POWERbahn, LLC v. Foundation Fitness LLC et al
Plaintiff: POWERbahn, LLC
Defendant: Patrick Warner, Wahoo Fitness, LLC, Wahoo Fitness Holdings, LLC and Foundation Fitness LLC
Case Number: 1:2019cv01678
Filed: April 15, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: Amy Totenberg
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1338
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2019 Filing 27 RESPONSE re #26 Joint Preliminary Report and Discovery Plan, Order,, Set Submission Deadline, filed by POWERbahn, LLC. (Alexander, Cortney)
July 2, 2019 Submission of #23 MOTION for Leave to File Matters Under Seal to District Judge Amy Totenberg. (bnp)
July 2, 2019 Submission of #14 MOTION to Dismiss to District Judge Amy Totenberg. (bnp)
June 28, 2019 Opinion or Order ORDER by docket entry only re #26 Joint Preliminary Report and Discovery Plan. The parties are directed to file a joint pleading, explaining in greater detail, the reasoning for the length of time allocated for discovery and pretrial proceedings as outlined in the Joint Preliminary Report by close of business on Tuesday, July 9, 2019. By Judge Amy Totenberg on 6/28/19. (hfm)
June 27, 2019 Submission of #26 Joint Preliminary Report and Discovery Plan to District Judge Amy Totenberg. (bnp)
June 26, 2019 Filing 26 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by POWERbahn, LLC. (Kent, Daniel)
June 21, 2019 Filing 25 ANSWER to #11 Counterclaim of Wahoo Fitness, LLC and Wahoo Fitness Holdings, LLC by POWERbahn, LLC.(Alexander, Cortney) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
June 21, 2019 Filing 24 ANSWER to #9 Counterclaim of Foundation Fitness LLC by POWERbahn, LLC.(Alexander, Cortney) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
June 14, 2019 Filing 23 MOTION for Leave to File Matters Under Seal re: #22 Notice of Filing of Exhibit A to Alexander Declaration with Brief In Support by POWERbahn, LLC. (Attachments: #1 Text of Proposed Order)(Alexander, Cortney)
June 14, 2019 Filing 22 PROVISIONALLY SEALED NOTICE Of Filing by POWERbahn, LLC re #21 Response in Opposition to Motion Exhibit A to Alexander Declaration (Alexander, Cortney)
June 14, 2019 Filing 21 RESPONSE in Opposition re #14 MOTION to Dismiss filed by POWERbahn, LLC. (Attachments: #1 Affidavit of Cortney S. Alexander, #2 Exhibit B to the Alexander Declaration)(Alexander, Cortney)
June 7, 2019 Filing 20 NOTICE by Wahoo Fitness Holdings, LLC, Wahoo Fitness, LLC of Filing Certificate of Compliance (Hawkins, Holmes)
June 7, 2019 Filing 19 NOTICE by Wahoo Fitness Holdings, LLC, Wahoo Fitness, LLC of Filing CORRECTED Appearance (Hawkins, Holmes)
June 7, 2019 Filing 18 NOTICE of Appearance by Holmes J. Hawkins, III on behalf of Wahoo Fitness Holdings, LLC (Hawkins, Holmes)
June 7, 2019 APPROVAL by Clerks Office re: #17 APPLICATION for Admission of Randal Alexander Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8704717). Documents for this entry are not available for viewing outside the courthouse.. Attorney Randal Alexander added appearing on behalf of Foundation Fitness LLC, Foundation Fitness LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness, LLC, Wahoo Fitness, LLC, Patrick Warner (pmb)
June 7, 2019 Opinion or Order ORDER granting #15 , #16 , and #17 Applications for Admission Pro Hac Vice for Graham L.W. Day, Keith Jude Grady, and Randal Alexander. By Judge Amy Totenberg on 6/7/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
June 7, 2019 APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Keith Jude Grady Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8704709). Documents for this entry are not available for viewing outside the courthouse.. Attorney Keith J. Grady added appearing on behalf of Foundation Fitness LLC, Foundation Fitness LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness, LLC, Wahoo Fitness, LLC, Patrick Warner (pmb)
June 7, 2019 APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Graham L.W. Day Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8704346). Documents for this entry are not available for viewing outside the courthouse.. Attorney Graham L.W. Day added appearing on behalf of Foundation Fitness LLC, Foundation Fitness LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness, LLC, Wahoo Fitness, LLC, Patrick Warner (pmb)
June 4, 2019 Filing 17 APPLICATION for Admission of Randal Alexander Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8704717). Documents for this entry are not available for viewing outside the courthouse.by Foundation Fitness LLC, Foundation Fitness LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness, LLC, Wahoo Fitness, LLC, Patrick Warner. (Sharp, Joseph)
June 4, 2019 Filing 16 APPLICATION for Admission of Keith Jude Grady Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8704709). Documents for this entry are not available for viewing outside the courthouse.by Foundation Fitness LLC, Foundation Fitness LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness, LLC, Wahoo Fitness, LLC, Patrick Warner. (Sharp, Joseph)
June 4, 2019 Filing 15 APPLICATION for Admission of Graham L.W. Day Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8704346). Documents for this entry are not available for viewing outside the courthouse.by Foundation Fitness LLC, Foundation Fitness LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness, LLC, Wahoo Fitness, LLC, Patrick Warner. (Sharp, Joseph)
May 31, 2019 Filing 14 MOTION to Dismiss with Brief In Support by Patrick Warner. (Attachments: #1 Brief Memo of Law in Support of P. Warner's Motion to to Dismiss Plaintiff's Amended Complaint, #2 Affidavit Declaration of Patrick Warner in Support of His Motion to Dismiss Plaintiff's Complaint)(Sharp, Joseph)
May 31, 2019 Filing 13 Corporate Disclosure Statement by Wahoo Fitness Holdings, LLC by Wahoo Fitness Holdings, LLC.(Sharp, Joseph)
May 31, 2019 Filing 12 Corporate Disclosure Statement by Wahoo Fitness, LLC by Wahoo Fitness, LLC.(Sharp, Joseph)
May 31, 2019 Filing 11 Wahoo Fitness LLC and Wahoo Fitness Holdings, LLC's ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against POWERbahn, LLC with Jury Demand by Wahoo Fitness Holdings, LLC, Wahoo Fitness, LLC.(Sharp, Joseph) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
May 31, 2019 Filing 10 Corporate Disclosure Statement by Foundation Fitness LLC by Foundation Fitness LLC.(Sharp, Joseph)
May 31, 2019 Filing 9 Foundation Fitness LLC's ANSWER to #1 COMPLAINT with Jury Demand ( Discovery ends on 2/25/2020.), COUNTERCLAIM against POWERbahn, LLC with Jury Demand by Foundation Fitness LLC.(Sharp, Joseph) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
May 10, 2019 Filing 8 ACKNOWLEDGMENT OF SERVICE Executed filed by POWERbahn, LLC. All Defendants. (Kent, Daniel)
May 8, 2019 Filing 7 NOTICE of Appearance by Stephen Robert Risley on behalf of POWERbahn, LLC (Risley, Stephen)
May 7, 2019 Filing 6 NOTICE of Appearance by Cortney Scott Alexander on behalf of POWERbahn, LLC (Alexander, Cortney)
April 22, 2019 Opinion or Order Filing 5 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 Court's Local Civil Rules. Signed by Judge Amy Totenberg on 4/22/2019. (bnp)
April 17, 2019 Filing 4 AO Form 120 forwarded to Commissioner. (tmf)
April 15, 2019 Filing 3 Corporate disclosure statement by POWERbahn, LLC. (tmf)
April 15, 2019 Filing 2 Electronic Summons Issued as to Foundation Fitness LLC, Wahoo Fitness Holdings, LLC, Wahoo Fitness, LLC, Patrick Warner. (Attachments: #1 Summons Wahoo Fitness, #2 Summons Wahoo Firness Holdings, #3 Summons Patrick Warner)(tmf)
April 15, 2019 Filing 1 COMPLAINT with Jury Demand filed by POWERbahn, LLC. (Filing fee $400, receipt number AGANDC-8584376) (Attachments: #1 Exhibit A- Nautilus Term Sheet, #2 Exhibit B- March 6-7 2005 email, #3 Exhibit C- March 28 2005 email, #4 Exhibit D- April 18 2005 email, #5 Exhibit E- Exclusive License Agreement, #6 Exhibit F- Radow-POWERbahn License, #7 Exhibit G- Nautilus Termination Letter, #8 Exhibit H- Kain Ltr to Warner, #9 Exhibit I- October 30 2009 email, #10 Exhibit J- August 30 2012 email, #11 Exhibit M- Copyright Registration Certificate, #12 Civil Cover Sheet)(tmf) 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.

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Plaintiff: POWERbahn, LLC
Represented By: Daniel Arthur Kent
Represented By: Stephen Robert Risley
Represented By: Cortney Scott Alexander
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Defendant: Patrick Warner
Represented By: Graham L.W. Day
Represented By: Joseph C. Sharp
Represented By: Keith J. Grady
Represented By: William Bradley Hill, Jr.
Represented By: Randal Alexander
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Defendant: Wahoo Fitness, LLC
Represented By: Graham L.W. Day
Represented By: Joseph C. Sharp
Represented By: Holmes J. Hawkins, III
Represented By: Keith J. Grady
Represented By: William Bradley Hill, Jr.
Represented By: Randal Alexander
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Defendant: Wahoo Fitness Holdings, LLC
Represented By: Graham L.W. Day
Represented By: Joseph C. Sharp
Represented By: Holmes J. Hawkins, III
Represented By: Keith J. Grady
Represented By: William Bradley Hill, Jr.
Represented By: Randal Alexander
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Defendant: Foundation Fitness LLC
Represented By: Graham L.W. Day
Represented By: Joseph C. Sharp
Represented By: Keith J. Grady
Represented By: William Bradley Hill, Jr.
Represented By: Randal Alexander
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