Delta T, LLC v. AmeriWind
| Delta T, LLC doing business as Big Ass Fans |
| AmeriWind |
| 5:2021cv00028 |
| January 27, 2021 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| Trademark |
| 15 U.S.C. ยง 1051 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2021. A more recent docket listing may be available from PACER.
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| Filing 15 REPORT on the filing or determination of an action regarding Trademark re #14 Order cc: form e-mailed to Register. (KM) |
Filing 14
ORDER: 1. The hearing previously scheduled for 3/12/2021 is CANCELED. Counsel for plaintiff is DIRECTED to notify the defendant of the cancellation of the hearing previously set for 3/12/2021; 2. This matter is DISMISSED, without prejudice, and STRICKEN from the Court's docket. Signed by Judge Danny C. Reeves on 3/10/2021.(KM)cc: COR,D
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| Filing 13 NOTICE of Voluntary Dismissal by Delta T, LLC (Attachments: #1 Proposed Order)(Graves, Trevor) |
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Filing 12
ORDER re #11 Letter. The Clerk of the Court is directed to provide a copy of this Order and to notify the filer of Record No. 11 that the hearing in this matter will proceed as scheduled on Friday, March 12, 2021. Signed by Judge Danny C. Reeves on 3/9/21.(JLM)cc: COR, Richard L. Schwartz and Kevin Hoover by US Mail
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| Filing 11 Letter from Kevin Hoover, Ameriwind requesting to attend hearing on 3/12/2021 via telephone or zoom. (Attachments: #1 Envelope USP 2nd day Air) (GLD) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #11 Letter (GLD) |
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Filing 10
ORDER: granting #9 Motion to Appear Pro Hac Vice of Richard L. Schwartz for plaintiff. Signed by Judge Danny C. Reeves on 2/25/2021. (GLD)cc: COR, Richard L. Schwartz w/ecf registration
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| BAR STATUS Check completed as to Richard L. Schwartz re #9 FIRST MOTION for Richard L. Schwartz to Appear Pro Hac Vice by Delta T, LLC ( Filing fee $125; receipt number 0643-4904576). (GLD) |
| Filing 9 FIRST MOTION for Richard L. Schwartz to Appear Pro Hac Vice by Delta T, LLC ( Filing fee $125; receipt number 0643-4904576) (Attachments: #1 Affidavit Richard Schwartz, #2 Exhibit Certificate of Good Standing Texas, #3 Exhibit Certificate of Good Standing Texas1, #4 Exhibit Certificate of Good Standing Colorado, #5 Proposed Order)(Graves, Trevor) |
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Filing 8
ORDER: Plaintiff Delta T, LLC has tendered an Agreed Motion for Entry of Final Judgment in its favor. [Record No. #7 ] However, Defendant AmeriWind has not entered an appearance in this matter and does not appear to be represented by counsel. Accordingly, it is necessary for the Court to conduct a hearing to ensure that both parties have entered into the agreement knowingly and voluntarily. Therefore, it is hereby ORDERED that this matter is set for a hearing on 3/12/2021 at 11:00 AM in LEXINGTON before Judge Danny C. Reeves. Counsel for Delta T, LLC and Kevin Hoover, as representative of AmeriWind, are required to attend. Signed by Judge Danny C. Reeves on 2/19/21.(JLM)cc: COR,D,and Kevin Hoover by US Mail
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| Filing 7 FIRST MOTION for Settlement by Delta T, LLC (Attachments: #1 Proposed Order)(Graves, Trevor) |
| Filing 6 REPORT on the filing or determination of an action regarding re #1 Complaint, cc: form e-mailed to Register. (JER) |
| Filing 5 FIRST FRCP 7.1 DISCLOSURE STATEMENT by Delta T, LLC. (Graves, Trevor) |
| Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Trevor T. Graves. #1 Complaint,,, has been filed by Delta T, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (JER) |
| Filing 2 Summons Issued as to AmeriWind; Summons issued and returned to counsel electronically (JER) |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number 0643-4881476), filed by Delta T, LLC. (Attachments: #1 Exhibit 1, BAF Website, #2 Exhibit 2, BAF Mark, #3 Exhibit 3, Industry Articles, #4 Exhibit 4, Industry Awards, #5 Exhibit 5, '569 TM Reg., #6 Exhibit 6, '676, '233, '247, '034 TM Regs., #7 Exhibit 7, Defendant's website, #8 Exhibit 8, Specific pages from Defendant's website, #9 Exhibit 9, Evidence of sales to KY residents, #10 Exhibit 10, Video screen shots, #11 Exhibit 11, Defendant's FACEBOOK page, #12 Exhibit 12, Hoover FACEBOOK page, #13 Exhibit 13, Exhibit Hoover LINKEDIN page, #14 Exhibit 14, Real estate records, #15 Exhibit 15, Defendant product archives, #16 Exhibit 16, Pennsylvania Secretary of State page, #17 Civil Cover Sheet, #18 Summons)(JER) |
| Conflict Check run. (JER) |
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| Defendant: AmeriWind | |
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| Plaintiff: Delta T, LLC doing business as Big Ass Fans | |
| Represented By: | Trevor T. Graves |
| Represented By: | Andrew D. Dorisio |
| Represented By: | Richard L. Schwartz |
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