Modern Vascular LLC v. Golewale et al
| Modern Vascular LLC |
| Nazar Golewale, Unknown Golewale and Modern Vascular and Vein Center LLC |
| 2:2020cv00236 |
| June 19, 2020 |
| US District Court for the Northern District of Indiana |
| John E Martin |
| Philip P Simon |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on June 2, 2021. A more recent docket listing may be available from PACER.
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Filing 53
DISMISSAL ORDER: The Parties' Stipulation of Dismissal with Prejudice #52 is GRANTED. This action is DISMISSED WITH PREJUDICE. Each party to bear its own fees and costs. The Clerk is directed to close this case. Signed by Judge Philip P Simon on 6/2/2021. (lhc)
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| Filing 52 STIPULATION to Dismiss by Plaintiff Modern Vascular LLC. (Brousseau PHV, Jacqueline) |
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Filing 51
ORDER granting #50 Motion for Extension of Time to Answer. Modern Vascular LLC answer due 5/24/2021. Approved by Magistrate Judge John E Martin on 4/29/2021. No pdf attached.(cp)
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| Filing 50 MOTION for Extension of Time to File Answer re #47 Answer to Amended Complaint, Counterclaim (Agreed) by Plaintiff Modern Vascular LLC. (Brousseau PHV, Jacqueline) |
| Filing 49 NOTICE: Due to the backlog of criminal cases caused by the pandemic, it is unlikely that the assigned district judge will schedule a trial date for this Hammond civil case until 2022 at the earliest. One or more parties previously declined to consent to the magistrate judge who was assigned this case for scheduling purposes before the close of discovery. The parties now have a second opportunity to consent to a Hammond magistrate judge for trial purposes. Rather than the previous random assignment of a magistrate judge, the parties can select which magistrate judge (Magistrate Judges John Martin, Joshua Kolar or Andrew Rodovich) they prefer to hear this case. All parties must agree on which magistrate judge will hear the case and file an Agreed Notice. Only one Agreed Notice should be filed for all parties in this case. Absent an agreement, the case will remain on the docket of the district judge. (ksc) |
| Filing 48 Agreed NOTICE of Extension of Time to File Answer re #47 Amended Complaint and Counterclaim. Counter Defendant Modern Vascular LLC's answer due 4/26/21. (Brousseau PHV, Jacqueline) Modified on 3/30/2021 to update docket text and term motion. (nal) |
| Filing 47 ANSWER to #45 Amended Complaint and Jury Demand, COUNTERCLAIM against Modern Vascular LLC by Modern Vascular and Vein Center LLC, Nazar Golewale.(Stein, Alon) |
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Filing 46
ORDER: The Court hereby GRANTS the Joint Status Report and Motion to Set Answer Deadline and to Extend Scheduling Deadlines #44 , ACCEPTS the filing of the Amended Complaint, and ORDERS: The deadline for Defendants to respond to the Amended Complaint is 3/8/2021; The deadline for Plaintiff to provide expert witness disclosures and reports to Defendants is extended to 6/7/2021; The deadline for Defendants to provide expert witness disclosures and reports to Plaintiff is extended to 7/27/2021; The deadline for providing Rule 26(e) supplements is extended to 8/30/2021; and The fact discovery deadline and expert discovery deadline are extended to 8/30/2021. Signed by Magistrate Judge John E Martin on 2/8/2021. (bas)
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| Filing 45 AMENDED COMPLAINT against Nazar Golewale, Modern Vascular and Vein Center LLC, filed by Modern Vascular LLC. (Attachments: #1 Exhibit)(Brousseau PHV, Jacqueline) |
| Filing 44 MOTION for Extension of Time to File Answer and to Extend Deadlines and Joint Status Report by Plaintiff Modern Vascular LLC. (Brousseau PHV, Jacqueline) |
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Filing 43
ORDER The parties are ORDERED to file a Joint Status Report on or before February 11, 2021 or this case will be dismissed for want of prosecution. Signed by Judge Philip P Simon on 2/1/21. (kjp)
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Filing 42
ORDER: The Agreed Motion to Grant Motion to Dismiss as to Jane Doe Golewale is GRANTED. The Agreed Motion is construed in part as a stipulation of dismissal as to Defendant Jane Doe Golewale, and the action is DISMISSED WITH PREJUDICE as to Defendant Jane Doe Golewale. Each party to bear its own costs. This case remains pending against all other defendants. The Motion to Dismiss #21 is DENIED AS MOOT. Plaintiff has until 01/15/2021 to file an amended complaint. Signed by Judge Philip P Simon on 12/01/2020. (jat)
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| Filing 41 MOTION for Extension of Time to File AMENDMENTS TO THE PLEADINGS BY 45 DAYS AND AGREED MOTION FOR THIS COURT TO RULE ON PENDING MOTION TO DISMISS TO ALLOW PLAINTIFF TO FILE AMENDED COMPLAINT AND FOR DEFENDANTS TO ANSWER, AND AGREED MOTION TO GRANT MOTION TO DISMISS AS TO JANE DOE GOLEWALE by Defendant Nazar Golewale. (Attachments: #1 Exhibit Proposed Order)(Stein, Alon) |
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Filing 40
ORDER GRANTING #39 MOTION to Withdraw as Attorney, filed by Modern Vascular LLC. The appearance of Attorney Adam C. Anderson on behalf of Plaintiff Modern Vascular, LLC, is hereby WITHDRAWN. Signed by Magistrate Judge John E Martin on 9/22/2020. (cc: Attorney, Adam Christian Anderson)(mrm)
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| Filing 39 MOTION to Withdraw as Counsel of Record by Atty Adam C Anderson for Plaintiff, Modern Vascular LLC. (kjp) |
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Filing 38
ORDER: The Court hereby ORDERS: Rule 26(a)(1) initial exchanges must be completed by 10/30/2020; The deadline for either party to seek leave to amend the pleadings is 11/30/2020; The deadline to complete all fact discovery and all expert discovery is 5/29/2021; Plaintiff's expert witness disclosures and reports are to be provided to Defendants by 3/27/2021; Defendants' expert witness disclosures and reports are to be provided to Plaintiff by 4/27/2021; Rule 26(e) supplements are due by 5/29/2021; All other dates and deadlines in the parties' planning report through the close of discovery are approved and adopted herein; The summary judgment deadline per Federal Rule of Procedure 56 shall not apply, and deadlines for dispositive motions and trial-related deadlines will be set by the presiding judge at a later date; The use of a judicial officer is not part of the alternative dispute resolution process in this Court, so a settlement conference may be conducted by a judicial officer only after alternative dispute resolution has been used and has failed or if there exists good cause to not use alternative dispute resolution and the good cause is established by specific findings of the Court made on the record. N.D. Ind. L.R. 16-6(d); General Order 2003-21 (N.D. Ind. July 9, 2003). The parties are ordered to conduct mediation or file a motion for relief from that requirement. The deadline for the parties to select a mediator is 11/30/2020, and mediation must be completed and a report filed by 5/29/2021; and The deadline for parties to exercise their right to the jurisdiction of a United States Magistrate Judge is extended to 9/30/2020. Since the scheduling order has now issued, the Court VACATES the Preliminary Pretrial Conference currently scheduled for 9/10/2020. Signed by Magistrate Judge John E Martin on 9/9/2020. (Copy mailed to Attorney Anderson) (bas) Modified on 9/9/2020 (bas).
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| Filing 37 REPORT of Rule 26(f) Planning Meeting. (Brousseau PHV, Jacqueline) |
| Filing 36 MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (smb) |
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Filing 35
ORDER & NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 9/10/2020 10:30 AM Central before Magistrate Judge John E Martin. Parties are to call in on the Court's AT&T conference line as referenced in the attached order. Proposed joint discovery plan in accordance with FRCP 26(f) due by 9/4/2020. Signed by Magistrate Judge John E Martin on 8/11/2020. (smb)
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Filing 34
ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 8/11/2020. (smb)
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Filing 33
ORDER granting #32 Application to Appear Pro Hac Vice of Attorney Jacqueline V Brousseau PHV for Modern Vascular LLC. Signed by Magistrate Judge John E Martin on 7/28/2020. (ace)
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| Filing 32 Application for Attorney Jacqueline V. Brousseau to Appear Pro Hac Vice on behalf of Modern Vascular LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4291405(Pro Hac Vice Temporary login, ) |
| Filing 31 NOTICE of Appearance by Alon Stein on behalf of Nazar Golewale, Modern Vascular and Vein Center LLC (Stein, Alon) |
| Filing 30 Case transferred in from District of Arizona; Case Number 2:20-cv-00081. Original file certified copy of transfer order and docket sheet received. |
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Filing 29
ORDER - Defendant's Motion to Dismiss (doc. #21 ) is granted. This case be transferred to the United States District Court for the Northern District of Indiana. Signed by Magistrate Judge John Z Boyle on 6/17/20. (EJA) [Transferred from Arizona on 6/19/2020.]
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| Filing 28 REPLY to Response to Motion re: #21 MOTION to Dismiss for Lack of Jurisdiction and in the alternative Rule 12(b)(6) and 9(b)MOTION to Dismiss for Failure to State a Claim filed by Nazar Golewale, Unknown Golewale, Modern Vascular and Vein Center LLC. (Attachments: #1 Exhibit Exhibit A, Affidavit (Declaration) of Nazar Golewale, #2 Exhibit Exhibit B, Nobility Management, California Secretary of State Filing 2019, #3 Exhibit Exhibit C, Nobility Management, California Secretary of State Filing 2017, #4 Exhibit Exhibit D, Letter to Nobilitymail.com)(Stein, Alon) [Transferred from Arizona on 6/19/2020.] |
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Filing 27
ORDER: The parties' Stipulation #26 is granted. Defendant shall file his reply to the Motion to Dismiss #21 on or before April 28, 2020. Signed by Magistrate Judge John Z Boyle on 3/30/2020. (REK) [Transferred from Arizona on 6/19/2020.]
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| Filing 26 STIPULATION re: #25 Response to Motion to Dismiss for Lack of Jurisdiction, #21 MOTION to Dismiss for Lack of Jurisdiction and in the alternative Rule 12(b)(6) and 9(b)MOTION to Dismiss for Failure to State a Claim Extending time to File Reply Brief to April 28, 2020 (First Stipulation as to Reply Brief) by Nazar Golewale, Unknown Golewale, Modern Vascular and Vein Center LLC. (Stein, Alon) [Transferred from Arizona on 6/19/2020.] |
| Filing 25 RESPONSE to Motion re: #21 MOTION to Dismiss for Lack of Jurisdiction and in the alternative Rule 12(b)(6) and 9(b) filed by Modern Vascular LLC. (Anderson, Adam) [Transferred from Arizona on 6/19/2020.] |
| Filing 23 Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge John Z Boyle conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 6/19/2020.] |
| Filing 24 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 6/19/2020.] |
| Filing 21 *MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Nazar Golewale, Unknown Golewale, Modern Vascular and Vein Center LLC. (Attachments: #1 Exhibit Affidavit)(Stein, Alon). *Added MOTION to Dismiss for Failure to State a Claim on 3/23/2020 (REK). [Transferred from Arizona on 6/19/2020.] |
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Filing 20
ORDER: The #11 "Motion to Extend Time to File Responsive Pleading") is granted. Defendants shall have up to, and including, February 21, 2020 to file an answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge John Z Boyle on 2/11/20. (GMP) [Transferred from Arizona on 6/19/2020.]
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| Filing 19 MINUTE ORDER: That counsel having complied with this Court's Order, the Order to Show Cause Hearing scheduled for February 18, 2020 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 6/19/2020.] |
| Filing 18 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 6/19/2020.] |
| Filing 17 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 6/19/2020.] |
| Filing 16 Magistrate Election Form Deadline set as to Nazar Golewale, Unknown Golewale, Modern Vascular and Vein Center LLC. (Attachments: #1 Consent Form)(MAP) [Transferred from Arizona on 6/19/2020.] |
| Filing 15 SUPPLEMENT LRCiv 7.3(a) STATEMENT THAT MOTION TO EXTEND TIME TO FILE RESPONSIVE PLEADING WAS THE FIRST REQUEST re: #11 MOTION for Extension of Time to File Answer by Defendants Nazar Golewale, Unknown Golewale, Modern Vascular and Vein Center LLC. (Stein, Alon) [Transferred from Arizona on 6/19/2020.] |
| Filing 14 SUPPLEMENT Supplement to Appearance re: #10 Notice of Attorney Appearance/Substitution - USA by Defendants Nazar Golewale, Unknown Golewale, Modern Vascular and Vein Center LLC. (Stein, Alon) [Transferred from Arizona on 6/19/2020.] |
| Filing 12 NOTICE TO FILER OF DEFICIENCY re: #11 MOTION for Extension of Time to File Answer filed by Unknown Golewale, Nazar Golewale, Modern Vascular and Vein Center LLC, #10 Notice of Attorney Appearance/Substitution - USA filed by Unknown Golewale, Nazar Golewale, Modern Vascular and Vein Center LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) [Transferred from Arizona on 6/19/2020.] |
| Filing 11 *MOTION for Extension of Time to File Answer by Nazar Golewale, Unknown Golewale, Modern Vascular and Vein Center LLC. (Attachments: #1 Exhibit Confirmation E-mail)(Stein, Alon) *Modified to correct motion type on 2/7/2020 (REK). [Transferred from Arizona on 6/19/2020.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE: Alon Stein appearing for Nazar Golewale, Unknown Golewale, Modern Vascular and Vein Center LLC. . (Stein, Alon) [Transferred from Arizona on 6/19/2020.] |
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Filing 9
Order that Modern Vascular LLC show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 2/18/2020 at 04:30 PM before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP) [Transferred from Arizona on 6/19/2020.]
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| Filing 8 NOTICE of Filing - Copyright, Trademark or Patent Information filed by Modern Vascular LLC. (Anderson, Adam) [Transferred from Arizona on 6/19/2020.] |
| Filing 7 MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading (Attachments: #1 AO 121)(MYE) [Transferred from Arizona on 6/19/2020.] |
| Filing 6 Corporate Disclosure Statement by Modern Vascular LLC. (Anderson, Adam) [Transferred from Arizona on 6/19/2020.] |
| Filing 5 Summons Issued as to Nazar Golewale, Unknown Golewale, and Modern Vascular and Vein Center LLC. (Attachments: #1 Summons, #2 Summons)(MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 6/19/2020.] |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MYE) [Transferred from Arizona on 6/19/2020.] |
| Filing 3 Filing fee paid, receipt number 0970-17828860. This case has been assigned to the Honorable John Z Boyle. All future pleadings or documents should bear the correct case number: CV-20-81-PHX-JZB. Magistrate Election form attached. (MYE) [Transferred from Arizona on 6/19/2020.] |
| Filing 2 SUMMONS Submitted by Modern Vascular LLC. (Anderson, Adam) (Attachments: #1 Summons, #2 Summons)(MYE) [Transferred from Arizona on 6/19/2020.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17828860 filed by Modern Vascular LLC. (Anderson, Adam) (Attachments: #1 Civil Cover Sheet)(MYE) [Transferred from Arizona on 6/19/2020.] |
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