Heaven Hill Distilleries, Inc. v. Heaven's Door Spirits, LLC
Plaintiff: Heaven Hill Distilleries, Inc.
Defendant: Heaven's Door Spirits, LLC
Case Number: 3:2018cv00556
Filed: August 17, 2018
Court: US District Court for the Western District of Kentucky
Office: Louisville Office
County: Nelson
Presiding Judge: David J Hale
Referring Judge: Colin H Lindsay
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 29, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2018 Opinion or Order Filing 31 ORDER for proceedings held before Magistrate Judge Colin H. Lindsay. Telephonic Status Conference held on 11/27/2018. Expert Witness (Defendant) due by 1/14/2019. Fact Discovery due by 2/25/2019. Expert Discovery due by 3/18/2019. Telephonic Status Conference set for 1/16/2019 at 11:00 AM before Magistrate Judge Colin H. Lindsay. Parties shall comply as set forth in Order. cc: Counsel (MEJ)
November 1, 2018 Opinion or Order Filing 30 ORDER by Magistrate Judge Colin H. Lindsay on 10/31/2018 - Parties are to produce all documents by 11/30/2018. Expert Witness (Defendant) due by 11/30/2018. Fact Depositions due by 1/11/2019. Expert Depositions due by 2/1/2019. Response to Plaintiff's Motion for Preliminary Injunction due by 2/22/2019. Plaintiff's Reply in Support of Motion for Preliminary Injunction due by 3/8/2019. The remaining requirements of the Court's September 26, 2018 Scheduling Order (DN 11) remain in full effect. Telephonic Conference set for 11/27/2018 10:30 AM before Magistrate Judge Colin H. Lindsay. The Court shall initiate the call. cc: Counsel (DAK)
November 1, 2018 Opinion or Order Filing 29 ORDER by Magistrate Judge Colin H. Lindsay on 10/31/2018: The Parties' motion to enter the Mutual Confidentiality Agreement and Agreed Protective Order #20 is DENIED.cc: counsel (JM)
October 26, 2018 Filing 28 Proposed Agreed Order/Stipulation by Heaven's Door Spirits, LLC. (Sparks, Andrew)
October 17, 2018 Opinion or Order Filing 27 ORDER by Judge David J. Hale on 10/16/2018 - Judge Lindsay shall conduct a telephonic conference in November 2018 to discuss the status of discovery. Judge Lindsay is further authorized to conduct a settlement conference in this matter. cc: Counsel, USMJ Lindsay-CM (DAK)
October 11, 2018 Filing 26 NOTICE of Filing by Heaven's Door Spirits, LLC (Sparks, Andrew)
October 11, 2018 Filing 25 NOTICE of Filing by Heaven's Door Spirits, LLC re #24 Answer to Complaint (Attachments: #1 Appendix corrected sig. page to Answer) (Sparks, Andrew)
October 10, 2018 Filing 24 ANSWER to #1 Complaint,, by Heaven's Door Spirits, LLC. (Sparks, Andrew) (Main Document 24 replaced on 10/11/2018) (MEJ).
October 9, 2018 Opinion or Order Filing 23 TEXT ORDER Signed by Judge David J. Hale on 10/9/2018 granting #16 Motion for Howard Hogan to Appear Pro Hac Vice ; granting #17 Motion for Brian Ascher to Appear Pro Hac Vice ; granting #18 Motion for Orin Snyder to Appear Pro Hac Vice ; granting #19 Motion for Lee Crain to Appear Pro Hac Vice ; granting #22 Amended Motion for Howard Hogan to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
October 4, 2018 Filing 22 Amended MOTION for Howard Hogan to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2729044. by Defendant Heaven's Door Spirits, LLC (Attachments: #1 Affidavit, #2 Proposed Order) (Sparks, Andrew)
October 3, 2018 Filing 21 Corporate Disclosure Statement by Heaven's Door Spirits, LLC. (Sparks, Andrew)
October 3, 2018 Filing 20 Mutual Confidentiality Agreement and Agreed Protective Order by Heaven's Door Spirits, LLC. (Sparks, Andrew) Modified on 10/3/2018 - edited title for clarification. (DAK).
October 2, 2018 Filing 19 MOTION for Lee Crain to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2727418. by Defendant Heaven's Door Spirits, LLC (Attachments: #1 Affidavit, #2 Proposed Order) (Sparks, Andrew)
October 2, 2018 Filing 18 MOTION for Orin Snyder to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2727413. by Defendant Heaven's Door Spirits, LLC (Attachments: #1 Affidavit, #2 Proposed Order) (Sparks, Andrew)
October 2, 2018 Filing 17 MOTION for Brian Ascher to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2727408. by Defendant Heaven's Door Spirits, LLC (Attachments: #1 Affidavit, #2 Proposed Order) (Sparks, Andrew)
October 2, 2018 Filing 16 MOTION for Howard Hogan to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2727404. by Defendant Heaven's Door Spirits, LLC (Attachments: #1 Affidavit, #2 Proposed Order) (Sparks, Andrew)
September 26, 2018 Filing 15 ATTORNEY NOTICE of Deficiency issued to Orin Snyder re #10 Proposed Agreed Order/Stipulation. Attorney is not admitted to practice in the WDKY. Failure to comply will be brought to the attention of the Court. Response due by 10/10/2018. (JM)
September 26, 2018 Filing 14 ATTORNEY NOTICE of Deficiency issued to Attorney Lee R. Crain re #10 Proposed Agreed Order/Stipulation. Attorney not admitted to practice in the WDKY. Failure to comply will be brought to the attention of the Court. Response due by 10/10/2018. (JM)
September 26, 2018 Filing 13 ATTORNEY NOTICE of Deficiency issued to Attorney Howard S. Hogan re #10 Proposed Agreed Order/Stipulation. Attorney is not admitted to practice in the WDKY. Failure to comply will be brought to the attention of the Court. Response due by 10/10/2018. (JM)
September 26, 2018 Filing 12 ATTORNEY NOTICE of Deficiency issued to Attorney Brian C. Ascher re #10 Proposed Agreed Order/Stipulation: Attorney is not admitted to practice in the WDKY. Failure to comply will be brought to the attention of the Court. Response due by 10/10/2018. (JM)
September 26, 2018 Opinion or Order Filing 11 AGREED SCHEDULING ORDER by Judge David J. Hale on 9/26/2018: The parties shall serve written discovery requests targeted to the issues relevant to the resolution of Plaintiff's Motion Preliminary Injunction on or before Friday, 9/28/2018; The parties shall serve responses and objections to written discovery requests and Federal Rule of Civil Procedure 26 Initial Disclosures on or before Friday, 10/19/2018; The parties shall produce documents on or before Friday, 11/9/2018; Defendant shall disclose any expert witness who it intends to rely upon in responding to Plaintiff's Motion for Preliminary Injunction on or before Friday, 11/9/2018; The parties shall conduct all fact depositions on or before Friday, 12/21/2018; The parties shall conduct all expert depositions on or before Friday, 1/11/2019;Defendant shall file and serve its Response to Plaintiff's Motion #5 for Preliminary Injunction on or before Friday, 2/1/2019; Plaintiff shall file and serve its Reply in Support of Plaintiff's Motion for Preliminary Injunction on or before Friday, 2/15/2019. cc: counsel (JM)
September 25, 2018 Filing 10 Proposed Agreed Order/Stipulation by Heaven's Door Spirits, LLC. (Harvey, Kerry)
September 7, 2018 Opinion or Order Filing 9 AGREED ORDER EXTENDING DEFENDANT'S DEADLINE TO RESPOND TO PLAINTIFFS COMPLAINT AND MOTION FOR PRELIMINARY INJUNCTION by Judge David J. Hale on 9/7/2018: The deadline for the Defendant to file a Response to Plaintiff's Complaint and #5 Motion for Preliminary Injunction shall be extended to 10/10/2018. cc: counsel (JM)
September 6, 2018 Filing 8 Proposed Agreed Order/Stipulation re #1 , #5 by Heaven's Door Spirits, LLC. (Harvey, Kerry)
August 21, 2018 Filing 7 SUMMONS Returned Executed by Heaven Hill Distilleries, Inc.. Heaven's Door Spirits, LLC served on 8/20/2018, answer due 9/10/2018. (Brooker, Christopher)
August 17, 2018 Filing 6 NOTICE of Filing or Determination re:Patent or Trademark re #1 Complaint. (DJT)
August 17, 2018 Filing 5 MOTION for Preliminary Injunction by Plaintiff Heaven Hill Distilleries, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 to Inj. Motion - Declaration of Max L. Shapira, #3 Exhibit 2 to Inj. Motion - Heaven Hill's April 25, 2018 Cease and Desist Letter, #4 Exhibit 3 to Inj. Motion -- Expert Report of Hal Poret, #5 Exhibit 4 to Inj. Motion - Expert Report of Kenneth B. Germain, #6 Exhibit 5 to Inj. Motion - Screenshots Showing Prices of Jack Daniel's Products, #7 Exhibit 6 to Inj. Motion - Heaven's Door's Website "Sold Out Online" Screenshot, #8 Proposed Order) (DJT)
August 17, 2018 Filing 4 Summons Issued as to Heaven's Door Spirits, LLC. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (DJT)
August 17, 2018 Filing 3 Corporate Disclosure Statement by Heaven Hill Distilleries, Inc.. (DJT)
August 17, 2018 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. Magistrate Judge designation: Colin H. Lindsay. (DJT)
August 17, 2018 Filing 1 COMPLAINT against Heaven's Door Spirits, LLC Filing fee $ 400, receipt number 0644-2698761, filed by Heaven Hill Distilleries, Inc.. (Attachments: #1 Cover Sheet, #2 Exhibit 1 - Heaven Hill's Trademark Registration Certificates, #3 Exhibit 2 - Photographs Showing Heaven Hill's Use of the Heaven Hill Mark, #4 Exhibit 3 - Heaven's Door Application Serial Number 87/401,073 Filed with USPTO on April 6, 2017, #5 Exhibit 4 - Photographic Depictions Showing Defendant's Use of the Infringing Mark, #6 Exhibit 5 - Heaven Hill's April 25, 2018 Cease and Desist Letter, #7 Exhibit 6 - Expert Report of Hal Poret) (DJT)

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Plaintiff: Heaven Hill Distilleries, Inc.
Represented By: Christopher W. Brooker
Represented By: Matthew A. Williams
Represented By: Julie A. Laemmle
Represented By: Sean G. Williamson
Represented By: Julie L. Watts
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Defendant: Heaven's Door Spirits, LLC
Represented By: Kerry B. Harvey
Represented By: Orin S. Snyder
Represented By: Andrew L. Sparks
Represented By: Howard S. Hogan
Represented By: Lee R. Crain
Represented By: Brian C. Ascher
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