Sycamore Brewing, LLC v. Stone Brewing Co., LLC
Plaintiff: Sycamore Brewing, LLC
Defendant: Stone Brewing Co., LLC
Case Number: 3:2022cv00148
Filed: April 6, 2022
Court: US District Court for the Western District of North Carolina
Presiding Judge: David S Cayer
Referring Judge: Frank D Whitney
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2022 Opinion or Order Filing 52 RULE 42(b) MANDATE of USCA as to #26 Notice of Interlocutory Appeal. [22-1436] (Attachments: #1 USCA ORDER granting Motion to Voluntarily Dismiss Appeal pursuant to FRAP 42(b)) (ejb)
May 18, 2022 Opinion or Order Filing 51 ORDER granting #50 Motion for Return of Bond; granting #50 Motion for to be Dissolution of Preliminary Injunction. Signed by District Judge Frank D. Whitney on 5/18/22. (clc)
May 18, 2022 Opinion or Order Filing 50 Joint MOTION for Bond Return, Joint MOTION for Preliminary Injunction to be Dissolved by Stone Brewing Co., LLC. Responses due by 6/1/2022 (Attachments: #1 Exhibit A) (Curran, Douglas). Motions referred to David S. Cayer.
May 18, 2022 Opinion or Order Filing 49 NOTICE of Dismissal of Appeal by Stone Brewing Co., LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Curran, Douglas)
May 13, 2022 Opinion or Order Filing 48 REPORT on the Determination of an action regarding patent and/or trademark numbers contained in complaint. (clc)
May 13, 2022 Opinion or Order Filing 47 STIPULATION of Dismissal of All Claims and Counterclaims, Without Prejudice, and Stipulation of Dissolution of Injunction, Jointly Filed by Stone Brewing Co., LLC (All Claims Dismissed. Case to be Closed). (Curran, Douglas)
May 12, 2022 Opinion or Order Filing 46 AMENDED ANSWER to #1 Complaint, with Jury Demand , Amended COUNTERCLAIM against Sycamore Brewing, LLC by Stone Brewing Co., LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Curran, Douglas)
May 12, 2022 Opinion or Order Filing 45 ORDER granting #39 Motion to Amend/Correct and Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction, (Doc. No. 5), is GRANTED WITH MODIFICATION to the extent it seeks a preliminary injunction. Signed by District Judge Frank D. Whitney on 5/12/22. (clc)
May 10, 2022 Opinion or Order Filing 44 RESPONSE to Motion re #39 MOTION to Amend/Correct #22 Order on Motion for Preliminary Injunction, by Stone Brewing Co., LLC. Replies due by 5/17/2022 (Curran, Douglas)
May 9, 2022 Opinion or Order Filing 43 ORDER granting #40 Motion for Leave to Appear Pro Hac Vice added Max B. Bernstein for Stone Brewing Co., LLC; granting #42 Motion for Leave to Appear Pro Hac Vice added J. Noah Hagey for Stone Brewing Co., LLC (Pro Hac Vice Attorneys served via NEF). Signed by Magistrate Judge David S. Cayer on 5/9/2022. (mek)
May 9, 2022 Opinion or Order Filing 42 MOTION for Leave to Appear Pro Hac Vice as to J. Noah Hagey Motion for Admission Pro Hac Vice and Affidavit Filing fee $ 288, receipt number ANCWDC-5562564. by Stone Brewing Co., LLC. (Houti, Jennifer). Motions referred to David S. Cayer.
May 9, 2022 Opinion or Order Filing 41 ORDER granting #38 Motion for Leave to Appear Pro Hac Vice added Melissa R. Ginsberg for Stone Brewing Co., LLC (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 5/9/2022. (mek)
May 9, 2022 Opinion or Order Filing 40 MOTION for Leave to Appear Pro Hac Vice as to Max B. Bernstein Motion for Admission Pro Hac Vice and Affidavit Filing fee $ 288, receipt number ANCWDC-5562552. by Stone Brewing Co., LLC. (Houti, Jennifer). Motions referred to David S. Cayer.
May 9, 2022 Opinion or Order Filing 39 MOTION to Amend/Correct #22 Order on Motion for Preliminary Injunction, by Sycamore Brewing, LLC. Responses due by 5/23/2022 (Randazza, Marc). Modified on 5/9/2022 to remove referral (mek).
May 9, 2022 Opinion or Order Filing 38 MOTION for Leave to Appear Pro Hac Vice as to Melissa R. Ginsberg Motion for Admission Pro Hac Vice and Affidavit Filing fee $ 288, receipt number ANCWDC-5561278. by Stone Brewing Co., LLC. (Houti, Jennifer). Motions referred to David S. Cayer.
May 9, 2022 Opinion or Order Notice to Max B. Bernstein: 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 5/16/2022. (mek)
May 9, 2022 Opinion or Order Notice to J. Noah Hagey: 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 5/16/2022. (mek)
May 9, 2022 Opinion or Order Notice to Melissa R. Ginsberg: 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 5/16/2022. (mek)
May 7, 2022 Opinion or Order Filing 37 NOTICE of Compliance with LCvR 7.1(b) by Sycamore Brewing, LLC re #36 Supplemental Memorandum, #35 MOTION for Order to Show Cause (Randazza, Marc)
May 6, 2022 Opinion or Order Filing 36 Supplemental Memorandum by Sycamore Brewing, LLC as to #35 MOTION for Order to Show Cause by Sycamore Brewing, LLC. (Randazza, Marc)
May 5, 2022 Opinion or Order Filing 35 MOTION for Order to Show Cause by Sycamore Brewing, LLC. Responses due by 5/19/2022 (Attachments: #1 Exhibit 1 - Transcript Excerpt, #2 Exhibit 2 - Declaration of W. Michael Boyer, #3 Exhibit 3 - Untappd Web Page, #4 Exhibit 4 - Declaration of Justin Tawse Brigham, #5 Exhibit 5 - Declaration of Pete Stoutenburgh, #6 Exhibit 6 - Declaration of Archie Gleason, #7 Exhibit 7 - Declaration of Brandon Lockhart) (Randazza, Marc). Modified on 5/9/2022 to remove referral (mek).
May 3, 2022 Opinion or Order Filing 34 ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against Sycamore Brewing, LLC by Stone Brewing Co., LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Curran, Douglas)
May 3, 2022 Opinion or Order Filing 32 NOTICE of Compliance with Preliminary Injunction by Stone Brewing Co., LLC (Attachments: #1 Exhibit A)(Curran, Douglas)
May 2, 2022 Opinion or Order Filing 33 ORDER of USCA denying appellant's emergency motion for stay pending appeal, and granting appellant's motion to accelerate briefing schedule as to #26 Notice of Appeal. [22-1436] (ejb)
April 28, 2022 Opinion or Order Filing 31 Pretrial Order and Case Management Plan: Estimated Trial Time: 2 - 3 days. Discovery due by 5/31/2022. Motions due by 6/3/2022. Mediation deadline set for 5/31/2022. Jury Trial set for 7/11/2022 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 4/28/22. (clc)
April 27, 2022 Opinion or Order Filing 30 NOTICE of Secured Leave for Jennifer Houti by Stone Brewing Co., LLC (Houti, Jennifer)
April 25, 2022 Opinion or Order Filing 29 NOTICE of Secured Leave of Adam L. Ross (7/20/2022-7/30/2022) by Stone Brewing Co., LLC (Ross, Adam)
April 22, 2022 Opinion or Order Filing 28 USCA Case Number 22-1436 for #26 Notice of Appeal, USCA Case Manager: Karen Stump. (rhf)
April 22, 2022 Opinion or Order Filing 27 Transmission of Notice of Interlocutory Appeal to US Court of Appeals re #26 Notice of Interlocutory Appeal (clc)
April 22, 2022 Opinion or Order Filing 26 NOTICE OF INTERLOCUTORY APPEAL by Stone Brewing Co., LLC. Filing fee $ 505, receipt number BNCWDC-5541585. Use this link #www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (Curran, Douglas) Modified to correct text on 4/22/2022 (clc).
April 22, 2022 Opinion or Order Filing 25 TRANSCRIPT of Motion Hearing held on 4/20/2022 before Judge Frank D. Whitney. 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. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 7/18/2022. (Reporter: Jill Turner, 704-350-7495)
April 21, 2022 Opinion or Order Filing 24 NOTICE of Compliance with Preliminary Injunction by Stone Brewing Co., LLC (Curran, Douglas)
April 21, 2022 Opinion or Order Filing 23 NOTICE of Posting Bond by Sycamore Brewing, LLC re #22 Order on Motion for Preliminary Injunction, (Attachments: #1 Exhibit Receipt for $50,000.00 cash bond)(Randazza, Marc)
April 21, 2022 Opinion or Order Filing 22 ORDER granting with modification #5 Motion for Preliminary Injunction. The injunction stated herein shall become effective only upon the posting of a cash bond in the amount of fifty thousand dollars ($50,000.00) with the Clerk of Court for the United States District Court for the Western District of North Carolina. Signed by District Judge Frank D. Whitney on 4/21/22. (clc)
April 21, 2022 Opinion or Order Cash Bond Received: $ 50,000.00, receipt number CHD070872 (js)
April 20, 2022 Opinion or Order Filing 21 REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Sycamore Brewing, LLC. (Attachments: #1 Exhibit 1 - Declaration of Justin Tawse Brigham, #2 Exhibit 2 - Untappd Web Page)(Randazza, Marc)
April 20, 2022 Opinion or Order Filing 20 ORDER granting #13 Motion for Leave to Appear Pro Hac Vice added Douglas S. Curran for Stone Brewing Co., LLC (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 4/20/2022. (mek)
April 20, 2022 Opinion or Order Filing 19 DECLARATION of Douglas S. Curran filed by Stone Brewing Co., LLC (Attachments: #1 Exhibit 1-Brewbound Article re Licensing Proposal, #2 Exhibit 2-Brewers Association Beer Style Guidelines, #3 Exhibit 3-List of Selected Juicy, #4 Exhibit 4-_keep it juicy_ - Google Search, #5 Exhibit 5-WSOC TV Article, #6 Exhibit 6-ProBrewer Article, #7 Exhibit 7-Law360 Article w Quote, #8 Exhibit 8-American Craft Beer Article)(Ross, Adam)
April 20, 2022 Opinion or Order Filing 18 DECLARATION of Aaron Roddick re #17 Response in Opposition to Motion filed by Stone Brewing Co., LLC (Ross, Adam)
April 20, 2022 Opinion or Order Filing 17 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Stone Brewing Co., LLC. Replies due by 4/27/2022 (Ross, Adam)
April 20, 2022 Opinion or Order Notice to Douglas S. Curran: 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 4/27/2022. (mek)
April 20, 2022 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Frank D. Whitney. Re #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . Plaintiffs attorney: MarcRandazza & W. Michael Boyer. Defendants attorney: Douglas Curran & Adam Ross. Court reporter: Jill Turner. (clc)
April 19, 2022 Opinion or Order Set Deadlines as to #13 MOTION for Leave to Appear Pro Hac Vice as to Douglas S. Curran Filing fee $ 288, receipt number ANCWDC-5530959. Responses due by 4/21/2022 (mek)
April 18, 2022 Opinion or Order Filing 16 ORDER granting #8 Motion for Leave to Appear Pro Hac Vice added Marc J. Randazza for Sycamore Brewing, LLC; granting #9 Motion for Leave to Appear Pro Hac Vice added Ronald D. Green for Sycamore Brewing, LLC (Pro Hac Vice Attorneys served via NEF). Signed by Magistrate Judge David S. Cayer on 4/18/2022. (mek)
April 18, 2022 Opinion or Order Filing 15 RESPONSE to #8 MOTION for Leave to Appear Pro Hac Vice as to Marc J. Randazza Filing fee $ 288, receipt number ANCWDC-5530266 by Stone Brewing Co., LLC. (mek)
April 18, 2022 Opinion or Order Filing 14 NOTICE of Submission to Magistrate Judge by Stone Brewing Co., LLC re #8 MOTION for Leave to Appear Pro Hac Vice as to Marc J. Randazza Filing fee $ 288, receipt number ANCWDC-5530266. (Ross, Adam)
April 18, 2022 Opinion or Order Filing 13 MOTION for Leave to Appear Pro Hac Vice as to Douglas S. Curran Filing fee $ 288, receipt number ANCWDC-5530959. by Stone Brewing Co., LLC. (Ross, Adam). Motions referred to David S. Cayer.
April 18, 2022 Opinion or Order Filing 12 Corporate Disclosure Statement by Stone Brewing Co., LLC (Ross, Adam)
April 18, 2022 Opinion or Order Filing 11 NOTICE of Appearance by Adam L. Ross on behalf of Stone Brewing Co., LLC (Ross, Adam)
April 18, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Jennifer Michelle Houti on behalf of Stone Brewing Co., LLC (Houti, Jennifer)
April 18, 2022 Opinion or Order Notice to Ronald D. Green: 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 4/25/2022. (mek)
April 18, 2022 Opinion or Order Notice to Marc J. Randazza: 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 4/25/2022. (mek)
April 15, 2022 Opinion or Order Filing 9 MOTION for Leave to Appear Pro Hac Vice as to Ronald D. Green Filing fee $ 288, receipt number ANCWDC-5530269. by Sycamore Brewing, LLC. (Boyer, William). Motions referred to David S. Cayer.
April 15, 2022 Opinion or Order Filing 8 MOTION for Leave to Appear Pro Hac Vice as to Marc J. Randazza Filing fee $ 288, receipt number ANCWDC-5530266. by Sycamore Brewing, LLC. (Boyer, William). Motions referred to David S. Cayer.
April 12, 2022 Opinion or Order Filing 7 SUMMONS Returned Executed by Sycamore Brewing, LLC. Stone Brewing Co., LLC served on 4/12/2022, answer due 5/3/2022. (Boyer, William)
April 11, 2022 Opinion or Order Filing 6 ORDER denying #5 Motion for TRO; deferring ruling on #5 Motion for Preliminary Injunction. TAKE NOTICE that a hearing on the pending Motion for Preliminary Injunction, (Doc. No. 5), to the extent it seeks a preliminary injunction, will take place on Wednesday, April 20, 2022, at 2:00 p.m. in Courtroom #5B of the Charles R. Jonas Federal Building, 401 W. Trade Street, Charlotte, North Carolina. Signed by District Judge Frank D. Whitney on 4/11/22. (clc) (Main Document 6 replaced on 4/11/2022) (clc). Modified text on 4/13/2022 (clc).
April 11, 2022 Opinion or Order Set/Reset Deadlines as to #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . Motion Hearing set for 4/20/2022 02:00 PM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. (clc)
April 8, 2022 Opinion or Order Filing 5 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Sycamore Brewing, LLC. Responses due by 4/22/2022 (Attachments: #1 Exhibit 1 - Brigham Declaration, #2 Exhibit 2 - Registration Certificate, #3 Exhibit 3 - Registration Certificate, #4 Exhibit 4 - Current Brews, #5 Exhibit 5 - TechDirt Article, #6 Exhibit 6 - Porch Drinking Article, #7 Exhibit 7 - TTAB Results, #8 Exhibit 8 - Stone Brewing Blog Post, #9 Levenson Declaration) (Boyer, William) M
April 7, 2022 Opinion or Order Filing 4 Summons Issued Electronically as to Stone Brewing Co., LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (js)
April 6, 2022 Opinion or Order Filing 3 REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (Attachments: #1 Complaint) (js)
April 6, 2022 Opinion or Order Filing 2 Corporate Disclosure Statement by Sycamore Brewing, LLC (Boyer, William)
April 6, 2022 Opinion or Order Filing 1 COMPLAINT against Stone Brewing Co., LLC with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-5516876), filed by Sycamore Brewing, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Boyer, William)
April 6, 2022 Opinion or Order 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. (js)
April 6, 2022 Opinion or Order 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.(js)

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Search for this case: Sycamore Brewing, LLC v. Stone Brewing Co., LLC
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Plaintiff: Sycamore Brewing, LLC
Represented By: William Michael Boyer
Represented By: Marc J. Randazza
Represented By: Ronald D. Green
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Defendant: Stone Brewing Co., LLC
Represented By: Adam L. Ross
Represented By: Douglas S. Curran
Represented By: J. Noah Hagey
Represented By: Max B. Bernstein
Represented By: Melissa R. Ginsberg
Represented By: Jennifer Michelle Houti
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