POULSEN ROSER A/S v. GARDENS ALIVE, INC. et al

Plaintiff: POULSEN ROSER A/S
Defendant: GARDENS ALIVE, INC. and EARLY MORNING LLC doing business as WEEKS ROSES
Case Number: 4:2021cv00113
Filed: July 14, 2021
Court: US District Court for the Southern District of Indiana
Presiding Judge: Sarah Evans Barker
Referring Judge: Debra McVicker Lynch
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1051
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2021 Filing 31 ORDER granting #28 Motion to Appear pro hac vice. Kyle A. Hutnick is granted leave to appear pro hac vice on behalf of defendants in this matter. The court FURTHER ORDERS that Kyle A. Hutnick register as a user of the court's electronic case filing system by September 24, 2021. Failure to register could result in the revocation of his admission pro hac vice. Signed by Magistrate Judge Debra McVicker Lynch on 9/10/2021 (Copy mailed per distribution list). (TMC)
September 10, 2021 Filing 30 ORDER - CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 9/9/2021, for an initial pretrial conference. Dispositive Motions due by 7/14/2022. Discovery due by 5/14/2022. Signed by Magistrate Judge Debra McVicker Lynch on 9/10/2021.(TMC)
September 10, 2021 Filing 29 Entry and Order from Initial Pretrial Conference - The parties, by counsel, appeared for an initial pretrial conference on September 9, 2021, with magistrate judge. The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan. Signed by Magistrate Judge Debra McVicker Lynch. (JLS)
September 9, 2021 Filing 28 MOTION for Attorney(s) Kyle A. Hutnick to Appear pro hac vice (Filing fee $100, receipt number 0756-6739281), filed by Defendants EARLY MORNING LLC, GARDENS ALIVE, INC.. (Shufflebarger, Carrie)
September 7, 2021 Filing 27 NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 ANSWER and Affirmative Defenses) (TMC)
September 3, 2021 Filing 26 Corporate Disclosure Statement by EARLY MORNING LLC. (Shufflebarger, Carrie)
September 3, 2021 Filing 25 ***PLEASE DISREGARD. FILED IN ERROR***Corporate Disclosure Statement by EARLY MORNING LLC. (Shufflebarger, Carrie) Modified on 9/3/2021 (LDH).
September 3, 2021 Filing 24 Corporate Disclosure Statement by GARDENS ALIVE, INC.. (Shufflebarger, Carrie)
September 3, 2021 Filing 23 ANSWER and Affirmative Defenses, filed by Defendants EARLY MORNING LLC, GARDENS ALIVE, INC.. (Shufflebarger, Carrie)
September 2, 2021 Filing 21 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff POULSEN ROSER A/S . (Perry, Louis)
August 19, 2021 Filing 20 ORDER granting #18 Motion to Withdraw Attorney Appearance. The Court directs the Clerk to show the appearance of Brian D. Gwitt as withdrawn. Signed by Magistrate Judge Debra McVicker Lynch on 8/19/2021. (TMC)
August 18, 2021 Filing 19 Submission of Proposed Order , re #18 MOTION to Withdraw Attorney Appearance , filed by Defendants EARLY MORNING LLC, GARDENS ALIVE, INC.. (Gwitt, Brian)
August 17, 2021 Filing 18 MOTION to Withdraw Attorney Appearance , filed by Defendants EARLY MORNING LLC, GARDENS ALIVE, INC.. (Gwitt, Brian)
August 17, 2021 Filing 17 NOTICE of Appearance by Carrie A. Shufflebarger on behalf of Defendants EARLY MORNING LLC, GARDENS ALIVE, INC.. (Shufflebarger, Carrie)
August 9, 2021 Filing 16 Order Setting Initial Pretrial Conference - This case is assigned for an initial pretrial conference by telephone on September 9, 2021, at 1:30 p.m. (Eastern Time), before United States Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. No fewer than seven days before the IPTC, counsel must file a proposed CMP (See Order). Signed by Magistrate Judge Debra McVicker Lynch on 8/9/2021.(TMC)
August 6, 2021 Filing 15 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendants EARLY MORNING LLC, GARDENS ALIVE, INC.. (Gwitt, Brian)
August 6, 2021 Filing 14 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Brian D. Gwitt hereby notifies the Clerk of the court of changed contact information. (Gwitt, Brian)
August 6, 2021 Filing 13 NOTICE of Appearance by Brian D. Gwitt on behalf of Defendants EARLY MORNING LLC, GARDENS ALIVE, INC.. (Gwitt, Brian)
July 26, 2021 Filing 12 RETURN of Service, filed by POULSEN ROSER A/S. EARLY MORNING LLC served on 7/16/2021. (Perry, Louis)
July 26, 2021 Filing 11 RETURN of Service, filed by POULSEN ROSER A/S. GARDENS ALIVE, INC. served on 7/16/2021. (Perry, Louis)
July 19, 2021 Filing 10 ORDER granting #8 Motion to Appear pro hac vice. James J. Saul is granted leave to appear pro hac vice on plaintiff in this matter. The court FURTHER ORDERS that James J. Saul register as a user of the court's electronic case filing system by August 2, 2021. Failure to register could result in the revocation of his admission pro hac vice. Signed by Magistrate Judge Debra McVicker Lynch on 7/19/2021 (Copy mailed per distribution list). (TMC)
July 19, 2021 Filing 9 ORDER granting #7 Motion to Appear pro hac vice. Katlyn M. Moseley is granted leave to appear pro hac vice on plaintiff in this matter. The court FURTHER ORDERS that Katlyn M. Moseley register as a user of the court's electronic case filing system by August 2, 2021. Failure to register could result in the revocation of her admission pro hac vice. Signed by Magistrate Judge Debra McVicker Lynch on 7/19/2021 (Copy mailed per distribution list). (TMC)
July 16, 2021 Filing 8 MOTION for Attorney(s) James J. Saul to Appear pro hac vice (Filing fee $100, receipt number 0756-6659506), filed by Plaintiff POULSEN ROSER A/S. (Attachments: #1 Text of Proposed Order)(Perry, Louis)
July 16, 2021 Filing 7 MOTION for Attorney(s) Katlyn M. Moseley to Appear pro hac vice (Filing fee $100, receipt number 0756-6659458), filed by Plaintiff POULSEN ROSER A/S. (Attachments: #1 Text of Proposed Order)(Perry, Louis)
July 15, 2021 Filing 5 Corporate Disclosure Statement by POULSEN ROSER A/S identifying Corporate Parent POMO HOLDING APS for POULSEN ROSER A/S.. (Perry, Louis)
July 15, 2021 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (TMC)
July 15, 2021 Filing 3 Summons Issued by Clerk as to EARLY MORNING LLC, GARDENS ALIVE, INC. (TMC)
July 14, 2021 Filing 6 NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: #1 Complaint) (TMC)
July 14, 2021 Filing 2 NOTICE of Appearance by Louis T. Perry on behalf of Plaintiff POULSEN ROSER A/S. (Perry, Louis)
July 14, 2021 Filing 1 COMPLAINT against EARLY MORNING LLC, GARDENS ALIVE, INC., filed by POULSEN ROSER A/S. (Filing fee $402, receipt number 0756-6655460) (Attachments: #1 Exhibit A - Poulman Rose awards, #2 Exhibit B - Poulman Rose awards, #3 Exhibit C - 814 Registration, #4 Exhibit D - Sale Order, #5 Exhibit E - Blackline Sale Order, #6 Exhibit F - Joint Notification, #7 Exhibit G - Email Correspondence, #8 Exhibit H - 2019 Weeks Catalog excerpt, #9 Civil Cover Sheet, #10 Proposed Summons)(Perry, Louis)

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Plaintiff: POULSEN ROSER A/S
Represented By: Louis T. Perry
Represented By: James J. Saul
Represented By: Katlyn M. Moseley
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Defendant: GARDENS ALIVE, INC.
Represented By: Brian D. Gwitt
Represented By: Carrie A. Shufflebarger
Represented By: Kyle A. Hutnick
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Defendant: EARLY MORNING LLC doing business as WEEKS ROSES
Represented By: Brian D. Gwitt
Represented By: Carrie A. Shufflebarger
Represented By: Kyle A. Hutnick
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