Ruggers, Inc. v. United States of America Rugby Football Union, Ltd.
Ruggers, Inc. |
United States of America Rugby Football Union, Ltd. |
3:2009cv30051 |
March 30, 2009 |
US District Court for the District of Massachusetts |
Contract: Other Office |
Hampden |
Michael A Ponsor |
Plaintiff |
Diversity |
28:1332 Diversity-Breach of Contract |
Docket Report
This docket was last retrieved on March 15, 2012. A more recent docket listing may be available from PACER.
Document Text |
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Filing 66 Plaintiff's ANSWER to Counterclaim of XP Apparel, LLC by Ruggers, Inc..(Wilson, Seth) |
Filing 65 United States of America Rugby Football Union, LTD., d/b/a USA Rugby's ANSWER to Crossclaim of XP Apparel, LLC by United States of America Rugby Football Union, Ltd..(Cowen, Jon) |
Electronic Clerk's Notes for proceedings held before Judge Michael A Ponsor: Motion Hearing held on 3/5/2010 re 41 MOTION to Dismiss or, In the Alternative MOTION for Summary Judgment filed by Under Armour, Inc. Court takes motion under advisement. (Court Reporter: Alice Moran.)(Attorneys present: Maynard, Wilson, Hecker, Pucci, Richards) (Pelegano, Theresa) |
Filing 64 NOTICE of Appearance by Jose Antonio Aguiar on behalf of Rugby Imports, LTD filed. (Finn, Mary) (Additional attachment(s) added on 3/4/2010: # 1 Correct Main Document) (Finn, Mary). |
Filing 63 MOTION to participate in the 3/5/2010 motion to dismiss hearing by telephone by United States of America Rugby Football Union, Ltd. filed.(Finn, Mary) Modified on 3/4/2010 (Finn, Mary). |
Judge Michael A Ponsor: Electronic ORDER entered granting 63 Motion to participate by phone. The clerk will notify counsel with information (Pelegano, Theresa) |
Notice of correction to docket made by Court staff. Correction: Document 63 Deft. United States of America Rugby Football Union's addendum. corrected because: Document deleted and re-docketed due to this pleading is not an addendum, but a motion to participate in the 3/5/2010 motion hearing by telephone. When motion re-docketed it was given document 65 , document number corrected and changed to 63 . (Finn, Mary) |
Notice of correction to docket made by Court staff. Correction: Document 64 - Notice of Appearance of Jose Arguiar. corrected because: To add the correct signed notice of appearance and to delete the incorrect signed notice of appearance. (Finn, Mary) |
Filing 62 ANSWER to 22 Amended Complaint,, CROSSCLAIM against United States of America Rugby Football Union, Ltd., COUNTERCLAIM against Ruggers, Inc. by XP Apparel, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tuck, Zachary) (Additional attachment(s) added on 3/4/2010: # 3 Correct Main Document, # 4 Exhibit 1, # 5 Exhibit 2) (Finn, Mary). |
Notice of correction to docket made by Court staff. Correction: Document 62 Deft. XP Apparel's answer to the second amended complaint, crossclaim and counterclaim. corrected because: To add the answer, crossclaim and counterclaim with a signed certificate of service and to delete the answer, crossclaim and counterclaim with the unsigned certificate of service. (Finn, Mary) |
Set/Reset Answer Deadlines for XP Apparel, LLC - 3/5/2010. (Finn, Mary) |
Judge Michael A Ponsor: ENDORSED ORDER entered granting 61 Motion for Extension of Time to file responsive pleadings until 3/5/10. ALLOWED. (Lindsay, Maurice) |
Filing 61 Assented to MOTION for Extension of Time to March 5, 2010 to File Responsive Pleading by XP Apparel, LLC.(Tuck, Zachary) |
Filing 60 SUR-REPLY to Motion re 41 MOTION to Dismiss or, In the Alternative MOTION for Summary Judgment filed by Ruggers, Inc.. (Wilson, Seth) |
Filing 59 REPLY to Response to 41 MOTION to Dismiss or, In the Alternative MOTION for Summary Judgment filed by Under Armour, Inc.. (Pucci, John) |
Judge Michael A Ponsor: Electronic ORDER entered granting 58 Motion for Extension of Time to file response pleading to 2/26/2010 (Pelegano, Theresa) |
Filing 58 Assented to MOTION for Extension of Time to February 26, 2010 to File Responsive Pleading by XP Apparel, LLC.(Tuck, Zachary) |
Filing 56 Judge Michael A Ponsor: ORDER entered. SCHEDULING ORDER: As follows; Plaintiff will file an agreed Protective Order with the court by 1/25/10, Ptf's renewed demand due 1/25/10, Dft's response to Ptfs demand no due 2/8/10, Co-Dft's reply to Ptf's opposition due 1/25/10, Ptf's sur-reply due 2/5/10 and Counsel will appear for argument on the Motion to Dismiss on March 5, 2010 at 2:00 p.m. See the attached scheduling order for complete details. (Lindsay, Maurice) |
Set/Reset Deadlines as to 41 MOTION to Dismiss, Motion Hearing set for 3/5/2010 at 2:00 PM in Hampden Courtroom before Judge Michael A Ponsor. (Lindsay, Maurice) |
Judge Michael A Ponsor: ENDORSED ORDER entered denying 34 Motion to Dismiss for Lack of Jurisdiction. DENIED. The undisputed facts of record clearly provide a constitutional basis for the exercise of personal jurisdiction. So ordered. (Lindsay, Maurice) |
Filing 55 MEMORANDUM in Opposition re 41 MOTION to Dismiss or, In the Alternative MOTION for Summary Judgment filed by Ruggers, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B)(Wilson, Seth) |
Electronic Clerk's Notes for proceedings held before Judge Michael A Ponsor: Case Management Conference held on 1/15/2010, Set Deadlines/Hearing as to 41 MOTION to Dismiss or, In the Alternative MOTION for Summary Judgment :( Motion Hearing set for 3/5/2010 02:00 PM in Hampden Courtroom before Judge Michael A Ponsor.)Order to issue. (Court Reporter: Alice Moran.) (Pelegano, Theresa) |
Filing 54 CERTIFICATION pursuant to Local Rule 16.1 (d)(3) by United States of America Rugby Football Union, Ltd..(Hecker, Dustin) |
Filing 53 CERTIFICATE OF CONSULTATION DEFENDANT, RUGBY IMPORTS, LTD.'S CERTIFICATION PURSUANT TO LOCAL RULE 16.1 D(3). (Callan, Michael) |
Filing 52 CERTIFICATION pursuant to Local Rule 16.1 (d)(3) by Ruggers, Inc..(Maynard, Kevin) |
Filing 51 CERTIFICATION pursuant to Local Rule 16.1 (D)(3) by XP Apparel, LLC.(Tuck, Zachary) |
Filing 50 JOINT STATEMENT of counsel and Proposed Pretrial Schedule. (Wilson, Seth) |
Filing 49 CERTIFICATION pursuant to Local Rule 16.1(d)(3). (Pucci, John) Modified on 1/12/2010 (Finn, Mary). |
Notice of correction to docket made by Court staff. Correction: Document 49 Certification pursuant to L.R. 16.1. corrected because: Text corrected to reflect the document that is being filed a certification pursuant to L.R. 16.1, found under discovery documents, not a certificate of consultation. (Finn, Mary) |
Set/Reset Deadlines as to 41 MOTION to Dismiss or, In the Alternative MOTION for Summary Judgment. Pltf's Responses due by 1/15/2010. (Finn, Mary) |
Filing 48 Assented to MOTION for Extension of Time to January 15, 2010 to File Response/Reply as to 41 MOTION to Dismiss or, In the Alternative MOTION for Summary Judgment by Ruggers, Inc..(Wilson, Seth) |
Judge Michael A Ponsor: Electronic ORDER entered granting 48 Motion for Extension of Time to File Response/Reply re 41 MOTION to Dismiss or, In the Alternative MOTION for Summary Judgment Responses due by 1/15/2010 (Pelegano, Theresa) |
ELECTRONIC NOTICE OF RESCHEDULING-The hearing for 12/16/09 has been rescheduled.Hearing set for 1/15/2010 03:00 PM in Hampden Courtroom before Judge Michael A Ponsor for the motion to dismiss and schedule conference. (Pelegano, Theresa) |
Filing 47 ELECTRONIC NOTICE of Scheduling Conference Scheduling Conference set for 1/15/2010 03:00 PM in Hampden Courtroom before Judge Michael A Ponsor. (Pelegano, Theresa) |
Filing 46 Magistrate Judge Kenneth P. Neiman: ORDER OF RECUSAL ENTERED, cc:cl. (Healy, Bethaney) |
Judge Michael A Ponsor: ELECTRONIC ENDORSED ORDER entered granting Deft. Under Armour, Inc.'s 44 Motion for Leave to File Memorandum in Excess of 20 Pages; cc/cl. (Finn, Mary) |
Case no longer referred to Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney) |
Filing 45 CORPORATE DISCLOSURE STATEMENT by Under Armour, Inc.. (Pucci, John) |
Filing 44 MOTION for Leave to File Excess Pages by Under Armour, Inc..(Pucci, John) |
Filing 43 AFFIDAVIT in Support re 41 MOTION to Dismiss or, In the Alternative MOTION for Summary Judgment, 42 Memorandum in Support of Motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pucci, John) |
Filing 42 MEMORANDUM in Support re 41 MOTION to Dismiss or, In the Alternative MOTION for Summary Judgment filed by Under Armour, Inc.. (Pucci, John) |
Filing 41 MOTION to Dismiss or, In the Alternative, MOTION for Summary Judgment ( Responses due by 12/18/2009) by Under Armour, Inc..(Pucci, John) |
Filing 40 WAIVER OF SERVICE Returned Executed by Ruggers, Inc.. Under Armour, Inc. waiver sent on 10/5/2009, answer due 12/4/2009. (Maynard, Kevin) |
Filing 39 NOTICE of Appearance by Philip J. Callan, Jr on behalf of Rugby Imports, LTD (Callan, Philip) |
Filing 38 NOTICE of Appearance by Michael K Callan on behalf of Rugby Imports, LTD (Callan, Michael) (Additional attachment(s) added on 10/13/2009: # 1 Correct Main Document) (Finn, Mary). |
Notice of correction to docket made by Court staff. Correction: Document 38 - notice of appearance of Michael Callan. corrected because: Incorrect notice of appearance deleted and correct notice of appearance added. (Finn, Mary) |
Notice of correction to docket made by Court staff. Correction: 39 - Notice of appearance of Michael Callan. corrected because: Document deleted due to docketed in error. Notice of appearance of Philip Callan to be docketed in its place. (Finn, Mary) Modified on 10/14/2009 to add the word "be" to the text. (Finn, Mary). |
Set/Reset Deadlines as to 34 MOTION to Dismiss for Lack of Jurisdiction. Motion Hearing set for 12/16/2009 02:00 PM in Hampden Courtroom before Judge Michael A Ponsor. (Pelegano, Theresa) |
Filing 37 Opposition re 34 MOTION to Dismiss for Lack of Jurisdiction filed by Ruggers, Inc.. (Attachments: # 1 Affidavit of Vic Thomas, # 2 Exhibit 1 to Thomas Affidavit, # 3 Exhibit 2 to Thomas Affidavit, # 4 Exhibit 3 to Thomas Affidavit, # 5 Exhibit 4 to Thomas Affidavit, # 6 Exhibit 5 to Thomas Affidavit, # 7 Exhibit 6 to Thomas Affidavit, # 8 Exhibit 7 to Thomas Affidavit)(Wilson, Seth) |
Filing 36 CORPORATE DISCLOSURE STATEMENT by Rugby Imports, LTD. (Gladstone, Bruce) |
Notice of correction to docket made by Court staff. Correction: Documents 34 - motion to dismiss and 35 L.R. 16.1 certification. corrected because: To add the correct signed documents and to delete the incorrect signed documents. (Finn, Mary) |
Filing 35 CORPORATE DISCLOSURE STATEMENT by XP Apparel, LLC. (Tuck, Zachary) (Additional attachment(s) added on 9/16/2009: # 1 Correct Main Document) (Finn, Mary). |
Filing 34 MOTION to Dismiss for Lack of Jurisdiction by XP Apparel, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Tuck, Zachary) (Additional attachment(s) added on 9/16/2009: # 4 Correct Main Document, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3) (Finn, Mary). |
Filing 33 Restated Reply/ ANSWER to 23 Answer to Amended Complaint, Counterclaim by Ruggers, Inc..(Wilson, Seth) |
Filing 32 ANSWER to 22 Amended Complaint, by Rugby Imports, LTD. (Attachments: # 1 Exhibit A - Letter to Attorney)(Gladstone, Bruce) |
Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered granting 28 XP Apparel, LLC's Motion for Extension of Time to September 14, 2009 to File Response/Reply and granting 31 Rugby Imports, LTD's Motion for Extension of Time to September 10, 2009, to File Response/Reply. So ordered. (Neiman, Kenneth) |
Filing 31 Assented to MOTION for Extension of Time to September 10, 2009 to File Response/Reply as to 22 Amended Complaint, by Rugby Imports, LTD.(Gladstone, Bruce) |
Filing 30 NOTICE of Appearance by Bruce W. Gladstone on behalf of Rugby Imports, LTD (Gladstone, Bruce) |
Filing 29 NOTICE of Appearance by Zachary J. Tuck on behalf of XP Apparel, LLC (Tuck, Zachary) |
Filing 28 Assented to MOTION for Extension of Time to September 14, 2009 to File Answer by XP Apparel, LLC.(Singer, James) |
Filing 27 NOTICE of Appearance by James S. Singer on behalf of XP Apparel, LLC (Singer, James) |
Filing 26 AFFIDAVIT OF SERVICE Executed by Ruggers, Inc.. XP Apparel, LLC served on 8/10/2009, answer due 8/31/2009. Acknowledgement filed by Ruggers, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Maynard, Kevin) |
Filing 25 AFFIDAVIT OF SERVICE Executed by Ruggers, Inc.. Rugby Imports, LTD served on 8/7/2009, answer due 8/27/2009. Acknowledgement filed by Ruggers, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Maynard, Kevin) |
Filing 24 SUMMONS Returned Executed Canterbury of New Zealand-United States served on 8/10/2009, answer due 8/31/2009. (Maynard, Kevin) |
Filing 23 ANSWER to 22 Amended Complaint, Plaintiff Ruggers, Inc., d/b/a KooGa North America's Second Amended Complaint, COUNTERCLAIM (Re-Stated) against Ruggers, Inc. by United States of America Rugby Football Union, Ltd..(Cowen, Jon) |
Filing 22 Second AMENDED COMPLAINT against United States of America Rugby Football Union, Ltd. Canterbury of New Zealand-United States, Under Armour, Inc., Crossbar Athletic Wear, Rugby Imports, Ltd., and XP Apparel, LLC, filed by Ruggers, Inc.. (Attachments: # 1 Exhibit A)(Maynard, Kevin) |
Magistrate Judge Kenneth P. Neiman: Electronic ORDER entered granting without timely opposition 20 Plaintiff's Motion to Amend Complaint. Plaintff shall file the amended complaint forthwith. So ordered. (Neiman, Kenneth) |
Filing 21 ANSWER to 11 Answer to Amended Complaint, Counterclaim of USA Rugby by Ruggers, Inc..(Wilson, Seth) |
Judge Michael A Ponsor: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Kenneth P. Neiman Referred for full pretrial case management, not including dispositive motions, for a Rule 16 scheduling conf, Motions referred: 20 MOTION to Amend 1 Complaint, to Add Defendants Canterbury of New Zealand-United States, Under Armour, Inc., Crossbar Athletic Wear, Rugby Imports, Ltd, and XP Apparel, LLC MOTION to Amend 1 Complaint, to Add Defendants Canterbury of New Zealand-United States, Under Armour, Inc., Crossbar Athletic Wear, Rugby Imports, Ltd, and XP Apparel, LLC (Finn, Mary) Motions referred to Kenneth P. Neiman. |
Notice of correction to docket made by Court staff. Correction: Document 20 Motion for leave to amend the complaint. corrected because: To separate Exhibit A from the Proposed Amended Complaint and to add it as an attachment. (Finn, Mary) |
Filing 20 MOTION to Amend 1 Complaint, to Add Defendants Canterbury of New Zealand-United States, Under Armour, Inc., Crossbar Athletic Wear, Rugby Imports, Ltd, and XP Apparel, LLC by Ruggers, Inc.. (Attachments: # 1 Exhibit 1)(Wilson, Seth) (Additional attachment(s) added on 7/15/2009: # 4 Amended Complaint, # 5 Proposed Amended Complaint, # 6 Exhibit A) (Finn, Mary). |
Judge Michael A Ponsor: ENDORSED ORDER entered denying 14 Motion to Transfer Venue. DENIED. The balance of factors do not favor a transfer of venue. So ordered. cc/cl (Lindsay, Maurice) |
Filing 19 Opposition re 14 MOTION to Transfer Case Defendant's Motin to Transfer Venue filed by Ruggers, Inc.. (Attachments: # 1 Exhibit A)(Wilson, Seth) |
Filing 18 NOTICE by Ruggers, Inc. of Motion to Amend Complaint (Attachments: # 1 Exhibit 1)(Wilson, Seth) |
Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 16 Motion for Extension of Time to File Response/Reply to 11 counterlcaim. Pltf's Responses due by 7/16/2009. (Finn, Mary) |
Judge Michael A Ponsor: ELECTRONIC ORDER entered granting 17 Motion for Extension of Time to File Response/Reply re 14 MOTION to Transfer Case Defendant's Motin to Transfer Venue. Pltf's Responses due by 7/10/2009. (Finn, Mary) |
Filing 17 MOTION for Extension of Time to 07/10/09 to File Response/Reply as to 14 MOTION to Transfer Case Defendant's Motin to Transfer Venue by Ruggers, Inc..(Maynard, Kevin) |
Filing 16 MOTION for Extension of Time to 07/16/09 to File Response/Reply as to 11 Answer to Amended Complaint, Counterclaim by Ruggers, Inc..(Maynard, Kevin) |
Notice of correction to docket made by Court staff. Correction: Document 15 - Affidavit of Jennifer Cope. corrected because: Document deleted due to being a draft and unsigned. Document 16 correct affidavit of Jennifer Cope - document Number changed from 16 to 15 . (Finn, Mary) |
Filing 15 AFFIDAVIT of Jennifer Cope in Support re 14 MOTION to Transfer Case Defendant's Motin to Transfer Venue filed by United States of America Rugby Football Union, Ltd.. (Cowen, Jon) Modified on 6/15/2009 (Finn, Mary). |
Filing 14 MOTION to Transfer Case Defendant's Motin to Transfer Venue by United States of America Rugby Football Union, Ltd..(Cowen, Jon) |
Filing 13 NOTICE by United States of America Rugby Football Union, Ltd. Local Rule 7.1(A) 2 Statement (Hecker, Dustin) |
Filing 12 CORPORATE DISCLOSURE STATEMENT by United States of America Rugby Football Union, Ltd. identifying Corporate Parent United States of America Rugby Football Union, Ltd. d/b/a USA Rugby for United States of America Rugby Football Union, Ltd... (Hecker, Dustin) |
Filing 11 ANSWER to 4 Amended Complaint and, COUNTERCLAIM s against Ruggers, Inc. by United States of America Rugby Football Union, Ltd..(Hecker, Dustin) |
Filing 10 NOTICE of Appearance by Seth M. Wilson on behalf of Ruggers, Inc. (Wilson, Seth) |
Filing 9 NOTICE of Appearance by Jon C. Cowen on behalf of United States of America Rugby Football Union, Ltd. (Cowen, Jon) |
Set/Reset Answer Deadlines for United States of America Rugby Football Union, Ltd.. - 6/12/2009. (Finn, Mary) |
Judge Michael A Ponsor: ELECTRONIC ORDER entered granting the Deft's Assented to 8 Motion for Extension of Time to File Response/Reply to the complaint until 6/12/2009; cc/cl. (Finn, Mary) |
Filing 8 Assented to MOTION for Extension of Time to 06/12/09 to File Response/Reply to Complaint by United States of America Rugby Football Union, Ltd..(Hecker, Dustin) |
Set/Reset Answer Deadlines for United States of America Rugby Football Union, Ltd. 5/29/2009. (Finn, Mary) |
Judge Michael A Ponsor: ELECTRONIC ENDORSED ORDER entered granting the Deft's 7 Motion for Extension of Time to 5/29/2009 to File Response/Reply to the complaint; cc/cl. (Finn, Mary) |
Filing 7 Assented to MOTION for Extension of Time to 05/29/09 to File Response/Reply to Complaint by United States of America Rugby Football Union, Ltd..(Hecker, Dustin) |
Filing 6 NOTICE of Appearance by Dustin F. Hecker on behalf of United States of America Rugby Football Union, Ltd. (Hecker, Dustin) |
Filing 5 SUMMONS Returned Executed United States of America Rugby Football Union, Ltd. served on 4/21/2009, answer due 5/11/2009. (Maynard, Kevin) |
Filing 4 First AMENDED COMPLAINT against United States of America Rugby Football Union, Ltd., filed by Ruggers, Inc.. (Attachments: # 1 Exhibit A)(Maynard, Kevin) |
Filing 3 Summons Issued as to United States of America Rugby Football Union, Ltd. d/b/a USA Rugby. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Finn, Mary) |
Filing 2 General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Finn, Mary) |
Case Assigned to Judge Michael A Ponsor. Consent Form mailed to counsel. (Finn, Mary) |
Notice of correction to docket made by Court staff. Correction: Cover and Category Sheet re: 1 complaint corrected because: to add the cover and category sheets in the correct PDF format and to delete the cover and category sheets in the incorrect PDF format. (Finn, Mary) |
Filing 1 COMPLAINT against United States of America Rugby Football Union, Ltd. d/b/a USA Rugby Filing fee: $ 350, receipt number 01010000000002358085, filed by Ruggers, Inc. d/b/a KooGa North America. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Category)(Maynard, Kevin) (Additional attachment(s) added on 3/31/2009: # 4 Cover and Category Sheets) (Finn, Mary). |
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Plaintiff: Ruggers, Inc. | |
Represented By: | Kevin C. Maynard |
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Defendant: United States of America Rugby Football Union, Ltd. | |
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