Nursing CE Central LLC v. Colibri Healthcare, LLC
Plaintiff: Nursing CE Central LLC
Defendant: Colibri Healthcare, LLC
Case Number: 5:2023cv00232
Filed: August 4, 2023
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Danny C Reeves
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1051 Trademark Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2023 Opinion or Order Filing 30 NOTICE OF APPEARANCE by Colibri Healthcare, LLC. (Graves, Trevor)
October 2, 2023 Opinion or Order Attorney Update. Attorney Michael S. Hargis for Colibri Healthcare, LLC,Michael S. Hargis for Colibri Healthcare, LLC added. (JLM)
September 21, 2023 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #29 Notice (JLM)
September 20, 2023 Opinion or Order Filing 29 NOTICE by Nursing CE Central LLC re #28 NOTICE OF APPEARANCE Notice of Withdrawal of Counsel Zachary Bahorik, Paul Linden and Ava Abner (Bahorik, Zachary)
September 15, 2023 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Nursing CE Central LLC. (Francis, James)
September 13, 2023 Opinion or Order Filing 27 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Nursing CE Central LLC by Colibri Healthcare, LLC. (Attachments: #1 Exhibit A - Email Correspondence with Google, #2 Exhibit B - Screenshot of Google Results Page)(Wilson, J.)
August 28, 2023 Opinion or Order Filing 26 VIRTUAL ORDER: GRANTING #25 MOTION for Extension of Time by Colibri Healthcare, LLC. By agreement of the parties, time within defendant may respond to Complaint is extended through 9/13/23. Signed by Judge Danny C. Reeves on 8/28/2023.(GLD)cc: COR
August 28, 2023 Opinion or Order Filing 25 MOTION for Extension of Time by Colibri Healthcare, LLC (Attachments: #1 Proposed Order)(Horan, Jennifer)
August 24, 2023 Opinion or Order Filing 24 MEMORANDUM OPINION & ORDER: Plaintiff Nursing CE Central LLC's Motion for Temporary Restraining Order and Preliminary Injunction [Record No. #5 ] is DENIED. Signed by Judge Danny C. Reeves on 8/24/23.(JLM)cc: COR
August 22, 2023 Opinion or Order Filing 23 FIRST TRANSCRIPT of Proceedings: MOTION HEARING held on 8/16/2023 before Judge Danny C. Reeves. Court Reporter: Lauren Gootee, Telephone number 8594697459. Transcript ordered by: SAMUEL C. MERRITT. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/15/2023. Redacted Transcript Deadline set for 9/25/2023. Release of Transcript Restriction set for 11/27/2023. (Main Document 23 replaced on 8/23/2023) (STC). Modified on 8/23/2023 (STC).
August 17, 2023 Opinion or Order Filing 21 ORDER: granting #20 Motion to Appear Pro Hac Vice for J. Mark Wilson. Signed by Judge Danny C. Reeves on 8/17/23. (JLM)cc: COR and J. Mark Wilson by U.S. mail
August 17, 2023 Opinion or Order NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to J. Mark Wilson: re #21 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 J. Mark Wilson (JLM)
August 17, 2023 Opinion or Order BAR STATUS Check completed as to J. Mark Wilson re #20 MOTION for J. Mark Wilson to Appear Pro Hac Vice by Colibri Healthcare, LLC ( Filing fee $125; receipt number AKYEDC-5626789). (JLM)
August 16, 2023 Opinion or Order Filing 22 MINUTE ENTRY ORDER FOR HEARING ON MOTION FOR PRELIMINARY INJUNCTION AND RESTRAINING ORDER before Judge Danny C. Reeves: The parties stated their respective position on the plaintiff's motion for a preliminary injunction and restraining order [Record No. #5 ]. Being sufficiently advised, it is hereby ORDERED that the plaintiff's motion for a preliminary injunction and restraining order [Record No. #5 ] is TAKEN UNDER ADVISEMENT. (Court Reporter Lauren Gootee.) Signed by Judge Danny C. Reeves. (JLM)cc: COR and attys Merritt and Wilson by U.S. mail
August 16, 2023 Opinion or Order Motions Taken Under Advisement: #5 MOTION for Preliminary Injunction by Nursing CE Central LLC MOTION for Temporary Restraining Order. (DC)
August 16, 2023 Opinion or Order Filing 20 MOTION for J. Mark Wilson to Appear Pro Hac Vice by Colibri Healthcare, LLC ( Filing fee $125; receipt number AKYEDC-5626789) (Attachments: #1 Proposed Order)(Horan, Jennifer)
August 16, 2023 Opinion or Order Filing 19 FRCP 7.1 DISCLOSURE STATEMENT by Colibri Healthcare, LLC identifying Corporate Parent McKissock, LLC for Colibri Healthcare, LLC.. (Horan, Jennifer)
August 16, 2023 Opinion or Order Filing 18 NOTICE TO ATTORNEY J. Mark Wilson 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)
August 16, 2023 Opinion or Order BAR STATUS Check completed as to Samuel C. Merritt re #14 MOTION for Samuel C. Merritt to Appear Pro Hac Vice by Colibri Healthcare, LLC ( Filing fee $125; receipt number AKYEDC-5625870). (JLM)
August 16, 2023 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #16 Response in Opposition to Motion, (JLM)
August 16, 2023 Opinion or Order Attorney Update. Attorney J. Mark Wilson for Colibri Healthcare, LLC added. (JLM)
August 16, 2023 Opinion or Order NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Samuel C. Merritt: re 17 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 Samuel C. Merritt (JLM)
August 15, 2023 Opinion or Order Filing 17 VIRTUAL ORDER: granting #14 Motion to Appear Pro Hac Vice for Samuel C. Merritt by Colibri Healthcare, LLC. Signed by Judge Danny C. Reeves on 8/15/23. (JLM)cc: COR
August 15, 2023 Opinion or Order Filing 16 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction by Nursing CE Central LLC MOTION for Temporary Restraining Order filed by Colibri Healthcare, LLC. (Attachments: #1 Exhibit Declaration, #2 Exhibit Marks C & E, #3 Exhibit Elite C & E, #4 Exhibit Elite C & E, #5 Exhibit Central C & E, #6 Exhibit Central C & E)(Horan, Jennifer)
August 15, 2023 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Colibri Healthcare, LLC. (Ingle, Jay)
August 15, 2023 Opinion or Order Filing 14 MOTION for Samuel C. Merritt to Appear Pro Hac Vice by Colibri Healthcare, LLC ( Filing fee $125; receipt number AKYEDC-5625870) (Attachments: #1 Proposed Order)(Horan, Jennifer)
August 15, 2023 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Colibri Healthcare, LLC. (Horan, Jennifer)
August 11, 2023 Opinion or Order Filing 12 AFFIDAVIT of Service for Verified Complaint, Motion for Temporary Restraining Order and Preliminary Injunction, and Order setting Preliminary Injunction Hearing. served on Corporation Service Company (CSC) on behalf of Colibri Healthcare, LLC on 8/9/2023, filed by Nursing CE Central LLC. (Bahorik, Zachary)
August 11, 2023 Opinion or Order Filing 11 ORDER: granting #9 Motion to Appear Pro Hac Vice for Pau J. Linden; granting #10 Motion to Appear Pro Hac Vice for Ava M. Abner. Signed by Judge Danny C. Reeves on 8/11/2023. (STC)cc: COR
August 11, 2023 Opinion or Order NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Ava Abner: 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 Ava Abner (STC)
August 11, 2023 Opinion or Order BAR STATUS Check completed as to Paul Jason Linden, Ava M. Abner re #10 MOTION for Ava M. Abner to Appear Pro Hac Vice by Nursing CE Central LLC ( Filing fee $125; receipt number AKYEDC-5622693), #9 MOTION for Paul J. Linden to Appear Pro Hac Vice by Nursing CE Central LLC ( Filing fee $125; receipt number AKYEDC-5622692). (STC)
August 10, 2023 Opinion or Order Filing 10 MOTION for Ava M. Abner to Appear Pro Hac Vice by Nursing CE Central LLC ( Filing fee $125; receipt number AKYEDC-5622693) (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - Certificate of Good Standing, #3 Exhibit 3 - Text of Proposed Order)(Bahorik, Zachary)
August 10, 2023 Opinion or Order Filing 9 MOTION for Paul J. Linden to Appear Pro Hac Vice by Nursing CE Central LLC ( Filing fee $125; receipt number AKYEDC-5622692) (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - Certificate of Good Standing, #3 Exhibit 3 - Text of Proposed Order)(Bahorik, Zachary)
August 7, 2023 Opinion or Order Filing 8 ORDER re #5 MOTION for Preliminary Injunction filed by Nursing CE Central LLC: MOTION HEARING set for 8/16/2023 at 01:00 PM in LEXINGTON before Judge Danny C. Reeves. Counsel for the plaintiff is directed to make his best efforts to inform the defendant concerning the date, time, location, and nature of the hearing. Signed by Judge Danny C. Reeves on 8/7/23.(JLM)cc: COR,D
August 7, 2023 Opinion or Order Filing 7 Summons Issued as to Colibri Healthcare, LLC and returned to counsel electronically for service. (KCF)
August 7, 2023 Opinion or Order Filing 6 REPORT on the filing or determination of an action regarding re #1 Complaint. cc: form e-mailed to Register. (KCF)
August 4, 2023 Opinion or Order Filing 5 MOTION for Preliminary Injunction by Nursing CE Central LLC (Attachments: #1 Proposed Order for TRO and Preliminary Injunction)(Bahorik, Zachary). Added MOTION for Temporary Restraining Order on 8/9/2023 (STC).
August 4, 2023 Opinion or Order Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Nursing CE Central LLC. (Bahorik, Zachary)
August 4, 2023 Opinion or Order Filing 3 NOTICE OF FILING by Nursing CE Central LLC (Bahorik, Zachary)
August 4, 2023 Opinion or Order Filing 1 COMPLAINT. (Filing fee $402; receipt number AKYEDC-5618162), filed by Nursing CE Central LLC. (Attachments: #1 Exhibit Patent and Trademark Cert, #2 Exhibit Trademark Application, #3 Exhibit Trademark Application 2, #4 Exhibit Google Results, #5 Civil Cover Sheet)(KCF) Modified text on 8/4/2023 (KCF).
August 4, 2023 Opinion or Order Conflict Check run. (KCF)
August 4, 2023 Opinion or Order NOTICE OF DEFICIENCY TO Zacharay D. Bahorik re #1 Complaint; Attorney notified clerk the summons should be returned via electronically; however, a prepared summons was not attached to the electronic filing of the complaint in the fictitious miscellaneous case number 23-99999. A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing a document entitled Notice of Filing with the prepared summons as an attachment within 7 calendar days. cc: COR (KCF)
August 4, 2023 Opinion or Order NOTICE OF DOCKET MODIFICATION TO Zacharay D. Bahorik re #1 Complaint; Error: Exhibits 1-4 were filed as one attachment; Entry by Attorney; Each exhibit must be filed as a separate attachment with a clear and concise description; Clerk attached each exhibit as a separate attachment with appropriate description. In the future, attach each exhibit separately and name each attachment appropriately. No further action required by counsel. cc: COR (KCF)

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Plaintiff: Nursing CE Central LLC
Represented By: Zachary D. Bahorik
Represented By: Ava M. Abner
Represented By: James M. Francis
Represented By: Paul Jason Linden
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Defendant: Colibri Healthcare, LLC
Represented By: Samuel Clinton Merritt
Represented By: Jay Edward Ingle
Represented By: Jennifer L. Horan
Represented By: Trevor T. Graves
Represented By: J. Mark Wilson
Represented By: Michael S. Hargis
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