Lacy et al v. Racetrac Petroleum, Inc.
| Clay Dustin and Jeff S. Lacy |
| Racetrac Petroleum, Inc. |
| 1:2018cv01346 |
| March 30, 2018 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| XX US, Outside State |
| Amy Totenberg |
| Trademark |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2019. A more recent docket listing may be available from PACER.
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| Clerk's Certificate of Mailing as to Jeff S. Lacy re #47 Clerk's Judgment. (bdb) |
| Filing 47 CLERK'S JUDGMENT ENTERED that the case be dismissed without prejudice to FRCVP 41(b) based upon Plaintiff's continuing failure to diligently prosecute this case and follow the duly issued Orders of the Court. (bdb)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
| Filing 46 AO Form 120 forwarded to Commissioner. (bdb) |
Filing 45
ORDER denying as moot #43 and #44 Motion for Permission to represent himself. The Court finds any lesser sanction would be ineffective under these circumstances, this case is hereby DISMISSED, WITHOUT PREJUDICE pursuant to Fed. R. Civ. P. 41(b) based upon Plaintiff's continuing failure to diligently prosecute this case and follow the duly issued Orders of the Court. On this basis, the Clerks Office is directed to close this case. Signed by Judge Amy Totenberg on 1/31/2019. (bdb)
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| Filing 44 MOTION Requesting to Represent Myself Pro Se by Jeff S. Lacy. (bnw) |
| Filing 43 MOTION Requesting to Represent Myself Pro Se by Jeff S. Lacy. (bnw) |
| Clerk's Certificate of Mailing as to Jeff S. Lacy re #45 Order. (bdb) |
| Civil Case Terminated. (bdb) |
| Submission of #42 Order to Show Cause,to District Judge Amy Totenberg. (hfm) |
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Filing 42
ORDER TO SHOW CAUSE: Plaintiff is Ordered to show cause by submitting a sworn Affidavit to the Court why this action should not be dismissed pursuant to Fed. R. Civ. P. 41(b) based upon Plaintiffs failure to: (1) diligently prosecute this case and (2) comply with the Orders of this Court. Plaintiff is directed to submit the required sworn Affidavit to the Court by January 29, 2019 (this directive means that the Affidavit must be received by the Court by the deadline date). In the event Plaintiff fails to submit the required Affidavit by the January 29, 2019 deadline, he is hereby warned that the Court will dismiss this action, with prejudice, without further notice. The Clerks Office is directed to resubmit this matter to the undersigned following either Plaintiffs timely submission of the required Affidavit or January 29, 2019whichever occurs first. Signed by Judge Amy Totenberg on 01/11/2019. (rlb)
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| Clerk's Certificate of Mailing as to Jeff S. Lacy re #42 Order to Show Cause. (rlb) |
| Filing 41 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 1/9/2019. Pro se plaintiff was not present on the call. The teleconference is continued to a date to be determined. (Court Reporter Shannon Welch)(bdb) |
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Filing 40
ORDER REGARDING STATUS OF PLAINTIFF LACY'S RETENTION OF COUNSEL re #36 Telephone Conference. To date there is no indication from Lacy that successor counsel has been secured. As such, the Court hereby directs Lacy to provide a written status update as to whether he has secured counsel and if not, whether it is still his intent to do so or otherwise proceed in this matter on a pro se basis indefinitely. Lacy is directed to submit this written status update to the Court not later than January 4, 2019. Lacy's failure to prosecute, in itself, is grounds for involuntary dismissal. The Court is setting down a further Telephonic Status Conference in this matter for January 9, 2019 at 4:00 PM.1 The conference will focus on the discovery phase of this case with specific emphasis on moving this case forward. If Lacy intends to represent himself during this telephone conference, he is directed to familiarize himself with the Federal Rules of Civil Procedure as well as the Court's Local Civil Rules, with an emphasis on the rules governing the discovery process. Signed by Judge Amy Totenberg on 12/21/2018. (bdb)
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Filing 39
ORDER granting #35 PLAINTIFF'S MOTION to Dismiss by Clay Dustin in accordance with Fed. R. Civ. P. 41(a)(2) in its entirety. Terminating Clay Dustin. Signed by Judge Amy Totenberg on 12/21/2018. (bdb)
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| Clerk's Certificate of Mailing as to Clay Dustin, Jeff S. Lacy re #39 Order on Motion to Dismiss. (bdb) |
| Clerk's Certificate of Mailing as to Jeff S. Lacy re #40 Order. (bdb) |
| Submission of #35 MOTION to Dismiss and #36 Telephone Conference, to District Judge Amy Totenberg. (bdb) |
| Filing 38 Mail Returned as Undeliverable. RTS. Not deliverable as addressed. Mail sent to Clay Dustin re #32 Order. Remailed to: 163 Arapaho, Quitman, TX 75783. (bdb) |
| Filing 37 RESPONSE in Opposition re #35 MOTION to Dismiss filed by Racetrac Petroleum, Inc.. (Faris, James) |
| Filing 36 Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 11/15/2018. On November 15, 2018, the Court held a telephonic conference in this matter in order to address multiple issues existing both prior to and following Plaintiffs' counsel's withdrawal from this action. Specifically, the Court spent some time discussing Plaintiff Lacy's intention to either continue to represent himself pro se in this matter or whether he instead intends to seek successor counsel to represent his interests. In addition, the Court took up the matter of Plaintiff Dustin's motion [Doc. 35] seeking to dismiss his claims in this action. After hearing from all parties concerning the above issues, the Court directed that: (1) Plaintiff Lacy shall have up to and including December 14, 2018 to secure successor counsel in this case and made clear that not later than the December 14th date, incoming counsel is to have filed a notice of appearance on the electronic docket; and (2) to the extent Defendant seeks to interpose opposition to Plaintiff Dustin's motion to dismiss, it is to do so not later than November 26, 2018. Moreover, the Court directed the Clerk's Office to resubmit this matter to the undersigned on December 17, 2018. (Court Reporter Shannon Welch) (jtj) |
| Filing 35 PLAINTIFF'S MOTION to Dismiss by Clay Dustin. (jtj) |
| Filing 34 STATUS REPORT by Racetrac Petroleum, Inc.. (Attachments: #1 Exhibit Declaration of James Faris, #2 Exhibit Declaration of Mark Hunter)(Faris, James) |
| Clerk's Certificate of Mailing as to Clay Dustin, Jeff S. Lacy re 10/26/2018 Minute Order. (jtj) |
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MINUTE ORDER: On October 4, 2018, the Court granted Luke Anderson's request to withdraw as counsel for both named Plaintiffs in this action. (Doc. 32). The Court directed that Plaintiffs, by October 25, 2018, either secure successor counsel or, in the alternative, notify the Court that they will be appearing in a pro se capacity. Id. In accordance with this directive, Plaintiffs, on October 24, 2018, filed a jointly submitted motion seeking to proceed in this matter pro se "until other counsel can be obtained." [Doc. 33]. The Court hereby GRANTS Plaintiffs' motion [Doc. 33]. As such, Plaintiff Jeff S. Lacy and Clay Dustin shall be permitted to represent themselves in this matter unless and until such time as they each, individually or collectively, secure successor counsel. The Court places Plaintiffs on notice that they are each individually responsible for complying with the Federal Rules of Civil Procedure and the Local Rules of this Court during the pendency of this matter. Further, although referenced in the Court's October 4, 2018 Order, the Court again directs that Plaintiffs shall engage in a meet-and-confer session with Defendant and file an updated joint Status Report concerning the overall pendency of discovery. The joint Status Report shall be filed on the Court's electronic docket not later than November 2, 2018. Ordered by Judge Amy Totenberg on 10/26/2018. (jtj)
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| Filing 33 MOTION to Proceed Pro Se by Clay Dustin, Jeff S. Lacy. (ddm) |
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Filing 32
ORDER GRANTING #28 Motion to Withdraw Luke Anderson as attorney for plaintiffs. Plaintiffs are ORDERED to advise the Court in writing no later than October 25, 2018, whether they each plan to proceed pro se or obtain other legal counsel. All activity in this case is hereby STAYED until such time (but in no event later than October 25, 2018) as Plaintiffs have either secured successor counsel or have notified the Court that they will be proceeding in this matter in a pro se capacity. Upon securing successor counsel or otherwise proceeding pro se, Plaintiffs and Defendant are directed to meet and confer and file an updated joint Status Report concerning the overall pendency of discovery. The Status Report shall be filed on the Court's electronic docket not later than November 2, 2018. Signed by Judge Amy Totenberg on 10/04/2018. (jtj)
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| Clerk's Certificate of Mailing as to Clay Dustin, Jeff S. Lacy re #32 Order on Motion to Withdraw as Attorney. (jtj) |
| Filing 31 Notice of Discovery Dispute - Consolidated/Joint Discovery Statement, by Racetrac Petroleum, Inc. (Attachments: #1 Exhibit Relevant excerpts from RaceTracs first set of interrogatories to Dustin, #2 Exhibit Relevant excerpts from Dustins interrogatory responses, #3 Exhibit Relevant excerpts from Lacys interrogatory responses, #4 Exhibit Relevant excerpts from Dustins written responses to RaceTracs document requests, #5 Exhibit Relevant excerpts from Lacys written responses to RaceTracs document requests)(Faris, James) |
| Filing 30 NOTICE of Withdrawal of Everlast Subpoena by Racetrac Petroleum, Inc. (Faris, James) |
| Filing 29 NOTICE Of Filing of Proof of Service of Subpoenas by Racetrac Petroleum, Inc. (Attachments: #1 Exhibit Proof of Service of Everlast Subpoena, #2 Exhibit Proof of Service of Electronic Arts Subpoena)(Faris, James) |
| Filing 28 MOTION to Withdraw Stephen Luke Anderson as Attorneyby Clay Dustin, Jeff S. Lacy. (Attachments: #1 Exhibit LR 83.1(E) Notice Letter)(Anderson, Stephen) |
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Filing 27
ORDER re #25 Defendant's Consolidated Discovery Statement. For the reasons stated in this order, the Court will not consider Defendant's Statement at this time. Upon compliance with the requisite rules, Defendant may resubmit its discovery disputes in the manner and means contemplated by Rule III(e). If after attempting to confer, in good faith, the parties are unable to submit a Consolidated Statement as contemplated by the Courts Standing Order, Plaintiff may submit a request, by filing the same on the docket, for permission to file a formal motion in accordance with Fed. R. Civ. P. 37(a). The Court further directs the parties to engage in a bona fide good faith meet-and-confer session to take place either in-person or telephonically not later than 5 business days from the date of this Order. Signed by Judge Amy Totenberg on 9/20/2018. (See order for more details) (jtj)
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| Filing 26 NOTICE of Subpoena to Electronic Arts Inc. by Racetrac Petroleum, Inc. (Attachments: #1 Exhibit Subpoena to Electronic Arts Inc.)(Faris, James) |
| Filing 25 NOTICE of Consolidated Discovery Statement, by Racetrac Petroleum, Inc. (Attachments: #1 Exhibit Relevant excerpts from RaceTracs first set of interrogatories to Dustin, #2 Exhibit Relevant excerpts from Dustins interrogatory responses, #3 Exhibit Relevant excerpts from Lacys interrogatory responses, #4 Exhibit Relevant excerpts from Dustins written responses to RaceTracs document requests, #5 Exhibit Relevant excerpts from Lacys written responses to RaceTracs document requests)(Faris, James) |
| Filing 24 NOTICE of Subpoena to Everlast Worldwide Inc. by Racetrac Petroleum, Inc. (Attachments: #1 Exhibit Subpoena to Everlast Worldwide Inc.)(Faris, James) |
| Filing 23 CERTIFICATE OF SERVICE Notices of Deposition to Plaintiffs Lacy and Dustin by Racetrac Petroleum, Inc..(Faris, James) |
| Filing 22 CERTIFICATE OF SERVICE for Defendant's Response to Plaintiffs' First Discovery Request by Racetrac Petroleum, Inc. (Faris, James) |
| Filing 21 CERTIFICATE OF SERVICE for Plaintiff Jeff Lacy's Response to Defendant's First Request for the Production of Documents and Things by Jeff S. Lacy.(Anderson, Stephen) |
| Filing 20 CERTIFICATE OF SERVICE for Plaintiff Jeff Lacy's Response to Defendant's First Request for Admissions by Jeff S. Lacy.(Anderson, Stephen) |
| Filing 19 CERTIFICATE OF SERVICE for Plaintiff Jeff Lacy's Response to Defendant's First Set of Interrogatories by Jeff S. Lacy.(Anderson, Stephen) |
| Filing 18 (DUPLICATE PDF OF #17 ) CERTIFICATE OF SERVICE for Plaintiff Clay Dustin's Response to Defendant's First Set of Interrogatories by Clay Dustin.(Anderson, Stephen) Text Modified on 7/17/2018 (sap). |
| Filing 17 CERTIFICATE OF SERVICE for Plaintiff Clay Dustin's Response to Defendant's First Set of Interrogatories by Clay Dustin, Jeff S. Lacy.(Anderson, Stephen) Text Modified on 7/17/2018 (sap). |
| Filing 16 CERTIFICATE OF SERVICE for Plaintiff Clay Dustin's Response to Defendant's First Request For Admissions by Clay Dustin, Jeff S. Lacy. (Anderson, Stephen) |
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Filing 15
SCHEDULING ORDER: re: #10 Joint Preliminary Report and Discovery Plan. Signed by Judge Amy Totenberg on 6/19/18. (jpa)
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| Submission of #10 Joint Preliminary Report and Discovery Plan to District Judge Amy Totenberg. (jkl) |
| Filing 14 CERTIFICATE OF SERVICE of Defendant's First Set of Discovery Requests by Racetrac Petroleum, Inc..(Faris, James) |
| Filing 13 CERTIFICATE OF SERVICE For Plaintiffs First Discovery Request (Irogs 1 to 12 and RFP 1 to 76) by Clay Dustin, Jeff S. Lacy.(Anderson, Stephen) |
| Filing 12 CERTIFICATE OF SERVICE of Plaintiffs Initial Disclosures by Clay Dustin, Jeff S. Lacy.(Anderson, Stephen) |
| Filing 11 Initial Disclosures by Racetrac Petroleum, Inc..(Faris, James) |
| Filing 10 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Clay Dustin, Jeff S. Lacy. (Anderson, Stephen) |
| Filing 9 NOTICE of Filing Certificate of Compliance by Racetrac Petroleum, Inc. (Faris, James) |
| Filing 8 Certificate of Interested Persons and Corporate Disclosure Statement by Racetrac Petroleum, Inc. (Faris, James) |
| Filing 7 ANSWER to #1 COMPLAINT by Racetrac Petroleum, Inc.. Discovery ends on 10/15/2018.(Faris, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 6 Return of Service Executed by Jeff S. Lacy and Clay Dustin. Racetrac Petroleum, Inc. served on 4/26/2018, answer due 5/17/2018. (Attachments: #1 Affidavit Proof of Service)(Anderson, Stephen) |
| Filing 5 CERTIFICATE of Counsel re #4 Order, by Stephen Luke Anderson on behalf of Clay Dustin, Jeff S. Lacy (Anderson, Stephen) |
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Filing 4
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Courts Local Civil Rules. Signed by Judge Amy Totenberg on 4/6/2018. (sap)
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| Filing 3 AO Form 120 forwarded to Commissioner. (eop) |
| Filing 2 Electronic Summons Issued as to Racetrac Petroleum, Inc.. (eop) |
| Filing 1 COMPLAINT with Jury Demand, filed by Jeff S. Lacy and Clay Dustin; and Summon(s) issued. ( Filing fee $ 400.00 receipt number 113E-7782678.) (Attachments: #1 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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