Allure Jewelers, Inc. v. Ulu et al
| Allure Jewelers, Inc. |
| Quality Gold, Inc., Peer 1 Hosting, Goldia.com, ServerBeach, Inc., eBay, Inc., Amazon, Inc., Mustafa Ulu, PayPal, Inc. and GoDaddy.com |
| 1:2012cv00091 |
| January 31, 2012 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| XX US, Outside State |
| Michael R Barrett |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 20, 2013. A more recent docket listing may be available from PACER.
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Filing 74
FINAL JUDGMENT AND ORDER; this is a final appealable order as to all issues contained therein. Signed by Judge Michael R. Barrett on 2/20/13. (ba1)
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| Filing 73 NOTICE by Plaintiff Allure Jewelers, Inc. of Dismissal Pursuant to Rule 41(a)(1) of Quality Gold, Inc. (Attachments: #1 Text of Proposed Order) (Langenbahn, Jay) |
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Filing 72
ORDER finding as moot #35 Motion to Strike ; finding as moot #39 Motion to Strike. Signed by Judge Michael R. Barrett on 2/6/13. (ba1)
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Filing 71
ORDER denying #56 Motion for Attorney Fees. Signed by Judge Michael R. Barrett on 2/6/13. (ba1)
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Filing 70
ORDER granting #63 Motion to Withdraw #34 Proposed Pretrial Order. Signed by Judge Michael R. Barrett on 12/19/12. (ba1)
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| Filing 69 NOTICE by Plaintiff Allure Jewelers, Inc. of dismissal pursuant to Rule 41(a)(1) of Defendant eBay, Inc. (Langenbahn, Jay) |
| Filing 68 STATUS REPORT Joint Letter to Judge by Defendant Goldia and by Plaintiff Allure Jewelers, Inc.. (Langenbahn, Jay) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 12/19/2012; Jay Langenbahn and Ed Roberts appeared for Plaintiff; Stephen Schuh appeared for Quality Gold; and Jamie Ramsey and Neil Zepkin appeared for Goldia.com; plaintiff shall file their notice of dismissal; the Court will enter the final judgment order following. (ba1) |
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Filing 67
ORDER granting #66 Motion for Extension of Time to Answer re #31 Amended Complaint eBay, Inc. answer due 12/28/2012.. Signed by Judge Michael R. Barrett on 12/12/12. (ba1)
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| NOTICE of Hearing: Please be aware that a Status Conference is set for 12/19/2012 at 09:30 AM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 9:30 am. (ba1) |
| Filing 66 Unopposed MOTION for Extension of Time to File Answer New date requested 12/28/2012. by Defendant eBay, Inc.. (Brink, Michael) |
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Filing 65
ORDER granting #62 Motion for Extension of Time to Answer re #31 Third Amended Complaint eBay, Inc; answer due 12/7/2012. Signed by Judge Michael R. Barrett on 11/30/12. (ba1)
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| Filing 64 REPLY to Response to Motion re #56 MOTION for Attorney Fees and Memorandum in Support Of its Motion for Recovery of Counsel Fees filed by Defendant Goldia.com. (Zipkin, Neil) |
| Filing 63 Joint MOTION to Withdraw #34 Proposed Pretrial Order by Plaintiff Allure and (Langenbahn, Jay) and by Defendant Quality Gold, Inc.. (Schuh, Stephen) |
| Filing 62 Unopposed MOTION for Extension of Time to File Answer New date requested 12/7/2012. by Defendant eBay, Inc.. (Brink, Michael) |
| Filing 61 RESPONSE to Motion re #56 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiff Allure Jewelers, Inc.. (Langenbahn, Jay) |
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Filing 60
ORDER granting #59 Motion for Extension of Time to Answer re #31 Amended Complaint eBay, Inc; answer due 11/16/2012. Signed by Judge Michael R. Barrett on 10/29/12. (ba1)
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| Filing 59 Unopposed MOTION for Extension of Time to File Answer New date requested 11/16/2012. by Defendant eBay, Inc.. (Brink, Michael) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/18/2012; Jay Landenbahn and Jim O'Connell appeared for Plaintiff; Stephen Schuh appeared for Defendant Quality Gold; Michael Brink appeared for Defendant eBay, Inc.; and Neal Zipkin and Jamie Ramsey appeared for Defendant Goldia.com; final appealable order discussed; a status conference will be scheduled after the ruling of pending motions. (ba1) |
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Filing 58
ORDER granting #57 Motion for Extension of Time to Answer re #31 Amended Complaint eBay, Inc; answer due 10/26/2012. Signed by Judge Michael R. Barrett on 10/11/12. (ba1)
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| NOTICE of Hearing: Please be aware that a Status Conference is set for 10/18/2012 at 10:30 AM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 10:30 am. (ba1) |
| Filing 57 Unopposed MOTION for Extension of Time to File Answer New date requested 10/26/2012. by Defendant eBay, Inc.. (Brink, Michael) |
| Filing 56 MOTION for Attorney Fees and Memorandum in Support by Defendant Goldia.com. (Attachments: #1 Declaration of Neil Zipkin, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 ACS Appellate Decision, #6 LexisNexis Case Dubuc v. Green Oak Township) (Zipkin, Neil) |
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Filing 55
ORDER granting #33 Motion to Dismiss for Failure to State a Claim; denied as moot #2 Motion for Preliminary Injunction. Signed by Judge Michael R. Barrett on 9/20/12. (ba1)
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Filing 54
ORDER granting #52 and #53 Motions for Extension of Time to Answer re #31 Third Amended Complaint as to eBay, Inc; answer due 10/5/2012. Signed by Judge Michael R. Barrett on 9/20/12. (ba1)
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| Filing 53 Unopposed MOTION for Extension of Time to File Answer New date requested 10/5/2012. by Defendant eBay, Inc.. (Brink, Michael) |
| Filing 52 Unopposed MOTION for Extension of Time to File Answer New date requested 9/14/2012. by Defendant eBay, Inc.. (Brink, Michael) |
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Filing 51
ORDER granting #49 & #50 Motions for Extension of Time to Answer re #31 Third Amended Complaint; eBay, Inc. answer due 8/24/2012. Signed by Judge Michael R. Barrett on 8/8/12. (ba1)
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| Filing 50 Unopposed MOTION for Extension of Time to File Answer New date requested 8/24/2012. by Defendant eBay, Inc.. (Brink, Michael) |
| Filing 49 Unopposed MOTION for Extension of Time to File Answer New date requested 8/3/2012. by Defendant eBay, Inc.. (Brink, Michael) |
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Filing 48
ORDER granting #47 Motion for Extension of Time to Answer re #31 Third Amended Complaint; eBay, Inc. answer due 7/13/2012. Signed by Judge Michael R. Barrett on 7/6/12. (ba1)
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| Filing 47 Unopposed MOTION for Extension of Time to File Answer New date requested 7/13/2012. by Defendant eBay, Inc.. (Brink, Michael) |
| Filing 46 REPLY to Response to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Goldia.com. (Zipkin, Neil) |
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Filing 45
ORDER granting #42 Motion for Extension of Time to Answer re #31 Third Amended Complaint as to eBay, Inc; answer due 6/22/2012. Signed by Judge Michael R. Barrett on 6/8/12. (ba1)
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| Filing 44 REPLY to Response to Motion re #35 MOTION to Strike #34 Proposed Pretrial Order filed by Defendant Goldia.com. (Attachments: #1 Exhibit A) (Zipkin, Neil) |
| Filing 43 RESPONSE in Opposition re #35 MOTION to Strike #34 Proposed Pretrial Order filed by Defendant Quality Gold, Inc.. (Schuh, Stephen) |
| Filing 42 Unopposed MOTION for Extension of Time to File Answer New date requested 6/22/2012. by Defendant eBay, Inc.. (Brink, Michael) |
| Filing 41 RESPONSE in Opposition re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Allure Jewelers, Inc.. (Langenbahn, Jay) |
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Filing 40
ORDER granting #36 Motion for Extension of Time to Answer re #31 Amended Complaint eBay, Inc. answer due 6/1/2012. Signed by Judge Michael R. Barrett on 5/17/12. (ba1)
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| Filing 39 MOTION to Strike #35 MOTION to Strike #34 Proposed Pretrial Order by Plaintiff Allure Jewelers, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Langenbahn, Jay) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/17/2012 re #35 Motion to Strike; Jay Langenbahn and ed Roberts appeared for Plaintiff; Neil Zipkin appeared for Defendant Goldia; Stephen Schuh appeared for Defendant Quality Gold; and Michael Brink and Brynly Llyr appeared for Defendant E-Bay; Defendant Quality Gold to file a response to the motion in 10 days; Defendant Goldia will reply 5 days later; case to proceed with rulings; a hearing will be scheduled if necessary. (ba1) |
| Filing 38 REPLY to Response to Motion re #35 MOTION to Strike #34 Proposed Pretrial Order filed by Defendant Goldia.com. (Zipkin, Neil) |
| Filing 37 RESPONSE in Opposition re #35 MOTION to Strike #34 Proposed Pretrial Order and Plaintiff's Motion to Strike filed by Plaintiff Allure Jewelers, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Langenbahn, Jay) |
| Filing 36 Unopposed MOTION for Extension of Time to File Answer re #31 Amended Complaint New date requested 6/1/2012. by Defendant eBay, Inc.. (Brink, Michael) |
| NOTICE of Status Conference on Motion re #35 MOTION to Strike and #34 Proposed Pretrial Order ; Please be aware that a Status Conference is set for 5/17/2012 at 10:00 AM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 10:00 am. (ba1) |
| Filing 35 MOTION to Strike #34 Proposed Pretrial Order by Defendant Goldia.com. (Ramsey, Jamie) |
| Filing 34 Proposed Pretrial Order Agreed Order Between Allure Jewelers, Inc. and Quality Gold, Inc. by Plaintiff Allure Jewelers, Inc.. (Langenbahn, Jay) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Goldia.com. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ramsey, Jamie) |
| Filing 32 STIPULATION Extension of Time to Move or Plead by Defendant eBay, Inc.. (Brink, Michael) |
| Filing 31 AMENDED COMPLAINT Third against All Defendants, filed by Allure Jewelers, Inc.. (Langenbahn, Jay) |
| Minute Order. Proceedings held before Judge Michael R. Barrett: Motion Hearing held on 4/4/2012; Jay Langenbahn and Ed Roberts appeared for Plaintiff; Jamie Ramsey and Neil Zipkin appeared for Defendant Goldia.com; Stephen Schuh appeared for Defendant Quality Gold; and Michael Brink appeared for Defendant Ebay; the Court orally finds as moot #27 Motion to Dismiss for Failure to State a Claim; #29 Motion for Extension of Time to Answer; and orally grants #30 Motion for Leave to File Amended Complaint; Plaintiff shall file its amended complaint electronically within 3 days; parties agreed to file any necessary responses pursuant to the Federal Rules; a oral argument by telephone will be scheduled after any motions to dismiss are fully briefed; notice to follow to that regard. (Court Reporter Julie Wolfer, Official.) (ba1) |
| NOTICE of Hearing on Motion re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Please be aware that the Motion Hearing set for 4/2/12 is RESET to 4/4/2012 at 03:30 PM and will remain set by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 3:30 pm. (ba1) |
| Filing 30 MOTION for Leave to File Third Amended Complaint by Plaintiff Allure Jewelers, Inc.. (Attachments: #1 Exhibit) (Langenbahn, Jay) |
| Filing 29 Unopposed MOTION for Extension of Time to File Answer New date requested 4/19/2012. by Defendant eBay, Inc.. (Brink, Michael) |
| Filing 28 NOTICE by Defendant Goldia.com re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ramsey, Jamie) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Goldia.com. (Ramsey, Jamie) |
| Set/Reset Deadlines per #26 stipulation: eBay, Inc. answer due 3/29/2012. (lk) |
| Filing 26 STIPULATION Extension of Time to Move or Plead by Plaintiff Allure Jewelers, Inc and Defendant eBay, Inc.. (Brink, Michael) Modified on 3/8/2012 (lk). |
| Filing 25 NOTICE of Appearance by Stephen Joseph Schuh for Defendant Quality Gold, Inc. (Schuh, Stephen) |
| Filing 24 ALIAS Summons Issued as to Goldia.com. (jlw) |
| Filing 23 Summons Issued as to Goldia.com. (jlw) |
| Filing 22 AMENDED COMPLAINT Second Amended Complaint With Jury Demand Endorsed Thereon against Goldia.com, Quality Gold, Inc., Mustafa Ulu, eBay, Inc., filed by Allure Jewelers, Inc.. (Langenbahn, Jay) |
| Filing 21 NOTICE of Appearance by Michael C Brink for Defendant eBay, Inc. (Brink, Michael) |
| Minute Order for proceedings held before Judge Michael R. Barrett; Status Conference held on 2/21/2012: Jay Langenbahn and Ed Robert appeared for Plaintiff; Jamie Ramsey and Neil Zipkin appeared for Defendant Goldia.com and Mustafa Ulu; Steve Shuh appeared for Defendant Quality Gold; Mike Brink and Brynly Llyr appeared for Defendants eBay and PayPal; and Scott McIntyre appeared for Defendant Amazon; Oral order granting #18 Motion for Leave to File Amended Complaint; Plaintiff permitted to correct the version attached to his motion and file within 10 days; orally granting #16 Motion for Leave to Appear Pro Hac Vice of Neil M. Zipkin for Defendant Goldia.com; parties to agree they can be ready in 45 days for a motion hearing (on a motion yet to be filed) and it will be set for 4/2/2012 at 02:30 PM and will be conducted by telephone; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 2:30 pm; Modified on 2/22/2012 (ba1) to edit text and regenerate NEF. |
| Filing fee: $ 200.00, receipt number 100CIN014351 re #16 Motion for Leave to Appear Pro Hac Vice of neil M. Zipkin. (eh) |
| Filing 20 NOTICE by Plaintiff Allure Jewelers, Inc. of Dismissal Without Prejudice Pursuant to Rule 41(a)(1) of Defendants, Amazon, Inc., Go Daddy.Com, Pay Pal, Inc., Server Beach, Inc. and Peer 1 Hosting (Langenbahn, Jay) |
| Filing 19 **FORMERLY DN 19** MOTION for Order to Granting Plaintiff's Motion for Leave to File Second Amended Complaint by Plaintiff Allure Jewelers, Inc.. (Langenbahn, Jay) Modified on 2/21/2012 - This document requires the signature of the Court. Pursuant to current CM/ECF policies and procedures, all proposed Orders should be submitted to judge's chambers via e-mail. The document has been saved to file and emailed to Chambers, but deleted from the docket until such time as a signature of the Court is obtained. NEF Regenerated for counsel. NO ACTION REQUIRED (tt). |
| Filing 18 MOTION for Leave to File Second Amended Complaint by Plaintiff Allure Jewelers, Inc.. (Attachments: #1 Second Amended Complaint) (Langenbahn, Jay) |
| Filing 17 NOTICE of Appearance by M Scott McIntyre for Defendant Amazon, Inc. (McIntyre, M) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice of Neil M. Zipkin (Filing fee $ 200) by Defendant Goldia.com. (Attachments: #1 Exhibit A) (Ramsey, Jamie) (Additional attachment(s) added on 2/17/2012: #2 Filing Fee Receipt) (eh). |
| Filing 15 NOTICE of Appearance by Jamie M Ramsey for Defendant Goldia.com (Ramsey, Jamie) |
| NOTICE of Hearing: Please take notice that the Preliminary Injunction Hearing previously set for 2/21/2012 at 10:30 AM is being CONVERTED to a telephone status conference; the parties shall initiate contact with the court by calling 513-564-7660 five minutes prior to 10:30 am. (jlw) |
| Filing 14 AMENDED COMPLAINT With Jury Demand against All Defendants, filed by Allure Jewelers, Inc.. (Langenbahn, Jay) |
| Filing 13 SUMMONS Returned Executed as to Defendant eBay, Inc. Green card returned signed for eBay Inc. (jlw) |
| Filing 12 SUMMONS Returned Executed as to Defendants GoDaddy.com, PayPal, Inc., ServerBeach, Inc.. GoDaddy.com served on 2/3/2012, answer due 2/24/2012; ServerBeach, Inc. served on 2/3/2012, answer due 2/24/2012. (jlw) |
| Filing 11 SUMMONS Returned Executed as to Defendant Amazon, Inc.. Amazon, Inc. served on 2/2/2012, answer due 2/23/2012. (jlw) |
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Filing 10
ORDER denying #2 Motion for TRO. Signed by Judge Michael R. Barrett on 2/3/2012. (jlw)
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| Filing 9 SUMMONS Returned Executed as to Defendants PayPal, Inc., Quality Gold, Inc., eBay, Inc.. PayPal, Inc. served on 2/2/2012, answer due 2/23/2012; eBay, Inc. served on 2/2/2012, answer due 2/23/2012. (jlw) |
| Notice of Correction re: 5 Proposed Pretrial Order, 6 Amended Document. All proposed orders requiring the signature of the Judge are to be emailed directly to chambers and not filed on the docket. These entries have been emailed by the clerk's office and will be redocketed when signed. (jlw) |
| Filing 8 CERTIFICATE of Clerk: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (lk) |
| Filing 7 SUMMONS Returned Executed as to Defendant Quality Gold, Inc.. Quality Gold, Inc. served on 2/1/2012, answer due 2/22/2012. (jlw) |
| Filing 6 [FORMER DOCUMENT 6] AMENDED DOCUMENT by Plaintiff Allure Jewelers, Inc.. Amendment to 5 Proposed Pretrial Order adding Judge's name.. (Langenbahn, Jay) Modified to remove PDF on 2/3/2012 (jlw). |
| Filing 5 [FORMER DOCUMENT 5]Proposed Pretrial Order Granting Temporary Restraining Order by Plaintiff Allure Jewelers, Inc.. (Langenbahn, Jay) Modified to remove PDF on 2/3/2012 (jlw). |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 2/2/2012 re #2 MOTION for Temporary Restraining Order filed by Allure Jewelers, Inc.; Ed Robert and Jay Langenbahn appeared for Plaintiff; Ira Silfin and Chester Rothstein appeared for Defendant Mustafa Ulu and Goldia.com; Steve Shuh appeared for Quality Gold; Mike Brink and Brynly Llyr (in house counsel for EBay) appeared for Defendant EBay, Inc. and PayPal, Inc.; Scott McIntyre and Kevin Kirsch appeared for Defendant Amazon, Inc.; arguments were heard; ruling forthcoming; a Hearing as to #2 MOTION for Preliminary Injunction is set for 2/21/2012 at 10:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett; counsel shall exchange presentation information by 2/14/12 and file simultaneous briefs by 2/17/12; counsel for Defendant Ulu/Goldia.com shall effect pro hac vice representation. (Court Reporter Maryann Maffia, Official.) (ba1) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 2/1/2012; Jay Langenbahn and Ed Roberts appeared for Plaintiff; Michael Brink appeared with Brynly Llyr for Defendants PayPal, Inc. and eBay, Inc.; Steve Shuh appeared for Defendant Quality Gold, Inc.; a formal hearing is set re #2 MOTION for Temporary Restraining Order for 2/2/2012 at 01:00 PM and will be conducted by teleconference before Judge Michael R. Barrett; the Plaintiff's Counsel is responsible for notifying opposing parties/counsel of the aforementioned hearing date and time and call in procedures; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 1:00 pm. (ba1) |
| Filing 4 CERTIFICATE of Clerk: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (lk) |
| Filing 3 Summons Issued as to Amazon, Inc., GoDaddy.com, Goldia.com, PayPal, Inc., Peer 1 Hosting, Quality Gold, Inc., ServerBeach, Inc., Mustafa Ulu, eBay, Inc.. (lk) |
| Filing 2 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Plaintiff Allure Jewelers, Inc. (Attachments: #1 Text of Proposed Order) (jlw) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants, filed by Allure Jewelers, Inc. (Attachments: #1 Civil Cover Sheet, #2 Affidavit of Barry Anderson, #3 Filing Fee Receipt) (jlw) |
| NOTICE of Local Rule 65.1 Status Conference on Motion re #2 MOTION for Temporary Restraining Order; a Status Conference is set for 2/1/2012 at 01:30 PM and will be conducted by teleconference before Judge Michael R. Barrett; Counsel for Plaintiff is responsible for notifying opposing parties as to the time and date of this setting including that parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 1:30 pm. (ba1) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jlw) |
| Filing fee: $ 350.00, receipt number 100CIN014169 (jlw) |
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