GABET et al v. AMAZON.COM, INC. et al
| RENEE GABET and ANNIE OAKLEY ENTERPRISES INC. |
| AMAZON.COM INC and JOHN DOES 1-50 |
| 1:2022cv02246 |
| November 21, 2022 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| M Kendra Klump |
| Doris L Pryor |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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Filing 60
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED - Dispositive Motions due by 12/21/2023. Settlement Conference set for 8/31/2023 at 9:00 AM in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge M. Kendra Klump (SEE ORDER). Signed by Magistrate Judge M. Kendra Klump on 1/12/2023.(DWH)
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Filing 59
ORDER Regarding Discovery Disputes - Under Fed. R. Civ. P. 37(a)(1) and S.D. Ind. L.R. 37-1(a), a party must confer in good faith to resolve a discovery dispute with another person or party before involving the court in the dispute. If the party has exhausted those efforts without resolving the dispute they must seek a discovery conference with the Magistrate Judge before the filing of a formal motion to compel or contested motion for protective order in the manner set forth below (SEE ORDER FOR DETAILS). Signed by Magistrate Judge M. Kendra Klump on 1/12/2023.(DWH)
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Filing 58
MINUTE ORDER for Initial Pretrial Conference held before Magistrate Judge M. Kendra Klump on 1/10/2023. Telephonic Status Conference set for 2/10/2023 09:00 AM (Eastern Time) before Magistrate Judge M. Kendra Klump. Settlement Conference set for 8/31/2023 09:00 AM (Eastern Time) in room #255, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS) (Main Document 58 replaced on 1/12/2023) (BAS).
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| Filing 56 Reassignment of Case to Magistrate Judge M. Kendra Klump. Magistrate Judge Mark J. Dinsmore is no longer assigned to this case. Please include the new case number (1:22-cv-02246-JPH-MKK), which includes the initials of the newly assigned judge, on all future filings in this matter. (Albertson, Steven) |
| Filing 55 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ANNIE OAKLEY ENTERPRISES INC., RENEE GABET . (Overhauser, Paul) |
| Filing 54 Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Doris L. Pryor is no longer assigned to this case. Please include the new case number (1:22-cv-02246-JPH-MJD), which includes the initials of the newly assigned judge, on all future filings in this matter. (JD) |
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Filing 53
ORDER SETTING TELEPHONIC INITIAL PRETRIAL CONFERENCEThe above case is hereby assigned for a TELEPHONIC INITIAL PRETRIAL CONFERENCE on January 10, 2023, at 11:00 a.m. (EST), before the Honorable Doris L. Pryor, United States Magistrate Judge. The information needed to participate in this telephonic conference will be provided by a separate notification (See Order). Signed by Magistrate Judge Doris L. Pryor on 12/2/2022.(DWH)
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Filing 52
ORDER granting #50 Motion to Appear pro hac vice. Attorney Robert T. Cruzen for AMAZON.COM INC added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Mr. Cruzen via US Mail. Signed by Magistrate Judge Doris L. Pryor on 11/29/2022. (KAA)
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Filing 51
ORDER granting #49 Motion to Appear pro hac vice. Attorney Klaus H. Hamm for AMAZON.COM INC added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Mr. Hamm via US Mail. Signed by Magistrate Judge Doris L. Pryor on 11/29/2022. (KAA)
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| Filing 50 MOTION for Attorney(s) Robert T. Cruzen to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7384483), filed by Defendant AMAZON.COM INC. (Cruzen, Robert) |
| Filing 49 MOTION for Attorney(s) Klaus H. Hamm to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7384482), filed by Defendant AMAZON.COM INC. (Hamm, Klaus) |
| Filing 48 PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. (DWH) |
| Filing 47 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 46 Case transferred in from District of Indiana Northern; Case Number 1:22-cv-00035. Original file copy of transfer order and docket sheet received. |
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Filing 45
OPINION AND ORDER: Plaintiffs' Motion to Strike #37 is DENIED. Plaintiffs' Motion for Extension #39 is GRANTED. Defendants Motion to Transfer Venue #20 is GRANTED. The clerk is ORDERED to close this case and perform all tasks necessary to transfer venue to the United States District Court for the Southern District of Indiana. Signed by Judge Holly A Brady on 9/6/2022. (shk) [Transferred from Indiana Northern on 11/21/2022.]
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| Filing 44 TELEPHONIC STATUS CONFERENCE held on 8/18/2022 before Judge Holly A Brady. Pla appeared by atty Paul Overhauser. Dft appeared by atty Klaus Hamm. Discussion held re case status. Parties advise that the settlement in the Southern District of Indiana case does not impact this case. Court to issue ruling on pending motions. (Court Reporter Tina Gallucci.) (cer) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 43 REPLY to Response to Motion re #37 MOTION to Strike #36 Reply to Response to Motion, in Support of Motion to Transfer Venue filed by Annie Oakley Enterprises, Inc., Renee Gabet. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
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Filing 42
ORDER FOR JUDGE HOLLY A BRADY: Telephonic Status Conference SET for 8/18/2022 at 10:00 AM in US District Court - Fort Wayne before Judge Holly A Brady. Court will initiate call. (cer) [Transferred from Indiana Northern on 11/21/2022.]
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| Filing 41 REPLY to Response to Motion re #39 MOTION for Extension of Time to File Response/Reply as to #38 Response to Motion filed by Renee Gabet. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 40 RESPONSE to Motion re #39 MOTION for Extension of Time to File Response/Reply as to #38 Response to Motion Opposition filed by Amazon.com, Inc.. (Hamm PHV, Klaus) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 39 MOTION for Extension of Time to File Response/Reply as to #38 Response to Motion by Plaintiffs Annie Oakley Enterprises, Inc., Renee Gabet. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 38 RESPONSE to Motion re #37 MOTION to Strike #36 Reply to Response to Motion, in Support of Motion to Transfer Venue filed by Amazon.com, Inc.. (Hamm PHV, Klaus) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 37 MOTION to Strike #36 Reply to Response to Motion, in Support of Motion to Transfer Venue by Plaintiffs Annie Oakley Enterprises, Inc., Renee Gabet. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 36 REPLY to Response to Motion re #20 MOTION to Transfer Case filed by Amazon.com, Inc.. (Attachments: #1 Affidavit Supplemental Declaration of Robert T. Cruzen, #2 Exhibit Exhibit 11 to Cruzen Declaration (email), #3 Exhibit Exhibit 12 to Cruzen Declaration (Interrogatories), #4 Exhibit Exhibit 13 to Cruzen Declaration (Google Map), #5 Affidavit Declaration of Theresa Nixon (Amazon))(Hamm PHV, Klaus) [Transferred from Indiana Northern on 11/21/2022.] |
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Filing 35
ORDER granting #32 Application to Appear Pro Hac Vice of Attorney Klaus H Hamm PHV for Amazon.com, Inc.. Signed by Magistrate Judge Susan L Collins on 6/9/2022. (ace) [Transferred from Indiana Northern on 11/21/2022.]
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| Filing 34 RESPONSE to Motion re #20 MOTION to Transfer Case filed by Annie Oakley Enterprises, Inc., Renee Gabet. (Attachments: #1 Exhibit 1 - Sanford Declaration, #2 Exhibit 2 - R Gabet Declaration, #3 Exhibit 3 - B Burke Declaration, #4 Exhibit 4 - D Miller Declaration, #5 Exhibit 5 - K Minnich Declaration, #6 Exhibit 6 - C Gabet Declaration, #7 Exhibit 7 - Court Time Comparisons)(Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 33 REPLY to Response to Motion re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Amazon.com, Inc.. (Cruzen PHV, Robert) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 32 Application for Attorney Klaus H. Hamm to Appear Pro Hac Vice on behalf of Amazon.com, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4929882 (Attachments: #1 Oregon Certificate of Good Standing, #2 California Certificate of Good Standing, #3 US Supreme Court Certificate of Good Standing)(Hamm, Klaus) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 31 RESPONSE to Motion re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Annie Oakley Enterprises, Inc., Renee Gabet. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
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Filing 30
ORDER GRANTING #25 Motion for Extension of Time to File Response/Reply as to #20 MOTION to Transfer Case by Plaintiffs Annie Oakley Enterprises, Inc., Renee Gabet. Plaintiffs are afforded to and including 6/8/2022, to respond to the motion to transfer #20 . Signed by Magistrate Judge Susan L Collins on 5/13/2022. (mrm) [Transferred from Indiana Northern on 11/21/2022.]
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| Filing 29 BRIEF in Support of #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Amazon.com, Inc.. (Cruzen PHV, Robert) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Amazon.com, Inc.. (Cruzen PHV, Robert) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 27 REPLY to Response to Motion re #25 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Transfer Case filed by Annie Oakley Enterprises, Inc., Renee Gabet. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 26 RESPONSE to Motion re #25 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Transfer Case filed by Amazon.com, Inc.. (Cruzen PHV, Robert) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 25 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Transfer Case by Plaintiffs Annie Oakley Enterprises, Inc., Renee Gabet. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
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Filing 24
ORDER FOR JUDGE HOLLY A BRADY: In light of Pla filing an #22 Amended Complaint for Willful and Intentional Trademark Infringement and Related Claims, the Court RENDERS MOOT Dft's #14 Motion to Dismiss. (cer) [Transferred from Indiana Northern on 11/21/2022.]
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| Filing 23 RESPONSE to Motion re #14 MOTION to Dismiss filed by Annie Oakley Enterprises, Inc., Renee Gabet. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 22 AMENDED COMPLAINT against Amazon.com, Inc., John Does 1-50, filed by Renee Gabet, Annie Oakley Enterprises, Inc..(Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 21 BRIEF in Support of #20 MOTION to Transfer Case filed by Amazon.com, Inc.. (Cruzen PHV, Robert) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 20 MOTION to Transfer Case by Defendant Amazon.com, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Declaration of Robert T. Cruzen, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10)(Cruzen PHV, Robert) [Transferred from Indiana Northern on 11/21/2022.] |
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Filing 19
ORDER granting #17 Joint Motion for Protective Order. The stipulated protective order is APPROVED and ADOPTED to the extent set forth in the Order. Signed by Magistrate Judge Susan L Collins on 4/19/22. (nal) [Transferred from Indiana Northern on 11/21/2022.]
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| Filing 18 TELEPHONIC HEARING (scheduled as a Rule 16 Preliminary Pretrial Conference) held on 4/12/2022 before Magistrate Judge Susan L Collins. Pla appeared by atty Paul Overhauser. Dfts appeared by atty Robert Cruzen. Arguments heard re stay on discovery. For reasons stated on the record, Court stays discovery pending ruling on #14 Motion to Dismiss. However, Court opens discovery on limited issue of sales of the products identified in the Complaint. (FTR 1st floor.) (mr) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 17 Joint MOTION for Protective Order by Plaintiffs Annie Oakley Enterprises, Inc., Renee Gabet. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 16 REPORT of Rule 26(f) Planning Meeting. (Cruzen PHV, Robert) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 15 BRIEF in Support of #14 MOTION to Dismiss filed by Amazon.com, Inc.. (Cruzen PHV, Robert) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 14 MOTION to Dismiss by Defendant Amazon.com, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 TM Reg. 5,794,351, #3 Exhibit 2 TM Reg. 3,510,209, #4 Exhibit 3 TM Reg. 2,547,492, #5 Exhibit 4 TM Reg. 2,024,708, #6 Exhibit 5 TM Reg. 1,836,520, #7 Exhibit 6 TM Reg. 1,792,108, #8 Exhibit 7 20-cv-638 Order on Mot. to Dismiss)(Cruzen PHV, Robert) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 13 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 12 NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 4/12/2022 at 11:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call. (mr) [Transferred from Indiana Northern on 11/21/2022.] |
| Set Deadline: Per #10 Defendant Amazon.com, Inc. answer due 4/4/2022. (jdb) [Transferred from Indiana Northern on 11/21/2022.] |
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Filing 11
ORDER granting #9 Application to Appear Pro Hac Vice of Attorney Robert T Cruzen PHV for Amazon.com, Inc. Signed by Magistrate Judge Susan L Collins on 3/7/2022. (ace) [Transferred from Indiana Northern on 11/21/2022.]
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| Filing 10 AGREED NOTICE to extend time to file answer filed by Annie Oakley Enterprises, Inc., Renee Gabet ; answer due by April 4, 2022. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 9 Application for Attorney Robert T. Cruzen to Appear Pro Hac Vice on behalf of Amazon.com, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4845847(Cruzen PHV, Robert) [Transferred from Indiana Northern on 11/21/2022.] |
| Set/Reset Deadlines: Amazon.com,Inc. answer due 3/7/2022 per DE #8 (nae) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 8 AFFIDAVIT of Service for Summons, Complaint & Order served on Amazon.com, Inc. on 02/14/2022, filed by Annie Oakley Enterprises, Inc., Renee Gabet. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 7 SUMMONS REISSUED as to Amazon.com, Inc. with updated case # as requested. 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. (mrm) [Transferred from Indiana Northern on 11/21/2022.] |
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Filing 6
ORDER: Pursuant to 28 N.D. of Ind. L.R. 3-1(b)(2) this case is transferred to the Fort Wayne division. New Case Number 1:22cv35. Judge Holly A. Brady and Magistrate Judge Susan L. Collins assigned. Signed by Chief Judge Jon E DeGuilio on 1/28/2022. (rmf) [Transferred from Indiana Northern on 11/21/2022.]
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| Filing 5 NOTICE by Renee Gabet Report On The Filing Of An Action Regarding A Trademark (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 4 Summons Issued as to Amazon.com, Inc. 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. (jdb) [Transferred from Indiana Northern on 11/21/2022.] |
| **NEW CASE** Chief Judge Jon E DeGuilio and Magistrate Judge Michael G Gotsch, Sr added. (jdb) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 3 Corporate Disclosure Statement by Annie Oakley Enterprises, Inc., Renee Gabet. (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 2 NOTICE of Appearance by Paul B Overhauser on behalf of Annie Oakley Enterprises, Inc., Renee Gabet (Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
| Filing 1 COMPLAINT with JURY DEMAND against Amazon.com, Inc.( Filing fee $ 402 receipt number AINNDC-4810271.), filed by Renee Gabet, Annie Oakley Enterprises, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Overhauser, Paul) [Transferred from Indiana Northern on 11/21/2022.] |
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