North America Association, LLC v. Smith
| North America Association, LLC |
| Kati Marie Smith |
| 2:2020cv01650 |
| September 7, 2020 |
| US District Court for the District of Nevada |
| James C Mahan |
| Brenda Weksler |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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This docket was last retrieved on October 30, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 40 STATUS REPORT by Plaintiff North America Association, LLC. (Rinehart, Steven) |
| Filing 39 STATUS REPORT by Defendant Kati Marie Smith. (Attachments: #1 Exhibit A) (Austin, F.) |
| Filing 38 TRANSCRIPT of Proceedings, 36 Continued Status Conference, held on 10/16/2020, before Judge James C. Mahan. Court Reporter: Shayna Montgomery, SM@nvd.uscourts.gov. Any Redaction Request is due by 11/13/2020. Redacted Transcript Deadline is set for 11/23/2020. Release of the Transcript Restriction is set for 1/21/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. The Transcript Order form is available on the court website. After that date, it may be obtained through the court reporter or PACER. (SM) |
| Filing 37 TRANSCRIPT of Proceedings, 23 Motion Hearing, held on 09/16/2020, before Judge James C. Mahan. Court Reporter: Shayna Montgomery, SM@nvd.uscourts.gov. Any Redaction Request is due by 11/13/2020. Redacted Transcript Deadline is set for 11/23/2020. Release of the Transcript Restriction is set for 1/21/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the court reporter. The Transcript Order form is available on the court website. After that date, it may be obtained through the court reporter or PACER. (SM) |
| Filing 36 MINUTES OF PROCEEDINGS - Continued Status Conference held on 10/16/2020 before Judge James C. Mahan. Crtrm Administrator: NEV; Pla Counsel: Steven Rinhart and Chad Clement; Def Counsel: F. Christopher Austin; Court Reporter: Shayna Montgomery; Time of Hearing: 10:52 a.m. - 11:05 a.m.; Courtroom: 6A. Also present: George Swartz.The Court makes preliminary statements and a discussion is held regarding the status of the case. The parties are instructed to contact the courtroom administrator, if needed. A one page status report from each party is due 10/30/2020.Continued Status Conference set for 11/18/2020 at 11:00 AM in LV Courtroom 6A before Judge James C. Mahan. (no image attached) (Copies have been distributed pursuant to the NEF - NEV) |
| Filing 35 NOTICE of Bankruptcy by Kati Marie Smith. (Attachments: #1 Exhibit A) (Austin, F.) |
| Filing 34 MOTION for Entry of Clerk's Default by Plaintiff North America Association, LLC. Responses due by 10/29/2020. (Rinehart, Steven) |
| Filing 33 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 10/14/2020 before Judge James C. Mahan. Crtrm Administrator: NEV; Pla Counsel: Phillip Rinehart and Steven Rinehart; Def Counsel: F. Christopher Austin; also present is defendant Kati Marie Smith; Court Reporter: Shayna Montgomery; Time of Hearing: 11:05 a.m. - 11:16 a.m.; Courtroom: 6A. The Court makes preliminary statements and a discussion is held regarding the status of the case. The Court is inclined to appoint a receiver. IT IS ORDERED that Defendant's #30 Motion to Strike Plaintiff's #29 Status Report is GRANTED. Court adjourns.Continued Status Conference set for 10/16/2020 at 10:30 AM in LV Courtroom 6A before Judge James C. Mahan. (no image attached) (Copies have been distributed pursuant to the NEF - NEV) |
| Filing 32 DECLARATION of Kati M. Smith In Support of Motion to Strike Plaintiff's Status Report re #30 Motion to Strike by Defendant Kati Marie Smith. (Austin, F.) |
| Filing 31 MEMORANDUM to #30 Motion to Strike by Plaintiff North America Association, LLC. (Attachments: #1 Exhibit Message Board Post) (Rinehart, Steven) |
| Filing 30 MOTION to Strike #29 Status Report by Defendant Kati Marie Smith. Responses due by 10/28/2020. (Attachments: #1 Declaration F. Chris Austin, #2 Exhibit A - Independent Contractor Agreement) (Austin, F.) |
| Filing 29 STRICKEN per #33 Minutes of Proceedings STATUS REPORT by Plaintiff North America Association, LLC. (Attachments: #1 Exhibit Exhibit A - Email 1, #2 Exhibit Exhibit B - Email 2, #3 Exhibit Exhibit C - Abb. Bio.) (Rinehart, Steven) Modified on 10/14/2020 (DKJ). |
| Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 10/5/2020. The Continued Telephonic Status Conference is ADVANCED in TIME ONLY on 10/14/2020 at 11:00 AM in LV Courtroom 6A before Judge James C. Mahan. IT IS HEREBY ORDERED that counsel shall appear telephonically by calling the Court conference line at 888-363-4734 at least five minutes prior to the hearing. The access code is 6910695#. In order to ensure a clear recording of the hearing, the call must be made using a land line phone. Cell phone calls, as well as the use of a speaker phone, are prohibited. Please note the parties are asked to remain silent until their case is called. (no image attached) (Copies have been distributed pursuant to the NEF - NEV) |
| Filing 27 First AMENDED COMPLAINT against Kati Marie Smith by North America Association, LLC. No changes to parties. (Attachments: #1 Exhibit A (Agreement), #2 Exhibit B (Payment Proof), #3 Exhibit C (Letter), #4 Exhibit D (Letter)) (Rinehart, Phillip) |
| Filing 26 MINUTES OF PROCEEDINGS - Telephonic Status Conference re #6 Plaintiff's Emergency Ex Parte Motion for Temporary Restraining Order held on 9/23/2020 before Judge James C. Mahan. Crtrm Administrator: NEV; Pla Counsel: Steven Rinehart, Esq.; Def Counsel: F. Christopher Austin, Esq.; Court Reporter: Shayna Montgomery; Recording start and end times: 10:42 a.m. - 10:51 a.m.; Courtroom: 6A. The Court makes preliminary statements and a discussion is held regarding the efforts taken by the parties to resolve pending issues. The parties are instructed to submit a proposed order if an agreement is reached. Court adjourns. Continued Telephonic Status Conference set for 10/14/2020 at 11:30 AM in LV Courtroom 6A before Judge James C. Mahan. (no image attached) (Copies have been distributed pursuant to the NEF - NEV) Modified on 9/24/2020 (NEV). |
Filing 25
ORDER Granting #11 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Steven Rinehart for North America Association, LLC and approving Designation of Local Counsel Phillip Mark Rinehart. Signed by Judge James C. Mahan on 9/18/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MR)
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| Filing 24 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 9/17/2020. Telephonic Status Conference set for 9/23/2020 at 11:00 AM is ADVANCED IN TIME ONLY to 9/23/2020 at 10:30 AM in LV Courtroom 6A before Judge James C. Mahan. (no image attached) (Copies have been distributed pursuant to the NEF - NEV) |
| Filing 23 MINUTES OF PROCEEDINGS - Telephonic Motion Hearing re #6 Plaintiff's Emergency Ex Parte Motion for Temporary Restraining Order held on 9/16/2020 before Judge James C. Mahan. Crtrm Administrator: NEV; Pla Counsel: Phillip Rinehart and Steven Rinehart; Def Counsel: F. Christopher Austin; Court Reporter: Shayna Montgomery; Time of Hearing: 10:45 a.m. - 11:00 a.m.; Courtroom: 6A.The Court makes preliminary statements and hears arguments of counsel regarding #6 Plaintiff's Emergency Ex Parte Motion for Temporary Restraining Order. As stated on the record, Plaintiff's #6 Motion is DENIED. A Telephonic Status Conference is set for 9/23/2020 at 11:00 AM in LV Courtroom 6A before Judge James C. Mahan.IT IS HEREBY ORDERED that counsel shall appear telephonically by calling the Court conference line at 888-363-4734 at least five minutes prior to the hearing. The access code is 6910695#. In order to ensure a clear recording of the hearing, the call must be made using a land line phone. Cell phone calls, as well as the use of a speaker phone, are prohibited. Please note the parties are asked to remain silent until their case is called. (no image attached) (Copies have been distributed pursuant to the NEF - NEV) |
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Filing 22
ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that #6 NAA's emergency ex parte motion for temporary restraining order be, and the same hereby is, DENIED. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that #13 Kati Smith's motion to extend the time to file her opposition to the temporary restraining order be, and the same hereby is, GRANTED. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that #16 NAA's motion to strike portions of Smith's opposition be, and the same hereby is, DENIED. Signed by Judge James C. Mahan on 9/16/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 21
ORDER Granting #10 Motion to Extend Time re #6 Motion for TRO (First Request). Signed by Judge James C. Mahan on 9/16/2020. (Copies have been distributed pursuant to the NEF - MR) Modified on 9/16/2020 to correct linked motion (MR).
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| Filing 20 RESPONSE to #16 Motion to Strike by Defendant Kati Marie Smith. Replies due by 9/23/2020. (Attachments: #1 Declaration of F. Christopher Austin, #2 Exhibit H) (Austin, F.) |
| Filing 19 EXHIBIT I (NAA Denied Adsense Account) to #12 Response, by Defendant Kati Marie Smith. (Austin, F.) |
| Filing 18 EXHIBIT H (Google AdSense Agreement) to #12 Response, by Defendant Kati Marie Smith. (Austin, F.) |
| Filing 17 REPLY to #12 Response to #6 Motion for Temporary Restraining Order, by Plaintiff North America Association, LLC. (Attachments: #1 Declaration of Michael Anderson) (Rinehart, Phillip) Modified on 9/16/2020 pursuant to LR IC 2-2(d) (DKJ). |
| Filing 16 MOTION to Strike #12 Response, by Plaintiff North America Association, LLC. Responses due by 9/29/2020. (Attachments: #1 Declaration Declaration of Evelyn Barrios) (Rinehart, Phillip) |
| Filing 15 NOTICE of Corrected Image/Document re #11 Motion for Permission to Practice Pro Hac Vice - Verified Petition, by Plaintiff North America Association, LLC. (Service of corrected image is attached.) (Attachments: #1 Exhibit Utah Certificate of Good Standing, #2 Exhibit Virginia Certificate of Good Standing) (Rinehart, Phillip) |
| Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 9/15/2020 Re: #11 Motion for Permission to Practice Pro Hac Vice - Verified Petition.IT IS HEREBY ORDERED that a ruling on Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel #11 is DEFERRED. IT IS FURTHER ORDERED that Petitioner, Steven T. Rinehart, shall provide a current Certificate of Good Standing from EACH state in which Petitioner has been admitted to practice law, in accordance with the instruction set forth on Page 2, No. 3, of the Verified Petition.Petitioner shall have 14 days from the entry of this order to file the corrected Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy this deficiency will result in the denial of the Verified Petition, and Petitioner will be required to refile and to repay the filing fee. (no image attached) (Copies have been distributed pursuant to the NEF - NEV) |
| Filing 13 MOTION to Extend Time (Second Request) to File Opposition to Motion for Temporary Restraining Order re #10 Stipulation, #6 Motion for TRO by Defendant Kati Marie Smith. (Attachments: #1 Declaration F. Chris Austin) (Austin, F.) |
| Filing 12 RESPONSE to #6 Motion for TRO by Defendant Kati Marie Smith. Replies due by 9/22/2020. (Attachments: #1 Declaration Kati Smith, #2 Declaration N. Raina (Elite Alliance), #3 Declaration F. Chris Austin, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G) (Austin, F.) |
| Filing 11 VIEW #15 corrected image re MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Steven L. Rinehart and DESIGNATION of Local Counsel Phillip M. Rinehart (Filing fee $ 250 receipt number 0978-6169665) by Plaintiff North America Association, LLC. (Rinehart, Phillip) |
| Filing 10 STIPULATION FOR EXTENSION OF TIME (First Request) re #7 Order, by Defendant Kati Marie Smith. (Austin, F.) |
| Filing 9 SUMMONS Returned Executed by North America Association, LLC re #7 Order, #4 Summons Issued, #1 Complaint,, #6 Motion for TRO. Kati Marie Smith served on 9/10/2020. (Rinehart, Phillip) |
| Filing 8 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 9/11/2020 Re: Motion Hearing set for 9/16/2020 at 10:30 AM for #6 Emergency Motion for Temporary Restraining Order by Plaintiff North America Association, LLC. IT IS HEREBY ORDERED that counsel shall appear telephonically by calling the Court conference line at 888-363-4734 at least five minutes prior to the hearing. The access code is 6910695#. In order to ensure a clear recording of the hearing, the call must be made using a land line phone. Cell phone calls, as well as the use of a speaker phone, are prohibited. Please note the parties are asked to remain silent until their case is called.(no image attached) (Copies have been distributed pursuant to the NEF - NEV) |
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Filing 7
ORDER Setting Deadlines and Hearing on #6 Motion for Temporary Restraining Order. Responses due by 9/14/2020 by 5:00 pm. Replies due by 9/15/2020 by 5:00 pm. Motion Hearing set for 9/16/2020 at 10:30 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 9/10/2020. (Copies have been distributed pursuant to the NEF - DRS)
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| Filing 6 Emergency MOTION for Temporary Restraining Order by Plaintiff North America Association, LLC. (Attachments: #1 Declaration Denise Darrell, #2 Proposed Order TRO) (Rinehart, Phillip) |
| Filing 5 NOTICE : Plaintiff's Corporate Disclosure Statement by North America Association, LLC. (Rinehart, Phillip) |
| Filing 4 Summons Issued as to Kati Marie Smith re #1 Complaint. (MR) |
| Filing 3 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Complaint) (MR) |
| Filing 2 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Steven L. Rinehart to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 9/22/2020. (no image attached) (MR) |
| Case randomly assigned to Judge James C. Mahan and Magistrate Judge Brenda Weksler. (MR) |
| Filing 1 COMPLAINT against Kati Marie Smith (Filing fee $400 receipt number 0978-6159263) by North America Association, LLC. Proof of service due by 12/6/2020. (Attachments: #1 Exhibit Agreement, #2 Exhibit Proof of Payment, #3 Exhibit Letter (NAA to Smith), #4 Exhibit Letter (Miller to Smith), #5 Summons Summons for Kati Marie Smith, #6 Civil Cover Sheet Civil Cover Sheet) (Rinehart, Phillip) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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| Defendant: Kati Marie Smith | |
| Represented By: | F. Christopher Austin |
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| Plaintiff: North America Association, LLC | |
| Represented By: | Phillip Mark Rinehart |
| Represented By: | Steven L Rinehart |
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