A-76 Technologies, Inc. v. Mass Management, LLC
| A-76 Technologies, Inc. doing business as Aidant Brands |
| Mass Management, LLC |
| A-76 Technologies, Inc. |
| 3:2021cv00496 |
| September 21, 2021 |
| US District Court for the Western District of North Carolina |
| David S Cayer |
| Frank D Whitney |
| Trademark |
| 28 U.S.C. § 1338 |
| Both |
Docket Report
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This docket was last retrieved on December 9, 2021. A more recent docket listing may be available from PACER.
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| Filing 42 ANSWER to #34 Amended Complaint,, , COUNTERCLAIM against A-76 Technologies, Inc. by Mass Management, LLC. (Attachments: #1 Exhibit 1. NanoJTech - A-76 License Agreement, #2 Exhibit 2. NanoJTech - A-76 Agreement Amendment 1, #3 Exhibit 3. NanoJTech - A-76 Agreement Amendment 2, #4 Exhibit 4. A-76 Trademark Application, #5 Exhibit 5. RUST PATROL Trademark Application, #6 Exhibit 6. RESISTING ARRUST Trademark Application, #7 Exhibit 7. MASS - Aidant Agreement)(Trimmer, Christina) |
| Filing 41 MEMORANDUM in Support re #40 MOTION to Dismiss for Failure to State a Claim by Mass Management, LLC. (Attachments: #1 Exhibit 1. NanoJTech - A-76 License Agreement, #2 Exhibit 2. Copyright Office Circular 66, #3 Exhibit 3. Public Catalog Rust Patrol Website, #4 Exhibit 4. Rust Patrol FAQ Copyright Registration)(Trimmer, Christina) |
| Filing 40 MOTION to Dismiss for Failure to State a Claim by Mass Management, LLC. Responses due by 11/22/2021 (Trimmer, Christina) |
Filing 39
STIPULATED PROTECTIVE ORDER PURSUANT TO FED. R. CIV. P. 26(c). Signed by Magistrate Judge David S. Cayer on 11/4/2021. (mek)
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| Filing 38 Joint MOTION for Protective Order by Mass Management, LLC. Responses due by 11/17/2021 (Attachments: #1 Proposed Order) (Trimmer, Christina). Motions referred to David S. Cayer. |
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Filing 37
Pretrial Order and Case Management Plan: Estimated Trial Time: 1 - 2 weeks. Discovery due by 5/5/2022. Motions due by 6/2/2022. Mediation deadline set for 5/19/2022. Jury Trial set for 9/12/2022 09:01 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.. Signed by District Judge Frank D. Whitney on 10/22/21. (clc)
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Filing 36
ORDER granting #35 Consent Motion for Extension of Time to Answer re: #34 Amended Complaint. Mass Management, LLC answer due 11/8/2021. Signed by Magistrate Judge David S. Cayer on 10/20/2021. (mek)
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| Filing 35 Consent MOTION for Extension of Time to Answer re: #34 Amended Complaint,, by Mass Management, LLC. (Trimmer, Christina). Motions referred to David S. Cayer. |
| Filing 34 AMENDED COMPLAINT with Jury Demand against Mass Management, LLC, filed by A-76 Technologies, Inc.. (Attachments: #1 Appendix Index of Exhibits to Plaintiff First Amended Complaint, #2 Exhibit A-Distribution & Marketing Agreement, #3 Exhibit B-Rust Patrol TM Registration, #4 Exhibit C-Resisting Arrust TM Registration, #5 Exhibit D-Rust Patrol Cert of Copyright, #6 Exhibit E-Rust Patrol Fact Sheet Cert of Copyright, #7 Exhibit F-Rick's Thunderbird Restoriation Cert of Copyright)(Hubbard, Kristine) |
| Filing 33 Joint CERTIFICATION of initial attorney conference and discovery plan (Hubbard, Kristine) |
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Filing 32
ORDER granting in part and denying in part #30 MOTION to Dismiss (Renewed) as set forth herein. Signed by District Judge Frank D. Whitney on 10/6/2021. (ef)
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| Filing 31 NOTICE of Appearance by Lucas D. Garber on behalf of Mass Management, LLC (Garber, Lucas) |
| Filing 30 MOTION to Dismiss (Renewed) by Mass Management, LLC. Responses due by 10/19/2021 (Trimmer, Christina) |
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Filing 29
ORDER granting #28 Motion for Leave to Appear Pro Hac Vice added Kristine Bancroft Hubbard for A-76 Technologies, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 9/30/2021. (brl)
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| Notice to Kristine Hubbard: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 10/7/2021. (brl) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice as to Kristine B. Hubbard Filing fee $ 288, receipt number ANCWDC-5245992. by A-76 Technologies, Inc.. (Moss, Joseph). Motions referred to David S. Cayer. |
| Filing 27 NOTICE of Appearance by Joseph W. Moss, Jr on behalf of A-76 Technologies, Inc. (Moss, Joseph) |
| Filing 26 NOTICE of Withdrawal of Shannon Zmud Teicher as counsel by Mass Management, LLC (Trimmer, Christina) |
| Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (rth) |
| NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 5 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 10/12/2021. (rth) |
| Notice to Kristine Bancroft Hubbard, Shannon Melissa Zmud Teicher: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 9/29/2021. (rth) |
| Case assigned to District Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Filing 25 Case transferred in from District of Texas Southern; Case Number 4:21-cv-00923. Original electronic file and docket sheet received. |
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Filing 24
ORDER denying without prejudice #7 Motion for Temporary Restraining Order and Preliminary Injunction; granting #16 Motion to Transfer Venue, denying without prejudice #16 Motion for Dismissal. This case is transferred to the US District Court for the Western District of North Carolina, Charlotte Division..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) [Transferred from Texas Southern on 9/21/2021.]
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| Filing 23 REPLY in Support of #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Transfer Venue Under Section 1404(a), filed by Mass Management, LLC. (Attachments: #1 Exhibit 1 - Declaration of Michael McGinnis)(Teicher, Shannon) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 22 Supplemental RESPONSE in Opposition to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Transfer Venue Under Section 1404(a), filed by A-76 Technologies, Inc.. (Attachments: #1 Exhibit C, #2 Exhibit D)(Hubbard, Kristine) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 21 RESPONSE to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Transfer Venue Under Section 1404(a) filed by A-76 Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hubbard, Kristine) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 20 REPLY in Support of #7 MOTION for Temporary Restraining Order, filed by A-76 Technologies, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - Lauren Miller Supplemental Affidavit, #4 Exhibit 4)(Hubbard, Kristine) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 19 CERTIFICATE OF INTERESTED PARTIES by A-76 Technologies, Inc., filed.(Hubbard, Kristine) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 18 ANSWER to #1 Complaint with Jury Demand by Mass Management, LLC, filed.(Teicher, Shannon) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 17 RESPONSE in Opposition to #7 MOTION for Temporary Restraining Order, filed by Mass Management, LLC. (Attachments: #1 Exhibit 1 - Declaration of James Tour, #2 Exhibit A - Agreement, #3 Exhibit B - Amendment, #4 Exhibit C - Second Amendment, #5 Exhibit D - Term Letter, #6 Exhibit E - Letter, #7 Exhibit F - UCC Statement, #8 Exhibit G - Notice, #9 Exhibit 2 - Declaration of Michael McGinnis, #10 Exhibit H - Agreement, #11 Exhibit I - Email, #12 Exhibit J - Email, #13 Exhibit K - Email, #14 Exhibit L - Letter, #15 Exhibit M - Letter, #16 Exhibit N - TESS, #17 Proposed Order)(Teicher, Shannon) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or Transfer Venue Under Section 1404(a) by Mass Management, LLC, filed. Motion Docket Date 6/1/2021. (Attachments: #1 Exhibit Agreement, #2 Proposed Order)(Teicher, Shannon) [Transferred from Texas Southern on 9/21/2021.] |
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Filing 15
ORDER granting #10 Motion for Extension of Time. Defendant MASS Management LLC's deadline to respond to both the Complaint [#1] and Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction [# 7] is hereby extended to and including May 10, 2021.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) [Transferred from Texas Southern on 9/21/2021.]
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Filing 14
ORDER granting #11 Motion for Samuel A. Long, Jr. to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) [Transferred from Texas Southern on 9/21/2021.]
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Filing 13
ORDER granting #12 Motion for Christina Davidson Trimmer to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) [Transferred from Texas Southern on 9/21/2021.]
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| Filing 12 MOTION for Christina Davidson Trimmer to Appear Pro Hac Vice by Mass Management, LLC, filed. Motion Docket Date 5/7/2021. (Teicher, Shannon) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 11 MOTION for Samuel A. Long, Jr. to Appear Pro Hac Vice by Mass Management, LLC, filed. Motion Docket Date 5/7/2021. (Teicher, Shannon) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 10 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Complaint and Motion for Temporary Restraining Order and Preliminary Injunction by Mass Management, LLC, filed. Motion Docket Date 5/7/2021. (Attachments: #1 Proposed Order)(Teicher, Shannon) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 9 CERTIFICATE OF INTERESTED PARTIES by Mass Management, LLC, filed.(Teicher, Shannon) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 8 RETURN of Service of SUMMONS Executed as to Mass Management, LLC served on 3/29/2021, answer due 4/19/2021, filed.(Hubbard, Kristine) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 7 MOTION for Temporary Restraining Order by A-76 Technologies, Inc., filed. Motion Docket Date 4/27/2021. (Attachments: #1 Affidavit, #2 Proposed Order)(Hubbard, Kristine) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 6 Summons Issued as to Mass Management, LLC. Issued summons delivered to plaintiff by NEF, filed.(ChristopherSarrat, 4) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 5 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (ClaudiaGutierrezadi, 4) [Transferred from Texas Southern on 9/21/2021.] |
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Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/5/2021 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Judge Andrew S Hanen) Parties notified.(ClaudiaGutierrezadi, 4) [Transferred from Texas Southern on 9/21/2021.]
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| Filing 3 Request for Issuance of Summons as to Mass Management, LLC, filed.(Hubbard, Kristine) [Transferred from Texas Southern on 9/21/2021.] |
| Summons Not Issued as to Mass Management, LLC due to these deficiencies: Party named on summons is not a named defendant on the case. The c/o must go under the defendant's name. Attorney or Plaintiff notified of deficiencies by NEF, filed.(JacquelineMata, 4) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 2 Request for Issuance of Summons as to Mass Management, LLC, filed.(Hubbard, Kristine) [Transferred from Texas Southern on 9/21/2021.] |
| Filing 1 COMPLAINT against A-76 Technologies, Inc. d/b/a Aidan Brands (Filing fee $ 402 receipt number 0541-26144137) filed by A-76 Technologies, Inc. d/b/a Aidan Brands. (Attachments: #1 Exhibit, #2 Exhibit)(Hubbard, Kristine) [Transferred from Texas Southern on 9/21/2021.] |
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