Tough Guy Limited v Tough Mudder, LLC et al Featured Case
Plaintiff: Tough Guy Limited
Defendant: Will Dean, Guy Livingstone and Tough Mudder LLC
Case Number: 1:2010cv05620
Filed: December 10, 2010
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: John Gleeson
Presiding Judge: Steven M. Gold
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 3, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2010 Filing 33 NOTICE of Appearance by Edward P. Dietrich on behalf of Will Dean, Guy Livingstone, Tough Mudder LLC (aty to be noticed) (Dietrich, Edward)
December 10, 2010 Opinion or Order Filing 32 SCHEDULING ORDER: An initial conference will be held in this case at 11:00 a.m. on March 23, 2011 before Chief United States Magistrate Judge Steven M. Gold, at 225 Cadman Plaza East, Brooklyn, New York. Parties must check in with chambers, Room 1217, upon arrival. Counsel for all parties must be present. The Court recognizes that presently all counsel are located in California. Should it be necessary for counsel to appear by telephone for the conference once pro hac vice motions are filed and continued representation is confirmed, counsel my submit an application requesting to appear by phone. Counsel are directed to refer to and comply with the attached Order. So Ordered by Chief Magistrate Judge Steven M. Gold on 12/10/2010. (Attachments: # 1 Chambers Individual Rules) (Vasquez, Lea)
December 10, 2010 Filing 31 Case transferred in from District of California Eastern; Case Number 2:10-cv-01468. Original file certified copy of transfer order and docket sheet received.
December 10, 2010 The case of Tough Guy Limited v. Tough Mudder, LLC et al, has been transferred from Eastern District of California to the Eastern District of New York. The new case number is 10-cv-5620. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly)
December 3, 2010 Opinion or Order Filing 29 ORDER signed by Judge John A. Mendez on 12/3/10 ORDERING this CASE TRANSFERRED to District of Eastern District of NY. CASE CLOSED. (Carlos, K) [Transferred from California Eastern on 12/10/2010.]
November 30, 2010 Filing 28 BRIEF Regarding Proper Venue of Action by Tough Mudder LLC. (Siben, Matthew) [Transferred from California Eastern on 12/10/2010.]
November 30, 2010 Filing 27 NOTICE Proof of Service by Tough Guy Limited re 26 Brief. (Shields, Mark) [Transferred from California Eastern on 12/10/2010.]
November 30, 2010 Filing 26 BRIEF re Proper Venue of Action in the Eastern District of California by Tough Guy Limited. (Shields, Mark) [Transferred from California Eastern on 12/10/2010.]
November 16, 2010 Filing 25 MINUTE ORDER: Plaintiffs Complaint alleges that venue lies in the Eastern District of California because an October 2010 race occurred in Bear Valley, in Calaveras, California. At a minimum, the Court is required to transfer this case to the Fresno Courthouse in the Eastern District of California pursuant to L.R. 120. Before that occurs, the Court orders the parties to each submit a brief within two weeks of this order explaining why venue is proper in the Eastern District of California and why the case should not be transferred to New York where all Defendants reside. The Court will hold Defendants Motion to Dismiss in abeyance until the venue issue is decided. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) [Transferred from California Eastern on 12/10/2010.]
September 10, 2010 Filing 24 MINUTE ORDER: The hearing on the motion(s) now calendared for September 15, 2010 are ordered submitted without appearance and without argument pursuant to Local Rule 230 (g).If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY) (Vine, H) [Transferred from California Eastern on 12/10/2010.]
September 8, 2010 Filing 23 REPLY by Tough Mudder LLC to RESPONSE to 16 Request for Judicial Notice. (Siben, Matthew) Modified on 9/15/2010 (Zignago, K.). [Transferred from California Eastern on 12/10/2010.]
September 8, 2010 Filing 22 REPLY by Tough Mudder LLC to RESPONSE to 13 Motion to Dismiss. (Siben, Matthew) Modified on 9/15/2010 (Zignago, K.). [Transferred from California Eastern on 12/10/2010.]
September 1, 2010 Filing 21 OPPOSITION by Tough Guy Limited to 13 MOTION to DISMISS. (Attachments: # 1 Memorandum Objection to Request for Judicial Notice, # 2 Proof of Service)(Shields, Mark) [Transferred from California Eastern on 12/10/2010.]
August 23, 2010 Filing 20 MINUTE ORDER: The parties shall file an updated joint status report within 21 days of the Court's ruling on the pending motion to dismiss [Docket #13]. (TEXT ENTRY ONLY) (Vine, H) [Transferred from California Eastern on 12/10/2010.]
August 20, 2010 Filing 19 NOTICE Proof of Service re Joint Status Report by Tough Guy Limited re 18 Status Report. (Shields, Mark) [Transferred from California Eastern on 12/10/2010.]
August 20, 2010 Filing 18 JOINT STATUS REPORT by Tough Guy Limited. (Shields, Mark) [Transferred from California Eastern on 12/10/2010.]
July 23, 2010 Filing 17 PROPOSED ORDER re 13 MOTION to DISMISS. (Siben, Matthew) [Transferred from California Eastern on 12/10/2010.]
July 23, 2010 Filing 16 REQUEST for JUDICIAL NOTICE by Tough Mudder LLC. (Siben, Matthew) [Transferred from California Eastern on 12/10/2010.]
July 23, 2010 Filing 15 DECLARATION of Matthew P. Siben in Support of 13 MOTION to DISMISS. (Siben, Matthew) [Transferred from California Eastern on 12/10/2010.]
July 23, 2010 Filing 14 MEMORANDUM by Tough Mudder LLC in SUPPORT of 13 MOTION to DISMISS. (Siben, Matthew) [Transferred from California Eastern on 12/10/2010.]
July 23, 2010 Filing 13 MOTION to DISMISS by Tough Mudder LLC. Motion Hearing set for 9/15/2010 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Siben, Matthew) [Transferred from California Eastern on 12/10/2010.]
July 8, 2010 Filing 12 STIPULATION re 1 Complaint Extending Time for Defendants to Respond by Will Dean, Guy Livingstone, Tough Guy Limited, Tough Mudder LLC. Attorney Siben, Matthew P. added. (Siben, Matthew) [Transferred from California Eastern on 12/10/2010.]
July 8, 2010 Filing 11 NOTICE of Corporate Disclosure Statement by Tough Mudder LLC. (Siben, Matthew) [Transferred from California Eastern on 12/10/2010.]
July 8, 2010 Filing 10 CONSENT to JURISDICTION by US MAGISTRATE JUDGE by Tough Mudder LLC. (Siben, Matthew) [Transferred from California Eastern on 12/10/2010.]
July 8, 2010 Filing 9 NOTICE of APPEARANCE by Matthew P. Siben on behalf of Tough Mudder LLC. Attorney Siben, Matthew P. added. (Siben, Matthew) [Transferred from California Eastern on 12/10/2010.]
July 1, 2010 Filing 8 SUMMONS RETURNED EXECUTED: Guy Livingstone served on 6/22/2010, answer due 7/13/2010. (Shields, Mark) [Transferred from California Eastern on 12/10/2010.]
July 1, 2010 Filing 7 SUMMONS RETURNED EXECUTED: Will Dean served on 6/22/2010, answer due 7/13/2010. (Shields, Mark) [Transferred from California Eastern on 12/10/2010.]
July 1, 2010 Filing 6 SUMMONS RETURNED EXECUTED: Tough Guy Limited served on 6/21/2010, answer due 7/12/2010. (Shields, Mark) [Transferred from California Eastern on 12/10/2010.]
June 16, 2010 Filing 5 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Tough Guy Limited. (Shields, Mark) [Transferred from California Eastern on 12/10/2010.]
June 15, 2010 Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 Order re Page Limits, # 3 VDRP Form) (Williams, D) [Transferred from California Eastern on 12/10/2010.]
June 15, 2010 Filing 3 SUMMONS ISSUED as to *Tough Mudder LLC, Will Dean, Guy Livingstone* with answer to complaint due within *21* days. Attorney *Mark Shields* *550 West C Street* *Suite 1950* *San Diego, CA 92101*. (Williams, D) [Transferred from California Eastern on 12/10/2010.]
June 15, 2010 RECEIPT number #CAE200027091 $350.00 fbo Tough Guy Limited by Leah Cox on 6/15/2010. (Williams, D) [Transferred from California Eastern on 12/10/2010.]
June 11, 2010 Filing 1 COMPLAINT against all defendants by Tough Guy Limited. Attorney Shields, Mark D. added. (Attachments: # 1 Civil Cover Sheet, # 2 Summons in a Civil Case)(Shields, Mark) [Transferred from California Eastern on 12/10/2010.]

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Defendant: Will Dean
Represented By: Edward P. Dietrich
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Defendant: Guy Livingstone
Represented By: Edward P. Dietrich
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Defendant: Tough Mudder LLC
Represented By: Edward P. Dietrich
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Plaintiff: Tough Guy Limited
Represented By: Mark D. Shields
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