Econ Control, Inc. v. Fresh Smoke of MN LLC et al
Plaintiff: Econ Control, Inc. d/b/a CertiFresh Cigar and Econ Control, Inc. doing business as CertiFresh Cigar
Defendant: Fresh Smoke of MN LLC and Brian Berken
Case Number: 0:2023cv02716
Filed: September 5, 2023
Court: US District Court for the District of Minnesota
Presiding Judge: Nancy E Brasel
Referring Judge: Elizabeth Cowan Wright
Nature of Suit: Trademark
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 October 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2023 Filing 17 AMENDED COMPLAINT against Brian Berken, Fresh Smoke of MN LLC. filed by Econ Control, Inc.. No summons requested. (Parker, Andrew)
September 29, 2023 Filing 16 PROPOSED ORDER TO JUDGE re #11 MOTION to Dismiss/General filed by Brian Berken, Fresh Smoke of MN LLC.(Thomas, Aaron)
September 29, 2023 Filing 15 MEET and CONFER STATEMENT re #11 Motion to Dismiss/General filed by Brian Berken, Fresh Smoke of MN LLC.(Thomas, Aaron)
September 29, 2023 Filing 14 Declaration of O. Joseph Balthazor Jr. in Support of #11 MOTION to Dismiss/General filed by Brian Berken, Fresh Smoke of MN LLC. (Attachments: #1 Exhibit(s) A)(Thomas, Aaron)
September 29, 2023 Filing 13 MEMORANDUM in Support re #11 MOTION to Dismiss/General filed by Brian Berken, Fresh Smoke of MN LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Thomas, Aaron)
September 29, 2023 Filing 12 NOTICE OF HEARING ON MOTION #11 MOTION to Dismiss/General : Motion Hearing set for 1/3/2024 at 10:00 AM in Courtroom 13W (MPLS) before Judge Nancy E. Brasel. (Thomas, Aaron)
September 29, 2023 Filing 11 MOTION to Dismiss/General filed by Brian Berken, Fresh Smoke of MN LLC. (Thomas, Aaron)
September 29, 2023 Filing 10 SUMMONS Returned Executed by Econ Control, Inc.. Fresh Smoke of MN LLC served on 9/27/2023, answer due 10/18/2023. (Herman, Alex)
September 29, 2023 Filing 9 SUMMONS Returned Executed by Econ Control, Inc. Brian Berken served on 9/8/2023, answer due 9/29/2023.(Herman, Alex) Modified text on 9/29/2023 (CLK). Modified text on 9/29/2023 (CLK).
September 29, 2023 Filing 8 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Fresh Smoke of MN LLC. (Thomas, Aaron)
September 29, 2023 Filing 7 NOTICE of Appearance by Aaron G Thomas on behalf of Brian Berken, Fresh Smoke of MN LLC. (Thomas, Aaron)
September 29, 2023 Filing 6 NOTICE of Appearance by O. Joseph Balthazor, Jr on behalf of Brian Berken, Fresh Smoke of MN LLC. (Balthazor, O.)
September 29, 2023 Filing 5 NOTICE of Appearance by Jordan Weber on behalf of Brian Berken, Fresh Smoke of MN LLC. (Weber, Jordan)
September 6, 2023 Filing 4 Summons Issued as to Brian Berken, Fresh Smoke of MN LLC. (MMG)
September 6, 2023 Filing 3 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per 3rd/4th Copyright, Trademark list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 23-cv-2716 NEB/ECW.Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MMG)
September 5, 2023 Filing 2 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation owning 10 percent or more of its stock, or subsidiary reported for Econ Control, Inc. d/b/a CertiFresh Cigar. (Parker, Andrew)
September 5, 2023 Filing 1 COMPLAINT against Brian Berken, Fresh Smoke of MN LLC (filing fee $ 402, receipt number AMNDC-10515994) filed by Econ Control, Inc. d/b/a CertiFresh Cigar. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Parker, Andrew)

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Plaintiff: Econ Control, Inc. d/b/a CertiFresh Cigar
Represented By: Andrew D Parker
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Plaintiff: Econ Control, Inc. doing business as CertiFresh Cigar
Represented By: Alex Herman
Represented By: Andrew D Parker
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Defendant: Fresh Smoke of MN LLC
Represented By: Aaron G Thomas
Represented By: Jordan Weber
Represented By: O. Joseph Balthazor, Jr
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Defendant: Brian Berken
Represented By: Aaron G Thomas
Represented By: Jordan Weber
Represented By: O. Joseph Balthazor, Jr
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