Hygenic Corporation v. Sanctuary Health et al
| Hygenic Corporation |
| Sanctuary Health and ABC Companies 1-5 |
| 5:2009cv00006 |
| January 5, 2009 |
| US District Court for the Northern District of Ohio |
| Trademark Office |
| Summit |
| David D Dowd |
| Trademark |
| 15 U.S.C. § 1125 |
| Both |
Docket Report
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| Document Text |
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Filing 39
Marginal Entry Order approving of Case Dismissal with prejudice. Each party shall bear its own fees and costs. signed by Judge David D. Dowd, Jr. on 1/21/2009. (M,De)
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| Filing 38 Proposed Stipulation of Dismissal filed by Sanctuary Health. (Roach, Jennifer) |
| Filing 37 Notice of Withdrawal of Counsel filed by Sanctuary Health. (Roach, Jennifer) |
| Filing 36 Reply to Defendant Sanctuary Health's #33 Counterclaim to First Amended Complaint filed by Hygenic Corporation. (Stillwell, Walter) Modified to create link on 9/22/2009 (S,He). |
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Filing 35
Marginal Entry Order granting #34 Motion to Extend Deadlines; Discovery due by 1/29/2010. Dispositive Motions due by 2/19/2010, with responses by 3/5/2010 and replies by 3/12/2010. Signed by Judge David D. Dowd, Jr. on 9/18/2009. (M,De)
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| Filing 34 Stipulated Motion for extension of Discovery Period until January 29, 2010 filed by all parties. (Stillwell, Walter) Modified filers on 9/18/2009 (P,G). |
| Filing 33 Answer to #31 Amended complaint,,, Counterclaim against Hygenic Corporation filed by Sanctuary Health. (Attachments: #1 Exhibit A. Sampling of Hygenic's advertising materials, #2 Exhibit B. Color Spectrum, #3 Exhibit C. Hygenic's Trademark Application (red), #4 Exhibit D. Hygenic's Trademark Application (yellow), #5 Exhibit E. Hygenic's Trademark Application (green), #6 Exhibit F. Hygenic's Trademark Application (blue), #7 Exhibit G. Hygenic's Trademark Application (black), #8 Exhibit H. Hygenic's Trademark Application (silver), #9 Exhibit I. Third-party uses of color sequence)(Conduah, Theresa) |
| Filing 32 Praecipe for issuance of Original Summons for First Amended Complaint filed by Hygenic Corporation. (Attachments: #1 Summons to Sanctuary Health)(Moser, Christina) |
| Filing 31 First Amended complaint against ABC Companies 1-5, Sanctuary Health. Filed by Hygenic Corporation. (Attachments: #1 Exhibit A - Thera-Band Product Catalog (2004), #2 Exhibit B - Thera-Band Website, #3 Exhibit C - PT 2008 List of Exhibitors, #4 Exhibit D - Sanctuary Health Product Catalog, #5 Exhibit E - Sanctuary Health Product Insert, #6 Exhibit F - Thera-Band Product Insert, #7 Exhibit G - Sanctuary Health Website (tubing), #8 Exhibit H - Sanctuary Health Website (bands), #9 Exhibit I - Thera-Band Product Catalog (2002), #10 Exhibit J - Thera-Band Product Catalog Copyright Registrations, #11 Exhibit K - Thera-Band Product Inserts Copyright Registration) (Moser, Christina) |
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Filing 30
Order granting motion #27 for a Protective Order. The Proposed Stipulated Protective order is at ECF 27-1 #27 and is approved, subject to provisions of this order. Signed by Judge David D. Dowd, Jr. on 8/12/2009. (M,De)
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Filing 29
Marginal Entry Order granting Motion for leave to file first amended complaint (Related Doc #28 ). It is plaintiff's responsibility to file a clean copy of the amended complaint upon approval of the motion by the Court. Signed by Judge David D. Dowd, Jr. on 8/12/2009. (M,De)
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| Filing 28 Unopposed Motion for leave to file first amended complaint filed by Plaintiff Hygenic Corporation. (Attachments: #1 Exhibit A - Proposed First Amended Complaint)(Moser, Christina) Modified text on 8/13/2009 (S,He). |
| Filing 27 Joint Motion for protective order filed by Plaintiff Hygenic Corporation, Defendant Sanctuary Health. (Attachments: #1 Stipulated Protective Order)(Conduah, Theresa) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Douglas R. Wilner for Sanctuary Health (Related Doc #26 ). Attorney Douglas R. Wilner is reminded that he is required to register for CM/ECF and to file and receive all documents electronically, (SEE LR 5.1(c)). Local counsel Attorney Jennifer Roach is directed to notify counsel of this requirement. Approved by Judge David D. Dowd, Jr. on 7/30/2009. (M,De)
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| Filing 26 Motion for attorney Douglas R. Wilner to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003665235, filed by Defendant Sanctuary Health. (Attachments: #1 Affidavit of Doug Wilner)(Roach, Jennifer) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jason M. Sneed for Sanctuary Health (Related Doc #25 ) Approved by Judge David D. Dowd, Jr. on 7/24/2009. (M,De)
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| Filing 25 Motion for attorney Jason M. Sneed to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003659087, filed by Defendant Sanctuary Health. (Attachments: #1 Affidavit of Jason M. Sneed)(Roach, Jennifer) |
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Filing 24
Case Management Conference Plan/Order. Case is assigned to the standard track. Discovery due by 10/2/2009. Dispositive Motions due by 10/23/2009, with response by 11/6/2009 and replies by 11/13/2009. Signed by Judge David D. Dowd, Jr. on 5/27/2009. (M,De)
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| Minutes of proceedings [non-document] before Judge David D. Dowd, Jr. Case Management Conference held on 5/22/2009. (Court Reporter: none) Time: 60 minutes. (M,De) Modified text on 5/22/2009 (M,De). |
| Filing 23 Joint Report of Parties' Planning Meeting for Rule 26(F). Parties do not consent to this case being assigned to the magistrate judge, filed by all parties. (Stillwell, Walter) |
| Filing 22 Certificate of Service of Initial Disclosures filed by Sanctuary Health. (Conduah, Theresa) Modified text on 5/18/2009 (S,He). |
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Filing 21
Order re #17 Motion for summary judgment and #18 Memorandum in support of motion for summary judgment filed by Sanctuary Health. The Court will not rule on Sanctuary Health's motion until such time as the Court establishes a schedule for summary judgment motions and such motions are ripe according to that schedule. However, if plaintiff does not intend to oppose Sanctuary Health's motion for summary judgment, plaintiff should promptly inform the Court. If plaintiff does intend to oppose the motion, it need not do so until such time as later required by the Court. Signed by Judge David D. Dowd, Jr. on 5/13/2009. (M,De)
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| Filing 20 Notice of Certification of Service of Initial Disclosures filed by Hygenic Corporation. (Stillwell, Walter) Modified text on 5/11/2009 (P,G). |
| Filing 19 Reply to Defendant's Counterclaim (Related document #5 ) filed by Hygenic Corporation. (Moser, Christina) Modified on 4/21/2009 to create link (Page, Gina). |
| Filing 18 Memorandum In Support of #17 Motion for summary judgment filed by Sanctuary Health. (Attachments: #1 Exhibit A)(Conduah, Theresa) |
| Filing 17 Motion for summary judgment filed by Defendant Sanctuary Health. (Conduah, Theresa) |
| Filing 16 Corporate Disclosure Statement by Sanctuary Health filed by Sanctuary Health. (Roach, Jennifer) |
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Order [non-document] approving #13 , #14 and #15 motions for appearance pro hac vice by attorneys Raymond A. Kurz, Eric J. Lobenfeld and Walter B. Stillwell for Hygenic Corporation. Counsel are reminded that they are required to register for CM/ECF and to file and receive documents electronically. See LR 5.1(c). Local counsel Christina J. Moser is directed to advise counsel of this requirement. Approved by Judge David D. Dowd, Jr. on 4/14/09.(S,He) Modified text to add requirements on 4/14/2009 (S,He).
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| Filing 15 Motion for attorney Walter B. Stillwell to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003512882, filed by Plaintiff Hygenic Corporation. (Attachments: #1 Affidavit of Walter B. Stillwell)(Moser, Christina) |
| Filing 14 Motion for attorney Eric J. Lobenfeld to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003512881, filed by Plaintiff Hygenic Corporation. (Attachments: #1 Affidavit of Eric J. Lobenfeld)(Moser, Christina) |
| Filing 13 Motion for attorney Raymond A. Kurz to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003512880, filed by Plaintiff Hygenic Corporation. (Attachments: #1 Affidavit of Raymond A. Kurz)(Moser, Christina) |
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Filing 12
Order granting Sanctuary Health's #11 motion to excuse its party representative from participating in the 5/22/09 case management conference. Signed by Judge David D. Dowd, Jr. on 4/10/09. (S,He)
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| Filing 11 Motion to excuse Attendance of Party Representative at Case Management Conference filed by Defendant Sanctuary Health. (Roach, Jennifer) |
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Filing 10
Case Management Conference Scheduling Order with case management conference to be held on 5/22/2009 at 12:30 p.m. in Chambers 402 before Judge David D. Dowd Jr. Signed by Judge David D. Dowd, Jr. on 4/1/2009. (Attachments: #1 Appendix K, #2 Discovery Plan, #3 Local Rule 30.1, #4 Map) (M,De)
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| Filing 9 Attorney Appearance by Darcy M. Brosky and Jennifer S. Roach filed by on behalf of Sanctuary Health. (Brosky, Darcy) Modified text on 4/2/2009 (P,G). |
| Filing 8 Notice of Magistrate Consent form. (M,De) |
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Order [non-document] granting Motions for appearance pro hac vice by attorney Larry C. Jones and attorney Theresa Conduah for Sanctuary Health provided that both counsel provide their bar numbers as required by local rule. Counsel are reminded that they are required to register for CM/ECF and to file and receive all documents electronically. See LR 5.1(c). Local counsel are directed to advise counsel of these requirements. (Related Doc #6 and #7 ). Approved by Judge David D. Dowd, Jr. on 3/31/2009. (M,De)
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| Filing 7 Motion for Pro Hac Vice Admission of Theresa Conduah Filing fee $ 100, receipt number 06470000000003489141, filed by Defendant Sanctuary Health. (Attachments: #1 Affidavit Theresa Conduah)(Roach, Jennifer) |
| Filing 6 Motion for Pro Hac Vice Admission of Larry C. Jones Filing fee $ 100, receipt number 06470000000003489082, filed by Defendant Sanctuary Health. (Attachments: #1 Affidavit Larry C. Jones)(Roach, Jennifer) |
| Notice by Clerk that Sanctuary Health failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (M,De) |
| Filing 5 Answer to #1 Complaint,, with Jury Demand, Counterclaim against Hygenic Corporation filed by Sanctuary Health. (Attachments: #1 Exhibit A - Website, #2 Exhibit B - Visible Spectrum, #3 Exhibit C - 5/11/2000 Letter (Red), #4 Exhibit D - 5/11/2000 Letter (Yellow), #5 Exhibit E - 5/11/2000 Letter (Green), #6 Exhibit F - 5/11/2000 Letter (Blue), #7 Exhibit G - 5/11/2000 Letter (Black), #8 Exhibit H - 5/11/2000 Letter (Silver))(Roach, Jennifer) |
| Filing 4 Waiver of Service Returned Executed by Hygenic Corporation. Sanctuary Health waiver sent on 1/16/2009, answer due 4/16/2009 filed on behalf of Hygenic Corporation (Moser, Christina). Modified on 3/10/2009 to reflect defendant is an out of country defendant and answer date is 4/16/09 (M,De). |
| Filing 3 Summons and Magistrate Consent Form issued for service upon Sanctuary Health. (Attachments: #1 Magistrate Consent Form) (M,TL) |
| Filing 2 Corporate Disclosure Statement filed by Hygenic Corporation . (Moser, Christina) |
| Filing 1 Complaint with jury demand against Sanctuary Health . Filing fee $ 350, receipt number 06470000000003359168, filed by Hygenic Corporation. (Attachments: #1 Exhibit A - Thera-Band Product Catalog, #2 Exhibit B - Thera-Band Website, #3 Exhibit C - APTA Exhibitor List, #4 Exhibit D - Sanctuary Health Product Catalog, #5 Exhibit E - Sanctuary Health Product Insert, #6 Exhibit F - Thera-Band Product Insert, #7 Exhibit G - Sanctuary Health Website (Bands), #8 Exhibit H - Sanctuary Health Website (Tubing), #9 Civil Cover Sheet, #10 Summons to Sanctuary Health) (Moser, Christina) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Benita Y. Pearson. (M,TL) |
| Judge David D. Dowd, Jr. assigned to case. (M,TL) |
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