patent and Trademark Office. (jfj) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #5 PLAINTIFFS' RULE 65 CERTIFICATION OF NOTICE AND COMPLIANCE WITH COURT'S ORDER OF APRIL 29, 2023. (jfj) |
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Filing 2
ORDER Deferring and requiring written certification of counsel due by Noon on May 1, 2023(see text of order). Signed by JUDGE M CASEY RODGERS on April 29, 2023. (aow)
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| Filing 1 COMPLAINT Verified Complaint against All Defendants ( Filing fee $ 402 receipt number AFLNDC-7844173.), filed by Optio Rx, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Supplement Motion for TRO or Injunction, #6 Supplement Memo of Law in Support of Motion for TRO, #7 Supplement Emergency Motion for Expedited Discovery, #8 Supplement Memo of Law Support Motion for Expedited Discovery, #9 Supplement Request for Production, #10 Supplement Request for Production, #11 Supplement Request for Production, #12 Supplement Request for Production, #13 Supplement Interrogatories, #14 Supplement Interrogatories, #15 Supplement Interrogatories, #16 Supplement Interrogatories, #17 Supplement Corporate Disclosure, #18 Supplement Corporate Disclosure, #19 Supplement Summons Crestview, #20 Supplement Summons Jennifer, #21 Supplement Summons Christopher, #22 Supplement Summons Bryan) (RODZ, ALIETTE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #1 Complaint and Motion for TRO. (jfj) |
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