AT&T Mobility LLC v. Cellco Partnership
| AT&T Mobility LLC |
| Cellco Partnership |
| 1:2009cv03057 |
| November 3, 2009 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Batten |
| Other |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 35 STIPULATION of Dismissal of Complaint Without Prejudice by AT&T Mobility LLC. (Balser, David) |
| Clerk's Entry of Dismissal APPROVING 35 Stipulation of Dismissal without prejudice pursuant to Fed.R.Civ.P.41(a)(1)(i). (alc) |
| Civil Case Terminated. (alc) |
| Filing 34 NOTICE Of Filing Certificates of Service by AT&T Mobility LLC (Klingler, Tracy) |
| Filing 33 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Telephone Conference held on 11/23/2009. After hearing from counsel, the Court orally vacated its 26 Order. The Plaintiff shall file its second amended complaint on or before 12/7/2009; Defendant's answer shall be filed on or before 12/21/2009. The Court would like all testimony at the 12/16/2009 hearing to be submitted/filed by 12/15/2009. The Court indicated it would grant a proposed confidentiality order and verbally granted parties leave to file documents under seal. (Court Reporter Elise Smith-Evans)(alc) |
| Filing 32 CERTIFICATE OF SERVICE Cellco Partnership d/b/a Verizon Wireless' Notice of Third Party Subpoena to BBDO Worldwide, filed by Cellco Partnership. (Wasserman, Harriet) |
| Filing 31 NOTICE to Take Deposition of Andy Wilson filed by Cellco Partnership (Wasserman, Harriet) |
| Filing 30 NOTICE to Take Deposition of AT&T Mobility LLC filed by Cellco Partnership (Wasserman, Harriet) |
| Filing 29 CERTIFICATE OF SERVICE Defendant's First Set of Requests for Production of Documents to Plaintiff by Cellco Partnership.(Wasserman, Harriet) |
| Filing 28 CERTIFICATE OF SERVICE Defendant's First Set of Interrogatories to Plaintiff by Cellco Partnership.(Wasserman, Harriet) |
| Filing 27 TRANSCRIPT of Temporary Restraining Order Proceedings held on November 18, 2009, before Judge Timothy C. Batten, Sr. Court Reporter/Transcriber Elise Smith Evans, Telephone number 404-215-1456. 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 12/14/2009. Redacted Transcript Deadline set for 12/24/2009. Release of Transcript Restriction set for 2/22/2010. (Attachments: # 1 Notice of Filing Transcript) (kac) |
Filing 26
VACATED PER 33 TELEPHONE CONFERENCE ORDER notifying the Parties that pursuant to FRCP 65(a)(2), the trial on the merits is consolidated with the hearing on a motion for preliminary injunction. The scheduled day and time remains Wednesday, 12/16/2009 at 9:30 AM in ATLA Courtroom 1708 before Judge Timothy C. Batten Sr. Signed by Judge Timothy C. Batten, Sr. on 11/20/2009. (alc) Modified on 11/23/2009 to indicate order vacated (alc).
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| Filing 25 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Motion Hearing held on 11/18/2009. Counsel argue their positions. The Court issues an oral ruling. Plaintiff's 3 Motion for Temporary Restraining Order and 18 Amended Motion for Temporary Restraining Order both DENIED. Hearing for preliminary injunction set for 12/16/2009 at 9:30 AM in ATLA Courtroom 1708 before Judge Timothy C. Batten Sr. (Court Reporter Elise Smith Evans)(alc) |
| Filing 24 AFFIDAVIT in Support re 18 Amended MOTION for Temporary Restraining Order Rebuttal Declaration of Robert N. Reitter, filed by AT&T Mobility LLC. (Balser, David) Modified on 11/19/2009 to update text to more accurately reflect e-filed pleading (alc). |
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Filing 23
ORDER REGARDING USE OF CELLULAR PHONES AT TRO HEARING. Defendant and its counsel shall be permitted to bring cellular phones containing cameras into ATLA Courtroom 1708 for use at the TRO hearing on 11/18/2009. Signed by Judge Timothy C. Batten, Sr. on 11/17/2009. (alc)
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| Filing 22 INSTRUCTIONS to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr. on 11/16/2009. (alc) |
| Filing 21 NOTICE Of Filing Substitute Exhibit 11 re 20 Response in Opposition to Motion, filed by by Cellco Partnership. (Attachments: # 1 Substitute Exhibit 11)(Loveland, L.) |
| Filing 20 RESPONSE in Opposition re 18 Amended MOTION for Temporary Restraining Order, 3 MOTION for Temporary Restraining Order, filed by Cellco Partnership. (Attachments: # 1 Transmittal Declaration of Kenneth A. Plevan, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Declaration of Joseph Saracino, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Declaration of Jerome Karnick, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Declaration of Susan Sherwood)(Loveland, L.) Modified on 11/17/2009 to remove duplicative text (alc). |
| APPROVAL by Clerks Office re: 14 APPLICATION for Admission of Kenneth A. Plevan Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002426382), 13 APPLICATION for Admission of Lauren Aguiar Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002426371). Attorney Kenneth Plevan, Lauren Aguiar added appearing on behalf of Cellco Partnership (cdg) |
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MINUTE ORDER granting 13 & 14 Applications for Admission Pro Hac Vice for Kenneth A. Plevan and Lauren Aguiar by CRD by direction of the Court. Approved by Judge Timothy C. Batten, Sr on 11/13/09. (jgs)
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| Remark re 18 Amended Motion for Temporary Restraining Order: 4 CDs, containing Exhibits E, F, G, and H to the Supplemental Declaration of Andy Wilson received in Clerk's Office and added to file. (alc) |
| Filing 19 NOTICE Of Filing Electronic Media re 18 Amended MOTION for Temporary Restraining Order, filed by AT&T Mobility LLC. (Balser, David) |
| Filing 18 Amended MOTION for Temporary Restraining Order with Brief In Support by AT&T Mobility LLC. (Attachments: # 1 Supplemental Memorandum of Law in Support of Amended Motion for Temporary Restraining Order, # 2 Supplemental Declaration of Andy Wilson, # 3 Proposed Order)(Balser, David) |
| Filing 17 First AMENDED COMPLAINT For Temporary Restraining Order, Preliminary Injunction, Permanent Injunction, And Damages against Cellco Partnership, filed by AT&T Mobility LLC.(Balser, David) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 16
ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM. Defense counsel and their representatives are permitted to bring certain multimedia equipment into the courthouse for use in a multimedia system at the hearing on 11/18/2009 in Courtroom 1708. Said equipment may include the following: computer presentation system, set of speakers, 4-way switch, VGA cabling and wiring, 3 laptops. Signed by Judge Timothy C. Batten, Sr. on 11/10/2009. (alc)
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| Filing 15 MOTION Requesting Use of Certain Multimedia Equipment for TRO Hearing by Cellco Partnership. (Attachments: # 1 Text of Proposed Order)(Wasserman, Harriet) |
| Filing 14 APPLICATION for Admission of Kenneth A. Plevan Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002426382) by Cellco Partnership. (Wasserman, Harriet) |
| Filing 13 APPLICATION for Admission of Lauren Aguiar Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002426371) by Cellco Partnership. (Wasserman, Harriet) |
| Filing 12 NOTICE of Appearance by L. Joseph Loveland, Jr on behalf of Cellco Partnership (Loveland, L.) |
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Filing 11
ORDER ALLOWING ELECTRONIC EQUIPMENT IN THE COURTROOM. Plaintiff is permitted to bring the following electronic equipment into the courthouse for use during the hearing on 11/18/2009 in Courtroom 1708: projector, projector screen & stand, Fender speaker, laptop, and various computer cables. Signed by Judge Timothy C. Batten, Sr. on 11/6/2009. (alc)
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| Filing 10 NOTICE of Appearance by Harriet Jill Wasserman on behalf of Cellco Partnership (Wasserman, Harriet) |
| NOTICE of Hearing on Motion re: 3 MOTION for Temporary Restraining Order. Motion Hearing set for 11/18/2009 at 02:00 PM in ATLA Courtroom 1708 before Judge Timothy C. Batten Sr. (jgs) |
| Filing 9 MOTION for Permission to Transport Electronic Equipment Into Courthouse by AT&T Mobility LLC. (Attachments: # 1 Exhibit A)(Klingler, Tracy) |
| Notification of Docket Correction re 6 Notice (Other). Edited to correct Notice to U.S. Patent and Trademark. (kt) |
| Filing 8 NOTICE TO ALL COUNSEL OF RECORD 7 Order of Recusal. (kt) |
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Filing 7
ORDER OF RECUSAL. Judge William S. Duffey, Jr recused. Case reassigned to Judge Timothy C. Batten, Sr for all further proceedings. Signed by Judge William S. Duffey, Jr on 11/3/2009. (kt)
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| Filing 6 NOTICE of Filing AO 120 form re: 1 Complaint sent to Director U.S. Patents and Trademark Office. (kt) (Additional attachment(s) added on 11/4/2009: # 1 Main Document) (kt). |
| Filing 5 NOTICE Of Filing Electronic Media re 3 MOTION for Temporary Restraining Order by AT&T Mobility LLC. (kt) |
| Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by AT&T Mobility LLC identifying Corporate Parent AT&T Mobility Corporation, Other Affiliate Cingular Wireless Corporation, Other Affiliate SBC Long Distance LLC, Other Affiliate SBC Alloy Holdings, Inc., Other Affiliate New Bellsouth Cingular Holdings, Inc., Other Affiliate Bellsouth Mobile Data, Inc. for AT&T Mobility LLC. (kt) |
| Filing 3 MOTION for Temporary Restraining Order with Brief In Support by AT&T Mobility LLC. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A - to memorandum, # 3 Declaration of Derek Poarch, # 4 Declaration of David L. Balser, # 5 Exhibit A to David L. Balser Declaration, # 6 Declaration of Andy Wilson, # 7 Exhibit A - to Andy Wilson Declaration, # 8 Exhibit B - to Andy Wilson Declaration, # 9 Exhibit C - to Andy Wilson Declaration, # 10 Exhibit D - to Andy Wilson Declaration, # 11 Text of Proposed Order)(kt) |
| Filing 2 Summons Issued as to Cellco Partnership. (kt) |
| Filing 1 COMPLAINT for Temporary Restraining Order, Preliminary Injunction, Permanent Injunction, and Damages, with Jury Demand filed and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 17895.), filed by AT&T Mobility LLC. (Attachments: # 1 Civil Cover Sheet)(kt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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| Plaintiff: AT&T Mobility LLC | |
| Represented By: | Tracy Klingler |
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| Defendant: Cellco Partnership | |
| Represented By: | Harriet Jill Wasserman |
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