BBK tobacco & Foods llp v. Ebay seller jillycut et al
| BBK Tobacco & Foods LLP |
| Dawn Giangiuli, eBay Seller jillycut and Mark Giangiuli |
| 1:2021cv00666 |
| February 16, 2021 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Eleanor L Ross |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 54 NOTICE by BBK Tobacco & Foods LLP of Change of Address for Alice E. Snedeker (Snedeker, Alice) |
Filing 53
SCHEDULING ORDER on the #51 Joint Preliminary Report and Discovery Plan. This case remains on a four (4) month discovery track, to conclude on August 15, 2021. Signed by Judge Eleanor L. Ross on 4/15/2021. (jpk)
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| Filing 52 CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures by BBK Tobacco & Foods LLP.(Snedeker, Alice) |
| Filing 51 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by BBK Tobacco & Foods LLP. (Snedeker, Alice) |
| Filing 50 Initial Disclosures by Dawn Giangiuli, Mark Giangiuli, eBay Seller jillycut.(Webb, Orion) |
| Filing 49 Mail Returned as Undeliverable. Mail sent to Frederick D. Elias re #32 Order Setting Hearing on Motion. Moved Years Ago. (tcc) |
| Clerks Notation re #48 Certificate of Interested Persons/Corporate Disclosures by Dawn Giangiuli, Mark Giangiuli and eBay Seller jillycut. Read and approved by District Judge Eleanor L. Ross. (mlb) |
| Filing 48 Certificate of Interested Persons by Dawn Giangiuli, Mark Giangiuli, eBay Seller jillycut. (Webb, Orion) |
| Filing 47 Defendants' ANSWER to #1 COMPLAINT by Dawn Giangiuli, Mark Giangiuli, eBay Seller jillycut. Discovery ends on 8/12/2021.(Webb, Orion) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 46
STIPULATED PROTECTIVE ORDER Signed by Judge Eleanor L. Ross on 3/12/2021. (jpk)
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| Filing 45 MOTION for Protective Order by BBK Tobacco & Foods LLP. (Snedeker, Alice) |
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Filing 44
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (adg) (ADI)
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Filing 43
ORDER: In light of the Parties' stipulation, the Court CANCELS the hearing previously scheduled for Tuesday, April 6, 2021, regarding Plaintiff's #3 Motion for Preliminary Injunction and Additional Relief. Signed by Judge Eleanor L. Ross on 3/3/2021. (jpk)
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Filing 42
STIPULATED PRELIMINARY INJUNCTION: The Court GRANTS Plaintiff's #3 Motion for Preliminary Injunction. The Court ORDERS that, pursuant to Federal Rule of Civil Procedure 65, the Jillycut Defendants, as well as their agents, their servants, their employees, and their officers, and all those acting in concert or participation with them, who receive actual notice by personal service or otherwise are enjoined and restrained as directed herein, pending the final hearing and determination of this action (see Order for specifics). The Court FURTHER ORDERS that violation of any or all of the provisions herein shall be punishable by contempt of court, and such other, further relief this Court deems just and proper. Signed by Judge Eleanor L. Ross on 3/3/2021. (jpk)
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Filing 41
ORDER granting #39 Motion for Extension of Time to Answer. Defendants shall have until March 15, 2021, to respond to Plaintiff's Complaint. Signed by Judge Eleanor L. Ross on 3/3/2021. (jpk)
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| Filing 40 STIPULATION For Entry of Preliminary Injunction by BBK Tobacco & Foods LLP. (Attachments: #1 Exhibit A - Proposed Order)(Snedeker, Alice) |
| Filing 39 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Dawn Giangiuli, Mark Giangiuli, eBay Seller jillycut. (Attachments: #1 Text of Proposed Order)(Webb, Orion) |
| Filing 38 AO Form 120 forwarded to Commissioner. (jpk) |
| Filing 37 Certification of Consent to Substitution of Counsel. Orion Gregory Webb replacing attorney Frederick D. Elias. (Webb, Orion) |
| Filing 36 PROPOSED AO 120 . (Snedeker, Alice) |
| Filing 35 NOTICE of Appearance by Alice E. Snedeker on behalf of BBK Tobacco & Foods LLP (Snedeker, Alice) |
| Filing 34 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Lyndsay S. Ott. Clerk to follow-up by 3/8/2021. (cdg) |
| Filing 33 NOTICE of Appearance by Orion Gregory Webb on behalf of Dawn Giangiuli, Mark Giangiuli, eBay Seller jillycut (Webb, Orion) |
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Filing 32
ORDER Setting Hearing on Motion #3 : The Court SCHEDULES a hearing on Plaintiff's #3 Motion for Preliminary Injunction and Additional Relief for Tuesday, April 6, 2021, at 9:30 A.M., and DIRECTS the Parties to comply with the following briefing schedule: if Defendants intend to file a response to Plaintiff's motion, they must do so by Tuesday, March 2, 2021. If Defendants submit a response, Plaintiff shall have through Tuesday, March 16, 2021, to file a reply. The Court DIRECTS the Parties to jointly submit-no later than Tuesday, March 16, 2021-a proposed schedule for the hearing setting forth how much time is requested by each Party for oral argument. The Court DIRECTS the Parties to indicate within the joint proposed schedule whether they prefer to conduct the hearing in-person or via Zoom. Signed by Judge Eleanor L. Ross on 2/18/2021. (jpk)
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| Clerk's Certificate of Mailing to Attorney Frederick D. Elias re #32 Order. (jpk) |
| Filing 31 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
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Filing 30
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS Signed by Judge Thomas W. Thrash, Jr. on 1/27/21. (aar)
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| Filing 29 Case transferred in from District of Michigan Eastern; Case Number 2:20-cv-12193. Original file certified copy of transfer order and docket sheet received. |
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Filing 28
OPINION AND ORDER granting in part and denying in part #24 Motion to dismiss for improper venue and transferring case to the Northern District of Georgia. Signed by District Judge Linda V. Parker. (DPer) [Transferred from Michigan Eastern on 2/16/2021.]
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| 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. (aar) |
| Clerk's Certificate of Mailing as to BBK Tobacco & Foods LLP re #30 Order. (aar) |
| Clerk's Certificate of Mailing to Attorney Frederick D. Elias as to Dawn Giangiuli, Mark Giangiuli and eBay Seller jillycut regarding #31 Order. (mlb) |
| Submission of #3 Motion for preliminary injunction, to District Judge Eleanor L. Ross. (aar) |
| Filing 27 REPLY to Response re #24 MOTION to Dismiss HBI's Complaint for Improper Venue Or, In The Alternative, To Transfer Venue filed by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit 1) (Elias, Frederick) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 26 INDEX of Exhibits re #25 Response to Motion, by All Plaintiffs of Unpublished Authorities in Support of Opposition to Motion to Dismiss (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 25 RESPONSE to #24 MOTION to Dismiss HBI's Complaint for Improper Venue Or, In The Alternative, To Transfer Venue filed by All Plaintiffs. (Attachments: #1 Index of Exhibits Index, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2) (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 24 MOTION to Dismiss HBI's Complaint for Improper Venue Or, In The Alternative, To Transfer Venue by All Defendants. (Elias, Frederick) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 23 REPORT on Filing or Determination of Action Regarding Patent or Trademark by All Plaintiffs (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| NOTICE of Error directed to: Lyndsay S. Ott. Form AO 120 is missing. The filing attorney must file the form found on www.uscourts.gov with the Court to correct the error. [No Image Associated with this docket entry] (SSch) [Transferred from Michigan Eastern on 2/16/2021.] |
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Filing 22
STIPULATED ORDER Extending Time for Defendants to File Responsive Pleadings to Plaintiff's Complaint (Responsive Pleading due by 10/13/2020). Signed by District Judge Linda V. Parker. (RLou) [Transferred from Michigan Eastern on 2/16/2021.]
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| Filing 21 NOTICE of Appearance by Frederick D. Elias on behalf of All Defendants. (Elias, Frederick) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 20 EXHIBIT 7 re #9 Declaration,, by BBK tobacco & Foods llp [FILED IN THE TRADITIONAL MANNER] (SSch) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 19 NOTICE of Appearance by Maria R Sinatra on behalf of BBK tobacco & Foods llp. (Sinatra, Maria) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 18 NOTICE of Appearance by Marcella Ballard on behalf of BBK tobacco & Foods llp. (Ballard, Marcella) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 17 NOTICE by All Plaintiffs re #13 Order on Motion for Leave to File, #9 Declaration,, of Filing Exhibits in the Traditional Manner (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 16 CERTIFICATE of Service/Summons Returned Executed. Ebay seller jillycut served on 8/30/2020, answer due 9/21/2020. (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 15 CERTIFICATE of Service/Summons Returned Executed. Mark Giangiuli served on 8/30/2020, answer due 9/21/2020. (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 14 CERTIFICATE of Service/Summons Returned Executed. Dawn Giangiuli served on 8/30/2020, answer due 9/21/2020. (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
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Filing 13
ORDER Granting #12 Motion for Leave to File Exhibit in the Traditional Manner. Signed by District Judge Linda V. Parker. (RLou) [Transferred from Michigan Eastern on 2/16/2021.]
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| Filing 12 Ex Parte MOTION for Leave to File Exhibit in the Traditional Manner by All Plaintiffs. (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 11 APPENDIX re: #3 MOTION for Preliminary Injunction and Additional Relief filed by BBK tobacco & Foods llp. by All Plaintiffs (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 10 ATTORNEY APPEARANCE: Lyndsay S. Ott appearing on behalf of All Plaintiffs (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 9 DECLARATION by Kristen Ruisi re #3 MOTION for Preliminary Injunction and Additional Relief, #1 Complaint,, filed by All Plaintiffs (Attachments: #1 Index of Exhibits Index, #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 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20) (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 8 DECLARATION by John Hood re #3 MOTION for Preliminary Injunction and Additional Relief, #1 Complaint,, filed by All Plaintiffs (Attachments: #1 Index of Exhibits Index, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D) (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 7 DECLARATION by Ian Kobe re #3 MOTION for Preliminary Injunction and Additional Relief, #1 Complaint,, filed by All Plaintiffs (Attachments: #1 Index of Exhibits Index, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G) (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 6 SUMMONS Issued for *Mark Giangiuli* (DWor) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 5 SUMMONS Issued for *Dawn Giangiuli* (DWor) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 4 SUMMONS Issued for *Ebay seller jillycut* (DWor) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 3 MOTION for Preliminary Injunction and Additional Relief by All Plaintiffs. (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| Filing 1 COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-7988219 - Fee: $ 400. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F) (Ott, Lyndsay) [Transferred from Michigan Eastern on 2/16/2021.] |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DWor) [Transferred from Michigan Eastern on 2/16/2021.] |
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