BofI Federal Bank et al v. Portwood
| BofI Federal Bank and BofI Holding, Inc. |
| Portwood and Lewis Troylynn Portwood |
| 4:2017cv00056 |
| March 16, 2017 |
| US District Court for the Northern District of Georgia |
| Rome Office |
| XX US, Outside State |
| Harold L Murphy |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 23
ORDER granting in part and denying without prejudice in part #20 Motion to Hold in Contempt. The Court FINDS that Defendant willfully violated the Injunction in this case, but declines to hold Defendant in contempt. The Court ORDERS Defendant to, WITHIN TEN DAYS, comply fully with the terms of theInjunction. Specifically, Defendant must finally and permanently remove any association between Defendant and Plaintiffs from the Internet. Finally, the Court DIRECTS the Clerk to MAIL a copy of this Order and a copy of the Injunction #14 to Defendant at his last-known address. Signed by Judge Harold L. Murphy on 12/13/2018. (dob)
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| Clerk's Certificate of Mailing as to Lewis Troylynn Portwood re #23 Order on Motion to Hold in Contempt. (dob) |
| Filing 22 RESPONSE re #20 MOTION for Contempt for Defendant Portwood's Violation of Permanent Injunction filed by Lewis Troylynn Portwood. (jta) |
| Submission of #20 MOTION for Contempt for Defendant Portwood's Violation of Permanent Injunction, to District Judge Harold L. Murphy. (jta) |
| Clerk updated pro se defendant's address re #22 Response to Motion. (jta) |
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Filing 21
ORDER: the Court ORDERS Defendant to file his response, if any, to the Motion for Contempt #20 WITHIN FOURTEEN (14) DAYS AFTER THE DATE OF THIS ORDER. If Defendant fails to file a response as directed in this Order, the Court will take the Motion for Contempt under consideration without the benefit of a response from Defendant. Defendant should be aware that Plaintiffs are seeking Defendant's incarceration and fines if Defendant fails to comply with the injunction Order in this case. Finally, the Court DIRECTS the Clerk to MAIL a copy of this Order to Defendant at his last-known address: 324 Veeler Road, Lafayette, Georgia, 30726. Signed by Judge Harold L. Murphy on 11/13/18. (jta)
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| Clerk updated defendant's address re #21 Order. (jta) |
| Clerk's Certificate of Mailing as to Lewis Troylynn Portwood re #21 Order, to lka: 324 Veeler Road, Lafayette, Georgia, 30726, as directed. (jta) |
| Filing 20 MOTION for Contempt for Defendant Portwood's Violation of Permanent Injunction with Brief In Support by BofI Federal Bank, BofI Holding, Inc.. (Attachments: #1 Brief Memorandum in Support, #2 Declaration of Gregory Brow, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9)(Brow, Gregory) |
| Filing 19 Withdrawal of Motion #18 MOTION for Contempt Memorandum of Law in Suppot of Plaintiffs Motion for Contempt for Defendant Portwood's Violation of Permanent Injunction filed by BofI Holding, Inc., BofI Federal Bank filed by BofI Federal Bank, BofI Holding, Inc.. (Brow, Gregory) |
| Filing 18 MOTION for Contempt (titled) Memorandum of Law in Support of Plaintiffs Motion for Contempt for Defendant Portwood's Violation of Permanent Injunction with Brief In Support by BofI Federal Bank, BofI Holding, Inc.. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Brow, Gregory) Modified on 10/24/2018 to edit text (jta). (jta). |
| Filing 17 Certified Mail Returned Receipt re #16 Notice of Application for Writ. (jta) |
| Filing 16 NOTICE of Application for Writ by BofI Federal Bank, BofI Holding, Inc. (Baxter, Jeffrey) |
| WRIT of Execution issued in the amount of $$37,399.00, plus post-judgment interest at legal rate. (jta) |
| Clerks Certificate of Mailing (certified) as to attorneys for BofI Federal Bank, BofI Holding, Inc. re Writ Issued. Certified mail receipt #7010 0290 0000 1441 3763. (jta) |
| Filing 15 AO Form 120 forwarded to Commissioner re judgment. (jta) |
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Filing 14
FINAL JUDGMENT and ORDER for PERMANENT INJUNCTION and granting #10 Motion for Default Judgment as to defendant Lewis Troylynn Portwood. The Court therefore, FINDS that Plaintiffs are entitled to an award of $14,000.00 in statutory damages, and FINDS that Plaintiffs are entitled to recover their reasonable attorney's fees and costs of litigation in the amount of $23,399.00. The Court DIRECTS the Clerk to enter JUDGMENT in the amount of THIRTY-SEVEN THOUSAND, THREE HUNDRED AND NINETY-NINE DOLLARS ($37,399.00) in favor of Plaintiffs against Defendant Portwood, with post-judgment interest at the legal rate, plus the costs of this civil action. Signed by Judge Harold L. Murphy on 8/4/17. (jta)
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| Clerks Certificate of Mailing as to Lewis Troylynn Portwood re #14 Order. (jta) |
| Civil Case Terminated. (jta) |
| Filing 13 PROPOSED ORDER Corrected Proposed Order re: #10 MOTION for Default Judgment as to Lewis Troylynn Portwood . (Baxter, Jeffrey) |
| Filing 12 AFFIDAVIT re #10 MOTION for Default Judgment as to Lewis Troylynn Portwood Declaration of Gregory S. Brow by BofI Federal Bank, BofI Holding, Inc.. (Attachments: #1 Exhibit A)(Baxter, Jeffrey) |
| Filing 11 AFFIDAVIT re #10 MOTION for Default Judgment as to Lewis Troylynn Portwood by BofI Federal Bank, BofI Holding, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Baxter, Jeffrey) |
| Filing 10 MOTION for Default Judgment as to Lewis Troylynn Portwood by BofI Federal Bank, BofI Holding, Inc.. (Attachments: #1 Text of Proposed Order )(Baxter, Jeffrey) Modified on 7/21/2017 to edit text(jta). |
| Clerks Entry of Default as to Lewis Troylynn Portwood. (jta) |
| Filing 9 MOTION for Clerks Entry of Default by BofI Federal Bank, BofI Holding, Inc.. (Baxter, Jeffrey) |
| Filing 8 Withdrawal of Motion #7 MOTION for Clerks Entry of Default filed by BofI Holding, Inc., BofI Federal Bank filed by BofI Federal Bank, BofI Holding, Inc.. (Baxter, Jeffrey) |
| Filing 7 MOTION for Clerks Entry of Default with Affidavit in Support, Proposed Entry of Default by BofI Federal Bank, BofI Holding, Inc. (Attachments: #1 Certificate of Service)(Baxter, Jeffrey) Modified on 4/24/2017 to correct text per attorney call(jkl). |
| Filing 6 Return of Service Executed by BofI Holding, Inc., BofI Federal Bank. Lewis Troylynn Portwood served on 3/21/2017, answer due 4/11/2017. (Baxter, Jeffrey) |
| Filing 5 Clerks Notation re #4 Certificate of Interested Persons. Approved by Judge Harold L. Murphy on 3/20/17. (jta) |
| Filing 4 Certificate of Interested Persons by BofI Federal Bank, BofI Holding, Inc.. (Baxter, Jeffrey) |
| Filing 3 AO Form 120 forwarded to Commissioner. (Attachments: #1 Exhibit A-Trademarks) (jta) |
| Filing 2 Electronic Summons Issued as to Lewis Troylynn Portwood. (jta) |
| Filing 1 COMPLAINT with Jury Demand, filed by BofI Holding, Inc., BofI Federal Bank. (Filing fee $ 400 receipt number 113E-7034132.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(jta) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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