Breeze Smoke LLC v. Yatin Enterprises Inc. et al
| Breeze Smoke LLC |
| Yatin Enterprises Inc., Mini Market, LLC, Drake Party Store, LLC, Pennfield Party Store, Midtown Smoke Shop, Inc., SG, LLC, Wild Monkey Smoke Shop and Unknown Parties #1 |
| 1:2022cv01182 |
| December 12, 2022 |
| US District Court for the Western District of Michigan |
| Sally J Berens |
| Hala Y Jarbou |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.
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Filing 53
SURREPLY TO #6 (as filed per Order #52 ) filed by Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Wild Monkey Smoke Shop, Yatin Enterprises Inc. (ems)
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Filing 52
ORDER granting #47 motion for leave to file sur-reply [48-1]; signed by Chief Judge Hala Y. Jarbou (aks)
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Filing 51
CASE MANAGEMENT ORDER: fact discovery to be completed by 6/16/2023; expert discovery to be completed by 10/13/2023; dispositive motions due by 11/13/2023; settlement conference set for 5/9/2024 at 09:15 AM at 664 Federal Building, Grand Rapids, MI before Magistrate Judge Sally J. Berens; final pretrial conference set for 6/12/2024 at 10:00 AM at 128 Federal Building, Lansing, MI before Chief Judge Hala Y. Jarbou; jury trial set for 7/8/2024 at 09:00 AM at 128 Federal Building, Lansing, MI before Chief Judge Hala Y. Jarbou; signed by Magistrate Judge Sally J. Berens (jal)
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Filing 50
MINUTES of Rule 16 scheduling conference held before Magistrate Judge Sally J. Berens; case management order to issue (Proceedings Digitally Recorded) (jln)
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Filing 49
NOTICE to attorney Jacob Carlton regarding recent filing #47 , #48 (ems)
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Filing 48
BRIEF in support of MOTION for leave to file Surreply #47 filed by Yatin Enterprises Inc. (Attachments: #1 Proposed Surreply) (Carlton, Jacob) Modified text on 2/7/2023 (ems).
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Filing 47
MOTION for leave to file Surreply by defendant Yatin Enterprises Inc.; (Carlton, Jacob)
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Filing 46
JOINT STATUS REPORT (Hyde, Mary)
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Filing 45
RESPONSE in opposition to MOTION for discovery #40 filed by Breeze Smoke LLC (Hyde, Mary)
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Filing 44
REPLY to response to motion #6 in Support of Its Motion for Preliminary Inunction filed by Breeze Smoke LLC (Attachments: #1 Affidavit Declaration of Steven Haddad, #2 Index of Exhibits, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H) (Hyde, Mary) Modified text on 1/25/2023 (ems).
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Filing 43
DEMAND for TRIAL BY JURY by defendants Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Wild Monkey Smoke Shop, Yatin Enterprises Inc., counter-claimant Yatin Enterprises Inc. (Carlton, Jacob)
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Filing 42
DECLARATION of Karmandeep Munder re Motion for Preliminary Injunction #6 filed by Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Wild Monkey Smoke Shop, Yatin Enterprises Inc. (Carlton, Jacob) Modified text on 1/17/2023 (ems).
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Filing 41
BRIEF in support of MOTION for discovery #40 filed by Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Wild Monkey Smoke Shop, Yatin Enterprises Inc. (Attachments: #1 Exhibit A) (Holleman, Todd)
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Filing 40
MOTION for discovery by defendants Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Wild Monkey Smoke Shop, Yatin Enterprises Inc., counter-claimant Yatin Enterprises Inc.; (Holleman, Todd)
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Filing 39
EXHIBITS N-O re #37 by defendants Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Wild Monkey Smoke Shop, Yatin Enterprises Inc., counter-claimant Yatin Enterprises Inc. (Attachments: #1 Exhibit O) (Holleman, Todd) Modified text on 1/11/2023 (ems).
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Filing 38
EXHIBITS I-M re #37 by defendants Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Wild Monkey Smoke Shop, Yatin Enterprises Inc., counter-claimant Yatin Enterprises Inc. (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L, #4 Exhibit M) (Holleman, Todd) Modified text on 1/11/2023 (ems).
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Filing 37
RESPONSE in opposition to #6 filed by Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Wild Monkey Smoke Shop, Yatin Enterprises Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Holleman, Todd)
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Filing 36
(RESTRICTED ACCESS) DOCUMENT Conference call instructions for 2/7/2023 scheduling conference [Access to this document is available to the Court and attorney(s) for Breeze Smoke LLC, Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Unknown Parties #1, Wild Monkey Smoke Shop, Yatin Enterprises Inc. only] (jal)
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Filing 35
ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 2/7/2023 at 10:00 AM by telephone before Magistrate Judge Sally J. Berens; status report due by 2/1/2023; signed by Magistrate Judge Sally J. Berens (jal)
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Filing 34
ANSWER to complaint #1 with affirmative defenses by Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Wild Monkey Smoke Shop (Holleman, Todd) Modified text on 1/9/2023 (ems).
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Todd Alan Holleman on behalf of defendants Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Wild Monkey Smoke Shop, Yatin Enterprises Inc., counter-claimant Yatin Enterprises Inc. (Holleman, Todd)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Jacob Carlton on behalf of defendants Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC, Wild Monkey Smoke Shop, Yatin Enterprises Inc., counter-claimant Yatin Enterprises Inc. (Carlton, Jacob)
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Filing 33
RESPONSE TO ANSWER TO COMPLAINT/PETITION re #26 filed by counter-defendant Breeze Smoke LLC, plaintiff Breeze Smoke LLC (Hyde, Mary) Modified text on 12/27/2022 (ems).
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Filing 32
CERTIFICATE OF SERVICE by counter-defendant Breeze Smoke LLC, plaintiff Breeze Smoke LLC re Receipt of Case Notice #23 , Order Regarding Response to Motion #25 , complaint #1 , Report on the Filing or Determination of an Action Regarding a Patent or Trademark #24 , Case Transferred In - District Transfer #22 , MOTION for Preliminary Injunction and Temporary Restraining Order and Memorandum in Support #6 upon defendant Yatin Enterprises Inc. (Hyde, Mary) Modified text on 12/16/2022 (ems).
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Filing 31
CERTIFICATE OF SERVICE by counter-defendant Breeze Smoke LLC, plaintiff Breeze Smoke LLC re Receipt of Case Notice #23 , Order Regarding Response to Motion #25 , complaint #1 , Report on the Filing or Determination of an Action Regarding a Patent or Trademark #24 , Case Transferred In - District Transfer #22 , MOTION for Preliminary Injunction and Temporary Restraining Order and Memorandum in Support #6 upon defendant Wild Monkey Smoke Shop (Hyde, Mary) Modified text on 12/16/2022 (ems).
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Filing 30
CERTIFICATE OF SERVICE by counter-defendant Breeze Smoke LLC, plaintiff Breeze Smoke LLC re Receipt of Case Notice #23 , Order Regarding Response to Motion #25 , complaint #1 , Report on the Filing or Determination of an Action Regarding a Patent or Trademark #24 , Case Transferred In - District Transfer #22 , MOTION for Preliminary Injunction and Temporary Restraining Order and Memorandum in Support #6 upon defendant Pennfield Party Store (Hyde, Mary) Modified text on 12/16/2022 (ems).
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Filing 29
CERTIFICATE OF SERVICE by counter-defendant Breeze Smoke LLC, plaintiff Breeze Smoke LLC re complaint #1 , Report on the Filing or Determination of an Action Regarding a Patent or Trademark #24 , Case Transferred In - District Transfer #22 , Receipt of Case Notice #23 , Order Regarding Response to Motion #25 , MOTION for Preliminary Injunction and Temporary Restraining Order and Memorandum in Support #6 upon defendant Mini Market, LLC (Hyde, Mary) Modified text on 12/16/2022 (ems).
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Filing 28
CERTIFICATE OF SERVICE by counter-defendant Breeze Smoke LLC, plaintiff Breeze Smoke LLC re Receipt of Case Notice #23 , Order Regarding Response to Motion #25 , complaint #1 , Report on the Filing or Determination of an Action Regarding a Patent or Trademark #24 , Case Transferred In - District Transfer #22 , MOTION for Preliminary Injunction and Temporary Restraining Order and Memorandum in Support #6 upon defendant Midtown Smoke Shop, Inc. (Hyde, Mary) Modified text on 12/16/2022 (ems).
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Filing 27
CERTIFICATE OF SERVICE by counter-defendant Breeze Smoke LLC, plaintiff Breeze Smoke LLC re Receipt of Case Notice #23 , Order Regarding Response to Motion #25 , complaint #1 , Report on the Filing or Determination of an Action Regarding a Patent or Trademark #24 , Case Transferred In - District Transfer #22 , MOTION for Preliminary Injunction and Temporary Restraining Order and Memorandum in Support #6 upon defendant Drake Party Store, LLC (Hyde, Mary) Modified text on 12/16/2022 (ems).
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Filing 26
ANSWER to complaint #1 with affirmative defenses , COUNTERCLAIM against Breeze Smoke LLC by Yatin Enterprises Inc. (Holleman, Todd) Modified text on 12/14/2022 (ems).
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Filing 25
ORDER regarding response to Motion #6 : Response due within 28 days of service of motion and Order; signed by Chief Judge Hala Y. Jarbou (aml)
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Filing 24
REPORT from the Clerk, WDMI, to the Director of the U.S. Patent and Trademark Office on the filing of a TRADEMARK ACTION (Attachments: #1 Complaint) (ems)
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Filing 23
NOTICE of receipt of case (ems)
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Filing 22
CASE TRANSFERRED IN from Michigan Eastern, their case number 2:22-cv-12803; the documents listed above were electronically transferred to the Western District of Michigan (ems)
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Filing 21
ORDER TRANSFERRING CASE to the Western District of Michigan. Signed by District Judge Paul D. Borman. (NAhm) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 20
RESPONSE TO ORDER TO SHOW CAUSE Amended Response to the Court's December 2, 2022 Order to Show Cause Why this Case Should Not be Transferred to the Western District of Michigan by Breeze Smoke LLC. (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 19
RESPONSE TO ORDER TO SHOW CAUSE Response to the Court's December 2, 2022 Order to Show Cause Why this Case Should not be Transferred to the Western District of Michigan by Breeze Smoke LLC. (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 18
ORDER for Breeze Smoke LLC to Show Cause WHY THIS CASE SHOULD NOT BE TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN Show Cause Response due by NOON ON 12/12/2022 Signed by District Judge Paul D. Borman. (DTof) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 17
ATTORNEY APPEARANCE: Todd A. Holleman appearing on behalf of Yatin Enterprises Inc. (Holleman, Todd) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 16
NOTICE of Appearance by Jacob Carlton on behalf of Yatin Enterprises Inc.. (Carlton, Jacob) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 15
CERTIFICATE of Service/Summons Returned Executed. Drake Party Store, LLC served on 11/30/2022, answer due 12/21/2022. (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 14
RESPONSE to the Court's November 23, 2022 Order Requiring Plaintiff LLC to Disclose Individual Members filed by Breeze Smoke LLC. (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 13
CERTIFICATE of Service/Summons Returned Executed. SG, LLC d/b/a Sam's Discount Party Store served on 11/23/2022, answer due 12/14/2022. (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 12
CERTIFICATE of Service/Summons Returned Executed. Wild Monkey Smoke Shop served on 11/23/2022, answer due 12/14/2022. (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 11
CERTIFICATE of Service/Summons Returned Executed. Pennfield Party Store served on 11/23/2022, answer due 12/14/2022. (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 10
CERTIFICATE of Service/Summons Returned Executed. Mini Market, LLC served on 11/23/2022, answer due 12/14/2022. (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 9
CERTIFICATE of Service/Summons Returned Executed. Midtown Smoke Shop, Inc. served on 11/22/2022, answer due 12/13/2022. (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 8
CERTIFICATE of Service/Summons Returned Executed. Yatin Enterprises Inc. served on 11/22/2022, answer due 12/13/2022. (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 7
ORDER REQUIRING PLAINTIFF LLC TO DISCLOSE INDIVIDUAL MEMBERS Response due by 12/9/2022 Signed by District Judge Paul D. Borman. (DTof) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 6
MOTION for Preliminary Injunction and Temporary Restraining Order and Memorandum in Support by Breeze Smoke LLC. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit Declaration in Support, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L, #15 Exhibit Exhibit M, #16 Exhibit Exhibit N, #17 Exhibit Exhibit O) (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 5
SUMMONS Issued for *Drake Party Store, LLC, Midtown Smoke Shop, Inc., Mini Market, LLC, Pennfield Party Store, SG, LLC d/b/a Sam's Discount Party Store, Wild Monkey Smoke Shop, Yatin Enterprises Inc.* (DAll) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 4
NOTICE of Appearance by Jeffrey K. Lamb on behalf of Breeze Smoke LLC. (Lamb, Jeffrey) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 3
Trademark Report Sent To Washington (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 2
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Breeze Smoke LLC (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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Filing 1
COMPLAINT filed by Breeze Smoke LLC against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-9134611 - Fee: $ 402. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: Kent. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H) (Hyde, Mary) [Transferred from Michigan Eastern on 12/12/2022.]
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