Liv Health LLC v. Healthgevity, LLC et al
| Liv Health LLC doing business as InfiniWell |
| Healthgevity, LLC and Michael Antonelli |
| 5:2023cv00022 |
| February 1, 2023 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| Gregory F VanTatenhove |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 NOTICE TO ATTORNEY Sean M. Whyte by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 Admission Pkt)(JLM) |
Filing 18
ORDER: Pltf's #15 amended motion for a TRO and hearing is DENIED. This case is related to an action currently pending before Hon. Gregory Van Tatenhove (EDKY 5:22-cv-121-GFVT). The Court ORDERS that this matter is TRANSFERRED to Judge Van Tatenhove for all further proceedings. Signed by Judge Karen K. Caldwell on 2/14/2023.(SLH)cc: COR
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| Attorney Update. Attorney Courtney L. Lutz,Sean M. Whyte for Michael Antonelli,Courtney L. Lutz,Sean M. Whyte for Healthgevity, LLC added. (JLM) |
| Filing 17 FRCP 7.1 DISCLOSURE STATEMENT by Michael Antonelli, Healthgevity, LLC. (Lutz, Courtney) |
| Filing 16 RESPONSE in Opposition re #15 SECOND MOTION for Temporary Restraining Order by Liv Health LLC filed by Michael Antonelli, Healthgevity, LLC. (Attachments: #1 Attachment Asset Purchase Agreement, #2 Attachment DEAL Media Agreement, #3 Attachment Consulting Agreement, #4 Attachment Continuing Security Agreement, #5 Attachment Secured Term Promissory Note, #6 Attachment DNA Health's Amended Complaint, #7 Attachment Email from Delk to Antonelli, #8 Attachment Email from Whyte to Delk, #9 Attachment DNA Health (KY) Articles of Incorp, #10 Attachment Depo of Delk, #11 Attachment Liv Assumed Name DNA Health, #12 Attachment DNA Health Trademark, #13 Attachment Declaration of Antonelli, #14 Attachment Email from Scanlon to Antonelli)(Lutz, Courtney) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #15 SECOND MOTION for Temporary Restraining Order by Liv Health LLC (JLM) |
| Filing 15 SECOND MOTION for Temporary Restraining Order by Liv Health LLC (Attachments: #1 Memorandum in Support Memo in Support of Amended Motion for TRO, #2 Exhibit Affidavit of Michael Scanlon in Support of Motion for TRO, #3 Proposed Order Proposed Order Granting TRO)(Paul, Bruce) Modified to term motion on 2/14/2023 (SLH). |
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Filing 14
ORDER: granting #11 Motion to Appear Pro Hac Vice for Tyler DiMarino. Signed by Judge Karen K. Caldwell on 2/6/23. (JLM)cc: COR
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Filing 13
ORDER: granting #10 Motion to Appear Pro Hac Vice for Bradley W. Howard. Signed by Judge Karen K. Caldwell on 2/6/23. (JLM)cc: COR
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| BAR STATUS Check completed re #10 MOTION for Bradley W. Howard to Appear Pro Hac Vice by Liv Health LLC ( Filing fee $125; receipt number AKYEDC-5469934), #11 MOTION for Tyler DiMarino to Appear Pro Hac Vice by Liv Health LLC ( Filing fee $125; receipt number AKYEDC-5469966). (JLM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #10 MOTION for Bradley W. Howard to Appear Pro Hac Vice by Liv Health LLC ( Filing fee $125; receipt number AKYEDC-5469934), #11 MOTION for Tyler DiMarino to Appear Pro Hac Vice by Liv Health LLC ( Filing fee $125; receipt number AKYEDC-5469966) (JLM) |
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Filing 12
ORDER: The Court ORDERS that plaintiff's #8 FIRST MOTION for Temporary Restraining Order is DENIED. It may reassert this motion or a motion for preliminary injunctive relief, as appropriate. Signed by Judge Karen K. Caldwell on 2/3/2023.(GLD)cc: COR
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| Filing 11 MOTION for Tyler DiMarino to Appear Pro Hac Vice by Liv Health LLC ( Filing fee $125; receipt number AKYEDC-5469966) (Attachments: #1 Exhibit Ex. A - TX Supreme Court Good Standing, #2 Exhibit Ex. B - TX Bar Good Standing, #3 Proposed Order)(Paul, Bruce) |
| Filing 10 MOTION for Bradley W. Howard to Appear Pro Hac Vice by Liv Health LLC ( Filing fee $125; receipt number AKYEDC-5469934) (Attachments: #1 Exhibit Ex. A - TX Supreme Court Good Standing, #2 Exhibit Ex. B - TX State Bar Good Standing, #3 Proposed Order)(Paul, Bruce) |
| Filing 9 REPORT on the filing or determination of an action regarding re #1 Complaint, cc: form e-mailed to Register. (KCF) |
| NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: Attorney Notice. The deleted document was entered on 02/02/2023. Document deleted because docket was entered into wrong case. *SC* cc: COR (KCF) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #8 FIRST MOTION for Temporary Restraining Order by Liv Health LLC (JLM) |
| Filing 8 FIRST MOTION for Temporary Restraining Order by Liv Health LLC (Attachments: #1 Memorandum in Support of Motion for TRO, #2 Affidavit of Michael Scanlon in Support of Motion for TRO, #3 Proposed Order Granting TRO)(Paul, Bruce) |
| Filing 7 FIRST FRCP 7.1 DISCLOSURE STATEMENT by Liv Health LLC. (Paul, Bruce) |
| Filing 6 NOTICE TO ATTORNEY Tyler DiMarino by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 Joint Local Rules)(KCF) |
| Filing 5 NOTICE TO ATTORNEY Bradley W. Howard by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 Joint Local Rules)(KCF) |
| Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Bruce Paul, Peter Rosene, Kevin Chlarson, Bradley W. Howard, Tyler DiMarino. #1 Complaint, has been filed by Liv Health 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 (KCF) |
| Filing 3 Summons Issued as to Michael Antonelli, Healthgevity, LLC; Summons issued and returned to counsel electronically. (Attachments: #1 Summons Michael Antonelli)(KCF) |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5467850), filed by Liv Health LLC. (Attachments: #1 Exhibit Cease & Desist Letter, #2 Exhibit Email from Sean Whyte to Brad Howard, #3 Declaration of Michael Scanlon, #4 Summons Healthgevity, #5 Summons Michael Antonelli, #6 Civil Cover Sheet)(KCF) |
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