CHGYM LLC v. UNIFY ATHLETICS, LLC et al
| CHGYM LLC |
| UNIFY ATHLETICS, LLC and VAHID KAVOUS MOAVENZADEH |
| 1:2021cv00911 |
| November 24, 2021 |
| US District Court for the Middle District of North Carolina |
| WILLIAM L OSTEEN |
| JOE L WEBSTER |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 14, 2022. A more recent docket listing may be available from PACER.
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Filing 34
Transcript of Proceedings held on 01/05/22, before Judge William L. Osteen, Jr.. Court Reporter/Transcriber J. Armstrong, Telephone number 336-332-6034. Email: joseph_armstrong@ncmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 2/7/2022. Redacted Transcript Deadline set for 2/17/2022. Release of Transcript Restriction set for 4/18/2022. (Armstrong, Joe)
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Filing 33
STATEMENT by Defendant UNIFY ATHLETICS, LLC. (BYRD, LE'RON)
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Filing 32
STATEMENT by Defendant VAHID KAVOUS MOAVENZADEH. (BYRD, LE'RON)
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Filing 31
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 01/12/2022; that Plaintiff's motion for a preliminary injunction as requested in Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction with Request for Oral Argument, (Doc. #5 ), is GRANTED IN PART as follows: that, Defendants, and all those acting in concert or participation with them, are hereby PROHIBITED AND ENJOINED from disclosing, using, or relying upon Plaintiff's trade secrets, proprietary or confidential information, including customer lists, customer contact information, class or program enrollment information, and billing information, which were accessed by Defendant Moavenzadeh without authorization as described herein; and FURTHER ORDERED that, Defendants SHALL preserve all data currently stored on computers over which they have possession, custody, or control, including personal digital assistants or mobile telephones, including any information stored on backup media, which currently stores, or which has stored, Plaintiff's confidential information, proprietary information, or trade secrets; and FURTHER ORDERED that Defendants SHALL preserve all emails on any computer under their control, including internet mail servers, personal digital assistants, and other hardware, that was at any time related to the solicitation or contact of Plaintiff's current or former clients; and FURTHER ORDERED that Defendants are hereby PROHIBITED AND ENJOINED from using the Instagram accounts previously named CHG.XCEL and CHG.MENS, now named UNIFY.GYM and UNIFYGYM.MENS, (see supra 13); and FURTHER ORDERED that security in the amount of $1,000.00, which has already been posted by Plaintiff, (Doc. #23 ), shall serve as the bond contemplated by Federal Rule of Civil Procedure 65(c); and FURTHER ORDERED that Defendants SHALL each file with this court, within three (3) days of this Memorandum Opinion and Order, a statement under oath certifying their ongoing compliance with this Order. (Hicks, Samantha)
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Filing 30
MOTION for Extension of Time to File Answer re #1 Complaint by VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC. (Attachments: #1 Text of Proposed Order Proposed Order for Extension of Time)(BYRD, LE'RON)
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Filing 29
NOTICE of Attorney Appearance by attorney ANDREW A. KASPER on behalf of Defendants VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC (KASPER, ANDREW)
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ORDER granting #30 Motion for Extension of Time to Answer for VAHID KAVOUS MOAVENZADEH and UNIFY ATHLETICS, LLC. Answer due by 1/31/2022. Signed by John Brubaker, Clerk of Court, on 1/7/2022. (Brubaker, John)
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Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Preliminary Injunction Motion Hearing held on 1/5/2022. Attorneys Jason Sneed, Meng Zhong, and Megan Sneed appeared on behalf of Plaintiff. Attorneys Andrew Kasper and Le'Ron Byrd appeared on behalf of Defendants. Court heard arguments from counsel; Court extends the temporary restraining order for seven days to allow the Court to prepare written findings of fact and conclusion of law to support a forthcoming Preliminary Injunction. (Court Reporter Joseph Armstrong.) (Daniel, J)
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Filing 28
Defendants' Brief in Opposition to Motion for Preliminary Injunction BRIEF re #5 MOTION for Temporary Restraining Order Against All Defendants . (Attachments: #1 Affidavit Supplemental Declaration of Vahid Moavenzadeh)(BYRD, LE'RON)
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Filing 27
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 01/04/2021; that Plaintiff's motion for leave to exceed word count limitation, (Doc. #26 ), is GRANTED and that the word limit of Plaintiff's reply in support of preliminary injunction is enlarged from 3,125 to 3,625 words. (Hicks, Samantha)
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Filing 26
MOTION for Leave to Exceed Word Count Limitation by CHGYM LLC. Responses due by 1/18/2022 (Attachments: #1 Exhibit 1)(ZHONG, MENG)
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Filing 25
REPLY, filed by Plaintiff CHGYM LLC, to Response to #6 MOTION for Temporary Restraining Order (Memorandum in Support with Exhibits), #5 MOTION for Temporary Restraining Order Against All Defendants filed by CHGYM LLC. (Attachments: #1 Supplement Declaration of Amanda Maness, #2 Exhibit F, #3 Exhibit G)(ZHONG, MENG)
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Filing 24
Declaration of Proof of Service served on Unify Athletics, LLC on 12/07/2021, filed by CHGYM LLC. Certification of Eric Kohli of Service. (Attachments: #1 Affidavit Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(KOHLI, ERIC)
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Filing 23
Temporary Restraining Order BOND in the amount of $1,000.00 posted by CHGYM LLC, signed by Judge JUDGE WILLIAM L. OSTEEN, JR.. (Attachments: #1 Exhibit 1: Shipment of Security to U.S. District Court for the Middle District of North Carolina)(SNEED, JASON)
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Receipt of Funds in the amount of $ 1000.00., Receipt#NCM056294, LP#1142. (Taylor, Abby)
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Filing 21
TEMPORARY RESTRAINING ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 12/22/2021, that, pending the hearing on Plaintiff's motion for a preliminary injunction, Defendants, and all those acting in concert or participation with them, are hereby temporarily restrained and enjoined from disclosing, using, or relying upon Plaintiff's trade secrets, proprietary or confidential information, including customer lists, customer contact information, class or program enrollment information, and billing information. FURTHER ORDERED that, pending the hearing on Plaintiff's motion for a preliminary injunction, Defendants must preserve all data currently stored on computers over which they have possession, custody, or control, including personal digital assistants or mobile telephones, including any information stored on backup media, which currently stores, or which has stored, Plaintiff's confidential information or trade secrets. FURTHER ORDERED that, pending the hearing on Plaintiff's motion for a preliminary injunction, Defendants must preserve all emails on any computer under their control, including internet mail servers, personal digital assistants, and other hardware, that was at any time related to the solicitation or contact of Plaintiff's clients. FURTHER ORDERED that, pending the hearing on Plaintiff's motion for a preliminary injunction, Defendants must cease use of the Instagram accounts previously named "CHG.XCEL" and "CHG.MENS," now named "UNIFY.GYM" and "UNIFYGYM.MENS," (see Doc. #6 18-19; Doc. #6 -2; Doc. #6 -3). FURTHER ORDERED that security in the amount of $1,000.00 shall be posted by Plaintiff and that this TRO shall become effective upon the posting of said bond with the Clerk of the Middle District of North Carolina; and FURTHER ORDERED that a hearing on Plaintiff's Motion for Preliminary Injunction, (Doc. #5 ), shall occur before the undersigned on January 5, 2022, at 2:00 p.m. in Greensboro Courtroom 1. (Garland, Leah)
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Set Deadlines/Hearings: Motion Hearing set for 1/5/2022 02:00 PM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Garland, Leah)
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Filing 20
Declaration of Proof of Service served on North Carolina Secretary of State Pursuant to N.C.G.S. 55D-33(b) on 12/21/2021, filed by CHGYM LLC. . (SNEED, JASON)
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Filing 19
NOTICE of Special Appearance by attorney ERIC N. KOHLI on behalf of Plaintiff CHGYM LLC ( Filing fee $ 25 receipt number 0418-3197891.) (KOHLI, ERIC)
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Filing 18
Transcript Excerpt of Proceedings held on 12/16/2021, before Judge William L. Osteen, Jr.. Court Reporter/Transcriber J. Armstrong, Telephone number 336-332-6034. Email: joseph_armstrong@ncmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 1/13/2022. Redacted Transcript Deadline set for 1/23/2022. Release of Transcript Restriction set for 3/23/2022. (Armstrong, Joe)
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Filing 17
NOTICE of Attorney Appearance by attorney JONAH A. GARSON on behalf of Defendants VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC (GARSON, JONAH)
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Filing 16
Additional Attachments to Main Document re #15 Response to Motion, Defendant's Brief in Opposition to Motion for TRO. (Attachments: #1 Exhibit EX 1 News Article, #2 Exhibit Ex 2 News Article, #3 Exhibit Ex 3 Affidavit of Vahid Kavous Moavenzadeh, #4 Exhibit Ex 4 Affidavit of Susan Appelquist, #5 Exhibit Ex 5 Affidavit of Jennifer Aspell, #6 Exhibit Ex 6 Affidavit of Eric Bachelder, #7 Exhibit Ex 7 Affidavit of Fernando Bernstein, #8 Exhibit Ex 8 Affidavit of Victoria Bryson, #9 Exhibit Ex 9 Affidavit of Kristi Cruthirds, #10 Exhibit Ex 10 Affidavit of Elizabeth Evans, #11 Exhibit Ex 11 Affidavit of Amy Howard, #12 Exhibit Ex 12 Affidavit of Carmen Huerta-Bapat, #13 Exhibit Ex 13 Affidavit of Una Kelley, #14 Exhibit Ex 14 Affidavit of Mary Latham, #15 Exhibit Ex 15 Affidavit of Rebecca Lee, #16 Exhibit Ex 16 Affidavit of Barrette Welch McFall, #17 Exhibit Ex 17 Affidavit of Erika Lea Seager, #18 Exhibit Ex 18 Affidavit of Susan Thananopavarn, #19 Exhibit Ex 19 Affidavit of Yinyan Xu, #20 Exhibit Ex 20 Affidavit of Noah Zimmerman, #21 Exhibit Ex 21 Affidavit of Andrea Zimmerman, #22 Exhibit Ex 22 Affidavit of Heather Craig, #23 Exhibit Ex 23 Affidavit of Sydney Culp, #24 Exhibit Ex 24 Affidavit of Alice Dolbow, #25 Exhibit Ex 25 Affidavit of Laura Helton, #26 Exhibit Ex 26 Affidavit of Kristen Hendrickson, #27 Exhibit Ex 27 Affidavit of Shirley LeBlanc, #28 Exhibit Ex 28 Affidavit of Maria Malm Morgan, #29 Exhibit Ex 29 Affidavit of Donna Nowicki, #30 Exhibit Ex 30 Affidavit of Barbara Pelet, #31 Exhibit Ex 31 Affidavit of Colleen Elizabeth Selleck, #32 Exhibit Ex 32 Staci Lyn Marcus Spransy, #33 Exhibit Ex 33 Affidavit of Heather Stafford, #34 Exhibit Ex 34 Affidavit of Kelly Sullivan, #35 Exhibit Ex 35 Affidavit of Catherine Walsh, #36 Exhibit Ex 36 Affidavit of Gwendolyn Youngblood, #37 Exhibit Ex 37 Affidavit of Ken Zhang)(BYRD, LE'RON)
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Filing 15
RESPONSE Brief in Opposition to Motion filed by Defendants VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC re #5 MOTION for Temporary Restraining Order Against All Defendants filed by CHGYM LLC filed by VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC. (BYRD, LE'RON)
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Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: TRO Hearing held on 12/16/2021. Attorneys Jason Snead and Meng Zhong appeared on behalf of Plaintiff. Attorneys Andrew Kasper and Le'ron Byrd appeared on behalf of Defendants. Court heard arguments from counsel; Court takes under advisement #5 Motion for Temporary Restraining Order and Preliminary Injunction. Court directs parties to confer and draft a Proposed Order for its consideration. (Written Order forthcoming). (Court Reporter Joseph Armstrong.) (Welch, Kelly)
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Filing 14
NOTICE of Special Appearance by attorney MENG ZHONG on behalf of Plaintiff CHGYM LLC ( Filing fee $ 25 receipt number 0418-3194459.) (ZHONG, MENG)
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Filing 13
NOTICE of Attorney Appearance by attorney LE'RON A. BYRD on behalf of Defendants VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC (BYRD, LE'RON)
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Filing 12
CERTIFICATE re #1 Complaint, #9 Certificate-Other, #5 MOTION for Temporary Restraining Order Against All Defendants and the Court's November 29, 2021 Text Order by Plaintiff CHGYM LLC. (Attachments: #1 Exhibit 1: Social Media Posting on Facebook by Defendant Moavenzadeh)(SNEED, JASON)
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Filing 11
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 12/09/2021; that a hearing will be held on Plaintiff's Motion for Temporary Restraining Order, (Doc. #5 ), on Thursday, December 16, 2021, at 11:00 a.m. in Greensboro Courtroom 1. The parties shall be prepared to present argument on the issues before the court. This hearing date may be modified as additional information is provided to the court. The hearing may be continued if Plaintiff has been unable to serve Defendants by the date of the hearing. FURTHER ORDERED that Plaintiff shall serve a copy of this order on Defendants. (Hicks, Samantha)
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Filing 10
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff CHGYM LLC (SNEED, JASON) (Main Document 10 replaced on 12/9/2021 with corrected document.) (Hicks, Samantha)
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Set Hearing: Motion Hearing set for 12/16/2021 at 11:00 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Hicks, Samantha)
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CASE REFERRED RE: #9 Certificate to JUDGE WILLIAM L. OSTEEN, JR. (Marsh, Keah)
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Filing 9
CERTIFICATE re #7 Summons Issued, #1 Complaint, #5 MOTION for Temporary Restraining Order Against All Defendants and the Court's November 29, 2021 Text Order by Plaintiff CHGYM LLC. (Attachments: #1 Exhibit 1: Affidavit of Mr. Lucas Barton, Process Server with Legal Wheels, #2 Exhibit 2: Article from Triangle Business Journal)(SNEED, JASON)
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TEXT ORDER - Plaintiff has moved for a temporary restraining order and a preliminary injunction. (Doc. #5 .) Fed. R. Civ. P. 65(b)(1)(B) permits a court to issue a temporary restraining order without notice to the adverse party or the adverse party's counsel only if "the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." It does not appear to this court that Plaintiff's counsel has made such a certification. Therefore, Plaintiff shall file a summons or other notice once Defendant has been notified of the request for a temporary restraining order, and then the court will set the matter for hearing. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 11/29/2021.] (Cable, Frances)
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Filing 8
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Carter, Alexus)
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Filing 7
Summons Issued as to All Defendants. (Attachments: #1 Summons - Vahid Kavous Moavenzadeh) (Carter, Alexus)
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Filing 6
MEMORANDUM IN SUPPORT #5 MOTION for Temporary Restraining Order filed by CHGYM LLC. (Attachments: #1 Exhibit Declaration in Support, #2 Exhibit A to Maness Declaration, #3 Exhibit B to Maness Declaration, #4 Exhibit C to Maness Declaration, #5 Exhibit D to Maness Declaration, #6 Exhibit E to Maness Declaration)(SNEED, JASON) Modified on 11/24/2021 to edit title of document and terminate as a pending motion (Welch, Kelly).
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Filing 5
MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION with Request for Oral Argument, filed by CHGYM LLC. Response to Motion due by 12/15/2021 (SNEED, JASON) Modified on 11/24/2021 to edit title of document (Welch, Kelly).
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Filing 4
** FILED IN ERROR ** PRAECIPE TO ISSUE SUMMONS re #1 Complaint Against UNIFY ATHLETICS, LLC by Plaintiff CHGYM LLC. (SNEED, JASON) Modified on 11/24/2021 to mark filed in error. Counsel to resend summons. (Carter, Alexus).
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Filing 2
** FILED IN ERROR ** PRAECIPE TO ISSUE SUMMONS Against VAHID KAVOUS MOAVENZADEH by Plaintiff CHGYM LLC. (SNEED, JASON) Modified on 11/24/2021 to mark filed in error. Counsel to resend summons. (Carter, Alexus).
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0418-3180025.), filed by CHGYM LLC.(SNEED, JASON)
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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. (Carter, Alexus)
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Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOE L. WEBSTER. (Carter, Alexus)
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