On The Beach Boutique LLC et al v. Haynes
| On The Beach Boutique LLC and Kathy Fye |
| Marissa Garcia and Marissa Haynes |
| 3:2022cv00578 |
| April 11, 2022 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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This docket was last retrieved on June 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 Stipulation & Order of Dismissal with Prejudice approving #27 Proposed Stipulation of Dismissal with Prejudice. Judge Jack Zouhary on 6/20/2023. (V,S) |
Filing 29
ORDER approving #27 -1 Proposed Joint Permanent Injunction. See Order for details. Judge Jack Zouhary on 6/20/2023. (V,S)
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| Filing 28 Report on the Determination [Closing] of an Action Regarding a Copyright (AO121). (S,HR) |
| Filing 27 Stipulated Notice of Dismissal Under FRCP 41(a)(1) (A)(ii) and PROPOSED JOINT PERMANENT INJUNCTION filed by All Plaintiffs. (Attachments: #1 Proposed Order PROPOSED JOINT PERMANENT INJUNCTION)(Braun, Jeanette) |
| Filing 26 Report on the Filing of an Action Regarding a Copyright (AO121) filed by All Plaintiffs. (Braun, Jeanette) |
| Filing 25 Dismissal Order. A Zoom Settlement Conference held on 3/28/2023 resulted in a settlement. Settled and dismissed without prejudice. Each party is to bear its own costs. Any subsequent Dismissal with prejudice filed within 30 days shall supersede this order. Judge Jack Zouhary on 3/28/2023. (1 hr, 30 mins)(D,L) |
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ORDER [non-document]. Due to the Settlement Conference on 3/28/2023, the Joint Status Report due 3/15/2023 is vacated. Judge Jack Zouhary on 3/16/2023. (V,S)
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| Filing 24 Stipulated Protective Order regarding confidential documents approving #22 Proposed Stipulated Protective Order. (V,S) |
| Filing 23 Application for Issuance of Subpoena for service upon DocuSign, Inc.. filed by All Plaintiffs. (Braun, Jeanette) |
| Filing 22 Stipulated Motion for protective order STIPULATED PROTECTIVE ORDER filed by Kathy Fye, On The Beach Boutique LLC. (Braun, Jeanette) |
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Filing 21
ORDER. Settlement Conference is set for Tuesday, March 28, 2023 at 9 AM (EST) by video conference. This Court will send a Zoom invitation to counsel prior to the conference. Counsel shall advise Chambers by email the name and title of their party representatives. Lead counsel and parties, or a representative with full authority to negotiate and settle, shall appear at the conference. Further, each party shall submit an ex parte statement summarizing the settlement position to Chambers by e-mail (zouhary_chambers@ohnd.uscourts.gov) three (3) days before the conference. The statement shall not become part of the case record. Judge Jack Zouhary on 2/21/2023.(V,S)
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| Filing 20 Joint Status Report filed by All Parties filed by All Plaintiffs. Related document(s) #17 .(Braun, Jeanette) |
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ORDER [non-document] approving #20 Joint Status Report. Further Joint Status Report due by March 15, 2023. Judge Jack Zouhary on 11/4/2022. (V,S)
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| Filing 19 Unopposed Motion by John J. Mariane to withdraw as attorney for Plaintiffs filed by Kathy Fye, On The Beach Boutique LLC. Related document(s) #4 . (Attachments: #1 Proposed Order Granting Plaintiffs' Motion for Withdrawal of attorney John J. Mariane as Plaintiffs' counsel)(Braun, Jeanette) |
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Order [non-document] granting #19 Motion to withdraw as attorney. Attorney John J. Mariane, IV removed from case. Judge Jack Zouhary on 10/27/2022.(D,L)
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| Filing 18 Answer to #10 Amended complaint,, filed by Marissa Haynes. (Fichtenberg, Todd) |
| Filing 17 CASE MANAGEMENT CONFERENCE ORDER. Case Management Conference held by phone on 8/3/2022. Case is assigned to the Standard Track with trial in JULY 2023. Case does involve electronic discovery. See Order for details. Deadline for amending pleadings/adding parties: August 31, 2022. Counsel are reminded to follow the amended Civil Rules re proportional discovery and civility. Counsel will stage depositions pursuant to 2015 Civil Rules amendments. Discovery deadlines: Expert disclosures due by October 28, 2022; Expert reports due by November 25, 2022. Liability due by December 30, 2022; Damages due by March 31, 2023; Expert depositions and dispositive motions require prior Court approval. See Order for dispositive motion guidelines. Failure to follow will result in Clerk striking the briefing. Counsel shall describe in the case caption whether a motion is "opposed" or "unopposed" -- which means counsel MUST confer with opposing counsel BEFORE filing any motion -- procedural or substantive. It was agreed that the state law claims would be dismissed without prejudice. Specifically, the claims for deceptive trade practices, tortious interference with contract, defamation, false light, and intentional infliction of emotional distress are dismissed without prejudice, and Plaintiffs may request later reinstatement of one or more of the claims if warranted. Defendant shall file her Answer to the remainder of Plaintiffs Amended Complaint by Wednesday, August 17, 2022. Counsel shall file a brief Joint Status Report by Friday, November 4, 2022. Judge Jack Zouhary on 8/4/2022. (30 mins) (V,S) |
| Filing 16 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Marissa Haynes. (Fichtenberg, Todd) |
| Filing 15 Attorney Appearance by Matthew J. Schonauer filed by on behalf of Marissa Haynes. (Schonauer, Matthew) |
| Filing 14 Attorney Appearance by Todd A. Fichtenberg filed by on behalf of Marissa Haynes. (Fichtenberg, Todd) |
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ORDER [non-document]. At the request of counsel, a Telephone Conference set for August 3, 2022 at 12:30 PM. At that time, counsel shall call the District Court conference line provided by email. Judge Jack Zouhary on 7/27/2022. (V,S)
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Filing 13
ORDER. Initial Telephone Conference held on July 6, 2022. If no agreement can be reached, Defense counsel shall forward the email exchange between counsel to Chambers (zouhary_chambers@ohnd.uscourts.gov) after which this Court will set a phone conference to discuss a possible briefing schedule on Defendant's Motion to Dismiss the state law claims. Because at least the federal claim will remain pending, this Court attaches a form Report of the Parties to be completed by counsel setting forth a case schedule. This Report shall be filed by July 28, 2022. Until there is a decision by counsel or a ruling by this Court on Defendant's preemption argument, Defendant's Answer to the Complaint is stayed. Judge Jack Zouhary on 7/7/2022. (Attachments: #1 Report of Parties' Planning Meeting (Blank)) (20 mins)(V,S)
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| NOTICE [non-document] of Initial Telephone Conference set for July 6, 2022 at 10:30 AM (EST) before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line provided by email. No dispositive motions shall be filed prior to the Initial Telephone Conference. (V,S) |
| Filing 12 Waiver of Service Returned Executed by On The Beach Boutique LLC, Kathy Fye. Marissa Haynes waiver sent on 5/26/2022, answer due 7/25/2022 filed on behalf of On The Beach Boutique LLC; Kathy Fye (Braun, Jeanette) |
| Filing 11 Original Summons issued to counsel for service upon Marissa Haynes. (S,DM) |
| Filing 10 Amended complaint with jury demand against Marissa Haynes. Filed by On The Beach Boutique LLC, Kathy Fye. (Attachments: #1 Exhibit A - February 25, 2022 Comment to TikTok video, #2 Exhibit B - March 4, 2022 Video Response, #3 Exhibit C - Hand Drawn Bunny Copyright, #4 Exhibit D - February 22, 2022 DMCA Notice, #5 Exhibit E - Comparison of Designs, #6 Exhibit F - February 28, 2022 Second DMCA Notice, #7 Exhibit G - March 1, 2022 Third DMCA Notice, #8 Exhibit H - Design Comparison, #9 Exhibit I - February 23, 2022 TikTok Video Comments, #10 Exhibit J - February 23, 2022 TikTok Comments, #11 Exhibit K - February 23, 2022 TikTok Written Statement, #12 Summons Marissa Haynes) (Kemp, Matthew) |
| Filing 9 Return of Service by personal service (by leaving the summons at the individual's residence or usual place of abode) executed upon Marissa Garcia on 5/2/2022, filed on behalf of All Plaintiffs (Braun, Jeanette) Modified on 5/18/2022 to note proof of service was not completed on summons issued by clerk. (S,DM) |
| Notice of Copyright, Patent and Trademark Reporting Requirements. Local Rule 3.13(c) requires the filing of the #AO121 Copyright Report Form or #AO120 Patent and Trademark Report Form by 5/4/2022. (W,Na) |
| Filing 8 Civil Case Management Procedures Order. Judge Jack Zouhary on 4/13/2022. (R,EM) |
| Filing 7 Marginal Entry Order granting #4 Motion for appearance pro hac vice by attorney John J. Mariane for Kathy Fye and On The Beach Boutique LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 4/13/2022. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 6 Marginal Entry Order granting #3 Motion for appearance pro hac vice by attorney Jeanette M. Braun for Kathy Fye and On The Beach Boutique LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 4/13/2022. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a).After Defendant(s) have been served and counsel enter an appearance, this Court will promptly hold an Initial Phone Status Conference. No Motion to Dismiss may be filed in advance of this Conference. The responsive pleading deadline will be automatically tolled until that time. (R,EM) |
| Filing 5 Corporate Disclosure Statement filed by On The Beach Boutique LLC. (Kemp, Matthew) |
| Filing 4 Motion for attorney John J. Mariane to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11365981, filed by Kathy Fye, On The Beach Boutique LLC. Related document(s) #1 . (Attachments: #1 Declaration of John J. Mariane - (document does not contain an original signature))(Kemp, Matthew) Modified text on 4/13/2022 (M,TL). |
| Filing 3 Motion for attorney Jeanette M. Braun to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11365966, filed by Kathy Fye, On The Beach Boutique LLC. Related document(s) #1 . (Attachments: #1 Declaration of Jeanette M. Braun - (document does not contain an original signature))(Kemp, Matthew) Modified text on 4/13/2022 (M,TL). |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Marissa Garcia. (Attachments: #1 Magistrate Consent Form) (R,EM) |
| Filing 1 Complaint with jury demand against Marissa Garcia. Filing fee paid $ 402, Receipt number AOHNDC-11365843.. Filed by On The Beach Boutique LLC, Kathy Fye. (Attachments: #1 Exhibit A - February 25, 2022 Comment to TikTok video, #2 Exhibit B - March 4, 2022 Video Response, #3 Exhibit C - Hand Drawn Bunny Copyright, #4 Exhibit D - February 22, 2022 DMCA Notice, #5 Exhibit E - Comparison of Designs, #6 Exhibit F - February 28, 2022 Second DMCA Notice, #7 Exhibit G - March 1, 2022 Third DMCA Notice, #8 Exhibit H - Design Comparison, #9 Exhibit I - February 23, 2022 TikTok Video Comments, #10 Exhibit J - February 23, 2022 TikTok Comments, #11 Exhibit K - February 23, 2022 TikTok Written Statement, #12 Civil Cover Sheet, #13 Summons to Marissa Garcia) (Kemp, Matthew) |
| Judge Jack Zouhary assigned to case. (R,EM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (R,EM) |
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