Monster Energy Company v. Lavie Westgate LLC
| Monster Energy Company |
| Lavie Westgate LLC |
| 3:2023cv00480 |
| March 9, 2023 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Trademark |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.
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ORDER [non-document]. The Initial Telephone Conference set for 5/31/2023 will now be held on Tuesday, May 30, 2023 at 9:30 AM on the same District Court conference line. Judge Jack Zouhary on 5/2/2023. (V,S)
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| Filing 11 Marginal Entry Order granting #9 Motion for appearance pro hac vice by attorney Matthew Scott Bellinger for Monster Energy Company. 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 4/6/2023. (Attachments: #1 ACTL Code of Conduct) (V,S) |
| Filing 10 Marginal Entry Order granting #8 Motion for appearance pro hac vice by attorney Hans L. Mayer for Monster Energy Company. 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 4/6/2023. (Attachments: #1 ACTL Code of Conduct) (V,S) |
| Filing 9 Motion for attorney Matthew S. Bellinger to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11927719, filed by Plaintiff Monster Energy Company. (Attachments: #1 Exhibit A. Certificate of Good Standing, #2 Exhibit B. Declaration of Matthew Bellinger)(Tate, James) |
| Filing 8 Motion for attorney Hans L. Mayer to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11927716, filed by Plaintiff Monster Energy Company. (Attachments: #1 Exhibit A. Certificate of Good Standing, #2 Exhibit B. Declaration of Hans Mayer)(Tate, James) |
| NOTICE [non-document] of Initial Telephone Conference set for Wednesday, May 31, 2023 at 9:30 AM 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) |
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ORDER [non-document] granting #7 Motion for extension of time until May 27, 2023 to Answer. Defendant's Answer is now due May 27, 2023. Judge Jack Zouhary on 3/30/2023.(V,S)
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| Filing 7 Motion for extension of time until May 27, 2023 to move, plead or otherwise respond to Plaintiff's complaint filed by Defendant Lavie Westgate LLC. (Attachments: #1 Proposed Order)(Bonfiglio, Paul) |
| Filing 6 Return of Service by Clerk by certified mail executed upon Lavie Westgate LLC on 3/17/2023, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Monster Energy Company Related document(s) #2 . (H,JL) |
| Filing 5 Civil Case Management Procedures Order. Judge Jack Zouhary on 3/14/2023. (S,DM) |
| 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. (S,DM) |
| Service by Clerk. Summons and Complaint addressed to Lavie Westgate LLC C/O Randy Jaber, Statutory Agent placed in U.S. Mail. Type of service: certified mail. Receipt # 7022 0410 0001 8155 7847. (R,EM) |
| Filing 3 Supplement to Complaint, - Attaching Exhibits, filed by Monster Energy Company. Related document(s) #1 . (Attachments: #1 Exhibit 1-14, Monster Trademark Registrations)(Tate, James) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon Lavie Westgate LLC. (Attachments: #1 Magistrate Consent Form) (S,DM) |
| Judge Jack Zouhary assigned to case. (S,DM) |
| 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. (S,DM) |
| Filing 4 Report on the Filing of an Action Regarding a Patent or Trademark (AO120). Filed on behalf of Monster Energy Company. (M,CE) |
| Filing 1 Complaint for trademark infringement, trade dress infringement, false designation of origin, unfair competition, and deceptive trade practices with jury demand against Lavie Westgate LLC. Filing fee paid $ 402, Receipt number AOHNDC-11882047.. Filed by Monster Energy Company. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit Corporate Disclosure Statement, #4 Exhibit AO 120 PTO Report) (Tate, James) |
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| Plaintiff: Monster Energy Company | |
| Represented By: | James A. Tate |
| Represented By: | Hans L. Mayer |
| Represented By: | Matthew S. Bellinger |
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| Defendant: Lavie Westgate LLC | |
| Represented By: | Paul R. Bonfiglio |
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