The Growler Station, Inc. v. The Foundry Growler Station, LLC et al
| THE GROWLER STATION, INC. |
| Does 1 through 20 and THE FOUNDRY GROWLER STATION, LLC |
| 4:2018cv00232 |
| October 24, 2018 |
| US District Court for the Northern District of Georgia |
| Harold L Murphy |
| Amy Totenberg |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2018. A more recent docket listing may be available from PACER.
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| Submission of #44 MOTION for Leave to File Second Amended Complaint, and Brief in Opposition to Defendant's Motion to Dismiss, to District Judge Amy Totenberg. (bjh) |
| Filing 51 REPLY BRIEF re #44 MOTION for Leave to File Second Amended Complaint, and Brief in Opposition to Defendant's Motion to Dismiss filed by THE GROWLER STATION, INC.. (Hill, Steven) |
| Filing 50 RESPONSE in Opposition re #44 MOTION for Leave to File Second Amended Complaint, and Brief in Opposition to Defendant's Motion to Dismiss filed by THE FOUNDRY GROWLER STATION, LLC. (Twyman, Christopher) |
Filing 49
STANDING ORDER: Guidelines to Parties and Counsel in cases proceeding before the Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 12/4/18. (jpa)
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| Submission of #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Amy Totenberg. (tcc) |
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Filing 48
ORDER REASSIGNING CASE. Case reassigned to Judge Amy Totenberg for all further proceedings. Judge Charles A. Pannell, Jr. no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 4:18-cv-00232-AT. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Charles A. Pannell, Jr. on 12/3/2018. (tcc)
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Filing 47
ORDER declining to handle this action. Case reassigned to Judge Charles A. Pannell, Jr. for all further proceedings. Judge Harold L. Murphy no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 4:18-cv-232-CAP. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Harold L. Murphy on 11/29/2018. (dob)
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| Submission of #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Harold L. Murphy. (dob) |
| Filing 46 NOTICE of Appearance by Martha Logan Decker on behalf of THE GROWLER STATION, INC. (Decker, Martha) |
| Filing 45 NOTICE of Appearance by Steven G. Hill on behalf of THE GROWLER STATION, INC. (Hill, Steven) |
| Filing 44 MOTION for Leave to File Second Amended Complaint, and Brief in Opposition to Defendant's Motion to Dismiss with Brief In Support by THE GROWLER STATION, INC.. (Attachments: #1 Ex. A, #2 Proposed Order)(Hill, Steven) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by THE FOUNDRY GROWLER STATION, LLC. (Attachments: #1 Brief in support of Motion to Dismiss)(Twyman, Christopher) |
| Filing 42 Case transferred in from District of California Central; Case Number 8:18-cv-00433. Original file certified copy of transfer order and docket sheet received. |
| Filing 41 Transfer Out Transmittal Letter sent to USDC Northern District of Georgia at Rome. (twdb) [Transferred from California Central on 10/24/2018.] |
| Filing 40 MINUTES (IN CHAMBERS) by Judge David O. Carter: GRANTING IN PART #35 MOTION to Dismiss or Transfer and TRANSFERRING Action to Northern District of Georgia. ( MD JS-6. Case Terminated ) (twdb) [Transferred from California Central on 10/24/2018.] |
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Filing 39
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 12/17/2018 @ 8:30 AM before Judge David O. Carter. (dgo) [Transferred from California Central on 10/24/2018.]
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| Filing 38 SCHEDULING NOTICE by Judge David O. Carter re: to Dismiss Case #35 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 10/15/2018 is removed from the calendar and the motion is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY [Transferred from California Central on 10/24/2018.] |
| Filing 37 REPLY in support of Defendant's Motion to Dismiss Case #35 filed by Defendant The Foundry Growler Station, LLC. (Tran, John) [Transferred from California Central on 10/24/2018.] |
| Filing 36 OPPOSITION OPPOSITION re: to Dismiss Case #35 filed by Plaintiff The Growler Station, Inc.. (Attachments: #1 Declaration Of Clifford L. White, #2 Exhibit 1-8)(Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 35 NOTICE of Motion to Dismiss filed by Defendant The Foundry Growler Station, LLC. (Tran, John) Modified on 9/13/2018 (twdb). [Transferred from California Central on 10/24/2018.] |
| Filing 34 MEMORANDUM in Support of Defendant's Motion to Dismiss filed by Defendant The Foundry Growler Station, LLC. (Attachments: #1 Declaration of Goge Hubenthal in Support Thereof, #2 Proposed Order, #3 Proposed Order)(Tran, John) [Transferred from California Central on 10/24/2018.] |
| Filing 33 Joint STIPULATION Extending Time to Answer the complaint as to The Foundry Growler Station, LLC answer now due 9/12/2018, re Amended Complaint/Petition #31 filed by Defendant The Foundry Growler Station, LLC.(Attorney John D Tran added to party The Foundry Growler Station, LLC(pty:dft))(Tran, John) [Transferred from California Central on 10/24/2018.] |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff The Growler Station, Inc., upon Defendant The Foundry Growler Station, LLC served on 8/8/2018, answer due 8/29/2018. Service of the Summons and Complaint were executed upon Mindy Hubenthal Agent for Service in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 31 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Pl The Growler Station, Inc.(Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 30 MINUTES (IN CHAMBERS) by Judge David O. Carter: denying #28 Plaintiff's MOTION for Default Judgment. Because Plaintiffs Complaint does not sufficiently state a claim for relief, the Court DISMISSES the Complaint without prejudice. Plaintiff may file an amended complaint, if desired, on or before July 31, 2018. If no amended complaint is filed by the date, the Court will close the case. (twdb) [Transferred from California Central on 10/24/2018.] |
| Filing 29 SCHEDULING NOTICE by Judge David O. Carter re: NOTICE OF MOTION AND MOTION for Default Judgment against Defendant The Foundry Growler Station, LLC #28 . The Court finds this matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 7/9/2018 is removed from the calendar and the motion is taken under submission. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY [Transferred from California Central on 10/24/2018.] |
| Filing 28 NOTICE OF MOTION AND MOTION for Default Judgment against Defendant The Foundry Growler Station, LLC filed by PLAINTIFF The Growler Station, Inc.. Motion set for hearing on 7/9/2018 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order, #4 Proof of Service) (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
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Filing 27
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER TO SHOW CAUSE RE: LACK OF PROSECUTION. See document for further information. ( Show Cause Response due by 5/22/2018.) (twdb) [Transferred from California Central on 10/24/2018.]
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| Filing 26 DEFAULT BY CLERK F.R.Civ.P.55(a) as to The Foundry Growler Station, LLC (es) [Transferred from California Central on 10/24/2018.] |
| Filing 25 REQUEST for Clerk to Enter Default against Defendant The Foundry Growler Station, LLC filed by PLAINTIFF The Growler Station, Inc.. (Attachments: #1 Declaration) (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff The Growler Station, Inc., upon Defendant Service of the Summons and Complaint were executed upon Gorg Hubenthal, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 23 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant The Foundry Growler Station, LLC, a Georgia limited liability company #20 . The Clerk cannot enter the requested relief as: Service Requirement for entry of default is not on the proof of service summons and complaint. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (twdb) [Transferred from California Central on 10/24/2018.] |
| Filing 22 DECLARATION OF SERVICE filed by Plaintiff The Growler Station, Inc., re Declaration (Motion related) #21 , REQUEST for Clerk to Enter Default against Defendant The Foundry Growler Station, LLC #20 served on April 26, 2018. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 21 DECLARATION of Clifford L. White IN SUPPORT OF REQUEST for Clerk to Enter Default against Defendant The Foundry Growler Station, LLC #20 filed by Plaintiff The Growler Station, Inc.. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 20 REQUEST for Clerk to Enter Default against Defendant The Foundry Growler Station, LLC filed by Plaintiff The Growler Station, Inc.. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Nicholas Duane Myers counsel for Plaintiff The Growler Station, Inc.. Adding Clifford L. White as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff The Growler Station. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff The Growler Station, Inc., upon Defendant The Foundry Growler Station, LLC served on 3/27/2018, answer due 4/17/2018. Service of the Summons and Complaint were executed upon Melody Dawkins, Occupant in compliance with statute not specified by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 17 Request for Clerk to Issue Summons on Summons Issued #16 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff The Growler Station, Inc.. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 16 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant The Foundry Growler Station, LLC. (es) [Transferred from California Central on 10/24/2018.] |
| Filing 15 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by The Growler Station, Inc.. (Cisneros, Ivan) [Transferred from California Central on 10/24/2018.] |
| Filing 14 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by The Growler Station, Inc.. (Cisneros, Ivan) [Transferred from California Central on 10/24/2018.] |
| Filing 13 NOTICE Notice of Errata filed by PLAINTIFFS The Growler Station, Inc.. (Cisneros, Ivan) [Transferred from California Central on 10/24/2018.] |
| Filing 12 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff The Growler Station, Inc.. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
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Filing 11
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (dgo) [Transferred from California Central on 10/24/2018.]
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| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 10/24/2018.] |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Douglas F. McCormick. (ghap) [Transferred from California Central on 10/24/2018.] |
| Filing 8 Certification and NOTICE of Interested Parties filed by Plaintiff THE GROWLER STATION, INC., identifying THE FOUNDRY GROWLER STATION, LLC. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 7 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by THE GROWLER STATION, INC.. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 6 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by THE GROWLER STATION, INC.. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by THE GROWLER STATION, INC.. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by THE GROWLER STATION, INC.. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 3 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by THE GROWLER STATION, INC.. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff THE GROWLER STATION, INC.. (Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
| Filing 1 COMPLAINT Receipt No: 0973-21437721 - Fee: $400, filed by Plaintiff THE GROWLER STATION, INC.. (Attorney Nicholas Duane Myers added to party THE GROWLER STATION, INC. (pty:pla))(Myers, Nicholas) [Transferred from California Central on 10/24/2018.] |
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