Polaris Experience, LLC v. Washington et al
| Polaris Experience, LLC doing business as Polaris Adventures |
| Washington Management Services LLC, Atlanta Slingshot Adventure Rentals LLC, Georgia Slingshot Adventure Rentals LLC and North Atlanta Slingshot Rentals Incorporated |
| Nathaniel Washington and WMS Auto Sales, LLC |
| Polaris Experience, LLC |
| 1:2023cv00750 |
| February 17, 2023 |
| US District Court for the Northern District of Georgia |
| Eleanor L Ross |
| Trademark |
| 28 U.S.C. § 1338 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
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Filing 31
ORDER: The Court GRANTS IN PART AND DENIES IN PART Plaintiff's Motion for Expedited Discovery. #27 . The Court GRANTS the motion to the extent it requests permission to serve the subpoenas directed at D & D and Darleny Sakanovic that are filed at Docket Entry 27-1. The Court DENIES the motion in all other respects. The Court ORDERS the Parties to conduct the conference required by Local Rule 16.1 no later than April 17, 2023. The Court further ORDERS the Parties to submit a Joint Preliminary Report and Discovery Plan as required by this district's Local Rule 16.2 no later than May 1, 2023. Signed by Judge Eleanor L. Ross on 4/4/23. (ceo)
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| Filing 30 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Polaris Experience, LLC with Jury Demand by Atlanta Slingshot Adventure Rentals LLC, Washington Management Services LLC, Georgia Slingshot Adventure Rentals LLC, WMS Auto Sales, LLC, Nathaniel Washington.(Welsh, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified to correct text on 4/4/2023 (ceo). |
| Filing 29 NOTICE of Appearance by Michael Shane Welsh on behalf of Atlanta Slingshot Adventure Rentals LLC, Georgia Slingshot Adventure Rentals LLC, WMS Auto Sales, LLC, Nathaniel Washington, Washington Management Services LLC (Welsh, Michael) |
| Filing 28 Certificate of Interested Persons and Corporate Disclosure Statement by Polaris Experience, LLC identifying Corporate Parent Polaris, Inc., Corporate Parent Polaris Industries, Inc., Other Affiliate Polaris Sales, Inc. for Polaris Experience, LLC. (Presnell, Eric) |
| Clerks Notation re #28 Certificate of Interested Persons/Corporate Disclosure Statement by Polaris Experience, LLC identifying Corporate Parent Polaris, Inc., Corporate Parent Polaris Industries, Inc., Other Affiliate Polaris Sales, Inc. for Polaris Experience, LLC. Read and approved by District Judge Eleanor L. Ross. (mlb) |
| Filing 27 MOTION to Expedite Discovery with Brief In Support by Polaris Experience, LLC. (Attachments: #1 Exhibit A - Subpoenas, #2 Exhibit B - Bills of Sale for 19 Slingshots, #3 Exhibit C - March 31, 2021 Annual Registration, #4 Exhibit D - Tax Bill, #5 Exhibit E - November 16, 2021 Certificate of Amendment, #6 Exhibit F - March 3, 2023 Cease-and-Desist Letter, #7 Exhibit G - March 13, 2023 Evidence Preservation Letter, #8 Exhibit H - Proposed Order, #9 Brief in Support)(Presnell, Eric) |
| Clerk's Entry of Dismissal APPROVING #25 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) as to North Atlanta Slingshot Rentals Incorporated only (ceo) |
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Filing 26
ORDER: Because Defendant Washington Management's Answer and Counter Claim are improper, the Court STRIKES those filings. #21 #22 . However, in its discretion, the Court EXTENDS all Defendants' deadlines to respond to Plaintiff's Complaint through and including March 31, 2023. Signed by Judge Eleanor L. Ross on 3/13/23. (ceo)
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| Clerk's Certificate of Mailing as to Atlanta Slingshot Adventure Rentals LLC, Georgia Slingshot Adventure Rentals LLC, WMS Auto Sales, LLC, Nathaniel Washington, Washington Management Services LLC re #26 Order. (ceo) |
| Submission of #9 Order to Show Cause to District Judge Eleanor L. Ross. (mlb) |
| Filing 25 NOTICE of Voluntary Dismissal of North Atlanta Slingshot Rentals Incorporated filed by Polaris Experience, LLC (Presnell, Eric) |
| Clerk's Certificate of Mailing as to Washington Management Services LLC re #24 Order. (ceo) |
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Filing 24
AGREED ORDER ON REQUEST FOR INJUNCTIVE RELIEF. Signed by Judge Eleanor L. Ross on 3/9/23. (ceo)
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| Filing 23 PROPOSED CONSENT ORDER Proposed Agreed Order on Request for Injunctive Relief re: #2 MOTION for Preliminary Injunction. (Presnell, Eric) |
| Filing 22 STRICKEN PER #26 ORDER COUNTERCLAIM against Polaris Experience, LLC filed by Washington Management Services LLC.(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. Modified on 3/13/2023 (ceo). |
| Filing 21 STRICKEN PER #26 ORDER ANSWER to #1 COMPLAINT by Washington Management Services LLC. Discovery ends on 8/3/2023.(ceo) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 3/13/2023 (ceo). |
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Filing 20
ORDER: In light of Plaintiffs efforts to personally serve the Court's March 1, 2023 Order, and the fact no rule of procedure requires the personal service of documents such as the Court's March 1, 2023 Order on any party, the Court finds its March 1, 2023 Order SATISFIED. #17 . The Court ORDERS that Plaintiff need not make any further attempts to serve the Court's March 1, 2023 Order on Defendants Washington and North Atlanta Slingshot Rentals. The Court DIRECTS the Parties to adhere to the schedule set forth in the Court's March 1, 2023 Order. #17 . The Court further DIRECTS the Clerk to serve a copy of this Order on Defendant Washington by email. Signed by Judge Eleanor L. Ross on 3/3/23. (ceo)
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| Filing 19 STATUS REPORT Regarding Personal Service of March 1 Order by Polaris Experience, LLC. (Attachments: #1 Exhibit 1 - March 2, 2023 Email from Process Server, #2 Exhibit 2 - March 2, 2023 Correspondence with Process Server)(Presnell, Eric) |
| Filing 18 STATUS REPORT Regarding Personal Service of Court's March 1 Order by Polaris Experience, LLC. (Attachments: #1 Exhibit 1- Email from Process Server, #2 Exhibit 2 - Emails Between Caroline Spore and Nathaniel Washington)(Presnell, Eric) |
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Filing 17
ORDER: The Court finds its February 28, 2023 show cause Order SATISFIED. Accordingly, the Court ORDERS the Parties to adhere to the following deadlines: (See Order for Details). Finally, the Court DIRECTS Plaintiff to personally serve a copy of this order on Defendants Nathaniel Washington and North Atlanta Slingshot Rentals Incorporated. The Court further DIRECTS the Clerk to serve a copy of this Order on Defendant Nathaniel Washington by email. Signed by Judge Eleanor L. Ross on 3/1/23. (ceo)
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| Clerk's Certificate of Mailing (via email) as to Nathaniel Washington re #17 Order. (ceo) |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re: #9 Order to Show Cause,, filed by Polaris Experience, LLC. (Attachments: #1 Exhibit 1 - Feb. 28, 2023 Declaration of Paul Withrow, #2 Exhibit 2 - Feb. 28, 2023 Declaration of Caroline D. Spore)(Presnell, Eric) |
| Filing 15 Return of Service Executed by Polaris Experience, LLC. WMS Auto Sales, LLC served on 2/25/2023, answer due 3/20/2023. (Presnell, Eric) |
| Filing 14 Return of Service Executed by Polaris Experience, LLC. Washington Management Services LLC served on 2/25/2023, answer due 3/20/2023. (Presnell, Eric) |
| Filing 13 Return of Service Executed by Polaris Experience, LLC. North Atlanta Slingshot Rentals Incorporated served on 2/25/2023, answer due 3/20/2023. (Presnell, Eric) |
| Filing 12 Return of Service Executed by Polaris Experience, LLC. Georgia Slingshot Adventure Rentals LLC served on 2/25/2023, answer due 3/20/2023. (Presnell, Eric) |
| Filing 11 Return of Service Executed by Polaris Experience, LLC. Atlanta Slingshot Adventure Rentals LLC served on 2/25/2023, answer due 3/20/2023. (Presnell, Eric) |
| Filing 10 Return of Service Executed by Polaris Experience, LLC. Nathaniel Washington served on 2/23/2023, answer due 3/16/2023. (Presnell, Eric) |
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Filing 9
ORDER: The Court ORDERS Plaintiff to, no later than 5:00 p.m. on Wednesday, March 1, 2023, show cause in writing as to why this case should not be dismissed for failure to comply with the Courts February 21, 2023 Order. The Court CAUTIONS Plaintiff that failure to adequately respond to this order will result in dismissal of this action without prejudice. Finally, the Court DIRECTS the Clerk to serve a copy of this Order on Defendant Nathaniel Washington by email. Signed by Judge Eleanor L. Ross on 2/28/23. (ceo)
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| Clerk's Certificate of Mailing (via email) as to Nathaniel Washington re #9 Order to Show Cause (ceo) |
| Filing 8 NOTICE by Polaris Experience, LLC re Service of Process (Attachments: #1 Exhibit 1 - Feb. 24, 2023 Email from T.Presnell to N.Washington)(Presnell, Eric) |
| Filing 7 AO Form 120 forwarded to Commissioner. (ceo) |
| Filing 6 PROPOSED AO 120 . (Presnell, Eric) |
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Filing 5
ORDER: The Court ORDERS the Parties to adhere to the following expedited schedule for service on Defendants and briefing on Plaintiff's motion for preliminary injunction: (See Order for Details). The Court SCHEDULES a hearing on Plaintiff's "Motion for Preliminary Injunction" #2 for Thursday, March 16, 2023, at 10:00 a.m., in Courtroom 1708, United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, GA, 30303. Further, the Court DIRECTS the Parties to jointly submit, by 5:00 p.m. on Friday, March 10, 2023, a proposed schedule for the hearing that sets forth how much time is requested by each side to argue each issue. Signed by Judge Eleanor L. Ross on 2/21/23. (ceo)
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| Filing 4 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| 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) |
| Submission of #2 MOTION for Preliminary Injunction, to District Judge Eleanor L. Ross. (ceo) |
| Filing 3 Electronic Summons Issued as to Atlanta Slingshot Adventure Rentals LLC, Georgia Slingshot Adventure Rentals LLC, North Atlanta Slingshot Rentals Incorporated, WMS Auto Sales, LLC, Nathaniel Washington, Washington Management Services LLC. (ceo) |
| Filing 2 MOTION for Preliminary Injunction with Brief In Support by Polaris Experience, LLC. (Attachments: #1 Brief in Support of Motion, #2 Exhibit A - Cobb County Magistrate Court Petitions, #3 Exhibit B - B. Huffner Declaration, #4 Exhibit C - N. Ketner Declaration, #5 Exhibit D - Polaris Adventures TM Registration, #6 Text of Proposed Order)(ceo) |
| Filing 1 COMPLAINT with Jury Demand filed by Polaris Experience, LLC. (Filing fee $402, receipt number AGANDC-12399543) (Attachments: #1 Exhibit A - May 24, 2019 PPSA, #2 Exhibit B - February 14, 2020 PPSA, #3 Exhibit C - November 13, 2020 PPSA, #4 Exhibit D - June 10, 2021 PPSA, #5 Exhibit E - April 26, 2022 PPSA, #6 Exhibit F - December 10, 2020 Program Order, #7 Exhibit G - February 6, 2022 Program Order, #8 Exhibit H - February 9, 2022 Program Order, #9 Exhibit I - February 9, 2022 Program Order, #10 Exhibit J - February 9, 2022 Program Order, #11 Exhibit K - Unit Sales Agreement, #12 Exhibit L - July 22, 2022 Letter from Susan Goodman (redacted), #13 Exhibit M - Polaris' Response to Goodman's July letter (redacted), #14 Exhibit N August 16, 2022 Letter from Susan Goodman (redacted), #15 Exhibit O - September 22, 2022 Letter from Polaris (reacted), #16 Exhibit P - September 28, 2022 Letter from Susan Goodman (redacted), #17 Exhibit Q - Titles for Slingshots from Freedom Powersports, #18 Exhibit R - Titles-Assignments and Warranty of Titles for Slingshots Auctioned, #19 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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