IX, LLC v. T.N.T. Equipment Company et al
| IX, LLC a Georgia limited liability company doing business as Hydek |
| T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine and John Does 2-5 |
| 1:2009cv00152 |
| January 21, 2009 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Timothy C Batten |
| Trademark |
| 15 U.S.C. § 1121 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 23, 2009. A more recent docket listing may be available from PACER.
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| Case opened in USDC Southern District of Ohio, Eastern Division as civil action number 2:09-cv-644; judges assigned are District Judge Edmund A. Sargus and Magistrate Judge Terence P. Kemp. (alc) |
| Filing 59 First AMENDED COMPLAINT against T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Roger Valentine, John Does 1-5 with Jury Demand, filed by IX, LLC. (originally filed as an attachment to the #40 Motion for Leave to Amend Complaint and filed pursuant to the #58 Order) (alc) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
Filing 58
ORDER GRANTING Plaintiff's #40 Motion for Leave to Amend Complaint and GRANTING Defendants' #33 Motion to Transfer Case to the USDC Southern District of Ohio. The Clerk is DIRECTED to close this case. Signed by Judge Timothy C. Batten, Sr. on 7/22/2009. (alc)
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| Case transferred electronically to USDC Southern District of Ohio - Eastern Division. (alc) |
| Civil Case Terminated. (alc) |
| Submission of #20 MOTION to Dismiss Claims Against Defendants Premier Scaffold Solutions, LLC and Anthony Valentine, #21 MOTION to Dismiss Count VIII of the Complaint, and #33 MOTION to Transfer Case to USDC for SD Ohio, submitted to District Judge Timothy C. Batten, Sr. (alc) |
| Filing 57 REPLY BRIEF re #33 MOTION to Transfer Case to USDC for SD Ohio filed by by T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wiech, Christopher) |
| Filing 56 RESPONSE re #40 First MOTION for Leave to Amend #1 Complaint filed by T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine. (Wiech, Christopher) |
| Filing 55 REPLY BRIEF re #21 MOTION to Dismiss Count VIII of Complaint filed by T.N.T. Equipment Company. (Wiech, Christopher) |
| Filing 54 REPLY BRIEF re #20 MOTION to Dismiss Claims Against Defendants Premier Scaffold Solutions, LLC and Anthony Valentine filed by Premier Scaffold Solutions, LLC, Anthony Valentine. (Wiech, Christopher) |
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Filing 53
SCHEDULING ORDER approving the #41 Joint Preliminary Report and Discovery Plan. The time limits for adding parties, amending the pleadings, filing motions,completing discovery, and discussing settlement are as set out in the FRCP and NDGa Local Rules, except as herein modified: 8 month discovery period. Signed by Judge Timothy C. Batten, Sr. on 6/19/2009. (alc)
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| Discovery ends on 11/30/2009, per #53 Scheduling Order. (alc) |
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Filing 52
ORDER GRANTING Plaintiff's #45 Expedited Motion for Enlargement of Time to File Response re: Defendants' #20 , #21 Motions to Dismiss and #33 Motion to Transfer Case. The time for filing the responses and supporting evidence is extended through 6/16/2009, and the documents are timely filed. Signed by Judge Thomas W. Thrash, Jr. for Judge Timothy C. Batten, Sr. on 6/16/2009. (alc)
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| Filing 51 AFFIDAVIT in Opposition re #33 MOTION to Transfer Case to USDC for SD Ohio Declaration of Vincent M. Tilley, filed by IX, LLC. (alc) |
| Filing 50 AFFIDAVIT in Opposition re #33 MOTION to Transfer Case to USDC for SD Ohio Declaration of Abram Patterson, III, filed by IX, LLC. (Attachments: #1 Exhibit 1)(alc) |
| Filing 49 RESPONSE in Opposition re #33 MOTION to Transfer Case to USDC for SD Ohio, filed by IX, LLC. (alc) |
| Filing 48 AFFIDAVIT re #44 Notice of Manual Filing Declaration of Vincent M. Tilley, filed by IX, LLC. (alc) |
| Filing 47 AFFIDAVIT in Opposition re #20 and #21 MOTIONS to Dismiss Declaration of Abram Patterson, III, filed by IX, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(alc) |
| Filing 46 RESPONSE in Opposition re #20 MOTION to Dismiss Claims Against Defendants Premier Scaffold Solutions, LLC and Anthony Valentine and #21 MOTION to Dismiss Count VIII of the Complaint, filed by IX, LLC. (alc) |
| Filing 45 Expedited MOTION for Enlargement of Time to File Response re: Defendants' #20 , #21 MOTIONS to Dismiss and #33 MOTION to Transfer Case, filed by IX, LLC. (alc) |
| Filing 44 NOTICE Of Manual Filing of Responses in Opposition re Motion to Dismiss and Motion to Transfer, Declarations of Abram Patterson and Vincent M. Tilley, and Expedited Motion for Enlargement of Time, filed by IX, LLC. (alc) |
| Filing 43 Initial Disclosures by IX, LLC.(Tilley, Vincent) |
| Filing 42 Initial Disclosures by T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine.(Wiech, Christopher) |
| Filing 41 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by IX, LLC, T.N.T Equipment Company, Premier Scaffold Solutions, LLC, Anthony Valentine, Nicholas Valentine, Roger Valentine. (Tilley, Vincent) Modified on 6/16/2009 to add dfts as joint filers (alc). |
| Filing 40 First MOTION for Leave to Amend #1 Complaint, with Brief In Support by IX, LLC. (Attachments: #1 Brief, #2 Exhibit: Proposed First Amended Complaint)(Tilley, Vincent) Modified on 6/16/2009 to add document link (alc). |
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Filing 39
CONSENT ORDER GRANTING the Parties' #38 Expedited Consent Motion for Extension of Time To File Responses, Joint Preliminary Report, and Serve Disclosures. The time within which Plaintiff must respond to Defendants' Motion To Dismiss and Motion To Transfer, and within which the Parties must file the Joint Preliminary Report And Discovery Plan and serve their Initial Disclosures, are all extended through and including 6/15/2009. Signed by Judge Timothy C. Batten, Sr. on 6/1/2009. (alc)
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| Filing 38 Expedited Consent MOTION for Extension of Time To Respond To Defendants' Motions To Dismiss and Transfer, File Joint Preliminary Report and Discovery Plan, and Serve Initial Disclosures, with Brief In Support by IX, LLC, T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine. (Attachments: #1 Text of Proposed Consent Order Extending Time)(Tilley, Vincent) Modified on 6/1/2009 to include notation re expedited, update text re subject of extension, and add dfts as co-filers(alc). |
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Filing 37
CONSENT ORDER GRANTING the Parties' #36 Expedited Consent Motion for Extension of Time To File Responses, Joint Preliminary Report, and Serve Disclosures. The time within which Plaintiff must respond to Defendants' Motion To Dismiss and Motion To Transfer, and within which the Parties must file the Joint Preliminary Report And Discovery Plan and serve their Initial Disclosures, are all extended through and including 6/1/2009. Signed by Judge Timothy C. Batten, Sr. on 5/18/2009. (alc)
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| Filing 36 Expedited Consent MOTION for Extension of Time To File responses, Joint Preliminary Report, And Serve Disclosures with Brief In Support by IX, LLC, T.N.T Equipment Compay, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine. (Attachments: #1 Text of Proposed Order Extending Time)(Tilley, Vincent) Modified on 5/18/2009 to include notation re expedited and add dfts as co-filers (alc). |
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Filing 35
CONSENT ORDER GRANTING the Parties' #34 Motion for Extension of Time. The time within which (1) the Plaintiff must respond to the Defendants' #20 and #21 Motions to Dismiss; (2) the Plaintiff must respond to the Defendants' #33 Motion to Transfer; (3) the Parties must file their Joint Preliminary Report and Discovery Plan; and (4) the Parties must serve their Initial Disclosures, is extended through and including 5/18/2009. Signed by Judge Timothy C. Batten, Sr. on 4/17/2009. (alc)
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| Filing 34 Expedited Consent MOTION for Extension of Time to file Joint Preliminary Report and Discovery Plan; Serve Initial Disclosures; Respond to the Defendants' #20 and #21 Motions to Dismiss; and Respond to the Defendants' #33 Motion to Transfer Case to USDC for SD Ohio, filed by T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine, IX, LLC. (Wiech, Christopher) Modified on 4/17/2009 to clarify text and add pla as co-filer (alc). |
| Filing 33 MOTION to Transfer Case to USDC for SD Ohio with Brief In Support by T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wiech, Christopher) |
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Filing 32
CONSENT ORDER GRANTING the #30 Consent Motion for Extension of Time. The time within which the Parties must file the Joint Preliminary Report and Discovery Plan and serve their Initial Disclosures is extended through and including 4/17/2009. Signed by Judge Timothy C. Batten, Sr. on 4/2/2009. (alc)
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Filing 31
CONSENT ORDER GRANTING the #29 Consent Motion for Extension of Time to Defendants' Motion to Dismiss. The time within which Plaintiff may respond is extended through and including 4/17/2009. Signed by Judge Timothy C. Batten, Sr. on 4/2/2009. (alc)
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| Filing 30 Consent MOTION for Extension of Time To File Joint Preliminary Report And Serve Initial Disclosures with Brief In Support by IX, LLC, T.N.T. Equipment Company, Inc., Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine. (Attachments: #1 Text of Proposed Order Consent Order)(Tilley, Vincent) Modified on 4/6/2009 to add dfts as co-filers (alc). |
| Filing 29 Consent MOTION for Extension of Time To File Response To Defendants' Motion To Dismiss with Brief In Support by IX, LLC, T.N.T. Equipment Company, Inc., Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine. (Attachments: #1 Text of Proposed Order)(Tilley, Vincent) Modified on 4/6/2009 to add dfts as co-filers (alc). |
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Filing 28
CONSENT ORDER GRANTING the #27 Joint Motion for Extension of Time for Plaintiff to Respond to Defendants' Motion to Dismiss. The time within which Plaintiff may respond is extended through and including 4/3/2009. Signed by Judge Timothy C. Batten, Sr. on 3/16/2009. (alc)
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| Filing 27 Joint MOTION for Extension of Time To Respond To Defendants' Motion To Dismiss with Brief In Support by IX, LLC, T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine. (Attachments: #1 Text of Proposed Order Extending Time For Plaintiff To Respond To Motion To Dismiss)(Tilley, Vincent) Modified on 3/17/2009 to add dfts as joint filers (alc). |
| Filing 26 Rule 7.1 Corporate Disclosure Statement by IX, LLC. (Tilley, Vincent) Modified on 3/13/2009 to update text to more accurately reflect e-filed pleading (alc). |
| APPROVAL by Clerks Office re: #23 APPLICATION for Admission of Stephen C. Barsotti Pro Hac Vice. Attorney Stephen C. Barsotti added appearing on behalf of T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine (cdg) |
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MINUTE ORDER granting #23 & #24 Applications for Admission Pro Hac Vice for Robert G. Schuler and Stephen C. Barsotti by CRD by direction of the Court. Approved by Judge Timothy C. Batten, Sr on 3/10/09. (jgs)
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| APPROVAL by Clerks Office re: #24 APPLICATION for Admission of Robert G. Schuler Pro Hac Vice. Attorney Robert G. Schuler added appearing on behalf of T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine (cdg) |
| Filing 25 NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Mark Stephen VanderBroek re #23 and #24 APPLICATIONS for Admission of Pro Hac Vice. (alc) |
| Filing 24 APPLICATION for Admission of Robert G. Schuler Pro Hac Vice by T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine. Filing Fee received $150.00, Receipt #10040. (Attachments: #1 Order of Admission)(alc) |
| Filing 23 APPLICATION for Admission of Stephen C. Barsotti Pro Hac Vice by T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine. Filing Fee received $150.00, Receipt #10040. (Attachments: #1 Order of Admission)(alc) |
| Filing 22 Certificate of Interested Persons and Corporate Disclosure Statement by T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine. (Wiech, Christopher) Modified on 3/5/2009 to update text re title of e-filed pleading (alc). |
| Notification of Docket Correction re #20 MOTION to Dismiss Claims Against Defendants Premier Scaffold Solutions, LLC and Anthony Valentine. This pleading also contained the #21 Motion to Dismiss Count VIII of the Complaint by T.N.T. Equipment Company. The #21 Motion to Dismiss was docketed separately to ensure it shows on the docket with the correct filer information. The filer information and text on the #20 Motion to Dismiss have been updated correspondingly. (alc) |
| Filing 21 MOTION to Dismiss Count VIII of the Complaint with Brief In Support by T.N.T. Equipment Company. (Attachments: #1 Declaration of Nicholas Valentine, #2 Declaration of Anthony Valentine)(alc) |
| Filing 20 MOTION to Dismiss Claims Against Defendants Premier Scaffold Solutions, LLC and Anthony Valentine with Brief In Support by Premier Scaffold Solutions, LLC, Anthony Valentine. (Attachments: #1 Declaration of Nicholas Valentine, #2 Declaration of Anthony Valentine)(Wiech, Christopher) Modified on 3/4/2009 to remove text re motion by T.N.T. Equipment Company - that motion docketed separately at #21 (alc). |
| Filing 19 ANSWER to #1 COMPLAINT by Nicholas Valentine.(Wiech, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 18 ANSWER to #1 COMPLAINT by Roger Valentine.(Wiech, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 17 ANSWER to #1 COMPLAINT by T.N.T. Equipment Company. Discovery ends on 7/31/2009.(Wiech, Christopher) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 16 Joint STIPULATION To Extend Time For Defendants to Respond to Plaintiff's First Discovery Requests by T.N.T. Equipment Company, Anthony Valentine, Nicholas Valentine, Premier Scaffold Solutions, LLC,Roger Velantine, IX, LLC. (Wiech, Christopher) Modified on 3/2/2009 to remove capitalization and add other dfts and pla as joint filers (alc). |
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Filing 15
ORDER GRANTING the Parties' #14 Joint Motion for Extension of Time to File Answer. The time within which Defendants T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, and Roger Valentine may answer or otherwise respond to Plaintiff's complaint is extended through and including 3/3/2009. Signed by Judge Timothy C. Batten, Sr. on 2/17/2009. (alc)
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| Filing 14 Joint MOTION for Extension of Time to File Answer by T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine, IX, LLC. (Wiech, Christopher) Modified on 2/17/2009 to add pla as joint filer (alc). |
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Filing 13
ORDER FOR DISTRIBUTION OF FUNDS Held in the Registry of the Court. Plaintiff's #12 Emergency MOTION for Disbursement of Funds from the registry of the Court is GRANTED. The Clerk is AUTHORIZED and DIRECTED to draw a check on the funds on deposit in the registry of this court in the principal amount of $4,400.00 plus all accrued interest, minus any statutory users fees, payable to the Plaintiff, IX, LLC, and to mail the check to the Plaintiff's counsel, Vince Tilley, Esq., at Suite 200, Building One, 4200 Northside Parkway, Atlanta, GA 30327. Signed by Judge Timothy C. Batten, Sr. on 2/4/2009. (alc)
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| Filing 12 Emergency MOTION for Disbursement of Funds from the registry of the Court with Brief In Support by IX, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Declaration of Vincent M. Tilley)(Tilley, Vincent) |
| Filing 11 NOTICE of Appearance by Mark Stephen VanderBroek on behalf of T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine (VanderBroek, Mark) |
| Filing 10 NOTICE of Appearance by Christopher A. Wiech on behalf of T.N.T. Equipment Company, Premier Scaffold Solutions, LLC, Nicholas Valentine, Anthony Valentine, Roger Valentine (Wiech, Christopher) |
| NOTICE of Hearing on Motion for preliminary injuction. See Order granting TRO. Motion Hearing set for 2/3/2009 at 10:30 AM in ATLA Courtroom 1708 before Judge Timothy C. Batten Sr. (jgs) |
| Filing 9 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Motion Hearing held on 1/21/2009 re #6 Expedited MOTION for Permission to Immediately Commence Written Discovery and MOTION for Temporary Restraining Order filed by IX, LLC. The Court heard from Plaintiff's counsel ex parte and granted the motion for TRO. A Preliminary Injuction hearing is set for Tuesday, 2/3/2009 at 10:30 a.m. in Courtroom 1708. Plaintiff to post bond in the amount of $4,400. The Clerk is directed to accept a check in that amount from the Plaintiff's company. Plaintiff's motion for expedited discovery is granted. Order from the Court to follow. (alc) |
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Filing 8
TEMPORARY RESTRAING ORDER GRANTING Plaintiff's #6 Motion for TRO. This order shall expire 10 days after the date of execution unless continued by further order of the Court. Assuming Plaintiff, on or before 1/28/2009, files a motion for preliminary injunction similar to its motion for temporary restraining order, the hearing on said motion shall take place on 2/3/2009 at 10 :30 a.m. in Courtroom 1708. Signed by Judge Timothy C. Batten, Sr. on 1/21/2009. (alc) Modified on 1/22/2009 (jgs) order reads Tuesday 2/4/09, but Tuesday is 2/3/09, the correct date.
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Filing 7
ORDER GRANTING Plaintiff's #6 Expedited MOTION for Permission to Immediately Commence Written Discovery. All parties are permitted to commence immediate written discovery by serving discovery requests, and Plaintiff shall be permitted to conduct discovery re the whereabouts of its equipment, the identities of the John Doe Defendants, and the personal jurisdictional questions. Signed by Judge Timothy C. Batten, Sr. on 1/21/2009. (alc)
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| Filing 6 Expedited MOTION for Permission to Immediately Commence Written Discovery and MOTION for Temporary Restraining Order with Brief In Support by IX, LLC. (alc) |
| Filing 5 Declaration of Vincent M. Tilley by IX, LLC. (alc) |
| Filing 4 Declaration of Katherine Shaw by IX, LLC. (alc) |
| Filing 3 Declaration of Abram Patterson, III by IX, LLC. (alc) |
| Filing 2 AO Form 120 forwarded to Commissioner. (alc) |
| Filing 1 COMPLAINT with Jury Demand filed and summon(s) issued, filed by IX, LLC. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Filing fee $350 receipt number 8434.) (Attachments: #1 Summons, #2 Civil Cover Sheet)(alc) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Bond in the amount of $4,400 received from Plaintiff pursuant to #8 Temporary Restraining Order. Receipt number 8461. (alc) |
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