Vital Proteins LLC v. Ancient Brands, LLC
| Ancient Brands, LLC doing business as Ancient Nutrition |
| Vital Proteins LLC |
| Ancient Brands, LLC |
| 1:2022cv02265 |
| April 29, 2022 |
| US District Court for the Northern District of Illinois |
| Jeffrey Cummings |
| John J Tharp |
| Other Statutory Actions |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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Filing 41
MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' initial joint status report #40 . The parties have issued written discovery requests and are awaiting responses. The parties are reminded of their duty to fully exhaust their meet and confer efforts under Local Rule 37.2 before filing any discovery motions with the Court. All fact discovery shall be completed by 8/31/23. Expert discovery deadlines and dispositive motion deadlines will be set at a later date. The parties are advised that they may contact this Court's courtroom deputy if at any time they are mutually interested in scheduling a settlement conference with the Court. By 3/14/23, the parties shall file a joint status report setting forth what additional discovery has been completed, what discovery remains (including the schedule for any depositions), and whether any discovery disputes require the Court's attention. Mailed notice (cc, )
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Filing 40
STATUS Report Joint Initial Status Report to Judge Cummings by Vital Proteins LLC (Nieland, Andrew)
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Filing 39
ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by Ancient Brands, LLC against Vital Proteins LLC . by Ancient Brands, LLC(Borden, Matthew)
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Filing 38
MINUTE entry before the Honorable John J. Tharp, Jr:The defendant's unopposed motion for extension of time to respond to the plaintiff's complaint #37 is granted. The defendant's answer or other responsive pleading is due today, 1/26/23. Mailed notice (air, )
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Filing 37
MOTION by Defendant Ancient Brands, LLC for extension of time to file answer to Complaint (Borden, Matthew)
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Filing 36
AGREED CONFIDENTIALITY Order Signed by the Honorable Jeffrey Cummings on 1/23/2023. Mailed notice(cc, )
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Filing 35
MINUTE entry before the Honorable Jeffrey Cummings: The parties' agreed motion for entry of confidentiality order #33 is granted. The 1/26/23 motion hearing is stricken; no appearance is necessary on that date. Enter Agreed Confidentiality Order. Mailed notice (cc, )
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Filing 34
NOTICE of Motion by Andrew E. Nieland for presentment of motion for miscellaneous relief #33 before Honorable Jeffrey Cummings on 1/26/2023 at 10:00 AM. (Nieland, Andrew)
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Filing 33
MOTION by Plaintiff Vital Proteins LLC For Entry of Agreed Confidentiality Order (Joint) (Nieland, Andrew)
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Filing 32
MINUTE entry before the Honorable Jeffrey Cummings: This case has been referred for discovery scheduling, discovery supervision, and settlement #26 . The Court has reviewed the parties' latest joint status report #23 and the District Court Judge's order #25 denying defendant's motion to dismiss. On or before 1/27/23, the parties shall meet and confer and shall file a joint status report setting forth an updated, proposed discovery schedule. The parties are advised that they may contact this Court's courtroom deputy if at any point they are mutually interested in scheduling a settlement conference with the Court.. Mailed notice (cc, )
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Filing 31
ATTORNEY Appearance for Defendant Ancient Brands, LLC by David Howard Kwasniewski (Kwasniewski, David)
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Filing 30
ATTORNEY Appearance for Defendant Ancient Brands, LLC by Tracy Olivia Zinsou (Zinsou, Tracy)
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Filing 29
MINUTE entry before the Honorable John J. Tharp, Jr:Attorney David Kwasniewski's motion for leave to appear pro hac vice #27 is granted. Attorney Tracy Zinsou's motion for leave to appear pro hac vice #28 is also granted. They are directed to file their appearances on the record. Mailed notice (air, )
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Filing 28
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number BILNDC-20231853. (Zinsou, Tracy)
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Filing 27
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20231830. (Kwasniewski, David)
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Filing 26
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cummings for the purpose of holding proceedings related to: discovery scheduling, supervision and any settlement conference.(air, )Mailed notice.
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Filing 25
ORDER Signed by the Honorable John J. Tharp, Jr on 1/11/2023: For the reasons set forth in the Statement below, the defendant's motion to dismiss for lackof standing and for failure to state a claim #14 is denied. Defendant is directed to answer the complaint by January 25, 2023. This case is referred to the assigned Magistrate Judge for all discovery scheduling and supervision, as well as any settlement conference the parties may jointly seek. Mailed notice(air, )
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Filing 24
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 23
STATUS Report Joint Initial by Vital Proteins LLC (Blythe, Russell)
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Filing 22
MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 11/7/2022. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, )
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Filing 21
REPLY by Ancient Brands, LLC to memorandum in opposition to motion #20 (Borden, Matthew)
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Filing 20
MEMORANDUM by Vital Proteins LLC in Opposition to Motion to Dismiss for Failure to State a Claim #14 (Kiser, Livia)
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Filing 19
ATTORNEY Appearance for Defendant Ancient Brands, LLC by John E. Bucheit (Bucheit, John)
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Filing 18
ATTORNEY Appearance for Defendant Ancient Brands, LLC by Todd Clark Jacobs (Jacobs, Todd)
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Filing 17
MINUTE entry before the Honorable John J. Tharp, Jr:The motion to dismiss #14 is taken under advisement. Plaintiff's response is due 8/1/22; defendant's reply due 8/29/22. Defendant's counsel's motion for leave to appear pro hac vice #13 is granted. Mailed notice (air, )
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Filing 16
DECLARATION regarding Motion to Dismiss for Failure to State a Claim #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Borden, Matthew)
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Filing 15
MEMORANDUM by Ancient Brands, LLC in support of Motion to Dismiss for Failure to State a Claim #14 (Borden, Matthew)
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Filing 14
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ancient Brands, LLC (Borden, Matthew)
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Filing 13
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19599947. (Borden, Matthew)
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Filing 12
MINUTE entry before the Honorable John J. Tharp, Jr:The defendant's unopposed motion for extension #11 is granted. The answer or other response to the complaint is due on 6/25/22. Mailed notice (air, )
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Filing 11
MOTION by Defendant Ancient Brands, LLC for extension of time to respond to Complaint (Curran, Douglas)
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Filing 10
ATTORNEY Appearance for Defendant Ancient Brands, LLC by Douglas Sleater Curran (Curran, Douglas)
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Filing 9
MINUTE entry before the Honorable John J. Tharp, Jr:The motions for leave to appear pro hac vice #6 #7 are granted. Mailed notice (air, )
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Filing 8
AFFIDAVIT of Service filed by Plaintiff Vital Proteins LLC regarding Summons, Complaint, Civil Cover Sheet served on Ancient Brands, LLC d/b/a Ancient Nutrition on May 5, 2022 (Attachments: #1 Affidavit of Service)(Kiser, Livia)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19455683. (Colin, Lena)
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Filing 6
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19448372. (Blythe, Russell)
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SUMMONS Issued as to Defendant Ancient Brands, LLC (dxb, )
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CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (jxj, )
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jxj, )
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Filing 5
ATTORNEY Appearance for Plaintiff Vital Proteins LLC by Andrew E. Nieland (Nieland, Andrew)
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Filing 4
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Vital Proteins LLC (Kiser, Livia)
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Filing 3
ATTORNEY Appearance for Plaintiff Vital Proteins LLC by Livia McCammon Kiser (Kiser, Livia)
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Filing 2
CIVIL Cover Sheet (Kiser, Livia)
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Filing 1
COMPLAINT filed by Vital Proteins LLC; Jury Demand. Filing fee $ 402, receipt number 0752-19391899.(Kiser, Livia)
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