DiMercurio et al v. Modern Roots Life, LLC et al
| Modern Roots Inc. and Megan DiMercurio |
| Joshua Truex, Sarah Truex and Modern Roots Life, LLC |
| 0:2025cv04534 |
| December 5, 2025 |
| U.S. District Court for the District of Minnesota |
| Nancy E Brasel |
| Elizabeth Cowan Wright |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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Filing 40
ORDER ON MOTION TO DISMISS. Based on the foregoing and on all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: The Truexes' Motion to Dismiss (ECF No. #10 ) is DENIED. The Truexes' Motion to Strike Immaterial Allegations (ECF No. #10 ) is DENIED. Signed by Judge Nancy E. Brasel on 6/1/2026. (KMW)
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| Filing 39 PROPOSED ORDER TO JUDGE re #37 MOTION Denfendant's Special Appearance and Motion to Vacate Default Judgment or Default-related relief under Fed. R. Civ. P.55(c)(, 60(b), and 60(d)(3) and to preserve constitution and juridictional objections filed by Modern Roots Life, LLC, Joshua Truex, Sarah Truex.(BTX) |
| Filing 38 EXHIBIT re #37 MOTION Denfendant's Special Appearance and Motion to Vacate Default Judgment filed by Joshua Truex, Sarah Truex. (Attachments: #1 Envelope)(BTX) |
| Filing 37 MOTION Denfendant's Special Appearance and Motion to Vacate Default Judgment or Default-related relief under Fed. R. Civ. P.55(c)(, 60(b), and 60(d)(3) and to preserve constitution and juridictional objections filed by Joshua Truex, Sarah Truex. (BTX) |
| Filing 36 CERTIFICATE OF SERVICE by Megan DiMercurio, Modern Roots Inc. re #35 Notice of Hearing on Motion (Merrick, Cassandra) |
| Filing 35 NOTICE OF HEARING ON MOTION #27 MOTION for Default Judgment as to : Motion Hearing set for 6/17/2026 at 12:00 PM in Courtroom 13W (MPLS) before Judge Nancy E. Brasel. (Merrick, Cassandra) Modified text on 5/12/2026 (KMW). |
| Filing 34 CERTIFICATE OF SERVICE by Megan DiMercurio, Modern Roots Inc. re #33 Notice of Hearing on Motion (Merrick, Cassandra) |
| Filing 33 NOTICE OF HEARING ON MOTION #27 MOTION for Default Judgment as to : Motion Hearing set for 6/17/2026 at 12:00 PM before Judge Nancy E. Brasel. (Merrick, Cassandra) |
| Filing 32 CERTIFICATE OF SERVICE by Megan DiMercurio, Modern Roots Inc. re #31 Proposed Order to Judge, #27 MOTION for Default Judgment as to , #28 Notice of Hearing on Motion, #30 Declaration in Support, #29 Memorandum in Support of Motion (Merrick, Cassandra) |
| Filing 31 PROPOSED ORDER TO JUDGE re #27 MOTION for Default Judgment as to filed by Megan DiMercurio, Modern Roots Inc..(Merrick, Cassandra) |
| Filing 30 Declaration of Cassandra B. Merrick in Support of #27 MOTION for Default Judgment as to filed by Megan DiMercurio, Modern Roots Inc.. (Attachments: #1 Exhibit(s) 1)(Merrick, Cassandra) |
| Filing 29 MEMORANDUM in Support re #27 MOTION for Default Judgment as to filed by Megan DiMercurio, Modern Roots Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Merrick, Cassandra) |
| Filing 28 NOTICE OF HEARING ON MOTION #27 MOTION for Default Judgment as to : Date and time to be determined. (Merrick, Cassandra) |
| Filing 27 MOTION for Default Judgment as to filed by Megan DiMercurio, Modern Roots Inc.. (Merrick, Cassandra) |
| Filing 26 Clerk's ENTRY OF DEFAULT as to Modern Roots Life, LLC. (MKB) |
| Filing 25 DECLARATION of Cassandra B. Merrick re #24 Affidavit of Default Identification and Request for Entry of Default Judgment by Clerk by Megan DiMercurio, Modern Roots Inc. . (Attachments: #1 Exhibit(s) 1)(Merrick, Cassandra) |
| Filing 24 APPLICATION FOR ENTRY OF DEFAULT JUDGMENT BY THE CLERK UNDER FRCP 55(b)(1) . (Merrick, Cassandra) |
| Filing 23 Return of Service Executed for Summons and Complaint served on Modern Roots Life, LLC, filed by Megan DiMercurio, Modern Roots Inc.. (Merrick, Cassandra) |
| Filing 22 (Text-Only) NOTICE TO ATTORNEYS and PARTIES. The pending motion to dismiss (ECF No. #10 ) is fully briefed. This Court takes the motion under advisement and will issue a ruling on the paper submissions. (KMW) |
| Filing 21 Summons Issued as to Modern Roots Life, LLC. (MKB) |
| Filing 20 TEXT ONLY ENTRY: Request to Clerk's Office to Issue Summons for Modern Roots Life, LLC. (Merrick, Cassandra) |
| Filing 19 CERTIFICATE OF SERVICE by Megan DiMercurio, Modern Roots Inc. re #16 Memorandum in Opposition to Motion, #17 Declaration in Opposition, #15 Notice of Change of Address, #18 Declaration in Opposition, (Merrick, Cassandra) |
| Filing 18 DECLARATION of Cassandra B. Merrick in Opposition to #10 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike Pleading filed by Megan DiMercurio, Modern Roots Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7)(Merrick, Cassandra) |
| Filing 17 DECLARATION of Megan DiMercurio in Opposition to #10 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike Pleading filed by Megan DiMercurio, Modern Roots Inc..(Merrick, Cassandra) |
| Filing 16 MEMORANDUM in Opposition re #10 MOTION to Dismiss for Lack of Jurisdiction MOTION to Strike Pleading filed by Megan DiMercurio, Modern Roots Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Merrick, Cassandra) |
| Filing 15 NOTICE of Change of Address by Cassandra B. Merrick (Merrick, Cassandra) |
| Filing 14 BENEFICIARY RIGHTS RESERVED STATEMENT by Joshua Truex, Sarah Truex (Attachments: #1 Envelope)(BTX) Document QC'd on 1/29/2026 (JME). |
| Filing 13 PROPOSED ORDER TO JUDGE re #10 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Strike Immaterial Allegations filed by Joshua Truex, Sarah Truex.(BTX) Document QC'd on 1/29/2026 (JME). |
| Filing 12 MEET and CONFER STATEMENT re #10 Motion to Dismiss/Lack of Jurisdiction, MOTION to Strike Immaterial Allegation filed by Joshua Truex, Sarah Truex.(BTX) Document QC'd on 1/29/2026 (JME). |
| Filing 11 MEMORANDUM in Support re #10 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Strike Immaterial Allegation filed by Joshua Truex, Sarah Truex. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(BTX) Modified text on 1/6/2026 (BTX). Document QC'd on 1/29/2026 (JME). |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Strike Immaterial Allegations filed by Joshua Truex, Sarah Truex. (BTX) Document QC'd on 1/29/2026 (JME). |
| Filing 9 SUMMONS Returned Executed by Modern Roots Inc., Megan DiMercurio. Sarah Truex served on 12/11/2025, answer due 1/2/2026. (Merrick, Cassandra) |
| Filing 8 SUMMONS Returned Executed by Modern Roots Inc., Megan DiMercurio. Joshua Truex served on 12/11/2025, answer due 1/2/2026. (Merrick, Cassandra) |
| Filing 7 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 Megan DiMercurio, Modern Roots Inc.. (Merrick, Cassandra) |
| Filing 6 REPORT ON FILING OF PATENT/TRADEMARK ACTION (AO 120)(USPTO noticed with filing). (Merrick, Cassandra) |
| Filing 5 Summons Issued as to Modern Roots Life, LLC, Joshua Truex, Sarah Truex. (BTX) |
| Filing 4 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per Civil (3rd, 4th - Copyright, Trademark) list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 25-cv-04534 (NEB/ECW).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (BTX) |
| Filing 3 NOTICE of Appearance by Christopher W. Madel on behalf of Megan DiMercurio, Modern Roots Inc.. (Madel, Christopher) |
| Filing 2 NOTICE of Appearance by Cassandra B. Merrick on behalf of Megan DiMercurio, Modern Roots Inc.. (Merrick, Cassandra) |
| Filing 1 COMPLAINT against Modern Roots Life, LLC, Joshua Truex, Sarah Truex (filing fee $ 405, receipt number AMNDC-12433050) filed by Modern Roots Inc., Megan DiMercurio. Filer requests summons issued. (Attachments: #1 Exhibit(s) A, #2 Civil Cover Sheet) (Merrick, Cassandra) |
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