BLUE MARTINI FOUNDERS, LLC V. BEST 318, INC., ET AL.
| BLUE MARTINI FOUNDERS, LLC |
| BEST 318, INC., JORGE FELIX RIVERO PRADO, LUIS MANGUAL TORRES and DOES 1-10, INCLUSIVE |
| 1:2015cv00712 |
| August 28, 2015 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Alamance |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Trademark |
| 15 U.S.C. § 1125 |
| Defendant |
Docket Report
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Filing 24
ORDER AND JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 11/03/2016; that: 1. This action is hereby dismissed with prejudice pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(ii) against all Defendants; 2. This dismissal is subject to and predicated upon the settlement agreement that gave rise to this dismissal; 3. The parties will each bear their respective costs and attorneys' fees as incurred against one another in connection with this action; and 4. The Court will retain jurisdiction to enforce the terms of the settlement agreement entered into in this matter, should such become necessary, upon filing of a motion to reopen the case. (Garland, Leah)
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| CASE REFERRED RE: #23 Stipulation of Dismissal, to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 23 STIPULATION of Dismissal of All Defendants (Joint Stipulation) by BLUE MARTINI FOUNDERS, LLC. (Attachments: #1 Text of Proposed Order)(GAROFALO, MEL) |
| Filing 22 NOTICE of Appearance by attorney MEL JOSEPH GAROFALO on behalf of Plaintiff BLUE MARTINI FOUNDERS, LLC (GAROFALO, MEL) |
| Case Reported Settled by counsel for plaintiff. Stipulation of Dismissal due by 11/7/2016. (Sanders, Marlene) |
| Filing 21 NOTICE of Hearing: Master Trial Calendar: Jury Trial set for 4/3/2017 at 9:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE. Trial Briefs and proposed instructions on issues due 3/13/17. (Sanders, Marlene) |
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Filing 20
ORDER Appointing THOMAS C. DUNCAN as the mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
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| Motions Referred: RE: #19 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
| Set Scheduling Order Deadlines: Discovery shall be established as Standard. Mediation should be conducted near the beginning of the discovery period, the exact date to be set by the mediator after consultation with the parties. The parties agree that the mediator shall be selected on or before April 15, 2016. If the parties fail to select a mediator by that date, the Clerk shall appoint one from its list of approved mediators. The parties agree that appointment of a master is not necessary. Trial of the action is expected to take approximately 2 to 3 days. A jury trial has been demanded. Plaintiff's Amended Pleadings due by 4/12/2016. Defendant's Amended Pleadings due by 4/12/2016. Discovery due by 9/12/2016. Dispositive Motions due by 10/12/2016. Joinder of Parties for Plaintiff due by 4/12/2016. Joinder of Parties for Defendant due by 4/12/2016. (See also 3/10/2016 Text Order) (Garland, Leah) |
| TEXT ORDER adopting #19 RULE 26F (JOINT) REPORT with the following clarifications: (1) the parties shall complete discovery by 09/12/2016; (2) the parties shall serve all expert disclosures required by Federal Rule of Civil Procedure 26(a)(2)(B) and (C) as to issues on which they bear the burden of proof by 07/12/2016; (3) the parties shall serve any rebuttal expert disclosures as contemplated by Federal Rule of Civil Procedure 26(a)(2)(D) by 08/12/2016; and (4) the parties shall file any motions seeking leave to amend pleadings or to add parties by 04/12/2016. Issued by MAG/JUDGE L. PATRICK AULD on 03/10/2016. (AULD, L.) |
| MEDIATION SCHEDULING ORDER ; Selection of Mediator due by 4/15/2016. Mediation due by 6/15/2016. (Gammon, Cheryl) |
| Filing 19 Rule 26(f) Report (Joint) filed by all parties by BEST 318, INC., JORGE FELIX RIVERO PRADO, LUIS MANGUAL TORRES.(TSAO, DOUGLAS) |
| Filing 18 NOTICE of Appearance by attorney DOUGLAS CHI-WEI TSAO on behalf of Defendants BEST 318, INC., JORGE FELIX RIVERO PRADO, LUIS MANGUAL TORRES (TSAO, DOUGLAS) |
| NOTICE of Cancellation of 2/29/2016 Hearing on #14 Motion to Withdraw. Written Order forthcoming setting matter for an Initial Pretrial Conference for 3/21/2016. (Powell, Gloria) |
| TEXT ORDER terminating #14 Motion to Withdraw, in light of #17 Notice, and re-setting the Initial Pretrial Conference for this case for 10:00 a.m., on 03/21/2016, in Courtroom 1A of the L. Richardson Preyer United States Courthouse in Greensboro, North Carolina. Issued by MAG/JUDGE L. PATRICK AULD on 02/29/2016. (AULD, L.) |
| Set Hearings: Initial Pretrial Conference set for 3/21/2016 10:00 AM in Greensboro Courtroom #1A. (See 2/29/2016 Text Order) (Garland, Leah) |
| Filing 17 WITHDRAWAL of Motion by Defendants BEST 318, INC., DOES 1-10, INCLUSIVE, JORGE FELIX RIVERO PRADO, LUIS MANGUAL TORRES re #14 MOTION to Withdraw as Attorney JAMES LEE LESTER filed by LUIS MANGUAL TORRES, DOES 1-10, INCLUSIVE, JORGE FELIX RIVERO PRADO, BEST 318, INC. (LESTER, JAMES) |
| Minute Entry for proceedings held before MAG/JUDGE L. PATRICK AULD: Case called for Motion Hearing on 2/12/2016 re #14 MOTION to Withdraw as Attorney JAMES LEE LESTER filed by LUIS MANGUAL TORRES, DOES 1-10, INCLUSIVE, JORGE FELIX RIVERO PRADO, BEST 318, INC. Counsel requested a continuance of hearing. The court continues the motion hearing to 2/29/2016 at 10:00 a.m. in Courtroom 1A of the L. Richardson Preyer United States Courthouse, Greensboro, North Carolina. Counsel for Defendants shall notify Defendants by all reasonably available means that individual Defendants and a representative for the entity-Defendant with authority to direct this litigation must appear in person at this hearing, as well as that any failure to so appear will constitute grounds for imposition of any legally-authorized sanctions, up to and including the striking of #9 Answer and the entry of a default and of a default judgment. (Attorney James Grimes appeared a counsel for the plaintiff. Attorney James Lester appeared as counsel for the Defendants. Defendant Luis Manqual Torres present) (Court Reporter Proceedings Recorded.) (Winchester, Robin) |
| Set Hearing: Motion Hearing re: #14 MOTION to Withdraw as Attorney JAMES LEE LESTER on behalf of BEST 318, INC., DOES 1-10, INCLUSIVE, JORGE FELIX RIVERO PRADO, LUIS MANGUAL TORRES set for 2/29/2016 10:00 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Filing 16 Consent MOTION to Continue Defendants' Counsel's Motion to Withdraw by BLUE MARTINI FOUNDERS, LLC. (COLLINS, ROBERT) |
| Filing 15 Consent MOTION to Continue Hearing on Motion to Withdraw by BEST 318, INC., DOES 1-10, INCLUSIVE, JORGE FELIX RIVERO PRADO, LUIS MANGUAL TORRES. (LESTER, JAMES) |
| Reset Hearings: Motion Hearing reset for 2/12/2016 10:00 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
| Motions Referred: RE: #15 Consent MOTION to Continue Hearing on Motion to Withdraw, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
| TEXT ORDER granting #15 Motion to Continue and rescheduling the hearing on #14 Motion to Withdraw to 10:00 a.m. on 02/12/2016, in Courtroom 1A of the L. Richardson Preyer United States Courthouse, Greensboro, North Carolina. Counsel for Defendants shall notify Defendants by all reasonably available means that individual Defendants and a representative for the entity-Defendant with authority to direct this litigation must appear in person at this hearing, as well as that any failure to so appear will constitute grounds for imposition of any legally-authorized sanctions, up to and including the striking of #9 Answer and the entry of a default and of a default judgment. Issued by MAG/JUDGE L. PATRICK AULD on 01/28/2016. (AULD, L.) |
| Set Motion Hearing: Motion Hearing set for 1/29/2016 10:00 AM in Greensboro Courtroom #1A. (See 1/19/2016 Text Order) (Garland, Leah) |
| Filing 14 MOTION to Withdraw as Attorney JAMES LEE LESTER by on behalf of BEST 318, INC., DOES 1-10, INCLUSIVE, JORGE FELIX RIVERO PRADO, LUIS MANGUAL TORRES. (LESTER, JAMES) |
| Motions Referred: RE: #14 MOTION to Withdraw as Attorney JAMES LEE LESTER , to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) |
| TEXT ORDER continuing the Initial Pretrial Conference previously scheduled for 01/25/2016 and setting a hearing on #14 Motion to Withdraw for 10:00 a.m. on 01/29/2016 in Courtroom 1A of the L. Richardson Preyer United States Courthouse in Greensboro, North Carolina. Counsel for Defendants shall notify Defendants by all reasonably available means that individual Defendants and a representative for the entity-Defendant with authority to direct this litigation must appear in person at this hearing, as well as that any failure to so appear will constitute grounds for imposition of any legally-authorized sanctions, up to and including the striking of #9 Answer and the entry of a default and of a default judgment. Issued by MAG/JUDGE L. PATRICK AULD on 01/19/2016. (AULD, L.) |
| Filing 13 NOTICE of Appearance by attorney DANIEL C. DECARLO on behalf of Plaintiff BLUE MARTINI FOUNDERS, LLC (DECARLO, DANIEL) |
| Filing 12 NOTICE of Appearance by attorney ROBERT M. COLLINS on behalf of Plaintiff BLUE MARTINI FOUNDERS, LLC (COLLINS, ROBERT) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant BEST 318, INC.. (LESTER, JAMES) |
| Filing 10 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 1/25/2016 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) |
| Filing 9 ANSWER to #1 Complaint, with Jury Demand by BEST 318, INC., JORGE FELIX RIVERO PRADO, LUIS MANGUAL TORRES. (LESTER, JAMES) |
| Motions Submitted: #8 Second MOTION for Extension of Time to File Answer re #1 Complaint, to MAG/JUDGE L. PATRICK AULD. (Sanders, Marlene) |
| TEXT ORDER granting #8 Motion for Extension of Time. Defendants shall answer or otherwise respond by 11/23/2015. Issued by MAG/JUDGE L. PATRICK AULD on 11/02/2015. (AULD, L.) |
| Filing 8 Second MOTION for Extension of Time to File Answer re #1 Complaint, by BEST 318, INC., DOES 1-10, INCLUSIVE, JORGE FELIX RIVERO PRADO, LUIS MANGUAL TORRES. (Attachments: #1 Text of Proposed Order Draft Order)(LESTER, JAMES) |
| Filing 7 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by BEST 318, INC., DOES 1-10, INCLUSIVE, JORGE FELIX RIVERO PRADO, LUIS MANGUAL TORRES. (Attachments: #1 Text of Proposed Order)(LESTER, JAMES) |
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ORDER granting #7 Motion for Extension of Time to Answer for All Defendants. Answer due by 10/30/2015. Signed by John Brubaker, Clerk of Court, on 09/30/2015. (Brubaker, John)
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Filing 6
STANDARD ORDER issued by JUDGE CATHERINE C. EAGLES on 9/1/15. (Sanders, Marlene)
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| Filing 5 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Garland, Leah) |
| Filing 4 Summons Issued as to BEST 318, INC., JORGE FELIX RIVERO PRADO, LUIS MANGUAL TORRES. (Attachments: #1 Summons for Jorge Felix Rivero Prado, #2 Summons for Luis Mangual Torres) (Garland, Leah) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Garland, Leah) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff Blue Martini Founders, LLC by Blue Martini Founders, LLC.(GRIMES, JAMES) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-1761238.), filed by Blue Martini Founders, LLC. (Attachments: #1 Exhibit A Trademark No. 2,819,726, #2 Exhibit B Trademark No. 3,470,058, #3 Exhibit C Trademark No. 4,086,825, #4 Exhibit D Trademark No. 4,446,285)(GRIMES, JAMES) |
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