TennisPoint.com, Inc. v. Midwest Sports Supply, LLC
| TennisPoint.com, Inc. |
| Midwest Sports Supply, LLC |
| 1:2021cv05016 |
| December 7, 2021 |
| US District Court for the Northern District of Georgia |
| Eleanor L Ross |
| Trademark |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 2, 2022. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. (ceo) |
| Clerk's Entry of Dismissal APPROVING #29 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (ceo) |
| Filing 29 NOTICE of Voluntary Dismissal Without Prejudice filed by TennisPoint.com, Inc. (Hill, Steven) |
Filing 28
ORDER: The Court DENIES Plaintiff's Motion for Preliminary Injunction. #3 . The Court DIRECTS the Parties to file their Joint Preliminary Report and Discovery Plan in accordance with the Local Rules of this district after Defendant answers or otherwise responds to the Complaint. Signed by Judge Eleanor L. Ross on 1/31/22. (ceo)
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Filing 27
ORDER granting #26 Motion for Extension of Time to Answer. The deadline for Defendant's Response to Plaintiff's Complaint is extended to March 2, 2022. Signed by Judge Eleanor L. Ross on 1/28/22. (ceo)
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| Filing 26 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by TennisPoint.com, Inc.. (Attachments: #1 Text of Proposed Order)(Hill, Steven) |
| Filing 25 Minute Entry for proceedings held before Judge Eleanor L. Ross: Motion Hearing held on 1/27/2022 re #3 MOTION for Preliminary Injunction. Court called to order. The parties appeared virtually via the Zoom platform. The parties introduced themselves and made arguments. Court held the issues under advisement and will prepare an order rendering its rulings. Court adjourned. Hearing concluded. (Court Reporter Elizabeth Cohn)(ceo) |
| Filing 24 NOTICE Of Filing Joint Proposed Schedule for Hearing on Plaintiff's Motion for Preliminary Injunction by TennisPoint.com, Inc. re #9 Order Setting Hearing on Motion,,, (Hill, Steven) |
| NOTICE OF VIDEO PROCEEDING : Hearing set for 1/27/2022 at 9:30am in ATLA Courtroom 1708 before Judge Eleanor L. Ross. Connection Instructions: https://ganduscourts.zoomgov.com/j/1611552187 Meeting ID: 161 155 2187 Passcode: 189535 One tap mobile +16692545252,,1611552187#,,,,*189535# US (San Jose) +16468287666,,1611552187#,,,,*189535# US (New York) Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) +1 669 216 1590 US (San Jose) +1 551 285 1373 US Meeting ID: 161 155 2187 Passcode: 189535 You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (mlb) Modified on 1/21/2022 to edit text (mlb). |
| Filing 23 NOTICE Of Filing Exhibit A to Docket 22-3 by TennisPoint.com, Inc. re #22 Reply Brief, (Attachments: #1 Exhibit A to Dkt 22-3 (2nd Declaration of Jeremy Bruck))(Hill, Steven) |
| Submission of #3 MOTION for Preliminary Injunction, to District Judge Eleanor L. Ross. (ceo) |
| Filing 22 REPLY BRIEF re #3 MOTION for Preliminary Injunction filed by TennisPoint.com, Inc.. (Attachments: #1 Exhibit A - 2nd Declaration of Drew Munster, #2 Exhibit B - Declaration of Steven G. Hill, #3 Exhibit C - 2nd Declaration of Jeremy Bruck, #4 Exhibit D - 2nd Declaration of John Hanna)(Hill, Steven) |
| Filing 21 RESPONSE re #13 Notice of Filing Declaration of Drew Munster in Support of Plaintiff's Motion for Preliminary Injunction, #11 Notice of Filing Declarations in Support of Plaintiff's Motion for Preliminary Injunction, filed by Midwest Sports Supply, LLC. (ceo) |
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Filing 20
ORDER granting #19 Motion for Leave to File Response to Third Party Declarations. The Court allows Defendant to file a five-page response to Plaintiff's declarations of Rick Kerpsack #11 and Drew Munster #13 , and instructs the Clerk to enter on the docket Defendant's Response to the Untimely Tennis Warehouse Declarations Filed by Plaintiff in Support of its Motion for Preliminary Injunction, attached as Exhibit B to Defendants Unopposed Motion for Leave to File Response to Third-Party Declarations. Signed by Judge Eleanor L. Ross on 1/4/22. (ceo)
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| APPROVAL by Clerks Office re: #17 APPLICATION for Admission of Brian Horne Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11487056).. Attorney Brian C. Horne added appearing on behalf of Midwest Sports Supply, LLC (gas) |
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MINUTE ORDER (by docket entry only) GRANTING #17 Application for Admission Pro Hac Vice of Brian Horne and GRANTING #18 Application for Admission Pro Hac Viceof Hans Mayer. Approved by District Judge Eleanor L. Ross on 1/4/22. 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.(mlb)
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| Clerk's Certificate of Mailing (via email) to Attorneys Brian Horne and Hans Mayer as to Midwest Sports Supply, LLC re Order on Application for Admission PHV. (mlb) |
| APPROVAL by Clerks Office re: #18 APPLICATION for Admission of Hans Mayer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11487117).. Attorney Hans Mayer added appearing on behalf of Midwest Sports Supply, LLC (gas) |
| Filing 19 Unopposed MOTION for Leave to File Response to Third Party Declarations by Midwest Sports Supply, LLC. (Attachments: #1 Exhibit A- Proposed Order, #2 Exhibit B- Proposed Response and Declaration)(Lee, Robert) |
| Filing 18 APPLICATION for Admission of Hans Mayer Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11487117).by Midwest Sports Supply, LLC. (Lee, Robert) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 17 APPLICATION for Admission of Brian Horne Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11487056).by Midwest Sports Supply, LLC. (Lee, Robert) Documents for this entry are not available for viewing outside the courthouse. |
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Filing 16
ORDER granting #12 Motion for Extension of Time to Answer, Midwest Sports Supply, LLC Answer due 1/31/2022. Signed by Judge Eleanor L. Ross on 12/28/2021. (vs)
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| Filing 15 NOTICE of Interested Persons and Corporate Disclosure Statement by Midwest Sports Supply, LLC.(Lee, Robert) Modified to edit event text on 12/28/2021 (ceo). |
| Filing 14 RESPONSE in Opposition re #3 MOTION for Preliminary Injunction filed by Midwest Sports Supply, LLC. (Attachments: #1 Declaration of Sascha Beyer, #2 Declaration of Greg Wolf, #3 Declaration of Sean Murray, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22)(Lee, Robert) |
| Filing 13 NOTICE Of Filing Declaration of Drew Munster in Support of Plaintiff's Motion for Preliminary Injunction by TennisPoint.com, Inc. re #3 MOTION for Preliminary Injunction (Attachments: #1 Drew Munster Declaration)(Hill, Steven) |
| Filing 12 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Midwest Sports Supply, LLC. (Attachments: #1 Exhibit A - Proposed Order)(Lee, Robert) |
| Filing 11 NOTICE Of Filing Declarations in Support of Plaintiff's Motion for Preliminary Injunction by TennisPoint.com, Inc. re #3 MOTION for Preliminary Injunction (Attachments: #1 Declaration of John Hannah, #2 Declaration of Rick Kerpsack)(Hill, Steven) |
| Filing 10 CERTIFICATE OF SERVICE re #9 Order Setting Hearing on Motion,,, filed by TennisPoint.com, Inc. (Hill, Steven) |
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Filing 9
ORDER Rescheduling Hearing on #3 MOTION for Preliminary Injunction: The Court RESCHEDULES a hearing on Plaintiffs Motion for Preliminary Injunction for Thursday, January 27, 2022 at 9:30 AM via the Zoom platform. The Court DIRECTS the Parties to file briefs in accordance with the instructions stated herein. Additionally, the Court DIRECTS Plaintiffs counsel to immediately serve a copy of (1) the Complaint, (2) Plaintiffs Motion for Preliminary Injunction, and (3) this order on Defendant, and to file a certificate of service on the docket showing that service has been made. Finally, the Court DIRECTS the Parties to jointly submit no later than Friday, January 21, 2022, at 5:00 P.M. a proposed schedule for the hearing setting forth how much time is requested by each Party for oral argument. The Court will only hear oral argument from counsel at the hearing. Signed by Judge Eleanor L. Ross on 12/13/21. (ceo)
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| Filing 8 Return of Service Executed by TennisPoint.com, Inc. Midwest Sports Supply, LLC served on 12/10/2021, answer due 1/3/2022. (Hill, Steven) Modified to edit text on 12/13/2021 (ceo). |
| Filing 7 CERTIFICATE OF SERVICE re #2 Certificate of Interested Persons, #4 Electronic Summons Issued, #1 Complaint, #3 MOTION for Preliminary Injunction, #6 Order Setting Hearing on Motion,,, filed by TennisPoint.com, Inc. (Hill, Steven) |
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Filing 6
ORDER Setting Hearing on Motion #3 MOTION for Preliminary Injunction : The Court SCHEDULES a hearing on Plaintiff's Motion for Preliminary Injunction for Tuesday, January 4, 2022 at 1:30 PM, in Courtroom 1708. The Court DIRECTS Plaintiff's counsel to immediately serve a copy of (1) the Complaint, (2) Plaintiff's Motion for Preliminary Injunction, and (3) this order on Defendant, and to file a certificate of service on the docket showing that service has been made. The Court DIRECTS the Parties to jointly submit, no later than Tuesday, December 28, 2021, at 12:00 p.m., a proposed schedule for the hearing setting forth how much time is requested by each Party for oral argument. The Court will only hear oral argument from counsel at the hearing. Signed by Judge Eleanor L. Ross on 12/9/21. (rlh)
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| Filing 5 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| Filing 4 Electronic Summons Issued as to Midwest Sports Supply, LLC. (ceo) |
| Submission of #3 MOTION for Preliminary Injunction, to District Judge Eleanor L. Ross. (ceo) |
| Clerks Notation re #2 Certificate of Interested Persons/Corporate Disclosures by TennisPoint.com, Inc.. Read and approved by District Judge Eleanor L. Ross.(mlb) |
| ---COMMON LAW TRADEMARK, A0120 FORM NOT REQUIRED PER PLAINTIFF'S ATTORNEYS---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. (ceo) Modified on 12/8/2021 (ceo). |
| Notification of Docket Correction re AO Form 120 - Notice to Parties. Modified to reflect common law trademark case, AO Form 120 not required per plaintiff's attorneys. (ceo) |
| Filing 3 MOTION for Preliminary Injunction with Brief In Support by TennisPoint.com, Inc. (Attachments: #1 Brief in Support of Motion, #2 Declaration of Jeremy Bruck, #3 Exhibit A to declaration, #4 Exhibit B to declaration, #5 Text of Proposed Order)(ceo) |
| Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by TennisPoint.com, Inc. (ceo) |
| Filing 1 COMPLAINT with Jury Demand (Filing fee $402, receipt number AGANDC-11444132) filed by TennisPoint.com, Inc. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(ceo) 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: TennisPoint.com, Inc. | |
| Represented By: | Martha Logan Decker |
| Represented By: | Steven G. Hill |
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| Defendant: Midwest Sports Supply, LLC | |
| Represented By: | Brian C. Horne |
| Represented By: | Hans Mayer |
| Represented By: | Robert L. Lee |
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