J. M. Smucker Company v. Promotion In Motion, Inc.
| J. M. Smucker Company |
| Promotion In Motion, Inc. |
| 5:2019cv01116 |
| May 17, 2019 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| Pamela A Barker |
| Trademark |
| 28 U.S.C. § 1331 Fed. Question: Trademark |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 2019. A more recent docket listing may be available from PACER.
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Filing 21
Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (Attachments: #1 Judgment)(W,Na)
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Filing 20
Judgment Entry For the reasons stated in the Memorandum Opinion and Order #19 issued this date, Defendant Promotion in Motion's Motion to Dismiss Amended Complaint (Doc. No. #14 ) is GRANTED IN PART and DENIED IN PART. Defendant's Motion to Dismiss is denied to the extent it seeks dismissal based on the lack of personal jurisdiction, but is granted on the basis of the anticipatory action exception to the first-to-file rule.The case is hereby TERMINATED. Entered by Judge Pamela A. Barker on 11/7/2019. (L,Ja)
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Filing 19
Memorandum Opinion and Order For the reasons set forth in this order, Defendant's Motion to Dismiss (Doc. No. #14 ) is GRANTED IN PART and DENIED IN PART, as follows. Defendant's Motion is denied to the extent it seeks dismissal based on the lack of personal jurisdiction, but is granted on the basis of the anticipatory action exception to the first-to-file rule. Entered by Judge Pamela A. Barker on 11/7/2019. (L,Ja)
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Filing 18
Reply Memorandum of Law in further support of #14 Motion to dismiss Smucker'sAmended Complaint filed by defendant Promotion In Motion, Inc. (Schwallie, Halden)
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Filing 17
Response to #14 Motion to dismiss Amended Complaint filed by J. M. Smucker Company. (Attachments: #1 Declaration in Support of T. Fraelich, #2 Exhibit Ex. A to Fraelich Decl. - Mandel Decl. in Kervan Action, #3 Exhibit Ex. B to Fraelich Decl. - Fruit Snacks Locations in Ohio, #4 Exhibit Ex. C to Fraelich Decl. - Receipts for Fruit Snacks, #5 Exhibit Ex. D to Fraelich Decl. - Letter of 20190517 with Attachments, #6 Exhibit Ex. E to Fraelich Decl. - District Profiles for N.D. Ohio and D.N.J. 20190331)(Fraelich, Timothy)
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Filing 16
Declaration of Richard S. Mandel filed by Promotion In Motion, Inc.. Related document(s) #14 . (Attachments: #1 Exhibit A - Letter, #2 Exhibit B - Letter, #3 Exhibit C - Letter, #4 Exhibit D - Email, #5 Exhibit E - Email, #6 Exhibit F - Letter, #7 Exhibit G - Complaint)(Schwallie, Halden)
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Filing 15
Declaration of Michael G. Rosenberg filed by Promotion In Motion, Inc.. Related document(s) #14 . (Schwallie, Halden)
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Filing 14
Motion to dismiss Amended Complaint with Memorandum in Support filed by Defendant Promotion In Motion, Inc.. Related document(s) #12 . (Schwallie, Halden)
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Order [non-document] Granting #13 Joint Proposed Stipulation Regarding Defendant's Motion to Dismiss regarding #9 Motion to Dismiss is rendered moot. Judge Pamela A. Barker on 7/19/2019. (L,Ja)
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Filing 13
Joint Proposed Stipulation Regarding Defendant's Motion to Dismiss filed by J. M. Smucker Company. Related document(s) #9 .(Gott, Angela)
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Order [non-document] entered by Judge Pamela A. Barker on 7/9/19. For purposes of clarification, the parties are advised that the Courts Order dated July 1, 2019 was intended to terminate any upcoming telephonic and/or in-person conferences and hearings set by the previously assigned district judge. All other case management deadlines (including pleading amendment, discovery, expert, briefing, and dispositive motions deadlines) remain in effect. In addition, any referrals to the assigned Magistrate Judge (including for mediation and/or settlement conferences) remain in effect. Any status, final pre-trial and trial dates set to take place before the previously assigned district judge will be reset at a later date. (D,MA)
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Filing 12
Amended complaint against Promotion In Motion, Inc.. Filed by J. M. Smucker Company. (Attachments: #1 Exhibit A - Def.'s Apr. 2 Letter, #2 Exhibit B - Pl.'s Apr. 19 Letter, #3 Exhibit C - Def.'s Apr. 30 Letter) (Gott, Angela)
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Order [non-document] entered by Judge Pamela A. Barker on 7/1/19. All deadlines and hearings set by the previous District Judge are terminated and will be reset forthwith. (D,MA)
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Case reassigned to Judge Pamela A. Barker pursuant to General Order 2019-13. (T,Je)
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Filing 11
Declaration of Richard S. Mandel filed by Promotion In Motion, Inc. Related document(s) #9 . (Attachments: #1 Exhibit A: Letter, #2 Exhibit B: Letter, #3 Exhibit C: Letter, #4 Exhibit D: Email, #5 Exhibit E: Email, #6 Exhibit F: Letter, #7 Exhibit G: Complaint)(Ungar, Michael)
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Filing 10
Declaration of Michael G. Rosenberg filed by Promotion In Motion, Inc. Related document(s) #9 . (Ungar, Michael)
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Filing 9
Motion to Dismiss, with Memorandum in Support, filed by Defendant Promotion In Motion, Inc. Related document(s) #1 . (Ungar, Michael)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Richard S. Mandel for Promotion In Motion, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. 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 #7 ) Judge John R. Adams on 06/17/2019.(M,TL)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jonathan Z. King for Promotion In Motion, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. 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 #8 ) Judge John R. Adams on 06/17/2019.(M,TL)
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Copy of Notice of Electronic Filing re motion to appear pro hac vice mailed to Jonathan Z. King, Cowan, Leibowitz & Latman, 21st Floor, 114 West 47th Street, New York, NY 10036-1525 on 06/17/2019. (M,TL)
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Copy of Notice of Electronic Filing of Order granting pro hac vice motion mailed to Richard S. Mandel, Cowan, Leibowitz & Latman, 21st Floor, 114 West 47th Street, New York, NY 10036-1525 on 06/17/2019. (M,TL)
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Filing 8
Motion for attorney Jonathan Z. King to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9366349, filed by Defendant Promotion In Motion, Inc. (Attachments: #1 Affidavit of Jonathan Z. King, #2 Proposed Order)(Schwallie, Halden)
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Filing 7
Motion for attorney Richard S. Mandel to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9366347, filed by Defendant Promotion In Motion, Inc. (Attachments: #1 Affidavit of Richard S. Mandel, #2 Proposed Order)(Schwallie, Halden)
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Filing 6
Corporate Disclosure Statement filed by Promotion In Motion, Inc.. (Schwallie, Halden)
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Filing 5
Attorney Appearance by Michael N. Ungar and Halden R. Schwallie filed by on behalf of Promotion In Motion, Inc. (Schwallie, Halden)
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Filing 4
Return of Service by personal service executed upon Promotion In Motion, Inc. on 5/30/2019, filed on behalf of J. M. Smucker Company (Gott, Angela)
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| Filing 3 Original Summons and Magistrate Consent Form issued for service upon Promotion In Motion, Inc. (Attachments: #1 Magistrate Consent Form) (M,TL) |
| Filing 2 Corporate Disclosure Statement filed by J. M. Smucker Company. (Gott, Angela) |
| Filing 1 Complaint with jury demand against Promotion In Motion, Inc. Filing fee paid $ 400, receipt number 0647-9314659, filed by J. M. Smucker Company. (Attachments: #1 Exhibit A - Defendant's April 2, 2019 Letter, #2 Exhibit B - Smucker's April 19, 2019 Letter, #3 Exhibit C - Defendant's April 30, 2019 Letter, #4 Civil Cover Sheet, #5 Summons) (Gott, Angela) |
| Random Assignment of Magistrate Judge Kathleen B. Burke pursuant to Local Rule 3.1. Recused pursuant to General Order 2009-3. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (M,TL) |
| Judge John R. Adams assigned to case. (M,TL) |
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