Thousand Oaks Barrel Co., LLC v. The Partnerships, Companies, and Unincorporated Associations Identified on Schedule A
| Thousand Oaks Imaging Center, LLC |
| Digital Draw Network, Inc. and Digital Distillery LLC |
| 4:2023cv00904 |
| December 12, 2023 |
| US District Court for the Western District of Missouri |
| Greg Kays |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Plaintiff |
Docket Report
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Filing 39
Order of Dismissal. In light of Plaintiff's notice of voluntary dismissal without prejudice, all claims against Defendant Digital Distillery, LLC d/b/aAged and Charred, identified as Defendant No. 11, are dismissed without prejudice. Signed on January 19, 2024, by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk)
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| Filing 38 NOTICE of voluntary dismissal by Thousand Oaks Imaging Center, LLC (Stanley, Jordon) |
| Filing 37 NOTICE of appearance by Jordon Stanley on behalf of Thousand Oaks Imaging Center, LLC (Attorney Jordon Stanley added to party Thousand Oaks Imaging Center, LLC(pty:pla))(Stanley, Jordon) |
| Filing 36 DISCLOSURE OF CORPORATE INTERESTS filed by Stacey R. Gilman on behalf of Defendant Digital Distillery LLC.(Gilman, Stacey) |
| NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
| Filing 35 AMENDED NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP reassignment to outside neutral category I. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 34 AMENDED NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP reassignment to outside neutral category I. (Attachments: # 1 MAP General Order)(Woods, Gloria) Modified on 12/19/2023 to remove documents from entry. Incorrect event used, see entry #35 for correct filing event. (Woods, Gloria). |
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Filing 33
RULE 16 NOTICE. Rule 26 conference due by 1/18/2024. Proposed scheduling order due by 2/1/2024. Signed on 12/18/23 by District Judge Greg Kays. (Strodtman, Tracy)
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| Filing 32 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge Jill A. Morris. (Attachments: #1 MAP General Order)(Woods, Gloria) |
| Filing 31 NOTICE OF ASSIGNMENT. Upon transfer from the Eastern District of Virginia, this case is assigned to the Honorable Judge Greg Kays for all proceedings. This is a TEXT ONLY ENTRY. No document is attached. (Moore, Terri) |
| Filing 30 NOTICE of appearance by Stacey R. Gilman on behalf of Digital Distillery LLC dba Aged & Charred (Attorney Stacey R. Gilman added to party Digital Draw Network, Inc.(pty:dft))(Gilman, Stacey) Modified on 12/14/2023 to correct party name. Notice regenerated. (Matthes Mitra, Renea). |
| Filing 29 CASE TRANSFERRED IN from District of Virginia Eastern; Case Number 1:23-cv-01563. |
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Filing 28
ORDERED that Plaintiff's claims against Defendant No. 102, Nixxi (Amazon Merchant ID A3AWLQQ72QSTX9) and Defendant No. 85, Fine Goods Co. (Amazon Merchant ID A2XXOSEV8B88XA) are hereby DISMISSED WITHOUT PREJUDICE; and it is further ORDERED that the Temporary Restraining Order (Dkt. 14) is dissolved as to Defendant No. 102, Nixxi, and Defendant No. 85, Fine Goods Co. in re #27 Notice of Voluntary Dismissal, #26 Notice of Voluntary Dismissal. Signed by District Judge Michael S Nachmanoff on 12/13/2023. (Sbro) [Transferred from vaed on 12/13/2023.]
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| Filing 27 NOTICE of Voluntary Dismissal by Thousand Oaks Barrel Co., LLC (Sheets, Kendal) [Transferred from vaed on 12/13/2023.] |
| Filing 26 NOTICE of Voluntary Dismissal by Thousand Oaks Barrel Co., LLC (Sheets, Kendal) [Transferred from vaed on 12/13/2023.] |
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Filing 25
ORDERED that Plaintiff's claims against Defendant No. 27, JZ US Direct (Amazon Merchant ID AIOGKTZITU16B3) are hereby DISMISSED WITHOUT PREJUDICE in re #15 Notice of Voluntary Dismissal. Signed by District Judge Michael S Nachmanoff on 12/11/2023. (Sbro) [Transferred from vaed on 12/13/2023.]
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Filing 24
ORDERED that the re #23 Motion is GRANTED. ORDERED that : 1. The Temporary Restraining Order re #14 is hereby DISSOLVED as against Defendant Digital Distillery. 2. Amazon shall immediately release the following accounts (See Order for Details). 3. Except as modified herein, the Tempoary Restraining Order re #14 remains in full force and effect until December 15, 2023.4. The claims against Digital Distillery are hereby SEVERED from this action pursuant to Rule 21. 5. The action as against Digital Distillery (i.e., the severed claims) is hereby TRANSFERRED to the United States District Court for the Western District of Missouri, Western Division. Signed by District Judge Michael S Nachmanoff on 12/11/2023. (lcre, ) [Transferred from vaed on 12/13/2023.]
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| Case transferred (as to defendant Digital Distillery) to the Western District of Missouri, Western Division. Original file, certified copy of transfer order, and docket sheet sent. (lcre, ) [Transferred from vaed on 12/13/2023.] |
| ***Motion Hearing set for 12/11/2023 terminated per MSN Chambers. (lcre, ) [Transferred from vaed on 12/13/2023.] |
| Filing 23 Joint MOTION Partially Dissolving TRO, Severing Claims, and Transferring re #14 Order,,,, by Digital Distillery LLC. (Attachments: #1 Proposed Order)(Reilly, Craig) [Transferred from vaed on 12/13/2023.] |
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Filing 22
ORDERED that Plaintiff shall file a response to Defendant's motion no later than 12:00 P.M. on Monday, December 11, 2023; and it is further ORDERED that the Court will hear argument on Digital Distillery LLC's motion on Tuesday, December 12, 2023, at 11:00 A.M. in re #17 Emergency MOTION TO DISSOLVE TRO re #14 Order filed by Digital Distillery LLC. Signed by District Judge Michael S Nachmanoff on 12/08/2023. (wgar, ) [Transferred from vaed on 12/13/2023.]
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| Filing 21 NOTICE by Digital Distillery LLC re #17 Emergency MOTION TO DISSOLVE TRO re #14 Order,,,, NOTICE OF FILING REVISED PROPOSED ORDER (Attachments: #1 Proposed Order REVISED)(Reilly, Craig) [Transferred from vaed on 12/13/2023.] |
| Set Deadline as to #17 Emergency MOTION TO DISSOLVE TRO re #14 Order. Motion Hearing set for 12/12/2023 at 11:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (wgar, ) [Transferred from vaed on 12/13/2023.] |
| Filing 20 Request for Hearing by Digital Distillery LLC re #17 Emergency MOTION TO DISSOLVE TRO re #14 Order,,,, (Reilly, Craig) [Transferred from vaed on 12/13/2023.] |
| Filing 19 Declaration re #18 Memorandum in Support, #17 Emergency MOTION TO DISSOLVE TRO re #14 Order,,,, by Digital Distillery LLC. (Attachments: #1 Exhibit A)(Reilly, Craig) [Transferred from vaed on 12/13/2023.] |
| Filing 18 Memorandum in Support re #17 Emergency MOTION TO DISSOLVE TRO re #14 Order,,,, filed by Digital Distillery LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Reilly, Craig) [Transferred from vaed on 12/13/2023.] |
| Filing 17 Emergency MOTION TO DISSOLVE TRO re #14 Order,,,, by Digital Distillery LLC. (Attachments: #1 Proposed Order)(Reilly, Craig) [Transferred from vaed on 12/13/2023.] |
| Filing 16 NOTICE of Appearance by Craig Crandall Reilly on behalf of Digital Distillery LLC (Reilly, Craig) [Transferred from vaed on 12/13/2023.] |
| Filing 15 NOTICE of Voluntary Dismissal by Thousand Oaks Barrel Co., LLC (Sheets, Kendal) [Transferred from vaed on 12/13/2023.] |
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Filing 14
ORDERED thatt the MOTION for Temporary Restraining Order re #2 is GRANTED. ORDERED that Amazon.com shall freeze all accounts associated with Defendants identified in Schedule A attached to the complaint and prohibit the transfer of any monies held in such accounts.ORDERED that Plaintiff may serve limited discovery on Amazon.com sufficient to discover the amounts of any monies held by Amazon.com in association with Defendants. identified in Schedule A as well as any name, email address, address, telephone number, and bank account associated with such Amazon.com account(s). ORDERED that Plaintiff may serve the complaint upon Defendants using the email addresses determined during the course of limited discovery.ORDERED that any information disclosed to Plaintiff in response to discovery issued pursuant to this Order may be used solely for the purpose of protecting Plaintiff's rights as set forth in the complaint.ORDERED that pursuant to Fed. R. Civ. P 65(b)(2) this Temporary Restraining Order will expire on December 15, 2023. Signed by District Judge Michael S Nachmanoff on 12/1/2023. (lcre, ) [Transferred from vaed on 12/13/2023.]
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| Filing 13 Minute Entry for proceedings held before District Judge Michael S Nachmanoff:Motion Hearing held on 12/1/2023. Appearances of counsel. MOTION for Temporary Restraining Order re #2 argued and GRANTED. Motion Granted with regard to all defendants in both cases. TRO expires on 12/15/23. Parties directed to confer and submit joint briefing schedule. Motion with regard to discovery and service of email GRANTED. (Court Reporter D. Salters.)(lcre, ) [Transferred from vaed on 12/13/2023.] |
| Filing 12 NOTICE of Appearance by Cecil Elvis Key, Jr on behalf of The Partnerships, Companies, and Unincorporated Associations Identified on Schedule A (Key, Cecil) [Transferred from vaed on 12/13/2023.] |
| Filing 11 NOTICE of Appearance by Cecil Elvis Key, Jr on behalf of The Partnerships, Companies, and Unincorporated Associations Identified on Schedule A (Key, Cecil) [Transferred from vaed on 12/13/2023.] |
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Filing 10
ORDER granting #6 Motion for Pro hac vice Appointed Joseph J Zito for Thousand Oaks Barrel Co., LLC. Signed by District Judge Michael S Nachmanoff on 11/29/2023. (swil) [Transferred from vaed on 12/13/2023.]
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Filing 9
ORDER granting #7 Motion for Electronic Device Application. Signed by District Judge Michael S Nachmanoff on 11/29/2023. (Sbro) [Transferred from vaed on 12/13/2023.]
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| Filing 8 Financial Interest Disclosure Statement (Local Rule 7.1) by Thousand Oaks Barrel Co., LLC. (Sheets, Kendal) [Transferred from vaed on 12/13/2023.] |
| Filing 7 MOTION for Electronic Device Application by Thousand Oaks Barrel Co., LLC. (Sheets, Kendal) (Main Document 7 replaced to correct PDF fillable form on 11/29/2023) (Sbro). [Transferred from vaed on 12/13/2023.] |
| Filing 6 Motion to appear Pro Hac Vice by Joseph Zito and Certification of Local Counsel Kendal Sheets Filing fee $ 75, receipt number AVAEDC-9238207. by Thousand Oaks Barrel Co., LLC. (Sheets, Kendal) [Transferred from vaed on 12/13/2023.] |
| Filing 5 Report on the filing or determination of an action. (jlan) [Transferred from vaed on 12/13/2023.] |
| Initial Case Assignment to District Judge Michael S Nachmanoff and Magistrate Judge Lindsey R. Vaala. (jlan) [Transferred from vaed on 12/13/2023.] |
| Set Deadline as to #2 MOTION for Temporary Restraining Order. Motion Hearing set for 12/1/2023 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S. Nachmanoff. (jlan) [Transferred from vaed on 12/13/2023.] |
| Filing 4 Notice of Hearing Date set for 11/28/2023 re #3 Memorandum in Support, #2 MOTION for Temporary Restraining Order (Sheets, Kendal) [Transferred from vaed on 12/13/2023.] |
| Filing 3 Memorandum in Support re #2 MOTION for Temporary Restraining Order filed by Thousand Oaks Barrel Co., LLC. (Attachments: #1 Exhibit A)(Sheets, Kendal) [Transferred from vaed on 12/13/2023.] |
| Filing 2 MOTION for Temporary Restraining Order by Thousand Oaks Barrel Co., LLC. (Attachments: #1 Proposed Order)(Sheets, Kendal) [Transferred from vaed on 12/13/2023.] |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-9223979.), filed by Thousand Oaks Barrel Co., LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Schedule A, #3 Exhibit A, #4 Exhibit B)(Sheets, Kendal) [Transferred from vaed on 12/13/2023.] |
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