Visioncare Laser Centers 1, Inc. et al v. Clear Choice Visioncare Laser Centers, LLC, et al
| Visioncare Laser Centers 1, Inc. and Refractive Support, Inc., |
| Clear Choice Visioncare Laser Centers, LLC,, Medical Development Associates of South Carolina, LLP,, Edward C. Mann III, William Fogel and Does 1 through 10 |
| 5:2001cv00645 |
| March 19, 2001 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on December 12, 2001. A more recent docket listing may be available from PACER.
| Document Text |
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| Remark (non-document) Copy of Complaint, final decision and docket sheet mailed on 12/12/2001 to Commissioner of Patents and Trademarks, Washington, D.C. (M, J) |
Filing 42
Stipulation and Order of Case Dismissal signed on 12/4/2001. Case has been reported settled and dismissed with prejudice, each party to bear its own costs. Court to retain jurisdiction over settlement agreement. Judge Dan A. Polster (M, J) Modified text on 12/4/2001 (L, T).
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| Filing 41 Notice of rescheduling Mediation Conference for 10/24/01 at 11:00 a.m., Chambers 526, Akron Courthouse. Counsel to each fax to the Court a 1-2 page settlement position report by 12:00 p.m. on 10/22/01. (P, R) |
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Filing 40
Order signed by Judge Polster on 8/20/01 scheduling a Mediation Conference for 9/26/01 at 9:00 a.m., Cleveland Courthouse. Counsel to each fax settlement reports by 4:00 p.m. on 9/24/01. (P, R)
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| Filing 39 Opposition (Related Motion(s) #37 ) to Defendants' Motion for a Protective Order -and- Motion to Strike Defendant's Motion for Protective Order, filed by all plaintiffs. (Savage, Mark) Text Modified on 8/7/2001 (M, J). |
| Filing 38 Reply (Related Motion(s) #26 ) in Support of Plaintiffs' Amended Motion for Preliminary Injunction filed by Refractive Support, Inc. and Visioncare Laser Centers 1, Inc. (Jordan, Michael) Text Modified on 7/31/2001 (M, J). |
| Filing 37 Motion for protective order filed by Clear Choice Visioncare Laser Centers, LLC,, Edward C. Mann III, Medical Development Associates of South Carolina, LLP,. (Attachments: #1 Brief in Support)(Murnane, Colleen) |
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Order (non-document) by Judge Polster on 7/26/2001 Granting defendants' Motion for leave to file brief that exceeds the page limitation(Related Doc #33 ) (P, R)
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| Filing 36 Exhibits /Notice of Manual Filing of Exhibits D, G, H and I (Complete Dcoument on File in Clerk's Office) filed byall defendants. (Related Documents #26 , #34 , #35 ) (M, J A) Modified text on 7/25/2001 (M, J A). |
| Filing 35 Notice of Manual Filing of Exhibits D, G, H, and I to Opposition to Plaintiffs' Amended Motion for Preliminary Injunction (Related Document #34 , filed by Clear Choice Visioncare Laser Centers, LLC, Edward C. Mann III, Medical Development Associates of South Carolina, LLP. (Murnane, Colleen) Text Modified on 7/25/2001 (M, J). |
| Filing 34 Opposition (Related Motion(s) #26 ) to Plaintiffs' Amended Motion for Preliminary Injunction filed by Clear Choice Visioncare Laser Centers, LLC, Edward C. Mann III, Medical Development Associates of South Carolina, LLP. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Affidavit)(DOCUMENT FILED PREMATURELY)(Murnane, Colleen) Text Modified on 7/25/2001 (M, J). |
| Filing 33 Motion for leave to File Brief that Exceeds the Page Limitations set Forth in Local Rule 7.1(g) Instanter filed by Clear Choice Visioncare Laser Centers, LLC,, Edward C. Mann III, Medical Development Associates of South Carolina, LLP,. (Murnane, Colleen) |
| Filing 32 Notice of Substitution of Original Affidavit Pursuant to Local Civil Rule 7.1(g) filed by Clear Choice Visioncare Laser Centers, LLC, Edward C. Mann III, Medical Development Associates of South Carolina, LLP. (Related Document #30 ) (Attachments: #1 Affidavit)(Roth, Kathleen) Text Modified on 7/25/2001 (M, J). |
| Filing 31 Reply (Related Motion(s) #16 ) in Support of Motion to Stay Pending Arbitration filed by Kathleen E. Roth on behalf of Clear Choice Visioncare Laser Centers LLC, Edward C. Mann III, Medical Development Associates of South Carolina, LLP. (Attachments: #1 Exhibit A)(Roth, Kathleen) Text Modified on 7/24/2001 (M, J). |
| Filing 30 Reply (Related Motion(s) #15 ) in Support of Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, or, in the Alternative, to Transfer Case to the District of South Carolina, filed by Kathleen E. Roth on behalf of Clear Choice Visioncare Laser Centers, LLC, Edward C. Mann III, Medical Development Associates of South Carolina, LLP. (Attachments: #1 Affidavit (not signed) #2 Exhibit A)(Roth, Kathleen) Text Modified on 7/24/2001 (M, J). |
| Filing 29 Reply (Related Motion(s) #24 ) Brief in Support of Its Motion for Expedited Discovery filed by Mark J. Savage on behalf of Refractive Support, Inc.,, Visioncare Laser Centers 1, Inc.. (Savage, Mark) |
| Filing 28 Supplement to Plaintiffs' Motion for Preliminary Injunction filed by Mark J. Savage on behalf of Refractive Support, Inc.,, Visioncare Laser Centers 1, Inc.. (Attachments: #1 Exhibit A: Affidavit of Jason Hewitt)(Related document(s) #25 , #26 ) (Savage, Mark) |
| Filing 27 Response (Related Motion(s) #24 ) to Plaintiffs' Motion for Expedited Discovery filed by Colleen C. Murnane on behalf of Clear Choice Visioncare Laser Centers, LLC,, Edward C. Mann III, Medical Development Associates of South Carolina, LLP,. (Attachments: #1 Exhibit A#2 Exhibit B)(Murnane, Colleen) |
| Filing 26 Amended Motion for preliminary injunction filed by Mark J. Savage on behalf of Refractive Support, Inc.,, Visioncare Laser Centers 1, Inc.. (Attachments: #1 Brief in Support of Amended Motion for Preliminary Injunction#2 Exhibit A: Affidavit of Carol Wingard#3 Exhibit A1: Promotional Material#4 Exhibit A2: Signs#5 Exhibit A3: Promotional Material#6 Exhibit A4: Business Card)(Savage, Mark) |
| Filing 25 Motion for preliminary injunction filed by Mark J. Savage on behalf of Refractive Support, Inc.,, Visioncare Laser Centers 1, Inc.. (Attachments: #1 Exhibit A: Affidavit of Carol Wingard#2 Exhibit A1: Promotional Material#3 Exhibit A2: Signs#4 Exhibit A3: Promotional Material#5 Exhibit A4: Business Card)(Savage, Mark) |
| Filing 24 Motion for order Expediting Discovery filed by Mark J. Savage on behalf of Refractive Support, Inc.,, Visioncare Laser Centers 1, Inc.. (Savage, Mark) |
| Filing 23 Brief in Opposition (Related Motion(s) #15 ) to Defendants' Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue or, in the Alternative, to Transfer filed by Mark J. Savage on behalf of Refractive Support, Inc. and Visioncare Laser Centers 1, Inc. (Attachments: #1 Exhibit A: Affidavit of R. Bevington#2 Exhibit B: Affidavit of B. Wilhelm#3 Exhibit C: Affidavit of M. Farley#4 Exhibit D: Unsigned Affidavit of J. Hewitt#5 Exhibit E: Status Certificate - Clear Choice#6 Exhibit F: Affidavit of Mark J. Savage)(Savage, Mark) Text Modified on 7/10/2001 (M, J). |
| Filing 22 Brief in Opposition (Related Motion(s) #16 ) to Defendants' Motion to Stay Pending Arbitration filed by Mark J. Savage on behalf of Refractive Support, Inc. and Visioncare Laser Centers 1, Inc. (Attachments: #1 Exhibit A: Surgery Agreement#2 Exhibit B: Affidavit of R. Bevington#3 Exhibit C: Affidavit of Mark J. Savage)(Savage, Mark) Text Modified on 7/10/2001 (M, J). |
| Filing 21 Return of Service Executed upon Medical Development Associates on 6/26/01 by certified mail filed by all plaintiffs. (H, D) |
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Filing 20
Order signed by Judge Polster on 6/28/01. Case to proceed in the electronic filing system. All further documents, notices and orders are to be filed electronically (Attachments: #1 Policy & Procedure Manual)(P, R)
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Filing 19
Stipulation & Order signed by Judge Polster on 6/28/01 granting plaintiff until 7/9/01 to respond to defendants' motion to dismiss and defendants' motion to stay, with defendants' replies due 7/23/01 (P, R)
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| Filing 18 Stipulated Motion for extension of time until 7/9/01 to respond to defendant's motion to stay and motion to dismiss filed by Mark J. Savage on behalf of Refractive Support, Inc.,, Visioncare Laser Centers 1, Inc.. Related Motions: #15 #16 (Savage, Mark) Modified on 6/28/2001 (P, S). |
| Filing 17 Praecipe for reissuance of service at new address (Issued 6/22/01) filed by Mark J. Savage on behalf of Visioncare Laser Centers 1, Inc.. (M, J A) |
| Filing 16 Motion to stay Pending Arbitration filed by Clear Choice Visioncare Laser Centers, LLC,, Edward C. Mann III, Medical Development Associates of South Carolina, LLP,. (Attachments: #1 Brief in Support #2 Exhibit A#3 Exhibit B)(Bacon, Brett) |
| Filing 15 Motion to dismiss for lack of jurisdiction and Improper Venue or, in the Alternative, to Transfer Case to the United States District Court in South Carolina filed by Clear Choice Visioncare Laser Centers, LLC,, Edward C. Mann III, Medical Development Associates of South Carolina, LLP,. (Attachments: #1 Brief in Support #2 Affidavit #3 Exhibit A#4 Exhibit B#5 Exhibit C#6 Exhibit D)(Bacon, Brett) Modified text on 6/15/2001 (L, T). |
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Filing 14
Order and Notice of Party Dismissal signed by Judge Polster on 6/13/01. Plaintiffs voluntarily dismiss defendant William J. Fogel without prejudice pursuant to F.R.C.P. 41(a)(1)(i). (P, R)
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| Filing 13 Notice of Dismissal Under FRCP 41(a)(1), as to defendant William J. Fogle, without prejudice, filed by Refractive Support, Inc. and Visioncare Laser Centers 1, Inc. (Savage, Mark) Text Modified on 6/13/2001 (M, J). |
| Filing 12 Return of Service Unexecuted upon defendant. Attempted by clerk's office by certified mail. Letter mailed to attorney notifying of unexecuted summons return (Attachments: #1 envelope#2 letter)(S, R) |
| Filing 11 Return of Service Executed served Edward C. Mann, III and Clear Choice Visioncare Laser Centers, LLC by certified mail on 5/25/01 filed by Refractive Support, Inc.,, Visioncare Laser Centers 1, Inc..(C, B) |
| Filing 10 Motion to dismiss for lack of jurisdiction filed by William Fogel. (Attachments: #1 Declaration of Dr. William Fogle#2 Unreported Case Law#3 Unreported Case Law)(Wall, Brett)(Duplicate Entry of Document #9, Entered in Error) Text Modified on 5/30/2001 (M, J). Modified to terminate duplicate motion on 5/30/2001 (L, T). |
| Filing 9 Motion to dismiss for lack of jurisdiction filed by William Fogel. (Attachments: #1 Declaration of Dr. William Fogle#2 Unreported Case Law#3 Unreported Case Law)(Wall, Brett) |
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Filing 8
Marginal Order signed by Judge Polster on 5/15/2001 Granting Defendant Fogel's Motion for extension of time until 5/29/01 to answer complaint(Related Doc #7 ) (P, R)
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| Filing 7 Motion for extension of time until 5/29/2001 to answer complaint filed by William Fogel. (Wall, Brett) Text Modified on 5/14/2001 (M, J). |
| Filing 6 Praecipe for issuance of summons to Medical Development Associates of South Carolina, LLP, Clear Choice Visioncare Laser Centers, LLC, & Edward C. Mann, III. (issued 5/9/01) filed by all plaintiffs.(M, J A) |
| Filing 5 Waiver of Summons Returned, signed on 4/11/2001 by William Fogel, waiver was sent on 3/16/2001, filed by William Fogel.(M, J A) Text Modified on 5/8/2001 (M, J). |
| Filing 4 Notice of Placement of case in the CM/ECF Docketing System .(W, Jo) |
| Filing 3 Case Information Statement with standard track filed by Mark J. Savage of Walter & Haverfield on behalf of Refractive Support, Inc.,, Visioncare Laser Centers 1, Inc..(W, Jo) |
| Filing 2 Random Assignment of Magistrate Judge Limbert .(W, Jo) |
| Filing 1 Complaint (5 waivers and Magistrate Consent Forms issued) against Clear Choice Visioncare Laser Centers, LLC,, Does 1 through 10, William Fogel, Edward C. Mann III, Medical Development Associates of South Carolina, LLP,. filed by Michael J. Jordan, Mark J. Savage of Walter & Haverfield on behalf of Refractive Support, Inc.,, Visioncare Laser Centers 1, Inc.. Filing fee collected, receipt #624209. (Attachments: #1 Exhibit A.#2 Civil Cover Sheet)(W, Jo) |
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