ANNIE OAKLEY ENTERPRISES INC. et al v. RISE-N-SHINE LLC et al
| ANNIE OAKLEY ENTERPRISES INC. and RENEE GABET |
| AMAZON.COM, INC., CATHY BEGGAN, WALMART, INC. and RISE-N-SHINE LLC |
| 1:2020cv00638 |
| February 26, 2020 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Mario Garcia |
| Richard L Young |
| Trademark |
| 15 U.S.C. § 44 |
| Both |
Docket Report
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This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.
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Filing 138
NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Dismissal) (JRB)
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Filing 137
STIPULATION OF DISMISSAL WITH PREJUDICE AND WITHOUT COSTS - SEE ORDER. Signed by Judge Richard L. Young on 7/29/2021.(JRB)
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Filing 136
STIPULATION of Dismissal with Prejudice as to all Claims and Counterclaims, as to Defendants WALMART, INC., RISE-N-SHINE LLC, CATHY BEGGAN, AMAZON.COM, INC., Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET, Counter Defendants ANNIE OAKLEY ENTERPRISES INC., RENEE GABET, Counter Claimant RISE-N-SHINE LLC, filed by All Defendants. (Swift, Michael)
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Filing 135
ORDER granting in part and denying in part #132 Motion for Extension of Time to File Response to 9/1/2021 re #127 MOTION for Summary Judgment . The deadline to complete liability discovery is extended to September 1, 2021 for the sole purpose of conducting a Rule 30(b)(6) deposition. Signed by Magistrate Judge Mario Garcia on 7/8/2021. (CBU)
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Filing 134
REPLY in Support of Motion re #132 MOTION for Extension of Time to File Response to September 25, 2021 re #127 MOTION for Summary Judgment , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Exhibit 1 - Listing of Ingredients)(Eich, Melanie)
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Filing 133
RESPONSE in Opposition re #132 MOTION for Extension of Time to File Response to September 25, 2021 re #127 MOTION for Summary Judgment , filed by Defendants AMAZON.COM, INC., RISE-N-SHINE LLC, WALMART, INC.. (Attachments: #1 Exhibit 1-Amended Notice, #2 Exhibit 2-Objection to Amended Notice)(Swift, Michael)
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Filing 132
MOTION for Extension of Time to File Response to September 25, 2021 re #127 MOTION for Summary Judgment , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Exhibit 1 - Declaration of Paul B. Overhauser, #2 Text of Proposed Order)(Eich, Melanie)
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Filing 131
NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Answer) (JRB)
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Filing 130
ANSWER to Second Amended Complaint, filed by Defendant WALMART, INC. (ordered filed this date) (CBU)
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Filing 129
ORDER granting #123 Motion to strike answer. The Court directs the Clerk to strike Walmart Defendant's Answer filed on May 26, 2021 (Dkt. 121). The Clerk is further ordered to docket Defendant's Answer to the Second AmendedComplaint attached at Dkt 123-1 as of the date of this order. Signed by Magistrate Judge Mario Garcia on 6/1/2021. (CBU)
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Filing 128
BRIEF/MEMORANDUM in Support re #127 MOTION for Summary Judgment , filed by Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC.. (Attachments: #1 Exhibit Beggan Declaration, #2 Exhibit Swift Declaration, #3 Exhibit Sanford Declaration)(Swift, Michael)
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Filing 127
MOTION for Summary Judgment , filed by Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC.. (Swift, Michael)
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Filing 126
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 6/1/2021. The parties appeared by counsel for a Telephonic Status Conference. Parties encouraged to continue discovery and disclosures while remaining Motion to Dismiss is pending. This case is set for a Telephonic Status Conference on Thursday, July 29, 2021 at 10:30 a.m. (Eastern), before Magistrate Judge Mario Garcia. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Additionally, this matter is set for a Telephonic Settlement Conference on Thursday, August 19, 2021 at 1:00 p.m. (Eastern), before Magistrate Judge Mario Garcia. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 125
NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Answers) (JRB)
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Filing 124
ORDER granting #119 Motion for Extension of Time. Defendant RNS LLC shall have up to and including fourteen (14) days after the Court rules on Plaintiffs' Motion to Dismiss Rise-N-Shine LLC's Counterclaims to respond tothe Second Amended Complaint. Signed by Magistrate Judge Mario Garcia on 5/28/2021. (CBU)
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Filing 123
Unopposed MOTION for Leave to Substitute Answer to Second Amended Complaint, filed by Defendant WALMART, INC.. (Attachments: #1 Exhibit Walmart Answer to Second Amended Complaint, #2 Exhibit Proposed Order)(Swift, Michael)
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Filing 121
***STRICKEN PER ORDER OF 6/1/2021*** ANSWER to #116 Amended Complaint , filed by WALMART, INC..(Swift, Michael) Modified on 6/1/2021 (CBU).
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Filing 120
Def. Amazon ANSWER to #116 Amended Complaint , filed by AMAZON.COM, INC..(Swift, Michael)
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Filing 119
Unopposed MOTION for Extension of Time to in which to #116 Amended Complaint , filed by Defendant RISE-N-SHINE LLC. (Attachments: #1 Text of Proposed Order)(Swift, Michael)
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Filing 118
NOTICE of Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Amended Complaint) (JRB)
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Filing 117
ORDER granting #114 Motion for Extension of Time of time to CMP deadlines. Signed by Magistrate Judge Mario Garcia on 5/13/2021. (CBU)
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Filing 116
SECOND AMENDED COMPLAINT against AMAZON.COM, INC., RISE-N-SHINE LLC, and WALMART, INC., filed by RENEE GABET AND ANNIE OAKLEY ENTERPRISES INC. (Attachments: #1 Exhibit 1-Screenshot of Annie Oakley Enterprises, Inc. Rise 'N Shine Custom Blend, #2 Exhibit 2-United States Trademark Registration No. 2,549,750: RISE 'N SHINE:, #3 Exhibit 3-United States Trademark Registration No. 3,990,283: RISE 'N SHINE:, #4 Exhibit 4-Compilation of Rise-N-Shine sample webpages of infringing products., #5 Exhibit 5-FTC v. Rise-N-Shine, LLC and Cathy Beggan Complaint for Permanent, #6 Exhibit 6-FTC v. Rise-N-Shine, LLC and Cathy Beggan Stipulated Final Judgment)(Ordered filed this date)(CBU)
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Filing 115
ORDER granting #108 Motion for leave to file Second Amended Complaint and it is ordered filed as of this date of this order. Signed by Magistrate Judge Mario Garcia on 5/12/2021. (CBU)
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Filing 114
Unopposed MOTION for Extension of Time to 30 days for Deadlines Previously Extended by Order (Dkt # 107), filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Text of Proposed Order)(Eich, Melanie)
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Filing 113
NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Melanie Ann Eich hereby notifies the Clerk of the court of changed contact information. (Eich, Melanie)
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Filing 112
NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Paul B. Overhauser hereby notifies the Clerk of the court of changed contact information. (Overhauser, Paul)
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Filing 111
SCHEDULING ORDER-TELEPHONIC Status Conference set for 6/1/2021 at 11:30 AM (Eastern) before Magistrate Judge Mario Garcia. The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mario Garcia on 5/5/2021.(CBU)
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Filing 110
REPLY in Support of Motion re #108 MOTION For Leave To File Second Amended Complaint , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit 1 - Screenshot of Annie Oakley Enterprise, Inc. Rise 'N Shine Custom Blend, #3 Exhibit 2 - United States Trademark Registration No. 2,549,750: RISE 'N SHINE: perfumes, body oils, room fragrances and essential oils for personal use, #4 Exhibit 3 - United States Trademark Registration No. 3,990,283: RISE 'N SHINE: shampoos, hair conditioners, body soaps, and body powders, #5 Exhibit 4 - Compilation of Rise-N-Shine sample webpages of infringing products, #6 Exhibit 5 - FTC v. Rise-N-Shine, LLC and Cathy Beggan Complaint for Permanent Injunction and Other Equitable Relief, #7 Exhibit 6 - FTC v. Rise-N-Shine, LLC and Cathy Beggan Stipulated Final Judgment and Order for Permanent Injunction and Other Equitable Relief)(Eich, Melanie)
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Filing 109
RESPONSE in Opposition re #108 MOTION For Leave To File Second Amended Complaint , filed by Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC.. (Swift, Michael)
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Filing 108
MOTION For Leave To File Second Amended Complaint, filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint, #2 Exhibit 1 - Screenshot of Annie Oakley Enterprises, Inc. Rise 'N Shine Custom Blend, #3 Exhibit 2 - United States Trademark Registration No. 2,549,750: RISE 'N SHINE: perfumes, body oils, room fragrances and essential oils for personal use, #4 Exhibit 3 - United States Trademark Registration No. 3,990,283: RISE 'N SHINE: shampoos, hair conditioners, body soaps, and body powders, #5 Exhibit 4 - Compilation of Rise-N-Shine sample webpages of infringing products, #6 Exhibit 5 - FTC v. Rise-N-Shine, LLC and Cathy Beggan Complaint for Permanent Injunction and Other Equitable Relief, #7 Exhibit 6 - FTC v. Rise-N-Shine, LLC and Cathy Beggan Stipulated Final Judgment and Order for Permanent Injunction and Other Equitable Relief, #8 Text of Proposed Order)(Eich, Melanie)
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Filing 107
ORDER granting #106 Motion for Extension of Time. Signed by Magistrate Judge Mario Garcia on 4/14/2021. (CBU)
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Filing 106
Unopposed MOTION for Extension of Time to 30 days for Deadlines Previously Extended by Order (Dkt #s 100 & 102), filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Text of Proposed Order)(Eich, Melanie)
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Filing 105
Reassignment of Case to Magistrate Judge Mario Garcia. Magistrate Judge Tim A. Baker is no longer assigned to this case. Please include the new case number (1:20-cv-638-RLY-MG), which includes the initials of the newly assigned judge, on all future filings in this matter. (JDad)
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Filing 104
ENTRY ON DEFENDANTS' MOTION TO DISMISS #45 - Defendants' motion to dismiss Filing No. #45 is GRANTED in part and DENIED in part. Defendants' motion to dismiss Plaintiffs' trademark dilution claim (Count II), Plaintiff's trademark infringement claims (Counts I and III), and Plaintiffs' trademark counterfeiting claim (Count VI) is DENIED. Plaintiffs' claim for "use of advertising idea" (Count IV) is DISMISSED without prejudice. Plaintiffs' civil conspiracy claim (Count V) is DISMISSED without prejudice. Because Annie Oakley appears to lack standing to bring claims for trademark infringement (Count I) and trademark dilution (Count II), those claims brought by Annie Oakley are DISMISSED without prejudice. Defendants' motion to dismiss Plaintiffs' New Jersey state law claims (Counts VII and VIII) is GRANTED. And Defendants' motion to dismiss Plaintiffs' damages claims outside a twoyear statute of limitations is GRANTED. SEE ORDER. Signed by Judge Richard L. Young on 3/23/2021. (AAS) (Main Document 104 replaced on 3/23/2021) (TMD).
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Filing 103
ORDER granting #23 MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION - The court finds that it lacks personal jurisdiction over Defendant Cathy Beggan. Defendants' Motion to Dismiss for Lack of Personal Jurisdiction Filing No. #23 is GRANTED. SEE ORDER. Signed by Judge Richard L. Young on 3/23/2021. (AAS)
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Filing 102
Order - Granting #98 Motion for Extension of Deadlines in Case Management Order. Dispositive Motions due by 6/24/2021. (See Order.) Signed by Magistrate Judge Tim A. Baker on 2/11/2021.(NAD)
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Filing 101
MOTION for Extension of Time to 90 days for deadlines previously scheduled by the Amended Case Management Order (Dkt. 98) , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Text of Proposed Order)(Eich, Melanie)
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Filing 100
ORDER granting Plaintiffs' #99 Motion for Extension of Time - Deadline for discovery related to liability issues extended to 4/26/2021. Signed by Magistrate Judge Tim A. Baker on 1/13/2021.(SWM)
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Filing 99
MOTION for Extension of Time to April 26, 2021 to complete Discovery on Liability Issues, filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Text of Proposed Order)(Eich, Melanie)
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Filing 98
ORDER: AMENDED CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 3/26/2021. Discovery due by 1/25/2021. Signed by Magistrate Judge Tim A. Baker on 11/25/2020.(CBU)
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Filing 97
Joint Amended CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET . (Eich, Melanie)
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Filing 96
RESPONSE in Opposition re #94 OBJECTION to Report and Recommendations , filed by Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC.. (Swift, Michael)
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Filing 95
MARGINAL ENTRY re Plaintiffs' #91 Motion for Extension of Time - Motion granted in part; deadlines will be extended 60 days. Counsel shall confer and submit a proposed agreed order within seven days. Signed by Magistrate Judge Tim A. Baker on 11/12/2020. (SWM)
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Filing 94
Objection to Magistrate Judge's Rulings on October 14, 2020 Status Conference #89 , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Exhibit 1 - Email to Court Listing Five Discovery Issues - October 13, 2020)(Eich, Melanie) Modified on 11/6/2020 (JRB). Modified on 11/6/2020 (TMD).
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Filing 93
MARGINAL ENTRY re Plaintiffs' #90 Motion for Extension of Time to File Objections to Order of 10/14/2020 re: Status Conference (Dkt. 89) - Motion denied. If Plaintiffs intend to object to any of the discovery rulings implicated by this motion, Plaintiffs shall do so within the time provided for doing so. This motion fails to set forth good cause for extending this deadline and otherwise delaying the discovery process. Signed by Magistrate Judge Tim A. Baker on 11/2/2020. (SWM)
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Filing 92
RESPONSE in Opposition re #91 MOTION for Extension of Time to 120 days for deadlines previously scheduled by the Case Management Order (Dkt. 43) , filed by Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC.. (Swift, Michael)
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Filing 91
MOTION for Extension of Time to 120 days for deadlines previously scheduled by the Case Management Order (Dkt. 43) , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Text of Proposed Order)(Eich, Melanie)
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Filing 90
Unopposed MOTION for Extension of Time to 14 days after the ruling on Motion to Dismiss (Dkt. 45) to file objections to the Court's Order (Dkt. 89) , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Text of Proposed Order)(Eich, Melanie)
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Filing 89
ORDER ON OCTOBER 14, 2020, STATUS CONFERENCE - Parties appeared by counsel on October 14, 2020, for a telephonic status conference to address four discovery disputes. In advance of this conference the parties provided the magistrate judge with brief written statements regarding their positions. In addition, at the October 14 conference the Court heard argument. The Court then took these discovery disputes under advisement, received supplemental submissions, and now issues its order on these matters. Accordingly, for these reasons, the Court sustains in part and overrules in part Defendants' objections to these four discovery issues. Defendants shall produce documents in compliance with this order within 21 days. ***SEE ORDER FOR ADDITIONAL INFORMATION*** Signed by Magistrate Judge Tim A. Baker on 10/22/2020.(JDC)
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Filing 87
ORDER SETTING TELEPHONIC STATUS CONFERENCE - This cause is set for a telephonic status conference at 3 p.m. (Eastern Time) on October 14, 2020. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address a discovery dispute. Signed by Magistrate Judge Tim A. Baker on 10/8/2020.(MGG)
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Filing 86
ORDER on #83 Unopposed Motion to Maintain Under Seal Filings 70 and 70-1 - Before the court is Cathy Beggan's and Rise-N-Shine, LLC's Motion to Maintain Under Seal Filings 70 and 70-1. Having considered the Motion, supporting evidence and arguments of the parties, the Court hereby GRANTS the Motion. Therefore, the Clerk is directed to maintain Filings 70 and 70-1 under seal. Signed by Magistrate Judge Tim A. Baker on 9/23/2020. (SWM)
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Filing 85
ORDER granting Cathy Beggan's and Rise-N-Shine, LLC's #82 Motion to Withdraw Filings 80, 80-1, 80-2 and 81. Therefore, the Clerk is directed to withdraw Filings 80, 80-1, 80-2 and 81. Signed by Magistrate Judge Tim A. Baker on 9/23/2020. (SWM)
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Filing 84
REDACTION to #70 SEALED Document (Case Participants - doc) by CATHY BEGGAN. (Attachments: #1 Exhibit Redacted Exhibit 8)(Swift, Michael)
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Filing 83
Unopposed MOTION to Maintain Under Seal Filings 70 and 70-1, filed by Defendant CATHY BEGGAN. (Attachments: #1 Exhibit Proposed Order)(Swift, Michael)
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Filing 82
Unopposed MOTION to Withdraw #80 Unopposed MOTION to Substitute Filing No. 70 and 70-1 with Redacted Versions, #81 Exhibit in Support , filed by Defendant CATHY BEGGAN. (Attachments: #1 Exhibit Proposed Order)(Swift, Michael)
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Filing 81
*** WITHDRAWN PER DKT. #85 *** EXHIBIT in Support of Motion re #80 Unopposed MOTION to Substitute Filing No. 70 and 70-1 with Redacted Versions Proposed Order, filed by Defendant CATHY BEGGAN. (Swift, Michael) Modified on 9/24/2020 (SWM).
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Filing 80
*** WITHDRAWN PER DKT. #85 *** Unopposed MOTION to Substitute Filing No. 70 and 70-1 with Redacted Versions, filed by Defendant CATHY BEGGAN. (Attachments: #1 Exhibit A-Substitute Redacted Response, #2 Exhibit B-Substitute Exhibit 8)(Swift, Michael) Modified on 9/24/2020 (SWM).
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Filing 79
ORDER - denying #71 Motion to Maintain Document Under Seal ; Local Rule 5-11 further requires the designating party to file, within 14 days of service of the motion to seal, either a statement authorizing the unsealing of the filings or a brief in support of maintaining the filings under seal. To date, Defendants have made no such filing in response to Plaintiffs' motion to seal. Therefore, Plaintiffs' motion to seal is denied and the Clerk is directed to unseal Filing No. 70 and all attachments after 21 days, absent any motion to reconsider, appeal, or further court order. Signed by Magistrate Judge Tim A. Baker on 9/4/2020. (CKM)
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Filing 78
REPLY in Support of Motion re #64 MOTION to Dismiss Rise-N-Shine, LLCs Second Amended Counterclaims [Dkt. 47] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Overhauser, Paul)
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Filing 77
ORDER granting Plaintiffs' #76 Motion for Extension of Time to File Reply to 9/3/2020 re #64 MOTION to Dismiss Rise-N-Shine, LLCs Second Amended Counterclaims [Dkt. 47] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Signed by Magistrate Judge Tim A. Baker on 9/2/2020. (SWM)
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Filing 76
Unopposed MOTION for Extension of Time to File Reply to September 3, 2020 re #64 MOTION to Dismiss Rise-N-Shine, LLCs Second Amended Counterclaims [Dkt. 47] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 USM 285 Form)(Overhauser, Paul)
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Filing 75
ORDER granting Rise-N-Shine LLC's #68 Motion for Extension of Time to File Response to 8/23/2020 re #64 MOTION to Dismiss Rise-N-Shine, LLCs Second Amended Counterclaims [Dkt. 47] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Signed by Magistrate Judge Tim A. Baker on 8/21/2020. (SWM)
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Filing 74
ORDER withdrawing Plaintiffs' #62 Motion to Maintain Document Under Seal; granting Plaintiff's #67 Motion to Withdraw Dkt. Numbers 61 and 62. Plaintiffs are directed to file of a new version of their Response and Exhibits, if they have not already done so by the time this Order is entered. Signed by Magistrate Judge Tim A. Baker on 8/21/2020. (SWM)
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Filing 73
RESPONSE in Opposition re #64 MOTION to Dismiss Rise-N-Shine, LLCs Second Amended Counterclaims [Dkt. 47] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant RISE-N-SHINE LLC. (Swift, Michael)
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Filing 72
NOTICE Filing of Exhibits In Support of Response in Opposition to Defendant, Cathy Beggans Motion to Dismiss for Lack of Jurisdiction, filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET, re #70 SEALED Document (Case Participants - doc). (Attachments: #1 Exhibit 1-Cathy Beggans Interrogatory Answers, #2 Exhibit 2-Cathy Beggans Responses to Requests for Production of Documents, #3 Exhibit 3-A Guided Tour of WMAQ-TV, #4 Exhibit 4-WMAQ, #5 Exhibit 5-YouTube Channel Cathy Beggan, #6 Exhibit 6-Final Judgment in FTC v. Rise-N-Shine LLC and Beggan, #7 Exhibit 7-Complaint in FTC v. Rise-N-Shine LLC and Beggan) (Overhauser, Paul)
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Filing 71
MOTION to Maintain Document Under Seal #70 SEALED Document (Case Participants - doc) Plaintiffs Response in Opposition to Defendant, Cathy Beggans Motion to Dismiss for Lack of Jurisdiction and Exhibit 8 to that Response (70 and 70-1), filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Overhauser, Paul)
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Filing 70
*** SEALED PER DKT. #86 *** SEALED Plaintiffs Response in Opposition to Defendant, Cathy Beggans Motion to Dismiss for Lack of Jurisdiction, filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Exhibit 8- Beggan Invoices)(Overhauser, Paul) Modified on 9/24/2020 (SWM).
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Filing 69
EXHIBIT Unsealed Exhibits Accompanying Plaintiffs Response in Opposition to Defendant, Cathy Beggans Motion to Dismiss for Lack of Jurisdiction by ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Exhibit 1- Cathy Beggans Interrogatory Answers, #2 Exhibit 2- Cathy Beggans Responses to Requests for Production of Documents, #3 Exhibit 3- A Guided Tour of WMAQ-TV., #4 Exhibit 4- WMAQ, https://tvstations.fandom.com/wiki/WMAQ (last visited July 23, 2020), #5 Exhibit 5- YouTube Channel Cathy Beggan, #6 Exhibit 6- Final Judgment in FTC v. Rise-N-Shine LLC and Beggan, #7 Exhibit 7- Complaint in FTC v. Rise-N-Shine LLC and Beggan)(Overhauser, Paul)
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Filing 68
First MOTION for Extension of Time to File Response to August 23, 2020 re #64 MOTION to Dismiss Rise-N-Shine, LLCs Second Amended Counterclaims [Dkt. 47] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant RISE-N-SHINE LLC. (Attachments: #1 Exhibit Proposed Order)(Swift, Michael)
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Filing 67
MOTION to Withdraw #62 MOTION to Maintain Document Under Seal #61 SEALED Document (Case Participants - doc) , #61 SEALED Document (Case Participants - doc) , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul)
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Filing 66
REPLY in Support of Motion re #45 MOTION to Dismiss Pursuant to Fed.R. Civ. Proc.12(B)(6) on behalf of Rise-N-Shine, LLC, Cathy Beggan and Amazon.com, Inc., filed by Defendant RISE-N-SHINE LLC. (Swift, Michael)
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Filing 65
REPLY in Support of Motion re #23 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant CATHY BEGGAN. (Swift, Michael)
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Filing 64
MOTION to Dismiss Rise-N-Shine, LLCs Second Amended Counterclaims [Dkt. 47], MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Exhibit 1 - Amazon Terms and Conditions)(Eich, Melanie)
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Filing 63
RESPONSE in Opposition re #45 MOTION to Dismiss Pursuant to Fed.R. Civ. Proc.12(B)(6) , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Overhauser, Paul)
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Filing 62
*** WITHDRAWN PER DKT. NUMBER #74 *** MOTION to Maintain Document Under Seal #61 SEALED Document (Case Participants - doc) , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Overhauser, Paul) Modified on 8/24/2020 (SWM).
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Filing 61
*** WITHDRAWN PER DKT. NUMBER #74 *** SEALED Plaintiffs Response in Opposition to Defendant, Cathy Beggans Motion to Dismiss for Lack of Jurisdiction (Dkt. #023), filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Exhibit 1-Beggan's Responses to Plaintiffs' Jurisdictional Interrogatories, #2 Exhibit 2-Beggan's Responses to Plaintiffs' Jurisdictional Requests for Production, #3 Exhibit 3-Guided tour of WMAQ-TV, #4 Exhibit 4-WMAQ Wikia-Fandom, #5 Exhibit 5-Cathy Beggan You Tube Videos, #6 Exhibit 6-Stipulated Final Judgment-Injunction, #7 Exhibit 7-FTC Complaint for Permanent Injunction, #8 Exhibit 8-Beggan Invoices)(Overhauser, Paul) Modified on 8/24/2020 (SWM).
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Filing 60
ORDER granting Plaintiffs' #59 Motion for Extension of Time to File response to Defendants' Motion to Dismiss #45 to 7/25/2020. Signed by Magistrate Judge Tim A. Baker on 7/14/2020. (SWM)
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Filing 59
Unopposed MOTION for Extension of Time to July 25, 2020 for Plaintiffs to Respond to Motion to Dismiss [Dkt. 45], filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul)
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Filing 58
NOTICE of Automatic Extension of Time, filed by Plaintiff ANNIE OAKLEY ENTERPRISES INC. (Eich, Melanie)
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Filing 57
Witness List and Exhibit List (Preliminary), filed by Defendant AMAZON.COM, INC.. (Cruzen, Robert)
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Filing 56
Witness List Walmart Inc. Preliminary Witness and Exhibit Lists, filed by Defendant WALMART, INC.. (Swift, Michael)
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Filing 55
Witness List Rise-N-Shine LLC and Beggan Preliminary Witness and Exhibit Lists, filed by Defendant RISE-N-SHINE LLC. (Swift, Michael)
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Filing 54
NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Answers) (JRB)
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Filing 53
ORDER granting #51 Motion for Extension of Time to 7/24/2020 for the Plaintiffs to file their response to Beggan's Motion to Dismiss. Signed by Magistrate Judge Tim A. Baker on 7/6/2020. (CBU)
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Filing 52
NOTICE of Automatic Extension of Time to respond to Defendant Rise-N-Shines Second Amended Counterclaims included in Dkt. 47, filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET (Eich, Melanie)
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Filing 51
Unopposed MOTION for Extension of Time to July 24, 2020 to respond to Defendant Cathy Beggans Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 23), filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Text of Proposed Order)(Eich, Melanie)
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Filing 50
Witness List (Preliminary), filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET, Exhibit List (Preliminary), filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Overhauser, Paul)
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Filing 49
NOTICE of Initial Enlargement of Time, filed by Defendants RISE-N-SHINE LLC, WALMART, INC. (Swift, Michael)
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Filing 48
Walmart, Inc. ANSWER to #32 Amended Complaint , filed by WALMART, INC..(Swift, Michael)
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Filing 47
Rise-N-Shine-LLC ANSWER to #32 Amended Complaint , Second COUNTERCLAIM Amended against All Plaintiffs, filed by RISE-N-SHINE LLC. (Attachments: #1 Exhibit A-Certificate, #2 Exhibit B-Picture of Supplement, #3 Exhibit C-Add, #4 Exhibit D-e-mail, #5 Exhibit E-website, #6 Exhibit F-website-necklace, #7 Exhibit G-website-sanitizer, #8 Exhibit H-Ltr to USPTO, #9 Exhibit I-Section 8 & 15, #10 Exhibit J-website-site map, #11 Exhibit K-Section 8 & 15, #12 Exhibit L-Notice, #13 Exhibit M-PTAB, #14 Exhibit N-Ltr to Amazon)(Swift, Michael)
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Filing 46
BRIEF/MEMORANDUM in Support re #45 MOTION to Dismiss Pursuant to Fed.R. Civ. Proc.12(B)(6) , filed by Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC. (Attachments: #1 Exhibit A-Notice, #2 Exhibit B-Name Search, #3 Exhibit C-Chart)(Swift, Michael)
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Filing 45
MOTION to Dismiss Pursuant to Fed.R. Civ. Proc.12(B)(6), filed by Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC. (Swift, Michael)
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Filing 44
NOTICE of Parties' First Extension of Time, filed by Defendant AMAZON.COM, INC.. (Cruzen, Robert)
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Filing 43
ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Parties appeared by counsel 6/2/2020, for a Telephonic Initial Pretrial Conference. Dispositive Motions due by 1/26/2021. Discovery due by 11/26/2020. Defendants' motion to dismiss [Filing No. [ #25 ] is denied as moot in light of Plaintiff's amended complaint. Signed by Magistrate Judge Tim A. Baker on 6/2/2020.(SWM)
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Filing 42
STIPULATED PROTECTIVE ORDER #38 SO ORDERED. Signed by Magistrate Judge Tim A. Baker on 6/1/2020.(SWM)
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Filing 40
NOTICE of Parties' First Extension of Time, filed by Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC.. (Swift, Michael)
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Filing 39
Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET . (Eich, Melanie)
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Filing 38
Joint MOTION for Protective Order , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Exhibit 1 - Proposed Stipulated Protective Order)(Eich, Melanie)
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Filing 37
NOTICE of Automatic Extension of Time to File Response to Counterclaims, filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET (Overhauser, Paul) Modified on 5/28/2020 (ADH).
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Filing 36
RESPONSE in Opposition re #25 MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. 12(B)(6) , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Overhauser, Paul)
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Filing 35
NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Answer / Counter Claim) (JRB)
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Filing 34
NOTICE of Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Amended Complaint) (JRB)
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Filing 33
ANSWER to #1 Complaint, Amended COUNTERCLAIM against ANNIE OAKLEY ENTERPRISES, INC. and RENEE GABET, filed by RISE-N-SHINE LLC, RISE-N-SHINE LLC. (Attachments: #1 Exhibit Motion to Suspend, #2 Exhibit Certificate of Formation, #3 Exhibit 2006 RNS Product, #4 Exhibit 2007 Hair-U-Grow, #5 Exhibit 2-9-2007 Email, #6 Exhibit 4-27-2020 AO Website, #7 Exhibit AO Jewelry, #8 Exhibit AO Hand Sanitizer, #9 Exhibit 5-5-2011 Declaration of Use, #10 Exhibit 2011 Pappas Filed Declarations, #11 Exhibit 3-19-2019 WayBack Machine, #12 Exhibit 10-5-2016 Section 8 and 15, #13 Exhibit Notice of Opposition, #14 Exhibit 2-7-2020 Cease and Desist)(Swift, Michael) Modified docket text on 6/8/2020 (JD).
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Filing 32
AMENDED COMPLAINT against AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC., filed by RENEE GABET, ANNIE OAKLEY ENTERPRISES INC.. (Attachments: #1 Exhibit 1 - Screenshot of Annie Oakley Enterprises, Inc. Rise N Shine Custom Blend., #2 Exhibit 2 - United States Trademark Registration No. 2,549,750: RISE N SHINE: perfumes, body oils, room fragrances and essential oils for personal use., #3 Exhibit 3 - United States Trademark Registration No. 3,990,283: RISE N SHINE: shampoos, hair conditioners, body soaps, and body powders, #4 Exhibit 4 - Compilation of Rise-N-Shine sample webpages of infringing products., #5 Exhibit 5 - FTC v. Rise-N-Shine, LLC and Cathy Beggan Complaint for Permanent Injunction and Other Equitable Relief, #6 Exhibit 6 - FTC v. Rise-N-Shine, LLC and Cathy Beggan Stipulated Final Judgment and Order for Permanent Injunction and Other Equitable Relief)(Overhauser, Paul)
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Filing 31
NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Answer) (JRB)
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Filing 30
ORDER granting Plaintiffs' #27 Motion for Extension of Time to File Response to both Motions to Dismiss and to Permit Jurisdictional Discovery. Plaintiffs' response to Defendant Beggan's Motion to Dismiss Pursuant to Fed R. Civ. P. 12(b)(2) (Dkt. 23) is due sixty (60) days after the date of this Order. Plaintiffs may conduct discovery concerning jurisdiction limited to Cathy Beggan and her Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2). Plaintiffs' response to Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) (Dkt. 25) is due on or before 6/1/2020. Signed by Magistrate Judge Tim A. Baker on 5/11/2020. (SWM)
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Filing 29
ANSWER and Counterclaims, filed by Defendant RISE-N-SHINE LLC. (Attachments: #1 Exhibit A-Filing receipt, #2 Exhibit B-Certificate, #3 Exhibit C-Label, #4 Exhibit D-Hair-U-Grow, #5 Exhibit E-e-mail, #6 Exhibit F-website, #7 Exhibit G-website with necklace, #8 Exhibit H-website-sanitizer, #9 Exhibit I-Letter, #10 Exhibit J-Section 8 & 15, #11 Exhibit K-website, #12 Exhibit L-Section 8 & 15, #13 Exhibit M-Notice)(Swift, Michael)
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Filing 28
Corporate Disclosure Statement by AMAZON.COM, INC.. (Swift, Michael)
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Filing 27
First MOTION for Extension of Time to File Response re #25 MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. 12(B)(6), #23 MOTION to Dismiss for Lack of Jurisdiction , filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Attachments: #1 Text of Proposed Order Proposed Order)(Eich, Melanie)
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Filing 26
BRIEF/MEMORANDUM in Support re #25 MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. 12(B)(6) , filed by Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC. (Attachments: #1 Exhibit A-Schedule, #2 Exhibit B-Name Search, #3 Exhibit C-Pictures, #4 Exhibit D-Chart)(Swift, Michael)
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Filing 25
MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. 12(B)(6), filed by Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC. (Swift, Michael)
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Filing 24
BRIEF/MEMORANDUM in Support re #23 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant CATHY BEGGAN. (Attachments: #1 Exhibit A-Declaration)(Swift, Michael)
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Filing 23
MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant CATHY BEGGAN. (Swift, Michael)
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Filing 22
Answer and Defenses ANSWER to #1 Complaint , filed by WALMART, INC..(Swift, Michael)
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Filing 21
ORDER granting Defendants' #19 Motion for Substitution of Counsel and Withdrawal of Appearance. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the appearance of Judy L. Woods and the law firm of Krieg DeVault LLP are hereby withdrawn as to defendants Cathy Began, Rise-N-Shine LLC, and Walmart Inc. Attorney Michael Swift of the law firm of Maginot, Moore & Beck, LLP has appeared for these and other defendants. Signed by Magistrate Judge Tim A. Baker on 4/21/2020. (SWM)
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Filing 20
ORDER granting Defendants' #18 Motion for Extension of Time to File response to complaint to 4/27/2020. Signed by Magistrate Judge Tim A. Baker on 4/20/2020. (SWM)
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Filing 19
MOTION to Substitute Attorney , MOTION to Withdraw , filed by Defendants CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC.. (Attachments: #1 Text of Proposed Order Order on Motion for Substitution of Counsel and Withdrawal of Appearance)(Woods, Judy)
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Filing 18
First MOTION for Extension of Time to April 27, 2020 to Respond to Complaint, filed by Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC.. (Attachments: #1 Exhibit Proposed Order)(Swift, Michael)
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Filing 17
NOTICE of Appearance by Michael A. Swift on behalf of Defendants AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC.. (Swift, Michael)
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Filing 16
SCHEDULING ORDER: Initial Pretrial Conference set for 6/2/2020 11:30 AM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The parties themselves may participate at their option. If a proposed Case Management Plan ("CMP") has not yet been filed, the parties are ordered to confer prior to the initial pretrial conference and prepare a proposed CMP. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 4/13/2020.(SWM)
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Filing 15
NOTICE of Parties' First Extension of Time, filed by Defendant AMAZON.COM, INC.. (Cruzen, Robert)
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Filing 14
ORDER - granting #9 Motion to Appear pro hac vice. Signed by Magistrate Judge Tim A. Baker on 3/20/2020. (CKM)
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Filing 13
Notice of Parties First Extension of Time to Answer Complaint, filed by Defendants CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC.. (Woods, Judy) Modified on 3/23/2020 (JRB).
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Filing 12
Corporate Disclosure Statement by WALMART, INC.. (Woods, Judy)
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Filing 11
Corporate Disclosure Statement by RISE-N-SHINE LLC. (Woods, Judy)
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Filing 10
NOTICE of Appearance by Judy L. Woods on behalf of Defendants CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC.. (Woods, Judy)
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Filing 9
MOTION for Attorney(s) Robert T. Cruzen to Appear pro hac vice (Filing fee $100, receipt number 0756-5913879), filed by Defendant AMAZON.COM, INC.. (Attachments: #1 Text of Proposed Order)(Cruzen, Robert)
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Filing 8
RECEIPT #IP068552 for filing fee in the amount of $400.00, paid by Plaintiff. (DJH)
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Filing 7
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB)
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Filing 6
NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Complaint) (JRB)
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Filing 5
Summons Issued as to AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC, AND WALMART, INC.. (JRB)
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Filing 4
Corporate Disclosure Statement by ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Overhauser, Paul)
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Filing 3
NOTICE of Appearance by Melanie Ann Eich on behalf of Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Eich, Melanie)
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Filing 2
NOTICE of Appearance by Paul B. Overhauser on behalf of Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (Overhauser, Paul)
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Filing 1
COMPLAINT against AMAZON.COM, INC., CATHY BEGGAN, RISE-N-SHINE LLC, WALMART, INC., filed by ANNIE OAKLEY ENTERPRISES INC., RENEE GABET. (No fee paid with this filing) (Attachments: #1 Exhibit 1-Screenshot of Annie Oakley Enterprises, Inc. Rise N Shine Custom Blend., #2 Exhibit 2-Registration No. 2,549,750: RISE N SHINE, #3 Exhibit 3-Registration No. 3,990,283: RISE N SHINE, #4 Exhibit 4-Compilation of Rise-N-Shine sample webpages of infringing products., #5 Exhibit 5-FTC v. Rise-N-Shine, LLC and Cathy Beggan Complaint for Permanent Injunction and Other Equitable Relief, #6 Exhibit 6-FTC v. Rise-N-Shine, LLC and Cathy Beggan Stipulated Final Judgment and Order, #7 Civil Cover Sheet Civil Cover Sheet, #8 Proposed Summons Summons-RISE-N-SHINE, #9 Proposed Summons Summons-Cathy Beggan, #10 Proposed Summons Summons Amazon.com Inc, #11 Proposed Summons Summons Walmart, Inc.)(Overhauser, Paul)
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