Alani Nutrition, LLC v. Beverage Marketing USA, Inc. et al
| Alani Nutrition, LLC |
| Beverage Marketing USA, Inc. and Arizona Beverage Company, LLC |
| 1:2023cv05008 |
| July 31, 2023 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Jeffrey Cole |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Filing 22 MINUTE entry before the Honorable Jeffrey Cole: Judge Chang has referred the case here for discovery supervision [Dkt#21 ]. The parties have filed a Joint Initial Status Report [Dkt#15 ], in which they make certain proposals regarding discovery. With due regard to those proposals, it seems best in this, as in most other cases, to have a defined discovery schedule. Accordingly, counsel for the parties are to submit a defined fact and expert discovery schedule with specific dates. And while it is laudable and commendable that counsel are engaged in certain preliminary discussions referred to in the status report, it is nonetheless preferable that there be definitive closing dates for discovery established, subject of course to modification, at the outset of the case. Accordingly, counsel shall submit a proposed discovery schedule not later than 10/9/23. If counsel cannot agree on a schedule, they should submit there respective proposed dates in writing to the Court not later than 10/9/23. A video status conference is set for 12/18/23 at 10:30am. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (650) 479-3207, access code 1807229989#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (yt) |
| Filing 21 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery supervision.(lp, )Mailed notice. |
| Filing 20 MINUTE entry before the Honorable Edmond E. Chang: The Defendants' unopposed extension motion to respond to the complaint #19 is granted to 10/03/2023, in light of the active settlement discussions. Mailed notice (lp, ) |
| Filing 19 MOTION by Defendants Arizona Beverage Company, LLC, Beverage Marketing USA, Inc. for extension of time to file response/reply as to complaint #1 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint (Attachments: #1 Text of Proposed Order re Unopposed motion to extend time to respond to complaint)(Rhoades, Alexandria) |
| Filing 18 CERTIFICATE Regarding Lanham Act Mediation Program (Brousseau, Jacqueline) |
| Filing 17 MINUTE entry before the Honorable Edmond E. Chang: The Defendants' unopposed extension motion 13 to respond to the complaint is granted to 09/26/2023. On review of the status report, R. 15, Rule 26(a)(1) disclosures are due on 10/05/2023. Rule 16(b) deadline to add parties or to amend pleadings is 01/16/2024. The parties are strongly encouraged to continue their settlement negotiations. In any event, discovery supervision is referred to the magistrate judge (including the authority to adjust all deadlines). The tracking status hearing of 09/29/2023 for Judge Chang is reset to 11/24/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice (lp, ) |
| Filing 16 CERTIFICATE Certification Regarding Lanham Act Mediation Program (Rhoades, Alexandria) |
| Filing 15 STATUS Report Joint Initial Status Report by Arizona Beverage Company, LLC, Beverage Marketing USA, Inc. (Rhoades, Alexandria) |
| Filing 14 ATTORNEY Appearance for Defendants Arizona Beverage Company, LLC, Beverage Marketing USA, Inc. by Martin R. Martos, II (Martos, Martin) |
| Filing 13 MOTION by Defendants Arizona Beverage Company, LLC, Beverage Marketing USA, Inc. for extension of time to file response/reply as to complaint #1 Agreed Motion for Extension of Time for Defendants to Respond to Plaintiff's Complaint (Attachments: #1 Text of Proposed Order re - Agreed motion to extend time)(Rhoades, Alexandria) |
| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: The Defendants' unopposed extension motion to respond to the complaint #11 is granted to 09/18/2023. Emailed notice (mw, ) |
| Filing 11 MOTION by Defendants Arizona Beverage Company, LLC, Beverage Marketing USA, Inc. for extension of time to file response/reply as to complaint #1 Agreed Motion for Initial Extension of Time for Defendants to Respond to Plaintiff's Complaint (Attachments: #1 Text of Proposed Order Text of Proposed Order re - Agreed Motion to Extend Time)(Rhoades, Alexandria) |
| Filing 10 ATTORNEY Appearance for Defendants Arizona Beverage Company, LLC, Beverage Marketing USA, Inc. by Alexandria Austin Rhoades (Rhoades, Alexandria) |
| Filing 9 SUMMONS Returned Executed by Alani Nutrition, LLC as to Beverage Marketing USA, Inc. on 8/15/2023, answer due 9/5/2023. (Finn, Herbert) |
| Filing 8 SUMMONS Returned Executed by Alani Nutrition, LLC as to Arizona Beverage Company, LLC on 8/14/2023, answer due 9/4/2023. (Finn, Herbert) |
| SUMMONS Issued as to Defendants Arizona Beverage Company, LLC, Beverage Marketing USA, Inc. (mek) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 09/29/2023 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 09/21/2023. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 6 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (nsf, ) |
| Filing 5 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (nsf, ) |
| 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. (gmm) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (gmm) |
| Filing 4 ATTORNEY Appearance for Plaintiff Alani Nutrition, LLC by Jacqueline Victoria Brousseau (Brousseau, Jacqueline) |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Alani Nutrition, LLC (Finn, Herbert) |
| Filing 2 ATTORNEY Appearance for Plaintiff Alani Nutrition, LLC by Herbert H. Finn (Finn, Herbert) |
| Filing 1 COMPLAINT filed by Alani Nutrition, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20882638. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Finn, Herbert) |
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