DPF Alternatives, LLC v. Custom Logistics, Ltd. et al
| DPF Alternative, LLC and DPF Alternatives, LLC |
| Custom Logistics, Ltd. and Christopher McDonald |
| 2:2023cv00092 |
| July 19, 2023 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| Candace J Smith |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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Filing 18
ORDER APPROVING PERMANENT INJUNCTION BY CONSENT ON TRADEMARK AND TELEPHONE NUMBER ISSUES AND DISMISSING BALANCE OF CASE WITHOUT PREJUDICE. Permanent Injunction on Trademark Issues. Pursuant to 15 U.S.C. 1116,Custom Logistics, LTD and Christopher McDonald ( collectively "Defendants") and their officers, agents, servants, employees and attorneys, and those persons in active concert or participating with Defendants who receive actual notice of this order by personal service or otherwise are permanently enjoined from engaging in the following acts in Kentucky and the United States or in foreigncommerce: a. Using United States Patent and Trademark Registration Number 5626492 registered December 11, 2018 for the mark DPF ALTERNATIVES, SUPERIOR EMISSIONS SOLUTIONS and design (the "Mark"). 2. Within 28 days of DPF Alternatives, LLC's provision of telephone number porting instructions, Defendants must perform all reasonably necessary requirements to assign to DPF Alternatives, LLC telephone number. 3. The remainder of this case, including the covenant not to compete issue, is dismissed without prejudice, each party to pay their own costs and attorney's fees. Signed by Judge David L. Bunning on 09/15/2023.(SLG)cc: COR
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VIRTUAL ORDER: The Court's prior Order 15 is hereby STRICKEN from the docket, to be replaced by a separate Order to be entered concurrently herewith. Signed by Judge David L. Bunning on 09/15/2023.(SLG)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #17 JOINT MOTION re #14 MOTION for Permanent Injunction by DPF Alternatives, LLC (Stipulated) by Consent on Trademark and Telephone Number Issues MOTION to Dismiss by DPF Alternatives, LLC (Stipulated) the Balance of the Case without Pr (ECO) |
| Filing 17 JOINT MOTION to Substitute Stipulated Motion re #14 MOTION for Permanent Injunction by DPF Alternatives, LLC (Stipulated) by Consent on Trademark and Telephone Number Issues MOTION to Dismiss by DPF Alternatives, LLC (Stipulated) the Balance of the Case without Prejudice by DPF Alternatives, LLC and Proposed Order regarding same [14.1] with Correct Pleadings and to Strike Order Entered by the Court 15 . (Attachments: #1 Exhibit A-Stipulated Motion, #2 Exhibit B-Order Approving)(Lind, James) Modified text on 8/23/2023 (ECO). |
| Filing 16 REPORT on the filing or determination of an action regarding cc: form e-mailed to Register. (TJZ) |
| Filing 14 MOTION for Permanent Injunction by DPF Alternatives, LLC (Stipulated) by Consent on Trademark and Telephone Number Issues, MOTION to Dismiss by DPF Alternatives, LLC (Stipulated) the Balance of the Case without Prejudice (Attachments: #1 Proposed Order)(Lind, James) |
| Filing 13 NOTICE of Settlement by Custom Logistics, Ltd., Christopher McDonald (Jolley, Tyler) |
| ***MOTION SUBMITTED TO CHAMBERS of David L. Bunning for review: re #14 MOTION for Permanent Injunction by DPF Alternatives, LLC (Stipulated) by Consent on Trademark and Telephone Number Issues MOTION to Dismiss by DPF Alternatives, LLC (Stipulated) the Balance of the Case without Prejudice (TJZ) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Harold R. Bruno III: re 11 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Harold R. Bruno III (TJZ) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Gianna C. Rossi: re 12 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Gianna C. Rossi (TJZ) |
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Filing 12
VIRTUAL ORDER: granting #10 MOTION for Gianna C. Rossi to Appear Pro Hac Vice on behalf of Plaintiff DPF Alternatives, LLC, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 8/9/2023. (TJZ)cc: COR, Gianna C. Rossi via US Mail
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Filing 11
VIRTUAL ORDER: granting #9 MOTION for Harold R. Bruno III to Appear Pro Hac Vice on behalf of Plaintiff DPF Alternatives, LLC, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 8/9/2023. (TJZ)cc: COR, Harold R. Bruno, III via US Mail
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #10 MOTION for Gianna C. Rossi to Appear Pro Hac Vice by DPF Alternatives, LLC ( Filing fee $125; receipt number AKYEDC-5618983), #9 MOTION for Harold R. Bruno III to Appear Pro Hac Vice by DPF Alternatives, LLC ( Filing fee $125; receipt number AKYEDC-5618977) (TJZ) |
| BAR STATUS Check completed re #10 MOTION for Gianna C. Rossi to Appear Pro Hac Vice by DPF Alternatives, LLC ( Filing fee $125; receipt number AKYEDC-5618983), #9 MOTION for Harold R. Bruno III to Appear Pro Hac Vice by DPF Alternatives, LLC ( Filing fee $125; receipt number AKYEDC-5618977). (TJZ) |
| Filing 10 MOTION for Gianna C. Rossi to Appear Pro Hac Vice by DPF Alternatives, LLC ( Filing fee $125; receipt number AKYEDC-5618983)Motions referred to Candace J. Smith. (Attachments: #1 Attachment Rossi Declaration, #2 Proposed Order)(Lind, James) |
| Filing 9 MOTION for Harold R. Bruno III to Appear Pro Hac Vice by DPF Alternatives, LLC ( Filing fee $125; receipt number AKYEDC-5618977)Motions referred to Candace J. Smith. (Attachments: #1 Attachment Bruno Declaration, #2 Proposed Order)(Lind, James) |
| Filing 8 AFFIDAVIT of Service for Complaint and Demand for Injunctive Relief served on Christopher McDonald on July 21, 2023, filed by DPF Alternatives, LLC. Answer due 8/11/2023. (Lind, James) Modified text on 7/31/2023 (TJZ). |
| Filing 7 AFFIDAVIT of Service for Complaint and Demand for Injunctive Relief served on Custom Logistics Ltd. on July 21, 2023, filed by DPF Alternatives, LLC. Answer due 8/11/2023. (Lind, James) Modified text on 7/31/2023 (TJZ). |
| Filing 6 REPORT on the filing or determination of an action regarding re #1 Complaint, cc: form e-mailed to Register. (ECO) |
| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by DPF Alternatives, LLC. (Lind, James) Modified on 7/21/2023 (ECO). |
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Filing 4
STANDING REFERRAL ORDER: 1. That this case be, and it is, hereby referred to the assigned United States Magistrate Judge at Covington to supervise discovery and pretrial proceedings. Unless otherwise ordered by the Court, the case will revert back to the undersigned to hold the final pretrial conference and trial. 2. That, in connection with such reference, the said Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, pursuant to 28 U.S.C. 636(b)(1), except motions in limine. See Brown v. Wesleys Quaker Maid, Inc., 771 F.2d 952 (6th Cir. 1985). Dispositive motions and motions in limine will be referred by the Clerk of this Court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will also be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 U.S.C. 636(c). 3. Discovery disputes shall be resolved in the following manner: (1) Parties shall meet/or confer in an attempt to resolve disputes between themselves, without judicial intervention; (2) if the parties are unable to resolve such disputes informally, they shall attempt to resolve their disagreement by telephone conference with the Magistrate Judge; (3) if, and only if, the parties are unable to resolve their disputes after conference with theMagistrate Judge, they may file appropriate written motions with the Court. Written motionsregarding discovery shall include the certification required by Local Rule 37.1.. Signed by Judge David L. Bunning on 1/13/2011.(ECO)cc: COR
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| Filing 3 Summons Issued as to Custom Logistics, Ltd., Christopher McDonald and returned to counsel electronically for service. (ECO) |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5606196), filed by DPF Alternative, LLC. (Attachments: #1 Exhibit Registration Certification, #2 Civil Cover Sheet, #3 Summons Custom Logistics, #4 Summons Christopher McDonald)(ECO) |
| Conflict Check run. (ECO) |
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