Sturm, Ruger & Co., Inc. v. American Outdoor Brands Corporation et al
| Sturm, Ruger & Co., Inc. |
| American Outdoor Brands Corporation, Smith & Wesson Corp. and Thompson/Center Arms Company, LLC |
| 1:2019cv00801 |
| July 31, 2019 |
| US District Court for the District of New Hampshire |
| Joseph N Laplante |
| Trademark |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 19 ANSWER to #1 Complaint - New Case,,, filed by American Outdoor Brands Corporation, Smith & Wesson Corp., Thompson/Center Arms Company, LLC.(Cole, Christopher) |
Filing 18
PROCEDURAL ORDER HEARING ON #3 Motion for Preliminary Injunction. Hearing set for November 25 and 26, 2019 at 9:30 a.m. Notification of experts, request for production of documents and interrogatories, expert disclosures and depositions as outlined. On or before November 1, 2019, defendant shall file their objection and opposition to the motion for preliminary injunction. Single timeline, single statement of agreed facts, separately filed statement of disputed facts on or before November 8, 2019. Witness lists, exhibit lists and proposed findings of fact and rulings of law by November 18, 2019. Plaintiff shall file proposed order as outlined by November 20, 2019. So Ordered by Judge Joseph N. Laplante.(jb)
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| Filing 17 Assented to MOTION to Extend Time to Answer to September 13, 2019 filed by American Outdoor Brands Corporation, Smith & Wesson Corp., Thompson/Center Arms Company, LLC.(Lirette, Ryan) |
| HEARING NOTICE re: #3 MOTION for Preliminary Injunction. Motion/Evidentiary Hearing set for 11/25/2019 at 09:30 AM and 11/26/2019 at 9:30 AM before Judge Joseph N. Laplante.(jb) |
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ENDORSED ORDER granting #17 Motion to Extend Time to Answer to September 13, 2019 re #1 Complaint. Text of Order: The Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 9/13/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(jb)
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ENDORSED ORDER taking under advisement #16 Motion to Extend Time to Object/Respond. Text of Order: Under advisement. The objection deadline will be set in the order that the court issues upon the selection of the preliminary injunction hearing date. So Ordered by Judge Joseph N. Laplante.(jb)
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| Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 8/26/2019. (Pltfs Atty: James F. Laboe, Esq.) (Defts Atty: Christopher Cole, Esq., Hara Jacobs, Esq., Noah Robbins, Esq.)(Total Hearing Time: 20 minutes) (cmp) |
| RESCHEDULING NOTICE of Hearing (time change only). Telephone Conference reset for 8/26/2019 at 03:00 PM (from 4:00 PM) before Judge Joseph N. Laplante. The court will initiate the call.(jb) |
| NOTICE of Hearing. Telephone Conference set for 8/26/2019 at 04:00 PM before Judge Joseph N. Laplante. The court will initiate the call.(jb) |
| NOTICE of Hearing. Telephone Conference set for 8/19/2019 at 04:30 PM before Judge Joseph N. Laplante. The court will initiate the call.(jb) |
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ENDORSED ORDER reviewing #14 BRIEF/MEMORANDUM Regarding the Consequences of Plaintiff's Delay in Seeking a Preliminary Injunction. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(jb)
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| Filing 16 Assented to MOTION to Extend Time to Object/Respond to #3 MOTION for Preliminary Injunction to Deadline set by court filed by American Outdoor Brands Corporation, Smith & Wesson Corp., Thompson/Center Arms Company, LLC.(Cole, Christopher) |
| NOTICE of ECF Filing Error re: #13 Defendants' Proposed Schedule on Plaintiff's Motion for Preliminary Injunction filed by Thompson/Center Arms Company, LLC, American Outdoor Brands Corporation, Smith & Wesson Corp., #14 BRIEF/MEMORANDUM Regarding the Consequences of Plaintiff's Delay in Seeking a Preliminary Injunction filed by Thompson/Center Arms Company, LLC, American Outdoor Brands Corporation, Smith & Wesson Corp. No description of exhibit or attachment was included. Exhibit or attachment shall be followed by a short description of the document and shall not exceed five words. AP 2.5(a). See #Properly Attach Exhibits to Pleadings in ECF. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374.(jb) |
| Filing 15 Plaintiff's Proposed Schedule for Hearing on Motion for Preliminary Injunction by Sturm, Ruger & Co., Inc.(Laboe, James) |
| Filing 14 BRIEF/MEMORANDUM Regarding the Consequences of Plaintiff's Delay in Seeking a Preliminary Injunction by American Outdoor Brands Corporation, Smith & Wesson Corp., Thompson/Center Arms Company, LLC (Attachments: #1 Exhibit A - 7/31/19 with letter and documents)(Cole, Christopher) Modified on 8/12/2019 to add exhibit description (jb). |
| Filing 13 Defendants' Proposed Schedule on Plaintiff's Motion for Preliminary Injunction by American Outdoor Brands Corporation, Smith & Wesson Corp., Thompson/Center Arms Company, LLC (Attachments: #1 Exhibit A - Email correspondence)(Cole, Christopher) Modified on 8/12/2019 to add exhibit description (jb). |
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ENDORSED ORDER reviewing #12 STIPULATION re: Deadline to Answer Complaint. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(jb)
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| Filing 12 STIPULATION re: Deadline to Answer Complaint by Sturm, Ruger & Co., Inc.(Laboe, James) |
| Filing 11 AFFIDAVIT of Service of Summons, Complaint, Motion for Preliminary Injunction as to Thompson/Center Arms Company, LLC filed by Sturm, Ruger & Co., Inc.. Served/Mailed on 8/2/2019. Answer Follow Up on 8/23/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Laboe, James) |
| Filing 10 AFFIDAVIT of Service of Summons, Complaint, Motion for Preliminary Injunction as to Smith & Wesson Corp. filed by Sturm, Ruger & Co., Inc.. Served/Mailed on 8/2/2019. Answer Follow Up on 8/23/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Laboe, James) |
| Filing 9 AFFIDAVIT of Service of Summons, Complaint, Motion for Preliminary Injunction as to American Outdoor Brands Corporation filed by Sturm, Ruger & Co., Inc.. Served/Mailed on 8/2/2019. Answer Follow Up on 8/23/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Laboe, James) |
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ENDORSED ORDER granting #8 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Noah S. Robbins complete an online ECF Registration Form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante. ECF Registration Deadline set for 8/19/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
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ENDORSED ORDER granting #7 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Hara K. Jacobs complete an online ECF Registration Form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante. ECF Registration Deadline set for 8/19/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(jb)
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| Filing 8 Assented to MOTION for Noah S. Robbins to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1845298.) filed by American Outdoor Brands Corporation, Smith & Wesson Corp., Thompson/Center Arms Company, LLC. (Attachments: #1 Exhibit (Affidavit) Noah S. Robbins)(Cole, Christopher) |
| Filing 7 Assented to MOTION for Hara K. Jacobs to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1845287.) filed by American Outdoor Brands Corporation, Smith & Wesson Corp., Thompson/Center Arms Company, LLC. (Attachments: #1 Exhibit (Affidavit) Hara K. Jacobs, Esq.)(Cole, Christopher) |
| Filing 6 NOTICE of Attorney Appearance by Ryan Paul Lirette on behalf of American Outdoor Brands Corporation, Smith & Wesson Corp., Thompson/Center Arms Company, LLC Attorney Ryan Paul Lirette added to party American Outdoor Brands Corporation(pty:dft), Attorney Ryan Paul Lirette added to party Smith & Wesson Corp.(pty:dft), Attorney Ryan Paul Lirette added to party Thompson/Center Arms Company, LLC(pty:dft).(Lirette, Ryan) |
| Filing 5 NOTICE of Attorney Appearance by Christopher Cole on behalf of American Outdoor Brands Corporation, Smith & Wesson Corp., Thompson/Center Arms Company, LLC Attorney Christopher Cole added to party American Outdoor Brands Corporation(pty:dft), Attorney Christopher Cole added to party Smith & Wesson Corp.(pty:dft), Attorney Christopher Cole added to party Thompson/Center Arms Company, LLC(pty:dft).(Cole, Christopher) |
| Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 8/5/2019. Counsel shall file a stipulation as to deadlines on or before August 9, 2019. (Pltfs Atty: James F. Laboe, Esq.) (Defts Atty: Christopher Cole, Esq., Hara Jacobs, Esq., Noah Robbins, Esq.)(Total Hearing Time: 35 minutes) (cmp) |
| NOTICE of Hearing. Telephone Conference set for 8/5/2019 at 02:00 PM before Judge Joseph N. Laplante. The court will initiate the call.(cmp) |
| Filing 4 Summonses issued electronically as to American Outdoor Brands Corporation, Smith & Wesson Corp., Thompson/Center Arms Company, LLC. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(mc) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc) |
| Case assigned to Judge Joseph N. Laplante. The case designation is: 1:19-cv-801-JL. Please show this number with the judge designation on all future pleadings. (mc) |
| Filing 3 MOTION for Preliminary Injunction filed by Sturm, Ruger & Co., Inc.. Follow up on Objection on 8/14/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law in Support of Preliminary Injunction, #2 Exhibit (Affidavit) Declaration of Kevin Reid, #3 Attachment to Exhibit Exhibit A - Publications, #4 Attachment to Exhibit Exhibit B - Advertisements, #5 Attachment to Exhibit Exhibit C - Bredbury Report, #6 Attachment to Exhibit Exhibit D - Competitor Rifles, #7 Attachment to Exhibit Exhibit E - May 9, 2018 NRA Shooting Illustrated, #8 Attachment to Exhibit Exhibit F - Aug 21, 2018 NRA Shooting Illustrated, #9 Attachment to Exhibit Exhibit G - Dec 13, 2018 Truth About Guns Review, #10 Attachment to Exhibit Exhibit H - Side-By-Side Comparison, #11 Attachment to Exhibit Exhibit I - Ericksen Secondary Meaning Survey, #12 Attachment to Exhibit Exhibit J - Ericksen Confusion Survey, #13 Proposed Order)(Laboe, James) |
| Filing 2 Disclosure Statement by Sturm, Ruger & Co., Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Laboe, James) |
| Filing 1 NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 400, receipt number 0102-1843036 filed by Sturm, Ruger & Co., Inc.. (Attachments: #1 Exhibit A - Ruger Competitors, #2 Exhibit B - 10/22 Rifle Ads and Pubs, #3 Exhibit C - May 9, 2018 NRA Shooting Illustrated, #4 Exhibit D - Aug, 21, 2018 NRA Shooting Illustrated, #5 Exhibit E - Dec 13, 2018 Truth About Guns Review, #6 Exhibit F - Side-By-Side Comparison, #7 Civil Cover Sheet, #8 Summons - Waiver American Outdoor Brands, #9 Summons - Waiver Smith & Wesson Corp, #10 Summons - Waiver Thompson/Center). Complaint includes a claim under the NH Consumer Protection Act. A copy of the Complaint has been sent to the NH Attorney General via an automatic Notice of Electronic filing.(Laboe, James) |
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