United States of America v. Axis LED Group, LLC et al
| United States of America |
| Axis LED Group, LLC, ALG-Health LLC and Adam J Harmon |
| 3:2022cv01389 |
| August 5, 2022 |
| US District Court for the Northern District of Ohio |
| James G Carr |
| Other Statutory Actions |
| 15 U.S.C. § 0045 Federal Trade Commission Act |
| None |
Docket Report
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This docket was last retrieved on September 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 11 Stipulated Order (consent decree) for permanent injunction, monetary relief judgment and civil penalty. See order for full details. Related Document #2 . Judge James G. Carr on 9/8/2022. (D,TM) |
| Minute Order: [non-document] Status Conference on pending #10 motion for withdrawal of #5 motion for temporary restraining order held before Judge James G. Carr on 9/7/2022. Court Reporter: Stacey Kiprotich. Time: 20 minutes. The plaintiff appeared by attorneys Ellen Bowden McIntyre, and Matthew Robinson. Defendants appeared by attorneys James P. Silk, Jr. and Stephen R. Cochell. Parties advised as to case status. Motion granted to withdraw. Court to take matter re consent decree under advisement and order to issue. (D,TM) |
| Filing 10 Motion to withdraw #5 motion and memorandum in support for temporary restraining order, entry of preliminary injunction and for withdrawal of stipulated final judgment filed by ALG-Health LLC, Axis LED Group, LLC, Adam J Harmon. Related document(s). (Silk, James) |
Order: [non-document] Pending the filing of an Opinion and Order regarding the #5 Motion for a Temporary Restraining Order, etc., the Status Conference for 9/7/2022 is vacated. Judge James G. Carr on 9/6/2022. (D,TM)
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Order: [non-document] Status Conference set for 9/7/2022 at 11:15 AM to be held telephonically before Judge James G. Carr. Court's conference line number provided to all participants - (1-877-336-1839, access code: 8856866). Judge James G. Carr on 9/6/2022. (D,TM)
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Order: [non-document] Due to a court scheduling conflict, the Status Conference set for 8/30/2022 is vacated to be reset for 9/7/2022 at 11:00 AM to be held by video conference (Toledo) before Judge James G. Carr. Video conference zoom invite to issue to all participants in advance. Judge James G. Carr on 8/27/2022. (D,TM)
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| Minute Order: [non-document] Continuation of Status Conference on pending motion for temporary restraining order held before Judge James G. Carr on 8/25/2022. Court Reporter: Stacey Kiprotich. Time: 30 minutes. The plaintiff appeared by attorneys Ellen Bowden McIntyre, Brendan F. Barker, Lisa Hsiao, Matthew Robinson. Defendants appeared by attorneys James P. Silk, Jr. and Stephen R. Cochell. Eric Heisig appeared on behalf of Legal News. Parties advised as to case status. The court sets a further status conference for 8/30/2022 at 3:00 PM by video conference (Toledo) before Judge James G. Carr. Video zoom invite to issue to all participants in advance. Judge James G. Carr on 8/25/2022. (D,TM) |
| Minute Order: [non-document] Status Conference on pending motion for temporary restraining order held before Judge James G. Carr on 8/24/2022. Court Reporter: Angela Nixon. Time: 45 minutes. The plaintiff appeared by attorneys Ellen Bowden McIntyre, Brendan F. Barker, Lisa Hsiao, Noah Katzen, Oliver McDonald, Matthew Robinson, and Hilary K. Perkins. Defendants appeared by attorneys James P. Silk, Jr. and Stephen R. Cochell. Appearances also made by Jonathan Slotter and Eric Heisig who appeared on behalf of Legal News. Parties advised as to case status. Due to a court conflict, the matter continued for 8/25/2022 at 3:00 PM before Judge James G. Carr. Video zoom invite to issue to all participants in advance. Judge James G. Carr on 8/24/2022. (D,TM) |
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Order: [non-document] Status Conference resumes for 8/25/2022 at 03:00 PM to be held by video conference (Toledo) before Judge James G. Carr. Video conference zoom invite to issue to all participants in advance. Judge James G. Carr on 8/24/2022. (D,TM)
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| Filing 9 Reply in support of #5 Motion for temporary restraining order, Motion for entry of preliminary injunction and Motion for withdrawal of stipulated final judgment filed by All Defendants. (Attachments: #1 Exhibit E - Proposed TRO, #2 Exhibit F - Supplemental Declaration of Adam Harmon, #3 Exhibit G - Supplemental Declaration of Stephen Cochell, #4 Exhibit Defendants' Proposed Press Release)(Silk, James) |
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Order: [non-document] Status Conference vacated for 8/23/2022 and reset for 8/24/2022 at 02:30 PM to be held by video conference (Toledo) before Judge James G. Carr. Video conference zoom invite to issue to all parties in advance. Judge James G. Carr on 8/23/2022. (D,TM)
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| Filing 8 Opposition to #5 Motion and memorandum in support for temporary restraining order, Motion for entry of preliminary injunction and Motion for withdrawal of stipulated final judgment filed by United States of America. (Attachments: #1 Exhibit FTC Press release)(Barker, Brendan) |
| Filing 7 Transcript of TRO/Preliminary Injunction held on August 17, 2022 before Judge James G. Carr. To obtain a copy of this transcript please contact court reporter Stacey L. Kiprotich at 419-213-5520. [21 pages] 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. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/26/2022. Redaction Request due 9/9/2022. Redacted Transcript Deadline set for 9/19/2022. Release of Transcript Restriction set for 11/17/2022. Related document(s) #6 . (K,SL) |
| Filing 6 Expedited Non-Appeal Transcript Order Form for proceedings held on 08/17/2022 before Judge James G. Carr, Court Reporter: Stacey Kiprotich. Requested completion date: 08/22/2022 filed by United States of America. (McIntyre, Ellen) |
| Minute Order: [non-document] Status Conference on pending motion for temporary restraining order held on 8/17/2022 before Judge James G. Carr. Court Reporter: Stacey Kiprotich. Time: 45 minutes. The plaintiff appeared by attorneys Ellen Bowden McIntyre, Brendan F. Barker, Lisa Hsiao, Noah Katzen, Oliver McDonald, Matthew Robinson, and Hilary K. Perkins. Defendants appeared by attorneys James P. Silk, Jr. and Stephen R. Cochell. Appearances also made by Jonathan Slotter and Eric Heisig who appeared on behalf of Legal News. Parties advised as to case status. Plaintiff to submit additional briefing on or before 8/22/2022 (EDT). The court sets a further status conference for 8/23/2022 at 3:30 PM by video conference. Video zoom invite to issue to all parties in advance. Judge James G. Carr on 8/17/2022. (D,TM) |
| Filing 5 WITHDRAWN per Minute Order 9/7/2022 - Motion (with memorandum in support) for temporary restraining order, Motion for entry of preliminary injunction, and Motion for withdrawal of stipulated final judgment filed by ALG-Health LLC, Axis LED Group, LLC, Adam J Harmon. (Attachments: #1 Exhibit A Harmon Declaration, #2 Exhibit B Cochell Declaration, #3 Exhibit C Soper Declaration, #4 Exhibit D Dalton Declaration, #5 Proposed Temporary Restraining Order )(Silk, James). Added Motions to match document on 8/16/2022 S,DM). Modified on 9/8/2022 (D,TM). |
| Notice [non-document] of Status Conference/Hearing on Motion for Temporary Restraining Order set for 8/17/2022 at 09:30 AM to be held by video conference (Toledo) before Judge James G. Carr. Video conference zoom invite to issued to all participants in advance. (D,TM) |
| Filing 4 Motion for attorney Stephen R. Cochell to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11565754, filed by ALG-Health LLC, Axis LED Group, LLC, Adam J Harmon. (Attachments: #1 Exhibit A-Certificate of Good Standing, #2 Exhibit B-Declaration of Stephen R. Cochell - (document does not contain an original signature))(Silk, James) Modified text on 8/15/2022 (M,TL). |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Stephen R. Cochell for ALG-Health LLC, Axis LED Group, LLC, and Adam J Harmon. 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. (Related Doc #4 ). Judge James G. Carr on 8/12/2022. (D,TM)
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| Filing 3 Magistrate Consent Form issued. No summons received. No summons issued. (R,EM) |
| Filing 2 Proposed Stipulated Order for Permanent Injunction, Monetary Relief Judgment, and Civil Penalty Judgment filed by Plaintiff United States of America. Related document(s) #1 . (Barker, Brendan) Modified not a motion 8/5/2022 (S,DM). |
| Filing 1 Complaint for Permanent Injunction, Civil Penalties, and other Relief against All Defendants.. Filing fee exempt. Filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-AXIS Registration with SOS, #3 Exhibit B-ALG Health Registration with SOS, #4 Exhibit C-ALG Website, #5 Exhibit D-Letter from Harmon, #6 Exhibit E-FTC Jan 18, 2017 Letter, #7 Exhibit F-Axis LED Catalogue, #8 Exhibit G-Murlock Declaration, #9 Exhibit H-Hutson Declaration, #10 Exhibit I-ALG Health Web and Social Media, #11 Exhibit J-ALG Social Media post, #12 Exhibit K-ALG Youtube video, #13 Exhibit L-ALG Health Web, #14 Exhibit M-ALG Social Media post, #15 Exhibit N-Feeney Declaration, #16 Exhibit O-ALG Notice August 2021, #17 Exhibit P-NOISH publication on CDC web, #18 Exhibit Q-ALG Mask, #19 Exhibit R-ALG Instagram Feed, #20 Exhibit S-ALG Specification sheet) (Barker, Brendan) |
| Judge James G. Carr 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) |
| 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). (R,EM) |
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