Rotech Healthcare, Inc. v. Conn et al
Plaintiff: Rotech Healthcare, Inc.
Defendant: Stephen Conn, Tabitha Fultz, Malena Sanders and Total Respiratory & Rehab, Inc.
Case Number: 6:2023cv00193
Filed: October 27, 2023
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Hanly A Ingram
Referring Judge: Robert E Wier
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2023 Filing 11 WAIVER OF SERVICE Returned Executed by Rotech Healthcare, Inc.. Total Respiratory & Rehab, Inc. waiver sent on 10/30/2023, answer due 1/2/2024. (Lemly, Benjamin)
November 30, 2023 Filing 10 WAIVER OF SERVICE Returned Executed by Rotech Healthcare, Inc.. Malena Sanders waiver sent on 10/30/2023, answer due 1/2/2024. (Lemly, Benjamin)
November 30, 2023 Filing 9 WAIVER OF SERVICE Returned Executed by Rotech Healthcare, Inc.. Tabitha Fultz waiver sent on 10/30/2023, answer due 1/2/2024. (Lemly, Benjamin)
November 30, 2023 Filing 8 WAIVER OF SERVICE Returned Executed by Rotech Healthcare, Inc.. Stephen Conn waiver sent on 10/30/2023, answer due 1/2/2024. (Lemly, Benjamin)
November 7, 2023 Opinion or Order Filing 7 ORDER: granting #6 Motion to Appear Pro Hac Vice for William S. Rutchow. Signed by Magistrate Judge Hanly A. Ingram on 11/07/2023. (JCP)cc: COR
November 7, 2023 ***FILE SUBMITTED TO CHAMBERS of Judge Ingram for review: Bar Status Check completed, #6 MOTION for William S. Rutchow to Appear Pro Hac Vice by Rotech Healthcare, Inc. ( Filing fee $125; receipt number AKYEDC-5690605) (JCP)
November 7, 2023 BAR STATUS Check completed as to William S. Rutchow re #6 MOTION for William S. Rutchow to Appear Pro Hac Vice by Rotech Healthcare, Inc. (JCP)
November 6, 2023 Filing 6 MOTION for William S. Rutchow to Appear Pro Hac Vice by Rotech Healthcare, Inc. ( Filing fee $125; receipt number AKYEDC-5690605)Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Lemly, Benjamin)
October 27, 2023 Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Rotech Healthcare, Inc. identifying Corporate Parents Rotech Healthcare Holdings, Inc., Silverpoint Capital Capital Resources, Venor Capital for Rotech Healthcare, Inc. (Lemly, Benjamin) Modified text and added Silverpoint Capital Capital Resources and Venor Capital as Corporate Parents on 10/30/2023 (APR).
October 27, 2023 Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Benjamin Paul Lemly. #1 Complaint, has been filed by Rotech Healthcare, Inc. 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 (APR)
October 27, 2023 Opinion or Order Filing 3 STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (APR)cc: COR
October 27, 2023 Filing 1 COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $402; receipt number AKYEDC-5684310), filed by Rotech Healthcare, Inc. (Attachments: #1 Exhibit 1 - Conn Agreement, #2 Exhibit 2 - Fultz Agreement, #3 Exhibit 3 - Sanders Agreement, #4 Civil Cover Sheet)(APR)
October 27, 2023 Conflict Check run. (APR)

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Plaintiff: Rotech Healthcare, Inc.
Represented By: Benjamin Paul Lemly
Represented By: William S. Rutchow
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Defendant: Stephen Conn
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Defendant: Tabitha Fultz
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Defendant: Malena Sanders
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Defendant: Total Respiratory & Rehab, Inc.
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