EAU Technologies, Inc. v. Zerorez Franchising Systems, Inc. et al
Plaintiff: EAU Technologies, Inc.
Defendant: EnviroTechnologies International, Inc., Zerorez Franchising Systems, Inc. and Doug Kindred
Case Number: 1:2019cv03820
Filed: August 23, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: William M Ray
Nature of Suit: Trademark
Cause of Action: 28:1338
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2019 Filing 37 Return of Service Executed by EAU Technologies, Inc.. Zerorez Franchising Systems, Inc. served on 10/14/2019, answer due 11/4/2019. (Stevens, Andrew)
October 16, 2019 Filing 36 CERTIFICATE OF SERVICE by EnviroTechnologies International, Inc..(Tartline, Wayne)
October 16, 2019 Opinion or Order Filing 35 ORDER granting #34 Defendant EnviroTechnologies International, Inc.'s Emergency Motion for Expedited Discovery. Signed by Judge William M. Ray, II on 10/16/19. (ddm)
October 15, 2019 Filing 34 Emergency MOTION to Expedite Discovery with Brief In Support by EnviroTechnologies International, Inc.. (Attachments: #1 Brief ETI's Memorandum in Support of Motion for Expedited Discovery, #2 Exhibit ETI's First ROGS to P, #3 Exhibit ETI's First RPD to P, #4 Exhibit ETI's First RFA to P, #5 Exhibit ETI - EAU 30b6 Depo Notice, #6 Text of Proposed Order Proposed Order Granting Motion for Expedited Disco)(Tartline, Wayne)
October 15, 2019 Submission of the #17 MOTION to Set Aside Default to District Judge William M. Ray II. (aaq)
October 15, 2019 Filing 33 RESPONSE in Opposition re #20 MOTION to Compel MOTION to Stay Case filed by EAU Technologies, Inc.. (Dorvee, Stephen)
October 14, 2019 Filing 32 RESPONSE re #11 MOTION for Preliminary Injunction filed by EnviroTechnologies International, Inc., Zerorez Franchising Systems, Inc.. (Attachments: #1 Affidavit Declaration of William Shupe, #2 Affidavit Declaration of Jeffrey Scott Sargeat)(Tartline, Wayne)
October 9, 2019 Opinion or Order Filing 31 ORDER Setting Hearing on Motion. The Court amends the #22 Order Setting Hearing on Motion to add the following motions to be heard in addition to the Motion for Preliminary Injunction #11 . Motion to Set Aside Default #17 , Motion to Compel Arbitration #20 , Motion to Dismiss #29 and any other motion that is ripe to be heard that has not been ruled upon at the time of the hearing on Friday, November 8, 2019 at 9:30 a.m. in ATLA Courtroom 1705 before Judge William M. Ray II. Signed by Judge William M. Ray, II on 10/9/19. (rlb)
October 9, 2019 Opinion or Order Filing 30 ORDER denying #26 Motion for Reconsideration. Signed by Judge William M. Ray, II on 10/9/19. (rlb)
October 9, 2019 Filing 29 MOTION to Dismiss with Brief In Support by EnviroTechnologies International, Inc., Zerorez Franchising Systems, Inc.. (Attachments: #1 Brief Brief in Support of Motion to Dismiss, #2 Affidavit Declaration of Kim Garrett, #3 Exhibit Trademark Application Serial Number: 78691473, #4 Exhibit Notice of Abandonment Serial Number: 78691473, #5 Exhibit Trademark Application Serial Number: 85427434, #6 Exhibit Trademark Application Serial Number: 85427435, #7 Exhibit Trademark Application Serial Number: 85427438, #8 Exhibit Notice of Abandonment Serial Number: 85427434, #9 Exhibit Notice of Abandonment Serial Number: 85427435, #10 Exhibit Notice of Abandonment Serial Number: 85427438, #11 Exhibit Notice of Abandonment Serial Number: 85427435, #12 Exhibit Notice of Abandonment Serial Number: 85427438, #13 Exhibit Notice of Abandonment Serial Number: 85427435, #14 Exhibit Notice of Abandonment Serial Number: 85427438, #15 Exhibit Trademark Application Serial Number: 85792155, #16 Exhibit Trademark Confirmation Serial Number 85-792,155, #17 Exhibit Trademark Statement of Use Serial Number 85792155, #18 Exhibit POWERED WATER, #19 Exhibit Trademark Application Serial Number 86931781, #20 Exhibit EMPOWERED WATER, #21 Exhibit Petition for Cancellation, #22 Exhibit Second Amended and Restated License Agreement, #23 Exhibit First Amendment to Second Amended Restated License Agreement, #24 Exhibit Trademark Assignment Cover Sheet, #25 Exhibit Response to Office Action)(Tartline, Wayne)
October 8, 2019 Submission of #26 MOTION for Reconsideration of Order on Plaintiff's Motion for Expedited Discovery, to District Judge William M. Ray II. (rlb)
October 7, 2019 Filing 28 REPLY BRIEF re #26 MOTION for Reconsideration of Order on Plaintiff's Motion for Expedited Discovery filed by EnviroTechnologies International, Inc.. (Tartline, Wayne)
October 4, 2019 Filing 27 RESPONSE in Opposition re #26 MOTION for Reconsideration of Order on Plaintiff's Motion for Expedited Discovery filed by EAU Technologies, Inc.. (Attachments: #1 Exhibit A - Declaration of Andrea Gossmann, #2 Exhibit B - 9.23.19 Email)(Dorvee, Stephen)
October 3, 2019 Filing 26 MOTION for Reconsideration of Order on Plaintiff's Motion for Expedited Discovery with Brief In Support by EnviroTechnologies International, Inc.. (Attachments: #1 Brief Brief in Support of Motion to Reconsider Order on Plaintiff's Motion for Expedited Discovery, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Text of Proposed Order Proposed Order Granting Motion for Reconsideration of Order Granting Plaintiff's Motion for Expedited Discovery)(Tartline, Wayne)
October 3, 2019 Opinion or Order Filing 25 ORDER granting #24 Motion for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction. The response deadline is extended up to and through October 14, 2019. Signed by Judge William M. Ray, II on 10/3/19. (rlb)
October 2, 2019 Filing 24 Consent MOTION for Extension of Time for Zerorez Franchising Systems, Inc. and EnviroTechnologies International, Inc.'s Response to Plaintiff's Motion for a Preliminary Injunction by EnviroTechnologies International, Inc., Zerorez Franchising Systems, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Tartline, Wayne)
October 2, 2019 Filing 23 CERTIFICATE OF SERVICE of Discovery Requests and 30(b)(6) Notices of Deposition by EAU Technologies, Inc..(Dorvee, Stephen)
October 2, 2019 Opinion or Order ORDER granting #13 Motion for Hearing. Ordered by Judge William M. Ray, II on 10/2/19 within #22 Order. (rlb)
October 2, 2019 Opinion or Order Filing 22 ORDER Setting Hearing on #11 Motion for Preliminary Injunctionfor Friday, November 8, 2019 at 9:30 a.m. in ATLA Courtroom 1705 before Judge William M. Ray II. Signed by Judge William M. Ray, II on 10/2/19. (rlb)
October 2, 2019 Opinion or Order Filing 21 ORDER granting #12 Plaintiff's Motion for Expedited Discovery. Signed by Judge William M. Ray, II on 10/2/19. (rlb)
October 2, 2019 Submission of #11 MOTION for Preliminary Injunction , #12 MOTION to Expedite Discovery, #13 MOTION for Hearing re #11 MOTION for Preliminary Injunction Request for Evidentiary Hearing, to District Judge William M. Ray II. (rlb)
October 1, 2019 Filing 20 MOTION for to Compel Arbitration by Doug Kindred, MOTION to Stay with Brief In Support by Doug Kindred. (Attachments: #1 Brief Support of Motion to Compel Arbitration and to Stay Case, #2 Affidavit Declaration of Doug Kindred, #3 Text of Proposed Order Granting Motion to Compel Arbitration and to Stay Case)(McCarthy, Brendan) Modified on 10/2/2019 to edit text (rlb).
October 1, 2019 Filing 19 Doug Kindred's ANSWER to #1 COMPLAINT ( Discovery ends on 2/28/2020.), COUNTERCLAIM against All Plaintiffs by Doug Kindred.(McCarthy, Brendan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 30, 2019 Filing 18 Certificate of Interested Persons by EnviroTechnologies International, Inc.. (Tartline, Wayne)
September 26, 2019 Filing 17 MOTION to Set Aside Default with Brief In Support by EnviroTechnologies International, Inc.. (Attachments: #1 Brief, #2 Affidavit)(Tartline, Wayne)
September 25, 2019 Filing 16 Return of Service Executed by EAU Technologies, Inc.. Zerorez Franchising Systems, Inc. served on 9/18/2019, answer due 10/9/2019. (Stevens, Andrew)
September 24, 2019 Clerks Entry of Default as to EnviroTechnologies International, Inc. (rlb)
September 23, 2019 Filing 15 MOTION for Entry of Default as to EnviroTechnologies International, Inc. by EAU Technologies, Inc.. (Attachments: #1 Exhibit A - Declaration of Drew Stevens)(Dorvee, Stephen) Modified on 9/24/2019 to edit text (rlb).
September 18, 2019 Filing 14 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Doug Kindred. (Attachments: #1 Exhibit Exhibit A Proposed Order)(McCarthy, Brendan)
September 13, 2019 Filing 13 MOTION for Hearing re #11 MOTION for Preliminary Injunction Request for Evidentiary Hearing by EAU Technologies, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Dorvee, Stephen)
September 13, 2019 Filing 12 MOTION to Expedite Discovery with Brief In Support by EAU Technologies, Inc.. (Attachments: #1 Brief, #2 Exhibit A - Proposed Order, #3 Exhibit B - Plaintiff's First Request for Production of Documents to Zerorez, #4 Exhibit C - Plaintiff's First Interrogatories to Zerorez, #5 Exhibit D - Notice of 30(b)(6) Deposition to Zerorez, #6 Exhibit E - Plaintiff's First Request for Production to ETI, #7 Exhibit F - First Interrogatories to ETI, #8 Exhibit G - Notice of 30(b)(6) Deposition to ETI)(Dorvee, Stephen)
September 13, 2019 Filing 11 MOTION for Preliminary Injunction with Brief In Support by EAU Technologies, Inc.. (Attachments: #1 Brief, #2 Exhibit A - Declaration of Paul Johnson, #3 Exhibit B - Declaration of Drew Stevens, #4 Exhibit C - Proposed Order)(Dorvee, Stephen)
September 9, 2019 Filing 10 Return of Service Executed by EAU Technologies, Inc.. EnviroTechnologies International, Inc. served on 8/29/2019, answer due 9/19/2019. (Stevens, Andrew)
September 9, 2019 Filing 9 Return of Service Executed by EAU Technologies, Inc.. Doug Kindred served on 8/29/2019, answer due 9/19/2019. (Stevens, Andrew)
September 5, 2019 Filing 8 Notice for Leave of Absence for the following date(s): September 20 through and including October 2, 2019, by Stephen Melvin Dorvee. (Dorvee, Stephen)
August 29, 2019 Filing 7 AO Form 120 forwarded to Commissioner. (rlb)
August 28, 2019 Filing 6 Certificate of Interested Persons by EAU Technologies, Inc.. (Dorvee, Stephen)
August 28, 2019 Filing 5 PROPOSED AO 120 . (Dorvee, Stephen)
August 27, 2019 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. (eop)
August 23, 2019 Filing 4 Electronic Summons Issued as to Doug Kindred. (eop)
August 23, 2019 Filing 3 Electronic Summons Issued as to EnviroTechnologies International, Inc.. (eop)
August 23, 2019 Filing 2 Electronic Summons Issued as to Zerorez Franchising Systems, Inc.. (eop)
August 23, 2019 Filing 1 COMPLAINT with Jury Demand filed by EAU Technologies, Inc.. (Filing fee $400.00, receipt number AGANDC-8887037) (Attachments: #1 Civil Cover Sheet)(eop) 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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Defendant: EnviroTechnologies International, Inc.
Represented By: Eric Connelly
Represented By: Wayne Stephen Tartline
Represented By: David A. Harris
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Defendant: Zerorez Franchising Systems, Inc.
Represented By: Eric Connelly
Represented By: Wayne Stephen Tartline
Represented By: David A. Harris
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Defendant: Doug Kindred
Represented By: Brendan Joseph McCarthy
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Plaintiff: EAU Technologies, Inc.
Represented By: Stephen Melvin Dorvee
Represented By: Andrew C. Stevens
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