Top Tobacco, L.P. et al v. Diamond J Wholesale, LLC
| Republic Tobacco, L.P., Republic Technologies (NA), LLC and Top Tobacco, L.P. |
| Gabsons Novelties and Diamond J Wholesale, LLC |
| 1:2019cv02148 |
| May 13, 2019 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 10, 2019. A more recent docket listing may be available from PACER.
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Filing 34
AGREED PERMANENT INJUNCTION: Plaintiffs Top Tobacco, L.P., Republic Technologies (NA), LLC, and Republic Tobacco, L.P., and Defendant Diamond J Wholesale, LLC d/b/a Gabsons Novelties, hereby stipulate to the facts recited in the order and further stipulate to the entry of an agreed permanent injunction. The cash bond posted by Plaintiffs in the amount of Five Thousand Dollars ($5,000.00), along with all accrued interest, minus any Court statutory user fees, shall be and hereby is exonerated, and shall be released to counsel for Plaintiffs. The Clerk of the Court shall send the released cash bond to Plaintiffs' counsel's firm in the form of a check made payable as follows: Adams and Reese LLP, 424 Church Street, Suite 2700, Nashville, Tennessee 37219. See order for other specifics. Signed by Judge Leigh Martin May on 7/10/2019. c:Financial Office(tmf)
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| Submission of #31 Notice of Filing, to District Judge Leigh Martin May. (tcc) |
| Filing 33 MOTION to Add Raj Soloman as a Party, by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P. (rvb) |
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Filing 32
ORDER DIRECTING the Clerk to redocket #28 as a Motion to Add Raj Soloman as a Party. Signed by Judge Leigh Martin May on 07/08/2019. (rvb) (rvb).
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| Filing 31 NOTICE Of Filing Proposed Permanent Injunction by Diamond J Wholesale, LLC (Cole, Dorey) |
| Filing 30 Defendant ANSWER to #1 COMPLAINT with Jury Demand by Diamond J Wholesale, LLC. Discovery ends on 12/5/2019.(Cole, Dorey) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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MINUTE ORDER GRANTING Defendant's Unopposed #20 Motion for Extension of Time to Answer. Diamond J Wholesale, LLC's Answer is due on or before 7/8/2019. Attorney Graham James Purpura #20 Motion to Withdraw as Attorney for Defendant is GRANTED and Mr. Purpura is terminated as counsel. Approved by Judge Leigh Martin May on 07/08/2019. (rvb)
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| Filing 29 STATUS REPORT by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P.. (Attachments: #1 Text of Proposed Order Exhibit A - proposed Agreed Permanent Injunction)(Keeney, Amy) |
| Filing 28 RESPONSE re #24 First MOTION to Substitute Party Diamond J Wholesale, LLC filed by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P.. (Keeney, Amy) |
| Filing 27 NOTICE Of Filing Compliance Report by Gabsons Novelties (Cole, Dorey) |
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Filing 26
AGREED ORDER: The Parties agree to substitute Diamond J Wholesale, LLC, d/b/a Gabsons Novelties as Defendant in this case. Plaintiffs have also requested that Raj Solomon be substituted as a Defendant (see #22 ), and will respond to Diamond J. Wholesale, LLC's Motion to Substitute #24 within the time permitted by the Local Rules. The Parties will meet and confer on a proposed Agreed Permanent Injunction Order on or before June 28, 2019, for submission to the Court on or before July 5, 2019. The Parties will file a joint report with the Court on or before Tuesday, July 5, 2019 detailing whether a hearing is required and, if necessary, requesting a hearing date. See order for other specifics. Signed by Judge Leigh Martin May on 6/17/2019. (tmf)
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| Filing 25 STATUS REPORT by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P.. (Attachments: #1 Text of Proposed Order Proposed Agreed Order)(Keeney, Amy) |
| Submission of #16 MOTION to Substitute Party Diamond J. Wholesale, to District Judge Leigh Martin May. (adg) |
| Filing 24 First MOTION to Substitute Party Diamond J Wholesale, LLCby Gabsons Novelties. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Cole, Dorey) |
| Filing 23 NOTICE of Appearance by Dorey N. Cole on behalf of Gabsons Novelties (adg) |
| Notification of Docket Correction re #20 MOTION to Continue MOTION for Extension of Time to File Answer MOTION to Withdraw as Attorney. (tmf) |
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MINUTE ORDER granting Defendant's #20 Motion to Continue Hearing. The parties are directed to confer and report a status of the case by noon on June 14, 2019.. Approved by Judge Leigh Martin May on 06/12/2019. (rvb)
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| Filing 22 REPLY to Response to #4 MOTION for Temporary Restraining Order; Response to #16 MOTION to Substitute Party filed by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P.. (Attachments: #1 Affidavit of Victor E. Hartman (Exhibit A to Reply), #2 Affidavit of Tamas Malacsina (Exhibit B to Reply), #3 Affidavit of Sachin Lele (Exhibit C to Reply))(Keeney, Amy) Modified on 6/12/2019 to edit text(tmf). |
| Filing 21 CERTIFICATE OF SERVICE of #20 motion filed by Gabsons Novelties (Purpura, Graham) Modified on 6/12/2019 to edit text(tmf). |
| Filing 20 MOTION to Continue by Gabsons Novelties. (Purpura, Graham) . Added MOTION for Extension of Time to File Answer, MOTION to Withdraw as Attorney on 6/12/2019 (tmf). |
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Filing 19
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 5/31/2019. (tmf)
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| Filing 18 Notice for Leave of Absence for the following date(s): July 23, 2019 - July 31, 2019, by Amy Hanna Keeney. (Attachments: #1 Text of Proposed Order Proposed Order)(Keeney, Amy) |
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Filing 17
ORDER EXTENDING the Court's temporary restraining order #13 and rescheduling the seizure order hearing under 15 U.S.C. 1116(d)(1o)A) to June 12, 2019. The Court ORDERS Defendant to SHOW CAUSE why a preliminary injunction should not issue and APPEAR on June 12, 2019 at 2:30 p.m. in Courtroom 2107, 75 Ted Turner Dr. SW, Atlanta, GA 30303. Paragraph O and S should be completed no later than June 10, 2019 at 5 p.m. As to satisfying paragraph S, the parties may confer as to whether Plaintiffs provide Defendant copying services or Defendant provides the documents on its own. Opposing papers, if any, shall be filed by June 10, 2019, and a Reply, if any, by June 11, 2019. Defendant is WARNED that as a corporate entity, it must be represented by counsel in this matter. Failure to do so may result in default being entered against it. Signed by Judge Leigh Martin May on 05/22/2019. (rvb)
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MINUTE ORDER: As the reason for the seal no longer exists, since the goods have been seized, the Clerk is DIRECTED to unseal this matter. Approved by Judge Leigh Martin May on 05/22/2019. (rvb)
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| Filing 16 MOTION to Substitute Party Diamond J. Wholesale as Defendant by Gabsons Novelties. (Attachments: #1 Affidavit of Raj Solomon, #2 Certificate of Service)(btql) |
| Filing 15 ACKNOWLEDGMENT OF SERVICE Executed filed by Gabsons Novelties. (btql) |
| Filing 14 NOTICE Of Filing Inventory List by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P. (Attachments: #1 Exhibit A)(btql) |
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ORAL ORDER granting #11 Application for Admission Pro Hac Vice as to Maia T. Woodhouse. Approved by Judge Leigh Martin May on 05/15/2019. 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.(rvb)
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| APPROVAL by Clerks Office re: #11 APPLICATION for Admission of Maia T. Woodhouse Pro Hac Vice. Attorney Maia T. Woodhouse added appearing on behalf of Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P. (pmb) |
| Clerks Notation re #10 Certificate of Interested Persons, reviewed and approved by LMM. (rvb) |
| TRO Bond Paid: $ 5,000, receipt number GAN100112516 (btql) |
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Filing 13
ORDER granting Plaintiffs' Motion for a TRO #4 . Pursuant to 15 U.S.C. 1116(d)(5)(D), Plaintiffs shall post a bond, cash or a certified or attorney's check in the amount of $5,000.00 as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. A seizure order hearing and preliminary injunction order hearing are set for 5/23/2019 at 2:30 PM in ATLA Courtroom 2107 before Judge Leigh Martin May. Opposing papers, if any, shall be filed with the Court and served by hand on Plaintiffs' counsel on or before 5/20/2019. Plaintiffs shall file any reply memorandum on or before 5/21/2019. Signed by Judge Michael L. Brown on 5/13/2019. (bgt) Text modified on 5/14/2019 (btql).
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| Filing 12 Minute Entry for proceedings held before Judge Michael L. Brown on 5/13/2019: In-chambers conference held regarding Plaintiffs' Motion for Temporary Restraining Order #4 . The Court GRANTS the TRO. A separate order is forthcoming. (Court Reporter Andy Ashley) (bgt) |
| Filing 11 APPLICATION for Admission of Maia T. Woodhouse Pro Hac Vice by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P. Filing Fee received $150, Receipt #GAN100112493. (btql) |
| Filing 10 Certificate of Interested Persons and Corporate Disclosure Statement by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P. (btql) |
| Filing 9 Summons Issued as to Gabsons Novelties. (btql) |
| Filing 8 AO Form 120 forwarded to Commissioner. (btql) |
| Filing 7 AFFIDAVIT of Victor E. Hartman by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P. (btql) |
| Filing 6 AFFIDAVIT of Sachin Lele by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P. (btql) |
| Filing 5 AFFIDAVIT of Alexandra McNicholas by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P.. (btql) |
| Filing 4 Plaintiffs' EX PARTE Application for Temporary Restraining Order; Seizure Order; An Order to Show Cause Why a Preliminary Injunction Order Should Not Issue; and Order Temporarily Sealing the Court File IMMEDIATE HEARING REQUESTEDby Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(btql). Added MOTION for Order, MOTION for Preliminary Injunction on 5/13/2019 (btql). |
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Filing 3
ORDER GRANTING #2 Motion for Leave to Temporarily Seal the Court File. Signed by Judge Michael L. Brown on 5/13/2019. (btql)
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| Filing 2 MOTION for Leave to Temporarily Seal the Court File by Republic Technologies (NA), LLC, Republic Tobacco, L.P., Top Tobacco, L.P.. (Attachments: #1 Memorandum of Law in Support)(btql) |
| Filing 1 COMPLAINT with Jury Demand filed by Top Tobacco, L.P., Republic Technologies (NA), LLC, Republic Tobacco, L.P. (Filing fee $400, receipt number GAN100112490) (Attachments: #1 Civil Cover Sheet)(btql) 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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