AIBH Group, Inc. et al v. Jespersen et al
| AIBH Group, Inc. and SuperiorPRO, LLC |
| SuperiorPRO Exteriors, LLC and Joseph Jespersen |
| 2:2020cv00174 |
| July 27, 2020 |
| US District Court for the Northern District of Georgia |
| Richard W Story |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.
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Filing 24
ORDER that this matter is stayed and that the #14 Temporary Restraining Order is extended 30 days, through and including October 23, 2020. All other deadlines will be adjusted accordingly. Signed by Judge Richard W. Story on 09/23/2020. (rsg)
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| Filing 23 MOTION for Extension of Time Plaintiff's Motion for Extension of Temporary Restraining order and to Stay Proceedings re: #14 Order on Motion for TRO,,, Order on Motion for Preliminary Injunction,, by AIBH Group, Inc., SuperiorPRO, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Stapleton, John) |
| Clerk's Certificate of Mailing as to SuperiorPRO Exteriors, LLC re #24 Order on Motion for Extension of Time. (rsg) |
| Filing 25 Minute Entry for proceedings held before Magistrate Judge Regina D Cannon: Settlement Conference held on 9/22/2020 by video conferencing. The parties are instructed to provide a status update concerning the proposed settlement agreement to the Court within 10 days. Plaintiffs will file a motion requesting a 30 day extension of the TRO and a stay on all pending discovery deadlines. (rsg) |
| Filing 22 RESPONSE in Opposition to #19 MOTION to Dismiss Defendant Jespersen's Counterclaim and Memorandum of Law in Support, filed by Joseph Jespersen. (Attachments: #1 Exhibit)(rsg) |
| Clerk's Certificate of Mailing as to Joseph Jespersen, SuperiorPRO Exteriors, LLC re #21 Order Adding Attorney. (rsg) |
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Filing 21
ORDER Appointing Attorney Aaron Karl Block for Joseph Jespersen solely for thelimited purposes associated with the upcoming mediation of this case. This appointment will terminate without the necessity of further order of the Court seven days after the adjournment of such mediation, or at such other time as the Court may order. Signed by Magistrate Judge Regina D Cannon on 09/04/2020. (rsg)
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Filing 20
ORDER scheduling Mediation. Mediation Hearing set for 9/22/2020 at 10:00 AM before Magistrate Judge Regina D Cannon via Zoom Video Conferencing. To maximize the potential for successful settlement of this case, the Court ORDERS the parties to comply with the following requirements before and during mediation. See Order for further details. Signed by Magistrate Judge Regina D Cannon on 9/4/2020. (dgr)
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| Filing 19 MOTION to Dismiss Defendant Jespersen's Counterclaim and Memorandum of Law in Support with Brief In Support by AIBH Group, Inc., SuperiorPRO, LLC. (Stapleton, John) |
| Clerk's Certificate of Mailing as to Joseph Jespersen, SuperiorPRO Exteriors, LLC re #18 Order. (dgr) |
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Filing 18
SEVENTH 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 9/1/2020. (dgs) (ADI)
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| Submission of #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Richard W. Story. (rsg) |
| Filing 17 AMENDED ANSWER to #1 COMPLAINT, COUNTERCLAIM against AIBH Group, Inc., SuperiorPRO, LLC by Joseph Jespersen and SuperiorPRO Exteriors, LLC. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 23)(rsg) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 16 RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Transfer Case to Gainesville Division filed by AIBH Group, Inc., SuperiorPRO, LLC. (Stapleton, John) |
| CASE REFERRED to Settlement Judge, Magistrate Judge Regina D Cannon. (dgr) |
| Filing 15 ACKNOWLEDGMENT OF SERVICE Executed filed by SuperiorPRO, LLC, AIBH Group, Inc.. Joseph Jespersen served on 8/10/2020; SuperiorPRO Exteriors, LLC served on 8/10/2020. (Stapleton, John) |
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Filing 14
ORDER: Plaintiffs Motion for a TRO #2 is GRANTED in part and DENIED in part. The case is REFERRED to the Chief Magistrate Judge for assignment to a Magistrate Judge for mediation. This TRO shall remain in effect through mediation. If the case does not settle in mediation, the parties are DIRECTED to submit a status report within seven days of the mediation. The status report shall include whether they can agree upon terms for extending the temporary relief provided here on a consent order basis. Otherwise, further relief would require a preliminary injunction, which the Court would consider upon such motion. Signed by Judge Richard W. Story on 8/7/2020. (dgr)
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| Clerk's Certificate of Mailing as to Joseph Jespersen and SuperiorPRO Exteriors, LLC re #14 Order on Motion for TRO. (dgr) |
| Filing 13 Minute Entry for proceedings held before Judge Richard W. Story: Cause came before the Court for a Hearing as to Defendants' #2 Motion for TRO and Motion for Preliminary Injunction. Counsel and Defendant Jespersen appeared before the Court via video teleconferene by Zoom. The Court heard argument from counsel and defendant. The matters were taken under advisement and a written order will follow. (Court Reporter Amanda Lohnaas)(dgr) |
| Clerk's Certificate of Mailing as to Joseph Jespersen, SuperiorPRO Exteriors re #12 Sixth Amendment to the General Order. (rsg) |
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Filing 12
SIXTH 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 08/03/2020. (rvb) (ADI)
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Filing 11
COURT NOTICE of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk)
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| Clerk's Certificate of Mailing as to Joseph Jespersen, SuperiorPRO Exteriors, LLC re Notice of Video/Telephone Proceeding. (sk) |
| NOTICE OF VIDEO PROCEEDING re: #2 MOTION for Temporary Restraining Order. Motion Hearing set for 8/6/2020 at 09:00 AM in GAINESVILLE Courtroom 103 before Judge Richard W. Story. Connection Instructions: https://ganduscourts.zoomgov.com/j/1601021487 Meeting ID: 160 102 1487 Password: 172379; Dial In: 1-646-828-7666 Meeting ID: 160 102 1487 Password: 172379. 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. (sk) |
| Clerk's Certificate of Mailing as to Joseph Jespersen, SuperiorPRO Exteriors, LLC re #11 Court Notice of Filing: Standing Order. (sk) |
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Filing 10
ORDER granting #9 Consent Motion to Transfer Case. The Clerk of the Court is DIRECTED to transfer this case to the Gainesville Division of the Northern District of Georgia. Signed by Judge Amy Totenberg on 7/31/2020. (bnp)
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| Clerk's Certificate of Mailing as to Joseph Jespersen and SuperiorPRO Exteriors, LLC re #10 Order. (bnp) |
| Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction to District Judge Richard W. Story. (bnp) |
| Case transferred in from Atlanta Division. Case Number 1:20-cv-3126. Case assigned to Judge Richard W. Story. (bnp) |
| Filing 9 Consent MOTION to Transfer Case to Consent Motion to Transfer Venue by AIBH Group, Inc., SuperiorPRO, LLC. (Stapleton, John) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Transfer Case to Gainesville Division filed by Joseph Jespersen, and SuperiorPRO Exteriors, LLC. (aaq) |
| Filing 7 ANSWER/RESPONSE with Jury Demand to the #1 COMPLAINT filed by Joseph Jespersen, and SuperiorPRO Exteriors, LLC. Discovery ends on 12/28/2020.(aaq) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| NOTICE OF CANCELLATION of Hearing re: #2 MOTION for Temporary Restraining Order; MOTION for Preliminary Injunction. The Zoom hearing scheduled for Firday, July 31, 2020, at 10:30am, is cancelled due to the pending motion to transfer the case to the Gainesville Division, which the Court will address in a forthcoming order. (hfm) (hfm) |
| Filing 6 AO Form 120 forwarded to Commissioner. (bnp) |
| Filing 5 PROPOSED AO 120 . (Stapleton, John) |
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Filing 4
GENERAL ORDER 20-01 Fifth Amendment IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020. (tmf)
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| Filing 3 Electronic Summons Issued as to Joseph Jespersen, SuperiorPRO Exteriors, LLC. (Attachments: #1 Summons SuperiorPro Exteriors)(tmf) |
| Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction, to District Judge Amy Totenberg. (tmf) |
| NOTICE SCHEDULING VIDEO PROCEEDING re: #2 MOTION for Temporary Restraining Order; MOTION for Preliminary Injunction. Motion Hearing set for 7/31/2020 at 10:30 AM before Judge Amy Totenberg. Connection Instructions: https://ganduscourts.zoomgov.com/j/1611168265. Meeting ID: 161 116 8265. Password: 308779. Audio: +16692545252. 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. (hfm) |
| 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. (tmf) |
| Filing 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, MOTION for Preliminary Injunction by AIBH Group, Inc., SuperiorPRO, LLC. (tmf) |
| Filing 1 COMPLAINT with Jury Demand filed by SuperiorPRO, LLC, AIBH Group, Inc.. (Filing fee $400, receipt number AGANDC-9957325) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Civil Cover Sheet)(tmf) 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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