Hi-Tech Pharmaceuticals, Inc. v. Allmax Nutrition, Inc. et al
| Hi-Tech Pharmaceuticals, Inc. |
| Allmax Nutrition, Inc, Allmax Nutrition, Inc., HBS International Corp. and Michael Kichuk |
| 1:2016cv01783 |
| June 1, 2016 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Gwinnett |
| Timothy C Batten |
| Other Fraud |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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| Document Text |
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| Civil Case Terminated. (usw) |
| Clerk's Entry of Dismissal APPROVING #60 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) (usw) |
| Filing 60 STIPULATION of Dismissal By All Parties That Have Appeared by Hi-Tech Pharmaceuticals, Inc.. (Parsley, Robert) |
Filing 59
SCHEDULING ORDER re #58 Joint Preliminary Report and Discovery Plan. Signed by Judge Timothy C. Batten, Sr. on 07/01/2019. (usw)
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| Filing 58 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Hi-Tech Pharmaceuticals, Inc.. (Parsley, Robert) |
| RETURN of #55 APPLICATION for Admission of Jenna Fullerton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8679459) to attorney for correction re: courts and local counsel. (pmb) |
| Filing 57 Certificate of Interested Persons by Hi-Tech Pharmaceuticals, Inc.. (Parsley, Robert) |
| Clerks Notation re #57 Certificate of Interested Persons: reviewed and approved by Judge Timothy C. Batten, Sr. (se) |
| Filing 56 NOTICE of Appearance by Meredith Corey Lee on behalf of Hi-Tech Pharmaceuticals, Inc. (Lee, Meredith) |
| Filing 55 APPLICATION for Admission of Jenna Fullerton Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8679459)by Hi-Tech Pharmaceuticals, Inc.. (Parsley, Robert) |
| Filing 54 Instructions to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr. on 5/22/19. (rsh) |
| Filing 53 Defendant ANSWER to #36 Amended Complaint by HBS International Corp.. Discovery ends on 10/18/2019.(Tangri, Ragesh) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 52 Minute Entry for Telephone Conference held on 5/14/2019 before Judge Timothy C. Batten, Sr. DENYING #43 Motion to Dismiss for Failure to State a Claim, DENYING #43 Motion to Dismiss, and DENYING at the direction of Chambers, #43 Motion to Strike. The court also directed defendant to file his answer within 7 days. Discovery will start 30 days after the answer is filed; parties were granted an 8-month discovery track. Court wants to try this case in the spring. (Court Reporter Lori Burgess)(usw) |
| NOTICE of TELEPHONE CONFERENCE: 5/14/19, 2:00 p.m. (se) |
| Submission of #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss MOTION to Strike, #49 Response to Motion, #51 Reply Brief, to District Judge Timothy C. Batten Sr. (usw) |
| Filing 51 REPLY BRIEF re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss MOTION to Strike filed by HBS International Corp.. (Tangri, Ragesh) |
| Filing 50 Notice for Leave of Absence for the following date(s): May 23 - June 10, 2019, by Charles Ronald Bridgers. (Bridgers, Charles) |
| Filing 49 RESPONSE re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss, MOTION to Strike filed by Hi-Tech Pharmaceuticals, Inc.. (tcc) |
| Filing 48 NOTICE of Appearance by Robert Foust Parsley on behalf of Hi-Tech Pharmaceuticals, Inc. (tcc) |
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Filing 47
ORDER GRANTING #46 Unopposed Motion for Extension of Time and Setting Briefing Schedule. Plaintiff's response to Defendant's pending Motion to Dismiss #43 shall be filed on or before 04/12/19; and Defendant's reply in support of its Motion to Dismiss #43 shall be filed on or before 5/3/2019. Signed by Judge Timothy C. Batten, Sr. on 03/21/2019. (usw)
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| Filing 46 Consent MOTION for Extension of Time re: #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(Williams, James) |
| Filing 45 NOTICE of Appearance by James T. Williams, IV on behalf of HBS International Corp. (Williams, James) |
| MINUTE ORDER granting #42 Application for Admission Pro Hac Vice of William Henry Huttinger. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 3/15/19. (se) |
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Filing 44
ORDER finding #36 First Amended Complaint the operative pleading and allowing case to proceed. Signed by Judge Timothy C. Batten, Sr. on 3/12/19. (rsh)
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| MINUTE ORDER granting #41 Application for Admission Pro Hac Vice of Victoria Leigh Weatherford. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 3/12/19. (se) |
| APPROVAL by Clerks Office re: #42 APPLICATION for Admission of William Henry Huttinger Pro Hac Vice. Attorney William Henry Huttinger added appearing on behalf of Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk (pmb) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (First Amended Complaint), Or, In the Alternative, MOTION to Dismiss and/or Strike Count 1 with Brief In Support by HBS International Corp.. (Attachments: #1 Brief Memorandum of Law, #2 Text of Proposed Order Text of Proposed Order)(Tangri, Ragesh) . Added MOTION to Dismiss, Added MOTION to Strike on 4/15/2019 (tcc). |
| Submission of #34 Order to Show Cause to District Judge Timothy C. Batten Sr.. (usw) |
| APPROVAL by Clerks Office re: #41 APPLICATION for Admission of Victoria Leigh Weatherford Pro Hac Vice. Attorney Holly Hawkins Saporito added appearing on behalf of Allmax Nutrition, Inc. et al (jkm) |
| Filing 42 APPLICATION for Admission of William Henry Huttinger Pro Hac Vice by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk. (Rawls, Caroline) |
| Filing 41 APPLICATION for Admission of Victoria Leigh Weatherford Pro Hac Vice by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk. (Rawls, Caroline) |
| RETURN of #40 APPLICATION for Admission of Victoria Weatherford Pro Hac Vice (Application fee $ 150, receipt number 113E-8476285)for correction re:petitioners address (cdg) Modified on 2/28/2019 to correct docket text (cdg). |
| RETURN of #39 APPLICATION for Admission of William Henry Huttinger Pro Hac Vice (Application fee $ 150, receipt number 113E-8476283) to attorney for correction re: petitioners address. (cdg) Modified on 2/28/2019 (cdg). |
| Filing 40 TERMINATED IN FAVOR OF DOCKET ENTRY #41 APPLICATION for Admission of Victoria Weatherford Pro Hac Vice (Application fee $ 150, receipt number 113E-8476285)by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk. (Rawls, Caroline) Modified on 3/12/2019 (rsh). |
| Filing 39 APPLICATION for Admission of Henry Huttinger Pro Hac Vice (Application fee $ 150, receipt number 113E-8476283)by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk. (Rawls, Caroline) |
| MINUTE ORDER GRANTING the withdrawal of Attorney Ana Nicole DeMoss; Ms. Moss is terminated as counsel in this case.Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 2/19/19. (se) |
| MINUTE ORDER granting #38 Motion for Order. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 2/19/19. (se) |
| Filing 38 MOTION for Order Permitting Ana Nicole Demoss' Withdrawal as Counsel by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk. (Rawls, Caroline) |
| Filing 37 NOTICE of Appearance by Caroline Marie Rawls on behalf of Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk (Rawls, Caroline) |
| Filing 36 First AMENDED COMPLAINT against HBS International Corp.with Jury Demand filed by Hi-Tech Pharmaceuticals, Inc..(Bridgers, Charles) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 35 RESPONSE TO ORDER TO SHOW CAUSE re: #34 Order to Show Cause filed by Hi-Tech Pharmaceuticals, Inc.. (Bridgers, Charles) |
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Filing 34
ORDER TO SHOW CAUSE. Plaintiff is ordered to show cause within 14 days why this case should not be dismissed for failure to obey a court order.Signed by Judge Timothy C. Batten, Sr. on 02/04/2019. (usw)
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| Submission of #33 Order to District Judge Timothy C. Batten Sr. (usw) |
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Filing 33
ORDER VACATING #32 Order Reopening Discovery. Plaintiff to file an amended complaint no later than January 30. Defendants will then have twenty-one days to file an answer or other responsive pleading. Signed by Judge Timothy C. Batten, Sr. on 1/9/2019. (usw)
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Filing 32
ORDER reopening case on remand from Eleventh Circuit. Discovery ends on 5/8/2019. (REOPENING OF DISCOVERY VACATED PER #33 ORDER) Signed by Judge Timothy C. Batten, Sr. on 1/8/19. (rsh) Modified on 1/11/2019 (usw). Modified on 2/4/2019 (anc).
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Filing 31
ORDER making the USCA mandate the judgment of this Court re #23 Notice of Appeal Case Appealed to USCA 11th Circuit Case Number 17-13884-GG. Signed by Judge Timothy C. Batten, Sr. on 1/4/2019. (usw)
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| Filing 30 PROPOSED MANDATE ORDER re: #29 USCA Mandate. (Prepared by clerk) (usw) |
| Submission of #29 USCA Mandate and #30 Proposed Mandate Order, to District Judge Timothy C. Batten, Sr. (usw) |
| Filing 29 Copy of MANDATE of USCA AFFIRMING the dismissal of Hi-Tech's claim under the Georgia Uniform Deceptive Trade Practices Act but, REVERSE the dismissal of its claim under the Lanham Act and REMAND to the District Court for further action re: #23 Notice of Appeal filed by Hi-Tech Pharmaceuticals, Inc. Case Appealed to USCA 11th Circuit Case Number 17-13884-GG. (usw) |
| Filing 28 USCA Opinion received (AFFIRMED IN PART, REVERSED IN PART and REMANDED) re: #23 Notice of Appeal filed by Hi-Tech Pharmaceuticals, Inc. In accordance with FRAP 41(b), the USCA mandate will issue at a later date. Case Appealed to USCA- 11th Circuit. Case Number 17-13884-GG. (pjm) |
| Pursuant to F.R.A.P.11(c), the Clerk certifies that the record is complete for purposes of this appeal re: #23 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-13884-GG. The entire record on appeal is available electronically. (kac) |
| Filing 27 Forwarded Payment of Appeal Fees and docket sheet to USCA re: #23 Notice of Appeal filed by Hi-Tech Pharmaceuticals, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-13884-GG. (kac) |
| Payment of Appeal Fees re #23 Notice of Appeal by Hi-Tech Pharmaceuticals, Inc.. Filing fee $ 505, receipt number 113E-7361932. (Bridgers, Charles) |
| Filing 26 USCA Acknowledgment of #23 Notice of Appeal filed by Hi-Tech Pharmaceuticals, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 17-13884-G. (kac) |
| Filing 25 Transmission of Certified Copy of Notice of Appeal, Clerk's Judgment, Orders and Docket Sheet to US Court of Appeals re: #23 Notice of Appeal. (kac) |
| Filing 24 NOTICE Of Filing Appeal Transmission Letter by Hi-Tech Pharmaceuticals, Inc., re: #23 Notice of Appeal. (kac) |
| Filing 23 NOTICE OF APPEAL as to #21 Order on Motion to Dismiss by Hi-Tech Pharmaceuticals, Inc., and #22 Clerk's Judgment. Transcript Order Form due on 9/11/2017 (Bridgers, Charles) Modified on 8/28/2017 to include document relationship (kac). |
| Filing 22 CLERK'S JUDGMENT dismissing action without prejudice as Court has granted dfts' motions to dismiss. (rsh)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
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Filing 21
ORDER granting HBS's motion to dismiss #14 , and Allmax and Kichuk's motion to dismiss #13 . Clerk directed to close this case. Signed by Judge Timothy C. Batten, Sr on 7/27/17. (rsh)
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| Civil Case Terminated. (rsh) |
| Clerk's Entry of Dismissal APPROVING #19 Stipulation of Dismissal with prejudice Counts 5,6, and 7 of plaintiff's complaint pursuant to Fed.R.Civ.P.41(a)(1)(ii). (jlm) |
| Submission of #13 MOTION to Dismiss , #14 MOTION to Dismiss , submitted to District Judge Timothy C. Batten. (jlm) |
| Filing 20 REPLY to Response to Motion re #14 MOTION to Dismiss filed by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk. (Feldman, Michael) |
| Filing 19 STIPULATION of Dismissal with Prejudice by Hi-Tech Pharmaceuticals, Inc.. (Bridgers, Charles) |
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Filing 18
ORDER granting #12 Motion for Leave to File Matters Under Seal. Signed by Judge Timothy C. Batten, Sr on 11/17/16. (jlm)
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| Filing 17 RESPONSE in Opposition re #14 MOTION to Dismiss filed by Hi-Tech Pharmaceuticals, Inc.. (Bridgers, Charles) |
| Submission of #12 MOTION for Leave to File Matters Under Seal re: #11 Notice of Filing Certificate of Interested Persons, submitted to District Judge Timothy C. Batten. (jlm) |
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Filing 16
ORDER GRANTING #15 Motion for Extension of Time to and including 11/16/16 for plaintiff to file its opposition to defendants' #13 MOTION to Dismiss and #14 MOTION to Dismiss. Reply deadline is set for 11/30/16. Signed by Judge Timothy C. Batten, Sr on 11/14/16. (jlm)
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| Filing 15 MOTION for Extension of Time file their respective briefs regarding Defendants motions to dismiss re: #14 MOTION to Dismiss , #13 MOTION to Dismiss with Brief In Support by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk. (Attachments: #1 Text of Proposed Order Proposed Order)(Feldman, Michael) |
| Filing 14 MOTION to Dismiss with Brief In Support by HBS International Corp.. (Attachments: #1 Memorandum of Law, #2 Declaration of Sean Sweeney, #3 Exhibit 1 to Sweeney Declaration, #4 Text of Proposed Order)(Feldman, Michael) |
| Filing 13 MOTION to Dismiss with Brief In Support by Allmax Nutrition, Inc., Michael Kichuk. (Attachments: #1 Memorandum of Law, #2 Declaration of Michael Kichuk, #3 Text of Proposed Order)(Feldman, Michael) Modified on 11/1/2016 to correct filer information (fap). |
| Filing 12 MOTION for Leave to File Matters Under Seal re: #11 Notice of Filing with Brief In Support by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk. (Attachments: #1 Exhibit 1 - Redacted Certificate of Interested Persons, #2 Proposed Order)(DeMoss, Ana) |
| Filing 11 SEALED NOTICE Of Filing by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk (Attachments: #1 Certificate of Interested Persons)(DeMoss, Ana) Modified on 11/17/2016 (jlm). |
| MINUTE ORDER granting #6 Application for Admission Pro Hac Vice of Michael Feldman; granting #7 Application for Admission Pro Hac Vice of Ragesh Tangri. Entered by CRD at the direction of Judge Timothy C. Batten, Sr on 9/13/16. (se) |
| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Michael Feldman Pro Hac Vice (Application fee $ 150, receipt number 113E-6648358). Attorney Michael Feldman added appearing on behalf of Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk (cdg) |
| APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Ragesh Tangri Pro Hac Vice (Application fee $ 150, receipt number 113E-6648376). Attorney Ragesh Tangri added appearing on behalf of Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk (cdg) |
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Filing 10
ORDER GRANTING #8 Motion for Extension of Time to Answer re #1 Complaint. Allmax Nutrition, Inc. Answer due 10/28/2016; HBS International Corp. Answer due 10/28/2016; Michael Kichuk Answer due 10/28/2016. Signed by Judge Timothy C. Batten, Sr on 8/25/16. (jlm) Modified on 8/25/2016 (jlm).
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| Notification of Docket Correction re #10 Order on Motion for Extension of Time to Answer. Correction made to answer due date. Answers due 10/28/16. (jlm) |
| Filing 9 NOTICE of Appearance by Ana Nicole DeMoss on behalf of Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk (DeMoss, Ana) |
| Filing 8 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk. (Attachments: #1 Text of Proposed Order)(Saporito, Holly) |
| Filing 7 APPLICATION for Admission of Ragesh Tangri Pro Hac Vice (Application fee $ 150, receipt number 113E-6648376)by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk. (Saporito, Holly) |
| Filing 6 APPLICATION for Admission of Michael Feldman Pro Hac Vice (Application fee $ 150, receipt number 113E-6648358)by Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk. (Saporito, Holly) |
| Filing 5 NOTICE of Appearance by Holly Hawkins Saporito on behalf of Allmax Nutrition, Inc., HBS International Corp., Michael Kichuk (Saporito, Holly) |
| Notification of Docket Correction re #2 Waiver of Service Executed, #3 Waiver of Service Executed and #4 Waiver of Service Executed. Entries changed to reflect correct Answer due date as parties are foreign. (jlm) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Hi-Tech Pharmaceuticals, Inc.. Michael Kichuk waiver mailed on 6/16/2016, answer due 9/14/2016. (Bridgers, Charles) Modified on 8/17/2016 (jlm). |
| Filing 3 WAIVER OF SERVICE Returned Executed by Hi-Tech Pharmaceuticals, Inc.. HBS International Corp. waiver mailed on 6/16/2016, answer due 9/14/2016. (Bridgers, Charles) Modified on 8/17/2016 (jlm). |
| Filing 2 WAIVER OF SERVICE Returned Executed by Hi-Tech Pharmaceuticals, Inc.. Allmax Nutrition, Inc. waiver mailed on 6/16/2016, answer due 9/14/2016. (Bridgers, Charles) Modified on 8/17/2016 (jlm). |
| Filing 1 COMPLAINT with Jury Demand filed by Hi-Tech Pharmaceuticals, Inc.. ( Filing fee $ 400.00 receipt number 113E-6485569.) (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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