Neenah, Inc. v. Mohawk Fine Papers, Inc.
Plaintiff: Neenah, Inc.
Defendant: Mohawk Fine Papers, Inc. and Crane Stationery LLC
Case Number: 1:2018cv04870
Filed: October 22, 2018
Court: US District Court for the Northern District of Georgia
Presiding Judge: Eleanor L Ross
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 20, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2018 Submission of #32 MOTION for Leave to File Matters Under Seal re: #31 Notice of Filing; #14 MOTION for Leave to File Matters Under Seal re: #13 Notice of Filing; #30 MOTION for Leave to File Matters Under Seal re: #29 Notice of Filing; #25 MOTION for Leave to File Matters Under Seal re: #24 Response in Support of Motion, #23 Response to Motion, and Exhibits, to District Judge Eleanor L. Ross. (cmd)
December 18, 2018 Opinion or Order Filing 55 JOINT STIPULATION AND CONSENT ORDER FOR EXTENSION OF TIME re #54 Stipulation. Defendants shall have through and including Monday, January 7,2019 to file and serve their reply brief in support of their Motion to Dismiss and their response to Plaintiffs Motion to Amend. Signed by Judge Eleanor L. Ross on 12/18/2018. (bnp)
December 18, 2018 Filing 54 STIPULATION re #48 Response in Opposition to Motion,, #45 MOTION to Amend Complaint Joint Stipulation and Proposed Consent Order for Extension of Time for Defendants to File Reply Brief in Support of Their Motion to Dismiss and Response to Plaintiff's Motion to Amend Complaint by Crane Stationery LLC, Mohawk Fine Papers, Inc.. (Burgoon, Brian)
December 14, 2018 Filing 53 TRANSCRIPT of Temporary Restraining Order Proceedings held on November 27, 2018, before Judge Eleanor L. Ross. Court Reporter/Transcriber Elizabeth G. Cohn, Telephone number (404) 215-1573. 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 1/4/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/14/2019. (Attachments: #1 Notice of Filing Transcript) (egc)
December 13, 2018 EXHIBITS RECEIVED re #52 Notice of Filing: Exhibit 1- A. Crane's Lettra swatchbook. Exhibit 2 - B. Classic Textures swatchbook; C. Classic Linen swatchbook; D. Touche swatchbook; E. Environment swatchbook; and F. Astrobrights swatchbook (placed in the file). (bnp)
December 12, 2018 Filing 52 NOTICE Of Filing by Neenah, Inc. re #2 MOTION for Temporary Restraining Order (Attachments: #1 Affidavit Third Declaration of Ellen Bliske)(Bush, John)
December 10, 2018 Filing 51 MOTION for Leave to File Matters Under Seal re: #50 Response in Opposition to Motion with Brief In Support by Crane Stationery LLC, Mohawk Fine Papers, Inc.. (Attachments: #1 Text of Proposed Order)(Burgoon, Brian)
December 10, 2018 Filing 50 PROVISIONALLY SEALED RESPONSE in Opposition re #28 MOTION to Exclude Declaration of Bruce Hogan filed by Crane Stationery LLC, Mohawk Fine Papers, Inc.. (Burgoon, Brian)
December 10, 2018 Filing 49 MOTION for Leave to File Matters Under Seal re: #48 Response in Opposition to Motion,, by Neenah, Inc.. (Attachments: #1 Text of Proposed Order)(Schroeder, Eric)
December 10, 2018 Filing 48 PROVISIONALLY SEALED RESPONSE in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Stay MOTION to Compel Arbitration filed by Neenah, Inc.. (Attachments: #1 Affidavit (Ex. A) Declaration of Julie Schertell with exhibits, #2 Affidavit (Ex. B) Declaration of Holly Rogers with exhibits, #3 Affidavit (Ex. C) Declaration of Nicholas Bedo with exhibits, #4 Affidavit (Ex. D) Declaration of Eric Schroeder with exhibits)(Schroeder, Eric)
December 10, 2018 Filing 47 MOTION for Leave to File Matters Under Seal re: #46 Notice of Filing, by Neenah, Inc.. (Attachments: #1 Text of Proposed Order)(Galanek, Christopher)
December 10, 2018 Filing 46 PROVISIONALLY SEALED NOTICE Of Filing Second Amended Complaint by Neenah, Inc. re #45 MOTION to Amend Complaint (Attachments: #1 Exhibit A (Proposed Second Amended Complaint), #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13)(Galanek, Christopher)
December 10, 2018 Filing 45 MOTION to Amend Complaint with Brief In Support by Neenah, Inc.. (Galanek, Christopher)
December 7, 2018 Notification of Docket Correction re #39 Response (Non-Motion), #42 Reply Brief: Added Emergency Motion for Hearing from #39 ; modified docket relationships and included response to motion for #42 . (cmd)
December 6, 2018 EMERGENCY MOTION for Hearing by Neenah, Inc. (Found within the #39 Response to Defendant's #36 Suggestion of Mootness.) (cmd)
December 6, 2018 Filing 44 MOTION for Leave to File Matters Under Seal re: #43 Notice of Filing, Exhibit 1 to Defendants' Reply to Plaintiff's Response to Defendants' Suggestion of Mootness Regarding Plaintiff's Motion for Temporary Restraining Order and Request for Emergency Hearing with Brief In Support by Crane Stationery LLC, Mohawk Fine Papers, Inc.. (Attachments: #1 Text of Proposed Order)(Burgoon, Brian)
December 6, 2018 Filing 43 PROVISIONALLY SEALED NOTICE Of Filing by Crane Stationery LLC, Mohawk Fine Papers, Inc. re #42 Reply Brief and Response (Attachments: #1 Exhibit Exhibit 1 to Defendants' Reply to Plaintiff's Response to Defendants' Suggestion of Mootness and Request for Emergency Hearing)(Burgoon, Brian) Modified on 12/7/2018 to edit text. (cmd)
December 6, 2018 Filing 42 REPLY BRIEF re #36 Suggestion of Mootness and RESPONSE re #39 EMERGENCY Motion for Hearing filed by Crane Stationery LLC, Mohawk Fine Papers, Inc. (Burgoon, Brian) Modified on 12/7/2018 to edit docket relationships and event text. (cmd)
December 6, 2018 Filing 41 MOTION for Leave to File Matters Under Seal re: #40 Notice of Filing, Exhibit 1 to Neenah, Inc.s Response to Defendants Suggestion of Mootness Regarding Plaintiffs Motion for Temporary Restraining Order and Request for Emergency Hearing with Brief In Support by Neenah, Inc.. (Attachments: #1 Text of Proposed Order)(Schroeder, Eric)
December 6, 2018 Filing 40 PROVISIONALLY SEALED NOTICE Of Filing Neenah, Inc.s Response to Defendants Suggestion of Mootness Regarding Plaintiffs Motion for Temporary Restraining Order and Request for Emergency Hearing by Neenah, Inc. re #39 Response (Non-Motion) (Attachments: #1 Exhibit 1)(Schroeder, Eric)
December 6, 2018 Filing 39 RESPONSE re #36 Notice (Other), Response to Defendants Suggestion of Mootness Regarding Plaintiffs Motion for Temporary Restraining Order and Request for Emergency Hearing filed by Neenah, Inc.. (Schroeder, Eric)
December 4, 2018 Filing 38 MOTION for Leave to File Matters Under Seal re: #37 Notice of Filing, with Brief In Support by Crane Stationery LLC, Mohawk Fine Papers, Inc.. (Attachments: #1 Text of Proposed Order)(Burgoon, Brian)
December 4, 2018 Filing 37 PROVISIONALLY SEALED NOTICE Of Filing by Crane Stationery LLC, Mohawk Fine Papers, Inc. re #36 Notice (Other), Notice of Provisionally Sealed Filing (Attachments: #1 Exhibit A to Defendants' Suggestion of Mootness Regarding Plaintiff's Motion for Temporary Restraining Order)(Burgoon, Brian) Modified on 12/6/2018 to edit text. (cmd)
December 4, 2018 Filing 36 NOTICE by Crane Stationery LLC, Mohawk Fine Papers, Inc. re #2 MOTION for Temporary Restraining Order, #23 Response to Motion, #18 Notice (Other) Suggestion of Mootness Regarding Plaintiff's Motion for Temporary Restraining Order (Burgoon, Brian)
November 30, 2018 Opinion or Order Filing 35 JOINT STIPULATION AND CONSENT ORDER: Plaintiff Neenah, Inc. shall file and serve its response to Defendants Motion to Dismiss by through and including Monday, December 10, 2018. Signed by Judge Eleanor L. Ross on 11/30/2018. (rlb)
November 29, 2018 Filing 34 STIPULATION Joint Stipulation and Proposed Consent Order for Extension of Time for Plaintiff Neenah, Inc. to Respond to Defendants' Motion to Dismiss by Neenah, Inc.. (Schroeder, Eric)
November 27, 2018 Filing 33 Minute Entry for proceedings held before Judge Eleanor L. Ross: Motion Hearing held on 11/27/2018 re #2 MOTION for Temporary Restraining Order filed by Neenah, Inc. Court called to order. The parties introduced themselves. Plaintiffs counsel addressed the Court and briefly outlined the motion. The parties provided arguments. The Court will prepare an order memorializing its rulings. Court adjourned. (Court Reporter Elizabeth Cohn)(rlb)
November 26, 2018 Filing 32 MOTION for Leave to File Matters Under Seal re: #31 Notice of Filing, with Brief In Support by Crane Stationery LLC, Mohawk Fine Papers, Inc.. (Attachments: #1 Text of Proposed Order)(Burgoon, Brian)
November 26, 2018 Filing 31 PROVISIONALLY SEALED NOTICE Of Filing by Crane Stationery LLC, Mohawk Fine Papers, Inc. re #2 MOTION for Temporary Restraining Order, #23 Response to Motion, #18 Notice (Other) Notice of Filing Declarations Provisionally Under Seal (Attachments: #1 Affidavit Declaration of Ned Cleary, #2 Affidavit Declaration of Marc Zitron, #3 Affidavit Supplemental Declaration of Bruce Hogan)(Burgoon, Brian)
November 26, 2018 Filing 30 MOTION for Leave to File Matters Under Seal re: #29 Notice of Filing,, by Neenah, Inc.. (Attachments: #1 Text of Proposed Order)(Galanek, Christopher)
November 26, 2018 Filing 29 PROVISIONALLY SEALED NOTICE Of Filing Motion to Exclude Declaration of Bruce Hogan by Neenah, Inc. re #28 MOTION to Exclude Declaration of Bruce Hogan, #24 Response in Support of Motion, (Attachments: #1 Brief Plaintiff's Memorandum of Law in Support of Its Motion to Exclude the Declaration of Bruce Hogan, #2 Affidavit Supplemental Declaration of Ellen Bliske, #3 Affidavit Supplemental Declaration of David Winger)(Galanek, Christopher)
November 26, 2018 Filing 28 MOTION to Exclude Declaration of Bruce Hogan by Neenah, Inc. (Galanek, Christopher)
November 26, 2018 Clerks Notation re #27 Certificate of Interested Persons by Neenah, Inc.. Read and approved by District Judge Eleanor L. Ross. (mlb)
November 20, 2018 Filing 27 Certificate of Interested Persons by Neenah, Inc.. (Bush, John)
November 20, 2018 Notification of Docket Correction #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION TO STAY, MOTION TO COMPEL Arbitration by Crane Stationery LLC, Mohawk Fine Papers, Inc. (Burgoon, Brian). Added MOTION to Compel and MOTION to Stay on 11/20/2018 (rlb).
November 20, 2018 Clerk's Certificate of Mailing to Attorney Matthew Draper as to Crane Stationery LLC, Mohawk Fine Papers, Inc. regarding #26 Clerks Notation for LOA/CIP. (mlb)
November 20, 2018 Clerks Notation re #26 Certificate of Interested Persons/Corporate Disclosures by Crane Stationery LLC, Mohawk Fine Papers, Inc.. Read and approved by District Judge Eleanor L. Ross. (mlb)
November 19, 2018 Filing 26 Certificate of Interested Persons and Corporate Disclosure Statement by Crane Stationery LLC, Mohawk Fine Papers, Inc.. (Burgoon, Brian)
November 19, 2018 Filing 25 MOTION for Leave to File Matters Under Seal re: #24 Response in Support of Motion, #23 Response to Motion, and Exhibits with Brief In Support by Crane Stationery LLC, Mohawk Fine Papers, Inc.. (Attachments: #1 Text of Proposed Order)(Burgoon, Brian)
November 19, 2018 Filing 24 PROVISIONALLY SEALED RESPONSE in Support re #22 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Lack of Personal Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Breach of Contract filed by Crane Stationery LLC, Mohawk Fine Papers, Inc.. (Attachments: #1 Exhibit 1 - AAA Commercial Rules, #2 Exhibit 2 - Declaration of Bruce Robinson, #3 Exhibit 3 - Declaration of Melissa Stevens)(Burgoon, Brian)
November 19, 2018 Filing 23 PROVISIONALLY SEALED RESPONSE re #2 MOTION for Temporary Restraining Order as Amended filed by Crane Stationery LLC, Mohawk Fine Papers, Inc.. (Attachments: #1 Exhibit A - Declaration of Bruce Hogan, #2 Exhibit B - AAA Arbitration Demand)(Burgoon, Brian)
November 19, 2018 Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION TO STAY, MOTION TO COMPEL Arbitration by Crane Stationery LLC, Mohawk Fine Papers, Inc. (Burgoon, Brian). Added MOTION to Compel and MOTION to Stay on 11/20/2018 (rlb).
November 19, 2018 Filing 21 NOTICE of Appearance by Brian McKinley Underwood, Jr on behalf of Neenah, Inc. (Underwood, Brian)
November 16, 2018 Opinion or Order MINUTE ORDER (by docket entry only) GRANTING #10 Application for Admission Pro Hac Vice filed by Matthew Draper. Approved by District Judge Eleanor L. Ross on 11/16/18. (mlb)
November 16, 2018 Clerk's Certificate of Mailing to Attorney Matthew Draper as to Mohawk Fine Papers, Inc. regarding Order on Application for Admission PHV. (mlb)
November 15, 2018 APPROVAL by Clerks Office re: #10 APPLICATION for Admission of Matthew Draper Pro Hac Vice (Application fee $ 150, receipt number 113E-8256501). Attorney Matthew Draper added appearing on behalf of Mohawk Fine Papers, Inc. (pmb)
November 14, 2018 Opinion or Order Filing 20 CONSENT ORDER: Defendant Mohawk Fine Papers Inc. shall have through and until Monday, November 19, 2018 to file and serve its response to Plaintiff's Motion for TRO and Amended Motion for TRO. Signed by Judge Eleanor L. Ross on 11/14/2018. (cmd)
November 13, 2018 Filing 19 PROPOSED CONSENT ORDER Stipulation and Proposed Consent Order for Extension of Time for Defendant Mohawk Fine Papers Inc. to Respond to Plaintiff's Original and Amended Motion for Temporary Restraining Order re: #2 MOTION for Temporary Restraining Order, #18 Notice (Other). (Burgoon, Brian)
November 12, 2018 Filing 18 NOTICE of Supplementing Neenah, Inc.'s #2 MOTION for Temporary Restraining Order to Add Crane Stationery, LLC as a Party (Attachments: #1 Exhibit 1)(Galanek, Christopher) Modified on 11/13/2018 to edit text (rlb).
November 8, 2018 Filing 17 Electronic Summons Issued as to Crane Stationery LLC. (rlb)
November 7, 2018 Filing 16 PROPOSED SUMMONS filed by Neenah, Inc. (Galanek, Christopher)
November 7, 2018 Notification of Docket Correction re #14 MOTION for Leave to File Matters Under Seal re: #13 Notice of Filing and #15 Amended Complaint by Neenah, Inc. (Attachments: # 1 Text of Proposed Order)(Galanek, Christopher) Modified on 11/7/2018 to create document link and edit text (rlb).
November 6, 2018 Filing 15 ---PROVISIONALLY SEALED--- AMENDED COMPLAINT against Mohawk Fine Papers, Inc. and Crane Stationery LLC with Jury Demand filed by Neenah, Inc.(rlb) 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. (Additional attachment(s) added on 11/7/2018: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Proposed Summons (Incorrect)) (rlb).
November 6, 2018 Filing 14 MOTION for Leave to File Matters Under Seal re: #13 Notice of Filing and #15 Amended Complaint by Neenah, Inc.. (Attachments: #1 Text of Proposed Order)(Galanek, Christopher) Modified on 11/7/2018 to create document link and edit text (rlb).
November 6, 2018 Filing 13 PROVISIONALLY SEALED NOTICE Of Filing Amended Complaint by Neenah, Inc. (Attachments: #1 Amended Complaint, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Summons)(Galanek, Christopher)
November 6, 2018 Opinion or Order Filing 12 CONSENT ORDER: Defendant Mohawk Fine Papers Inc. shall have through and until Wednesday, November 14, 2018 to file and serve its response to Plaintiff's Motion for TRO. Signed by Judge Eleanor L. Ross on 11/6/2018. (cmd)
November 6, 2018 Filing 11 PROPOSED CONSENT ORDER Joint Stipulation and Proposed Consent Order Acknowledging Service and Granting One-Week Extension for Defendant to Respond to Plaintiffs Motion for Temporary Restraining Order re: #2 MOTION for Temporary Restraining Order. (Burgoon, Brian)
November 6, 2018 Filing 10 APPLICATION for Admission of Matthew Draper Pro Hac Vice (Application fee $ 150, receipt number 113E-8256501)by Mohawk Fine Papers, Inc.. (Burgoon, Brian)
October 30, 2018 Filing 9 AO Form 120 forwarded to Director, U.S. Patent and Trademark Office. (cmd)
October 29, 2018 Filing 8 PROPOSED AO 120 . (Bush, John)
October 29, 2018 Notice of deficiency re AO Form 120. Plaintiff must complete and file AO Form 120. See LR 3.4 and LPR 1.4. Docket the form using the event AO 120, located in the Other Filings/Other Documents menu. (cmd)
October 23, 2018 Opinion or Order Filing 7 ORDER Setting Hearing on #2 MOTION for Temporary Restraining Order : Motion Hearing set for 11/27/2018 at 09:30 AM in ATLA Courtroom 1708 before Judge Eleanor L. Ross. Defendant and Plaintiff will each have the normal time allotted under the Local Rules to file a response and a reply. The Court DIRECTS Plaintiff's counsel to serve a copy of its Motion for TRO as well as this order on Defendant as soon as possible. Signed by Judge Eleanor L. Ross on 10/23/2018. (cmd)
October 23, 2018 Clerk's Certificate of Mailing to Attorney John C. Bush as to Neenah, Inc. regarding #6 Order. (mlb)
October 23, 2018 Clerk's Certificate of Mailing as to Neenah, Inc. re #7 Order Setting Hearing on Motion. (cmd)
October 22, 2018 Filing 6 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb)
October 22, 2018 Opinion or Order Filing 5 ORDER GRANTING Plaintiff's #4 Motion to Seal. Signed by Judge Richard W. Story on 10/22/2018. (cmd)
October 22, 2018 Filing 4 MOTION to Seal by Neenah, Inc. (cmd)
October 22, 2018 Filing 3 Summons Issued as to Mohawk Fine Papers, Inc. (cmd)
October 22, 2018 Filing 2 SEALED MOTION for Temporary Restraining Order with Incorporated Memorandum In Support by Neenah, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(cmd) Modified on 10/24/2018 (cmd).
October 22, 2018 Filing 1 SEALED COMPLAINT with Jury Demand filed by Neenah, Inc. (Filing fee $400, receipt number 107166) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(cmd) 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. Modified on 10/24/2018 (cmd).
October 22, 2018 Submission of #2 MOTION for Temporary Restraining Order to District Judge Eleanor L. Ross. (cmd)
October 22, 2018 Remark re #1 Complaint, #2 MOTION for Temporary Restraining Order: One (1) disk received (electronic copy) and placed in file. (cmd)

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Plaintiff: Neenah, Inc.
Represented By: John C. Bush
Represented By: Eric Schroeder
Represented By: Christopher Paul Galanek
Represented By: Brian McKinley Underwood, Jr.
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Defendant: Mohawk Fine Papers, Inc.
Represented By: Brian David Burgoon
Represented By: Matthew Draper
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Defendant: Crane Stationery LLC
Represented By: Brian David Burgoon
Represented By: Matthew Draper
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