Skydiving School, Inc. v. Sky-Med, Inc.
| Skydiving School, Inc. doing business as Skydive Hawaii, a Hawai'i corporation and Skydiving School, Inc. a Hawaii corporation doing business as Skydive Hawaii |
| Sky-Med, Inc. doing business as Pacific Skydiving, a Hawai'i corporation, GoJump America, LLC, GoJump Hawaii LLC, Michael Vetter, Guy Banal and Sky-Med, Inc. a Hawaii corporation doing business as Pacific Skydiving |
| 1:2023cv00292 |
| July 13, 2023 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| DERRICK K WATSON |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Filing 44 EO: In light of the pending motions to dismiss, see ECF Nos. #36 and #42 , the Telephonic Rule 16 Scheduling Conference is CONTINUED from 9/18/2023 to 12/12/2023 at 9:00 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
| Filing 43 NOTICE of Hearing on #42 Defendants GoJump America, LLC, GoJump Hawaii, LLC and Michael Vetter's Motion to Dismiss Plaintiff's Entire Complaint is set for 10/12/2023 at 10:00 AM in Aha Kupono before CHIEF JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2. (tyk) |
| Filing 42 MOTION to Dismiss Plaintiff's Entire Complaint Gregory W. Kugle appearing for Defendants GoJump Hawaii LLC, GoJump America, LLC, Michael Vetter (Attachments: #1 Memorandum in Support of Motion, #2 Declaration Certification Under Local Rules 7.4(b) and (e), #3 Declaration of Michael Lane)(Kugle, Gregory) |
| Filing 41 REQUEST Judicial Notice in Support of Defendants GoJump America, LLC, GoJump Hawaii, LLC, and Michael Vetter's Motion to Dismiss by GoJump America, LLC, GoJump Hawaii LLC, Michael Vetter. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kugle, Gregory) |
| Filing 40 Corporate Disclosure Statement by GoJump Hawaii LLC. (Kugle, Gregory) |
| Filing 39 Corporate Disclosure Statement by GoJump America, LLC. (Kugle, Gregory) |
| Filing 38 MEMORANDUM in Opposition re #35 Ex Parte MOTION to Seal Document DEFENDANTS SKY-MED, INC. AND GUY BANALS EX PARTE MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by Skydiving School, Inc.. (Attachments: #1 Certificate of Service)(Pettit, Ted) |
| Filing 37 NOTICE of Hearing on #17 Plaintiff's Motion for Preliminary Injunction and #36 Defendants Sky-Med, Inc. and Guy Banal's Pre-Answer Motion to Dismiss Complaint Filed on July 13, 2023 is set for 10/12/2023 at 10:00 AM in Aha Kupono before CHIEF JUDGE DERRICK K. WATSON. Briefing on the motions shall be in accordance with Local Rule 7.2. (tyk) |
| Filing 36 NOTICE of Dismissal of Complaint Defendants Sky-Med, Inc. and Guy Banal's Pre-Answer MOTION to Dismiss Complaint Filed on July 13, 2023 - by Sky-Med, Inc. and Guy Banal (Attachments: #1 MEMORANDUM IN SUPPORT OF MOTION TO DISMISS, #2 DECLARATION OF DENNIS W. KING, #3 EXHIBIT A, #4 EXHIBIT B, #5 EXHIBIT C, #6 EXHIBIT D, #7 EXHIBIT E, #8EXHIBIT F, #9 EXHIBIT G, #10 EXHIBIT H, #11 EXHIBIT I, #12 EXHIBIT J, #13 EXHIBIT K, #14 CERTIFICATE OF SERVICE)(King, Dennis) Modified on 8/22/2023 to correct filing event (eta). |
| Filing 35 Ex Parte MOTION to Seal Document DEFENDANTS SKY-MED, INC. AND GUY BANALS EX PARTE MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL Dennis W. King appearing for Defendants Guy Banal, Sky-Med, Inc. (Attachments: #1 Declaration of Dennis W. King, #2 Exhibit K, #3 Proposed Order, #4 Certificate of Service)(King, Dennis) |
| Filing 34 EO: For good cause shown, the Court GRANTS Plaintiff's request to continue the Telephonic Rule 16 Scheduling Conference. Therefore, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 9/11/2023 to 9/18/2023 at 9:00 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
Filing 32
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MICHAEL LANE, ESQ. re #31 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/9/2023. (eta)
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| Filing 31 MOTION for Pro Hac Vice regarding Michael Lane Filing fee $ 300, receipt number AHIDC-2877846.Gregory W. Kugle appearing for Defendants GoJump America, LLC, GoJump Hawaii LLC, Michael Vetter (Kugle, Gregory) |
| Filing 30 FIRST STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT BETWEEN SKYDIVING SCHOOL, INC. DBA SKYDIVE HAWAII AND DEFENDANTS GOJUMP AMERICA, LLC, GOJUMP HAWAII, LLC AND MICHAEL VETTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 8/1/2023. GoJump America, LLC answer due 8/25/2023; GoJump Hawaii LLC answer due 8/25/2023; Michael Vetter answer due 8/25/2023. (eta) |
| Filing 29 NOTICE of Appearance by Jonathan Niichi Marchuk and Gregory K. Kugle on behalf of GoJump America, LLC, GoJump Hawaii LLC, Michael Vetter on behalf of GoJump America, LLC, GoJump Hawaii LLC, Michael Vetter. (Attachments: #1 Certificate of Service)(Marchuk, Jonathan) Modified on 8/3/2023 (eta). |
| Filing 28 SUMMONS Returned Executed by Skydiving School, Inc.. Sky-Med, Inc. served on 7/29/2023. (Pettit, Ted) |
| Filing 27 SUMMONS Returned Executed by Skydiving School, Inc.. Guy Banal served on 7/29/2023. (Pettit, Ted) |
| Filing 26 Summons Returned Unexecuted by Skydiving School, Inc. as to Michael Vetter. (Pettit, Ted) |
| Filing 25 SUMMONS Returned Executed by Skydiving School, Inc.. GoJump America, LLC served on 7/20/2023. (Pettit, Ted) |
| Filing 24 SUMMONS Returned Executed by Skydiving School, Inc.. GoJump Hawaii LLC served on 7/19/2023. (Pettit, Ted) |
| Filing 23 SUMMONS Returned Executed by Skydiving School, Inc.. GoJump America, LLC served on 7/18/2023. (Pettit, Ted) |
| Filing 22 NOTICE (Report on the Filing or Determination of an Action Regarding a Patent or Trademark) by Skydiving School, Inc. Skydiving School, Inc.. (Zalewski, John) Modified on 7/20/2023 (eta). |
| Filing 21 CERTIFICATE OF SERVICE by Skydiving School, Inc. CERTIFICATE OF SERVICE RE:AO 120 REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK (Zalewski, John) |
| Filing 20 EO: On July 14, 2023, a day after initiating this action with the filing of a Complaint, Plaintiff Skydiving School, Inc. filed a motion for preliminary injunction. Dkt. No. #17 . At this early juncture in the case, however, none of the named Defendants have appeared in this action and it appears that none have been served with, inter alia, a copy of the summons and Complaint or waived service of the same. As a result, before setting a briefing schedule with respect to the motion for preliminary injunction, Plaintiff shall file proof of service or waiver of the same as to each named Defendant, as well as proof of service of the motion for preliminary injunction. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk) |
| Filing 19 TRANSMITTAL of DOCUMENTS: Plaintiff's Counsel, please complete the attached AO 120 Report on the Filing or Determination of an Action Regarding a Patent or Trademark. For e-filing purposes, please select the filing event "Notice (Other)". The Clerk's Office will transmit the AO 120 Report to the Director. (eta) |
| Filing 18 Additional Exhibits (Exhibits 21-39) to #17 MOTION for Preliminary Injunction filed by Skydiving School, Inc.. (Attachments: #1 Exhibit 22, #2 Exhibit 23, #3 Exhibit 24, #4 Exhibit 25, #5 Exhibit 26, #6 Exhibit 27, #7 Exhibit 28, #8 Exhibit 29, #9 Exhibit 30, #10 Exhibit 31, #11 Exhibit 32, #12 Exhibit 33, #13 Exhibit 34, #14 Exhibit 35, #15 Exhibit 36, #16 Exhibit 37, #17 Exhibit 38, #18 Exhibit 39, #19 Supplement Certificate of Compliance, #20 Certificate of Service)(Zalewski, John) Modified on 7/17/2023 (eta). |
| Filing 17 MOTION for Preliminary Injunction John D. Zalewski appearing for Plaintiff Skydiving School, Inc. (Attachments: #1 Memorandum Memorandum In Support of Motion, #2 Declaration Declaration of Frank M. Hinshaw, #3 Declaration Declaration of Frank T.K. Hinshaw, #4 Declaration Declaration of Cynthia R. Cohen PH.D, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20)(Zalewski, John) |
| Filing 16 Corporate Disclosure Statement by Skydiving School, Inc. identifying Corporate Parent Skydiving School, Inc. for Skydiving School, Inc... (Attachments: #1 Certificate of Service)(Zalewski, John) |
| Filing 15 Summons Issued as to Michael Vetter. (jni) |
| Filing 14 Summons Issued as to Guy Banal. (jni) |
| Filing 13 Summons Issued as to GoJump America, LLC. (jni) |
| Filing 12 Summons Issued as to GoJump Hawaii LLC. (jni) |
| Filing 11 Summons Issued as to Sky-Med, Inc. (jni) |
| Filing 10 Notice to Parties RE: Corporate Disclosure Statements Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (jni) |
| Filing 9 CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni) |
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Filing 8
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 9/11/2023 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 7/13/2023. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT.(jni)
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| Filing 7 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00292 DKW-WRP on all further pleadings. (jni) |
| Filing 6 Summons (Proposed) (Zalewski, John) |
| Filing 5 Summons (Proposed) (Zalewski, John) |
| Filing 4 Summons (Proposed) (Zalewski, John) |
| Filing 3 Summons (Proposed) (Zalewski, John) |
| Filing 2 Summons (Proposed) (Zalewski, John) |
| Filing 1 COMPLAINT for Trademark Infringment, Injunctive Relief, and Monetary Damages against All Defendants ( Filing fee $ 402 receipt number AHIDC-2865831.), filed by Skydiving School, Inc.. (Attachments: #1 Civil Cover Sheet)(Zalewski, John) Modified on 7/13/2023 (jni) |
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