Nustar Enterprises LLC v. Reloaded Merch LLC, et al.
| Nustar Enterprises, LLC |
| Reloaded Merch, LLC and Bill Omar Carrasquillo |
| Keith Norvell Carter, Jr. |
| 2:2022cv00080 |
| April 1, 2022 |
| US District Court for the Northern District of Indiana |
| John E Martin |
| Philip P Simon |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
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Filing 62
ORDER: This action, including all remaining claims and counterclaims, is DISMISSED WITH PREJUDICE, all parties bearing their own costs and attorneys' fees. By the stipulated dismissal, this case is CLOSED. Signed by Judge Philip P Simon on 1/27/2023. (ash)
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| Filing 61 Joint STIPULATION to Dismiss Stipulation of Dismissal by Plaintiff Nustar Enterprises, LLC, Counter Defendants Nustar Enterprises, LLC, Keith Norvell Carter, Jr.. (Karnik, Sanjay) |
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Filing 60
ORDER re #59 Notice of Settlement. Based on the courts understanding that all claims are being settled, plaintiff Nustar Enterprises counsel shall file, within thirty (30) days of the date of this order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a motion for the entry of a consent judgment. Within that 30-day period, all other pending deadlines will be stayed. Signed by Judge Philip P Simon on 12/28/22. (mlc)
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| Filing 59 NOTICE of Settlement in Principle and Joint Request for Stay by Keith Norvell Carter, Jr., Nustar Enterprises, LLC (Attachments: #1 Proposed Order - Notice of Settlement in Principle and Joint Request for Stay)(Karnik, Sanjay) |
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Filing 58
ORDER: The parties' Stipulation #57 is SO ORDERED. The Motion to Dismiss Counterclaims Against Keith Norvell Carter, Jr. #54 is DENIED AS MOOT. NuStar and Carter's time to respond to the First Amended Counterclaims is extended from 12/21/2022 to 12/23/2022. Signed by Judge Philip P Simon on 12/14/2022. (ash)
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| Filing 57 STIPULATION re #56 Amended Answer to Complaint, Counterclaim, #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counterclaims against Keith Norvell Carter, Jr. by Defendants Bill Omar Carrasquillo, Reloaded Merch, LLC, Counter Claimants Bill Omar Carrasquillo, Reloaded Merch, LLC. (Axenfeld PHV, Robert) |
| Filing 56 AMENDED ANSWER to #1 Complaint First, Amended COUNTERCLAIM and Request for Injunction against Keith Norvell Carter, Jr., Nustar Enterprises, LLC by Bill Omar Carrasquillo, Reloaded Merch, LLC. (Axenfeld PHV, Robert) |
| Filing 55 Counter-Defendant NuStar Enterprises LLC's Answer to Counterclaims ANSWER to #50 Answer to Complaint,, Counterclaim, by Nustar Enterprises, LLC.(Karnik, Sanjay) |
| Filing 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counterclaims against Keith Norvell Carter, Jr. by Counter Defendants Keith Norvell Carter, Jr., Nustar Enterprises, LLC. (Attachments: #1 Memorandum in Support of Counterclaim-Defendants' Motion to Dismiss Counterclaims Against Keith Norvell Carter, Jr.)(Karnik, Sanjay) |
| Set Deadlines/Hearings: per #53 Keith Norvell Carter, Jr. answer to counterclaim due 11/25/2022. (rmc) |
| Filing 53 ACKNOWLEDGEMENT OF SERVICE Executed as to #52 Summons Issued, #50 Answer to Complaint,, Counterclaim, Acknowledgement filed by Bill Omar Carrasquillo, Reloaded Merch, LLC. (Axenfeld PHV, Robert) |
| Filing 52 Summons Issued as to Keith Norvell Carter, Jr.. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (mlc) |
| Filing 51 Proposed Summons filed by Bill Omar Carrasquillo, Reloaded Merch, LLC. (Axenfeld PHV, Robert) |
| Filing 50 Amended ANSWER to #1 Complaint, , First COUNTERCLAIM against Keith Norvell Carter, Jr. and against All Plaintiffs by Bill Omar Carrasquillo, Reloaded Merch, LLC.(Axenfeld PHV, Robert) (Added additional counter-defendant. Emailed attorney regarding summons not provided). Modified on 11/3/2022 (shk). |
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Filing 49
ORDER - Rule 26(a)(1) initial exchanges must be completed, but not filed with the Court, by November 9, 2022; Plaintiffs deadline to seek leave to amend the pleadings is December 7, 2022; Defendants deadline to seek leave to amend the pleadings is January 20, 2023; The deadline to complete all fact discovery is June 9, 2023; Expert witness disclosures and reports to be provided by June 14, 2023; Rebuttal expert witness disclosures and reports are to be provided by August 14, 2023; The deadline to complete all expert discovery is September 8, 2023; 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; and The parties are ordered to conduct mediation, the deadline for the parties to select a mediator is January 20, 2023, and mediation must be completed and a report filed by September 8, 2023.Since the scheduling order has now issued, the Court VACATES the Preliminary Pretrial Conference currently scheduled for November 3, 2022. Signed by Magistrate Judge John E Martin on 10/31/22. (mlc)
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| Filing 48 REPORT of Rule 26(f) Planning Meeting. (Karnik, Sanjay) |
| Filing 47 ANSWER to #1 Complaint, by Bill Omar Carrasquillo, Reloaded Merch, LLC.(Axenfeld PHV, Robert) |
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Filing 46
ORDER/SET HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 11/3/2022 11:00 AM Central before Magistrate Judge John E Martin. Parties are instructed to dial 877-873-8017 and enter access code 5155509# when prompted. Parties' proposed joint discovery plan in accordance with FRCP 26(f) due by 10/28/2022. Text entry order. By Magistrate Judge John E Martin on 10/6/2022. (smb)
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Filing 45
ORDER rendering moot #30 Motion to Compel Jurisdictional Discovery for reasons set forth in the attached Order. Signed by Magistrate Judge John E Martin on 10/6/2022. (smb)
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Filing 44
ORDER: The Court STRIKES from the docket Defendants' Answer #43 with leave to re-file a document that complies with the Local Rules on or before 10/12/2022. Signed by Magistrate Judge John E Martin on 10/5/2022. (rmf)
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| Filing 43 **STRICKEN PER ORDER AT DE #44 ** ANSWER to #1 Complaint, by Bill Omar Carrasquillo, Reloaded Merch, LLC.(Axenfeld PHV, Robert) Modified on 10/5/2022 to strike (rmf). |
| Filing 42 REPLY to Response to Motion re #30 MOTION to Compel Jurisdictional Discovery Plaintiff's Response to Defendants' Supplemental Brief (ECF No. 39) filed by Nustar Enterprises, LLC. (Karnik, Sanjay) |
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Filing 41
ORDER GRANTING #38 Motion to Withdraw #18 Motion to Dismiss for Lack of Jurisdiction and improper venue, #20 Memorandum in Support, the previously filed Motion to Dismiss or Transfer #18 is WITHDRAWN. Signed by Judge Philip P Simon on 9/20/2022. (mrm)
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Filing 40
ORDER re #39 Supplement filed by Reloaded Merch, LLC, Bill Omar Carrasquillo. Plaintiff to file a Response on or before 9/27/2022. Text entry order. By Magistrate Judge John E Martin on 9/20/2022. (smb)
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| Filing 39 SUPPLEMENT -Defendants' Supplemental Brief in Opposition to Motion to Compel filed by Bill Omar Carrasquillo, Reloaded Merch, LLC. (Axenfeld PHV, Robert) |
| Filing 38 MOTION to Withdraw #18 MOTION to Dismiss for Lack of Jurisdiction and improper venue, #20 Memorandum in Support, by Defendants Bill Omar Carrasquillo, Reloaded Merch, LLC. (Axenfeld PHV, Robert) |
| Filing 37 REPLY to Response to Motion re #30 MOTION to Compel Jurisdictional Discovery Reply in Support of Plaintiff's Motion to Compel Jurisdictional Discovery filed by Nustar Enterprises, LLC. (Attachments: #1 Ex. A - Plaintiff's Letter of August 24, 2022)(Karnik, Sanjay) |
| Filing 36 RESPONSE to Motion re #30 MOTION to Compel Jurisdictional Discovery -Defendants' Brief in Opposition filed by Bill Omar Carrasquillo, Reloaded Merch, LLC. (Attachments: #1 Affidavit Declaration of Scott Baker and Exhibits A-C)(Axenfeld PHV, Robert) |
| Filing 35 RESPONSE to #34 Supplement filed by Bill Omar Carrasquillo, Reloaded Merch, LLC. (Axenfeld PHV, Robert) Modified on 8/23/2022 (kmt). |
| Filing 34 SUPPLEMENT to #30 MOTION to Compel Jurisdictional Discovery filed by Nustar Enterprises, LLC. (Karnik, Sanjay) |
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Filing 33
ORDER GRANTING, relief different than requested #31 MOTION for Extension of Time to File Response/Reply Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion to Dismiss or Transfer Venue, by Plaintiff Nustar Enterprises, LLC. and ORDERING that briefing on the motion to dismiss #18 is STAYED pending resolution of the motion to compel. Signed by Magistrate Judge John E Martin on 8/16/2022. (mrm)
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| Filing 32 SUPPLEMENT to #30 MOTION to Compel Jurisdictional Discovery filed by Nustar Enterprises, LLC. (Attachments: #1 Ex. A - Defs. email of Aug. 11, 2022, 11:59pm EST)(Karnik, Sanjay) |
| Filing 31 MOTION for Extension of Time to File Response/Reply Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion to Dismiss or Transfer Venue by Plaintiff Nustar Enterprises, LLC. (Karnik, Sanjay) |
| Filing 30 MOTION to Compel Jurisdictional Discovery by Plaintiff Nustar Enterprises, LLC. (Attachments: #1 Index of Exhibits, #2 Declaration of Sanjay S. Karnik, #3 Ex. A - Defs. Responses to Interrogatories, #4 Ex. B - Defs. Responses to Requests for Production of Documents, #5 Ex. C - Defs. Responses to Requests for Admission, #6 Ex. D - Plf. Aug. 1, 2022 Ltr., #7 Ex. E - Defs. Aug. 4, 2022 Ltr., #8 Ex. F - Plf. Aug. 11, 2022 Email, #9 Plaintiff's N.D. Ind. Rule 37-1 Certification)(Karnik, Sanjay) |
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Filing 29
PROTECTIVE ORDER granting #28 Motion for Protective Order. Signed by Magistrate Judge John E Martin on 7/29/2022. (smb)
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| Filing 28 Joint MOTION for Protective Order Joint Motion for Entry of Protective Order by Plaintiff Nustar Enterprises, LLC. (Attachments: #1 Proposed Stipulated Protective Order)(Karnik, Sanjay) |
| Filing 27 NOTICE: Counsel for Bill Omar Carrasquillo, Nustar Enterprises, LLC, and Reloaded Merch, LLC was directed to return the Consent to or Declination of the Exercise of Jurisdiction by a United States Magistrate Judge attached at Docket Entry #16 regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Clerk's Office has not received the form. Bill Omar Carrasquillo, Nustar Enterprises, LLC, Reloaded Merch, LLC shall return the form within 10 days of the date of this entry. If, after the expiration of the 10-day extension set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Counsel also advised of 10-day consent deadline by phone. (shk) |
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Filing 26
ORDER: Plaintiffs Motion for Leave to Conduct Jurisdictional Discovery #24 is GRANTED. Defendants shall RESPOND to Plaintiffs Jurisdictional Discovery Requests to Defendants DE [24-12] no later than 07/29/2022. Plaintiffs Motion for extension of Time to Respond to Defendants Motion to Dismiss or Transfer Venue #25 is GRANTED as follows. Plaintiff shall RESPOND to the pending motion to dismiss within 21 days after receiving defendants jurisdictional discovery responses. Defendants may file a REPLY in support of the motion to dismiss within 7 days thereafter. Signed by Judge Philip P Simon on 06/17/2022. (sej)
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Lack of Jurisdiction and improper venue, #20 Memorandum in Support, Plaintiff's Motion for Extension of Time to Respond to Defendants' Motion to Dismiss or Transfer Venue by Plaintiff Nustar Enterprises, LLC. (Karnik, Sanjay) |
| Filing 24 MOTION for Discovery Plaintiff's Motion for Leave to Conduct Jurisdictional Discovery by Plaintiff Nustar Enterprises, LLC. (Attachments: #1 Index of Exhibits, #2 Declaration of Keith Carter, #3 Carter Decl. Ex. A, #4 Carter Decl. Ex. B, #5 Carter Decl. Ex. C, #6 Declaration of Sanjay S. Karnik, #7 Karnik Decl. Ex. A, #8 Karnik Decl. Ex. B, #9 Karnik Decl. Ex. C, #10 Karnik Decl. Ex. D, #11 Karnik Decl. Ex. E, #12 Karnik Decl. Ex. F)(Karnik, Sanjay) |
| Filing 23 AFFIDAVIT in Support re #18 MOTION to Dismiss for Lack of Jurisdiction and improper venue Supplemental Declaration of Bill Omar Carrasquillo filed by Bill Omar Carrasquillo, Reloaded Merch, LLC. (Axenfeld PHV, Robert) |
| Filing 22 AFFIDAVIT in Support re #18 MOTION to Dismiss for Lack of Jurisdiction and improper venue Declaration of Dmitry Lapin filed by Bill Omar Carrasquillo, Reloaded Merch, LLC. (Axenfeld PHV, Robert) |
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Filing 21
ORDER VACATING the Telephonic Preliminary R16B Pretrial Conference on 6/23/2022 and related deadline of 6/17/2022 for parties' proposed discovery plan to be reset, where necessary, after ruling on Defendants' Motion to Dismiss filed 5/27/2022. Text entry order. By Magistrate Judge John E Martin on 6/1/2022. (smb) Modified on 6/1/2022 to edit text (smb).
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| Filing 20 *WITHDRAWN per DE #41 Order* MEMORANDUM in Support of #18 MOTION to Dismiss for Lack of Jurisdiction and improper venue CORRECTED MEMORANDUM in addition to #19 filed by Bill Omar Carrasquillo, Reloaded Merch, LLC. (Attachments: #1 Affidavit Declaration of Bill Omar Carrasquillo)(Axenfeld PHV, Robert) Modified on 5/31/2022 (nhc) updated docket text to link to DE #19 . Modified on 9/20/2022 to withdraw (mrm). |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction Memorandum Of LAW by Defendants Bill Omar Carrasquillo, Reloaded Merch, LLC. (Attachments: #1 Affidavit Declaration of Bill Omar Carrasquillo)(Axenfeld PHV, Robert) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction and improper venue by Defendants Bill Omar Carrasquillo, Reloaded Merch, LLC. (Axenfeld PHV, Robert) |
| Filing 17 NOTICE of Appearance by Sanjay Satish Karnik on behalf of Nustar Enterprises, LLC (Karnik, Sanjay) |
| Filing 16 MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (smb) |
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Filing 15
ORDER & NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 6/23/2022 10:00 AM Central before Magistrate Judge John E Martin. Proposed joint discovery plan in accordance with FRCP 26(f) due by 6/17/2022.Signed by Magistrate Judge John E Martin on 5/11/2022. (smb)
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Filing 14
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 5/11/2022. (smb)
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Filing 13
ORDER granting #12 Motion for Extension of Time to Answer All Defendants. Approved by Magistrate Judge John E Martin on 5/22/2022. No pdf attached(cp)
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| Set/Reset Deadlines: Answer due 5/27/2022 (smb) |
| Filing 12 MOTION for Extension of Time to File Answer re Summons Returned Executed Stipulation to Extend Time to Answer or Otherwise Respond to Plaintiff's Complaint by Plaintiff Nustar Enterprises, LLC. (Hicks, Andrew) |
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Filing 11
ORDER granting #10 Application to Appear Pro Hac Vice of Attorney Robert R Axenfeld PHV for Bill Omar Carrasquillo and Reloaded Merch LLC. Signed by Magistrate Judge John E Martin on 5/9/2022. (ace)
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| Filing 10 Application for Attorney Robert R. Axenfeld to Appear Pro Hac Vice on behalf of Reloaded Merch LLC and Bill Omar Carrasquillo. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4908847 (Attachments: #1 Exhibit Certificate of Good Standing - DC, #2 Exhibit Certificate of Good Standing - PA)(Axenfeld, Robert) |
| Set Deadlines per #7 and #8 Bill Omar Carrasquillo answer due 5/13/22. Per #9 Reloaded Merch, LLC answer due 5/19/22. (nal) |
| Filing 9 AFFIDAVIT of Service for Summons, Complaint with Exhibits, and Civil Cover Sheet served on Bill Omar Carrasquillo on 4/22/2022, filed by Nustar Enterprises, LLC. (Leazenby, Dean) |
| Filing 8 AFFIDAVIT of Service for Summons, Complaint with Exhibits, and Civil Cover Sheet served on Reloaded Merch, LLC on 4/28/2022, filed by Nustar Enterprises, LLC. (Leazenby, Dean) |
| Filing 7 AFFIDAVIT of Service for Summons, Complaint with Exhibits, and Civil Cover Sheet served on Reloaded Merch, LLC on 4/28/2022, filed by Nustar Enterprises, LLC. (Leazenby, Dean) |
| Filing 6 Summons Issued as to Bill Omar Carrasquillo, Reloaded Merch, LLC. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (shk) |
| **NEW CASE** Judge Philip P Simon and Magistrate Judge John E Martin added. (shk) |
| Filing 5 Corporate Disclosure Statement by Nustar Enterprises, LLC. (Leazenby, Dean) |
| Filing 4 NOTICE by Nustar Enterprises, LLC re #1 Complaint, Report on the Filing or Determination of an Action Regarding a Patent or Trademark (Leazenby, Dean) |
| Filing 3 NOTICE of Appearance by Dean E Leazenby on behalf of Nustar Enterprises, LLC (Leazenby, Dean) |
| Filing 2 NOTICE of Appearance by Andrew M Hicks on behalf of Nustar Enterprises, LLC (Hicks, Andrew) |
| Filing 1 COMPLAINT with Jury Demand against Bill Omar Carrasquillo, Reloaded Merch, LLC, Reloaded Merch, LLC( Filing fee $ 402 receipt number AINNDC-4878686.), filed by Nustar Enterprises, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons)(Hicks, Andrew) |
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