Michael Jaudes Fitness Edge, Inc. v. The Edge Fitness Clubs, LLC
| The Fitness Edge, Inc., Michael Jaudes Fitness Edge, Inc. and Michael Jaudes Fitness Edge, Inc. doing business as The Fitness Edge |
| The Edge Fitness Clubs, LLC |
| 4:2019cv01987 |
| July 15, 2019 |
| US District Court for the Eastern District of Missouri |
| Audrey G Fleissig |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Defendant |
Docket Report
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This docket was last retrieved on December 6, 2019. A more recent docket listing may be available from PACER.
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Filing 40
Docket Text ORDER RE: #39 STIPULATION For Dismissal by Plaintiff Michael Jaudes Fitness Edge, Inc.; SO ORDERED. Signed by District Judge Audrey G. Fleissig on 12/6/2019. (AFC)
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| Filing 39 STIPULATION For Dismissal by Plaintiff Michael Jaudes Fitness Edge, Inc.. (McGovern, Brian) |
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Filing 38
Docket Text ORDER Re: #37 First MOTION for Extension of: Time to File the Stipulation of Dismissal by Plaintiff Michael Jaudes Fitness Edge, Inc.; ORDERED GRANTED. (Dismissal Paper(s) due by 12/6/2019.) Signed by District Judge Audrey G. Fleissig on 11/18/2019. (AFC)
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| Filing 37 First MOTION for Extension of: Time to File the Stipulation of Dismissal by Plaintiff Michael Jaudes Fitness Edge, Inc.. (McGovern, Brian) |
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Filing 36
ORDER. Upon notice of counsel stating the parties have reached a settlement in this matter, IT IS HEREBY ORDERED that the parties' motion for a stay of proceedings is GRANTED. ECF No. #35 . The parties shall file, on or before November 14, 2019, dismissal papers dismissing the case. Failure to comply may result in the dismissal of the case by the Court. (Dismissal Papers due by 11/14/2019.) Signed by District Judge Audrey G. Fleissig on 10/15/19. (EAB)
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| Filing 35 Joint MOTION to Stay by Defendant The Edge Fitness Clubs, LLC. (Telscher, Rudolph) |
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Filing 34
CASE MANAGEMENT ORDER This case is assigned to Track: 2. Motion to Join Parties due by 10/1/2019. Discovery Completion due by 3/25/2020. Non-Dispositive Motions due by 4/5/2020. Dispositive Motions due by 4/30/2020. Jury Trial set for 9/14/2020 09:00 AM in Courtroom 12S - St. Louis before District Judge Audrey G. Fleissig. Pretrial Compliance due by 8/25/2020. Motion in Limine due by 8/31/2020. Signed by District Judge Audrey G. Fleissig on October 3, 2019. (MCB)
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Filing 33
ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: Brian E. McGovern. Designation of Neutral/Conference Report due by 10/11/2019. ADR Completion Deadline due by 10/31/2019. ADR Compliance Report Deadline due by 11/14/2019. Signed by District Judge Audrey G. Fleissig on 9/27/19.(EAB)
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Filing 32
ORDER. IT IS HEREBY ORDERED that Plaintiff shall promptly advise Defendant whether Plaintiff is seeking interim injunctive relief, and if so, confer with Defendant with regard to a schedule for the filing of such a motion and for a hearing. IT IS FURTHER ORDERED that, on or before Tuesday, October 1, 2019, Plaintiff shall advise the Court whether Plaintiff is seeking interim injunctive relief, and if so a proposed schedule for filing such a motion, for a hearing, and for any discovery and briefing that shall take place before such hearing. After such advice from Plaintiff, the Court will issue the Case Management Order and Order Relating to Trial. (Response to Court due by 10/1/2019.) Signed by District Judge Audrey G. Fleissig on 9/27/19. (EAB)
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| Filing 31 NOTICE by Plaintiff Michael Jaudes Fitness Edge, Inc. Proposed Joint Scheduling Plan (McGovern, Brian) |
| Filing 30 ANSWER to Complaint Amended Complaint ECF No. 4 by The Edge Fitness Clubs, LLC.(Telscher, Rudolph) |
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Filing 29
Docket Text ORDER Re #28 First MOTION for Extension of Time, up to September 24, 2019, to File Joint Scheduling Plan by Plaintiff Michael Jaudes Fitness Edge, Inc.; ORDERED Motion is GRANTED. (Joint Scheduling Plan due by 9/24/2019.) Signed by District Judge Audrey G. Fleissig on September 23, 2019. (MCB)
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| Filing 28 First MOTION for Extension of Time to File Joint Scheduling Plan ;Extension to file the following: 26 ;Proposed extension date 09/24/2019 by Plaintiff Michael Jaudes Fitness Edge, Inc.. (Corsale, Peter) |
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Filing 27
ORDER. IT IS HEREBY ORDERED that Plaintiff's motion for a temporary restraining order is DENIED. ECF No. #5 . The Court has scheduled a Rule 16 conference by separate order. Signed by District Judge Audrey G. Fleissig on 9/6/19. (EAB)
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Filing 26
ORDER SETTING RULE 16 CONFERENCE. This case is assigned to Track: 2: Standard. Joint Scheduling Plan due by 9/20/2019. Rule 16 Conference set for 9/27/2019 at 10:00 AM in Chambers before District Judge Audrey G. Fleissig. Signed by District Judge Audrey G. Fleissig on 9/5/19. (EAB)
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| Filing 25 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Audrey G. Fleissig: Motion Hearing held on 9/4/2019 re #5 MOTION for Temporary Restraining Order filed by The Edge Fitness Clubs, LLC. Arguments of counsel heard. Court denied the motion for temporary restraining order. Order to follow. (Court Reporter:Patti Dunn Wecke, Patti_Dunn_Wecke@moed.uscourts.gov, 314-244-7984) (proceedings started: 9:06) (proceedings ended: 12:15)(Deputy Clerk: M. Berg)(Appearance for Plaintiff: Brian McGovern, Peter Corsale and Alex Lindley)(Appearance for Defendant: Rudolph Telsher, Lynn Rzonca and Mark Privratsky) (MCB) |
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Filing 24
PROTECTIVE ORDER granting #12 Motion for Protective Order regarding confidential information. (See Protective Order for complete details) Signed by District Judge Audrey G. Fleissig on August 29, 2019. (MCB)
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Filing 23
Docket Text ORDER Re: #19 MOTION to Seal Document #18 Sealed Document, #16 Memorandum in Opposition of Sealed Motion by Defendant The Edge Fitness Clubs, LLC.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 8/29/2019. (AFC)
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Filing 22
Docket Text ORDER Re: #14 MOTION for Leave to Appear Pro Hac Vice Iuniki Louise Ikahihifo-Bender by Defendant The Edge Fitness Clubs, LLC., #13 MOTION for Leave to Appear Pro Hac Vice Mark R. Privratsky by Defendant The Edge Fitness Clubs, LLC., #15 MOTION for Leave to Appear Pro Hac Vice Lynn E. Rzonca by Defendant The Edge Fitness Clubs, LLC.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on 8/29/2019. (AFC)
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| Filing 21 ENTRY of Appearance by Peter Corsale for Plaintiff Michael Jaudes Fitness Edge, Inc.. (Corsale, Peter) |
| Filing 20 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant The Edge Fitness Clubs, LLC. Parent companies: NEP Edge Holdco, LLC, Subsidiaries: None, Publicly held company: None,. (Telscher, Rudolph) |
| Filing 19 MOTION to Seal Document #18 Sealed Document, #16 Memorandum in Opposition of Sealed Motion by Defendant The Edge Fitness Clubs, LLC. (Attachments: #1 Text of Proposed Order Granting Motion to Seal)(Telscher, Rudolph) |
| Filing 18 SEALED DOCUMENT re #16 Memorandum in Opposition of Sealed Motion Exhibit A Declaration of Peter Kushel by Defendant The Edge Fitness Clubs, LLC. (Telscher, Rudolph) |
| Filing 17 SUPPLEMENTAL re #16 Memorandum in Opposition of Sealed Motion by Defendant The Edge Fitness Clubs, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Telscher, Rudolph) |
| Filing 16 MEMORANDUM in Opposition of Sealed Motion re #5 MOTION for Temporary Restraining Order filed by Defendant The Edge Fitness Clubs, LLC. (Telscher, Rudolph) (Per attorney document was served to other counsel via email on 8/23/19) (EAB). |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Lynn E. Rzonca. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 4644082075) by Defendant The Edge Fitness Clubs, LLC. (AFC) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice Iuniki Louise Ikahihifo-Bender. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 4644082076) by Defendant The Edge Fitness Clubs, LLC. (AFC) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Mark R. Privratsky. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 4644082077) by Defendant The Edge Fitness Clubs, LLC. (AFC) |
| Receipt 4644082075 in the amount of $100.00 for PRO HAC VICE on behalf of Ballard Spahr LLP (CCAM) |
| Receipt 4644082076 in the amount of $100.00 for PRO HAC VICE on behalf of Ballard Spahr LLP. (JWD) |
| Receipt 4644082077 in the amount of $100.00 for PRO HAC VICE on behalf of Ballard Spahr LLP. (JWD) |
| Filing 12 Joint MOTION for Protective Order by Defendant The Edge Fitness Clubs, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Granting Protective Order)(Telscher, Rudolph) |
| Filing 11 ENTRY of Appearance by Rudolph A. Telscher, Jr for Defendant The Edge Fitness Clubs, LLC. (Telscher, Rudolph) |
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Filing 10
Docket Text ORDER Re #9 Joint MOTION for Leave to File in Excess of Page Limitation by Plaintiff The Fitness Edge, Inc.. ; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on August 20, 2019. (MCB)
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| Filing 9 Joint MOTION for Leave to File in Excess of Page Limitation by Plaintiff The Fitness Edge, Inc.. (McGovern, Brian) |
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Filing 8
ORDER IT IS HEREBY ORDERED that a hearing on Plaintiff's motion for a Temporary Restraining Order (ECF No. #5 ) will be held on Wednesday, September 4, 2019, at 9:00 a.m., in Courtroom 12S of the United States District Court for the Eastern District of Missouri, 111 South 10th Street, St. Louis, Missouri 63102. IT IS FURTHER ORDERED that Defendant's response to Plaintiff's motion for a Temporary Restraining Order shall be due no later than August 23, 2019. Signed by District Judge Audrey G. Fleissig on 8/14/19. (KXS)
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| Filing 7 NOTICE Hearing: by Plaintiff The Fitness Edge, Inc. re #5 MOTION for Temporary Restraining Order , #6 Memorandum in Support of Motion (McGovern, Brian) |
| Filing 6 MEMORANDUM in Support of Motion re #5 MOTION for Temporary Restraining Order filed by Plaintiff The Fitness Edge, Inc.. (McGovern, Brian) |
| Filing 5 MOTION for Temporary Restraining Order by Plaintiff The Fitness Edge, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(McGovern, Brian) |
| Filing 4 AMENDED COMPLAINT against defendant The Fitness Edge, Inc. , filed by The Fitness Edge, Inc.. (Attachments: #1 Exhibit Exhibit 1)(McGovern, Brian) |
| Filing 3 NOTICE OF PROCESS SERVER by Plaintiff The Fitness Edge, Inc. Process Server: John Houseman (BAK) |
| ***REMARK - The Complaint is titled Plaintiff's Verified Complaint For Temporary Restraining Order, Preliminary And Permanent Injunction, Accounting And Damages. Attorney has been contacted and instructed to separately file the "Motion For Temporary Restraining Order" and the "Notice Requesting Hearing On Motion For Temporary Restraining Order, as required by the Administrative Procedures For Case Management/Electronic Case Filing II.C. Complaint and the Motion For Temporary Restraining Order Checklist. The Clerk's Office has been instructed to proceed with the judge assignment and case processing procedures. (MRC) |
| Case Opening Notification: 1 Summons(es) issued. The summons was emailed to attorney Brian E. McGovern. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. District Judge Audrey G. Fleissig. (BAK) |
| Receipt: $ 400.00, receipt number AMOEDC-7333133 for Civil Filing Fee. (BAK) |
| Filing 2 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff The Fitness Edge, Inc.. Parent companies: none, Subsidiaries: none, Publicly held company: none,. (McGovern, Brian) |
| Filing 1 COMPLAINT against defendant All Plaintiffs Non-Jury Demand,, filed by Brian Edward The Fitness Edge, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Complaint, #2 Civil Cover Sheet , #3 Original Filing Form, #4 Summons , #5 Form Notice of Intent to Use Process Server)(McGovern, Brian) |
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