Ancestry.com Operations Inc. et al v. DNA Diagnostic Center, Inc.
Plaintiff: Ancestry.com Operations Inc. and Ancestry.com DNA, LLC
Defendant: DNA Diagnostic Center, Inc.
Case Number: 1:2015cv00737
Filed: November 16, 2015
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: XX US, Outside State
Presiding Judge: Stephanie K Bowman
Referring Judge: Susan J Dlott
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 22, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 22, 2017 Opinion or Order Filing 101 ORDER of USCA as to #61 Notice of Appeal dismissing the case. Note: No Mandate to issue. (sct)
June 22, 2017 Opinion or Order Filing 100 ORDER DISMISSING CASE. All claims and counterclaims are dismissed with prejudice; Each party shall be responsible for its own costs, expenses and attorneys' fees subject to the parties' terms of settlement. Signed by Judge Susan J. Dlott. (wam)
June 21, 2017 Opinion or Order Filing 99 STIPULATION of Dismissal by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. (Attachments: #1 Text of Proposed Order) (Arena, Alexis)
May 24, 2017 Opinion or Order Filing 98 ORDER - The Court has been advised that the parties have reached a tentative settlement in this matter. At the request counsel, the Court hereby STAYS all current pretrial deadlines, to include briefing on Plaintiff's motion for leave to file motion to amend pleadings under seal #97 . Not later than 6/30/2017, the parties shall file either a stipulation of dismissal with prejudice or advise the Court, in writing, of the current status of finalizing the terms of the settlement. Signed by Magistrate Judge Stephanie K. Bowman on 5/24/2017. (km)
May 16, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: Plaintiff's Motion for Leave to File Document Under Seal held on 5/16/2017. Attorney Alexis Arena appeared on behalf of Plaintiffs. Attorney Matthew Cavanaugh appeared on behalf of Defendant. Defendant's response to motion due 5/24/2017. (km)
May 11, 2017 Opinion or Order Filing 97 MOTION to File Document Under Seal by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. (Attachments: #1 Text of Proposed Order) (Arena, Alexis)
May 11, 2017 Opinion or Order Set/Reset Cincinnati PPTO Deadlines: Joint Rebuttal Expert Reports due by 5/26/2017. Expert Discovery Deadline set for 6/26/2017. Dispositive Motion Deadline set for 7/10/2017. (km)
May 11, 2017 Opinion or Order NOTATION ORDER granting #96 Joint Motion for Extension of Expert Discovery and Dispositive Motion Deadlines. The pretrial deadlines, as established by this Court's Order of 1/13/2017 #84 are hereby extended as follows: (1) Joint Rebuttal Expert Reports due by 5/26/2017; (2) Expert Discovery Deadline set for 6/26/2017; Dispositive Motion Deadline set for 7/10/2017. Signed by Magistrate Judge Stephanie K. Bowman on 5/11/2017. (km)
May 10, 2017 Opinion or Order Filing 96 Joint MOTION for Extension of Time New date requested 7/10/2017. Requesting Extension of Time for Expert Discovery and Dispositive Motion Deadlines by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. (Arena, Alexis)
April 5, 2017 Opinion or Order Filing 95 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Settlement Conference held in chambers on 4/5/2017. Counsel and parties for plaintiffs and defendants present. Parties did not settle the matter this date, but they will continue negotiations on their own. Parties were directed to report back to the Court in (2) weeks to report their progress toward settlement. (Court Reporter: None present) (art)
April 5, 2017 Opinion or Order Set/Reset Deadlines: Parties were directed to report back to the Court (MJ Litkovitz) on the Status of ongoing settlement negotiations by 4/19/2017. (art)
March 22, 2017 Opinion or Order Filing 94 ORDER re: In Camera review of all pre-settlement communications with Groupon and LivingSocial that Ancestry believes to be privileged, pursuant to the 2/24/2017 informal discovery dispute conference. As a result of its in camera review, the Court concludes that, for purposes of Defendant's discovery request, the emails identified as Memo Nos. 3, 4, 5, 6, 7, 8, 34, 35, 49, 50, 51, 52, 53, 54, 55, 122, 126 and 127 are not privileged and should be produced to Defendant. Prior to the production of the non-privileged emails, Ancestry may file objections, under seal, within three days of the date of this Order. If no objections are filed, Ancestry must produce the documents within seven days of this Order. Signed by Magistrate Judge Stephanie K. Bowman on 3/22/2017. (km)
February 28, 2017 Opinion or Order Filing 93 REVISED Order Setting Mediation Conference currently set for Wed., 4/5/2017 at 9:00 am. In preparation for the mediation, the parties are Ordered to follow the deadlines set forth in the Court Order #90 of 2/22/2017. (art)
February 27, 2017 Opinion or Order Filing 92 Order Setting Mediation Conference continuation: Settlement Conference set for Wed., 4/5/2017 at 9:00 am in Chambers Room 716 before MJ Karen L. Litkovitz. ( COUNSEL SHALL SUBMIT CONFIDENTIAL SETTLEMENT POSITION STATEMENTS TO THE COURT BY NOT LATER THAN NOON ON 3/31/2017. ). (art)
February 24, 2017 Opinion or Order Filing 91 ORDER - pursuant to the informal discovery conference held 2/24/2017, the Court issues the following Order: (1) Financial Records - Ancestry.com shall produce complete responses to DDC's discovery requests related to Ancestry's financial records no later than 3/1/2017; (2) Ancestry.com's Document Request 34 and Interrogatory No. 15 - DDC shall provide Ancestry.com with amended responses to the above-referenced requests as outlined during the phone conference; (3) Ancestry.com's Pre-settlement Discussions with Groupon and LivingSocial - Ancestry.com shall produce all pre-settlement communications with Groupon and LivingSocial it believes to be privileged to the Court to be reviewed in camera, within 14 days, if possible given other discovery obligations. Any additional non-privileged pre-settlement communications shall be produced to DDC. Signed by Magistrate Judge Stephanie K. Bowman on 2/24/2017. (km)
February 24, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: Discovery Issues held on 2/24/2017. Attorneys Alexis Arena and Eric Clendening appeared on behalf of Plaintiffs. Attorneys Matthew Cavanaugh, David Cupar and Christopher Dean appeared on behalf of Defendant. Written Order to follow. (km)
February 22, 2017 Opinion or Order Filing 90 ORDER following telephone conference this date re Settlement Conference. Parties are directed to contact the Court to arrange a date for a follow-up mediation to be scheduled the week of April 3 or the week of April 10, 2017. Parties are also directed to email the Court copies of the documents listed in this order along with a confidential settlement range by 3/15/2017. No later than one week prior to the follow-up mediation date, each party must submit to the Court a confidential letter/brief of ten pages or less (excluding exhibits) in accordance with the Court's previous #86 Order of 1/20/2017. Signed by Magistrate Judge Karen L. Litkovitz on 2/22/2017. (art)
February 22, 2017 Opinion or Order Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for continued discussions regarding Settlement held via telephone on 2/22/2017. Counsel for plaintiffs and defendant present. Matters were discussed. (Court Reporter: None present) (art)
February 16, 2017 Opinion or Order Filing 88 ORDER re in camera documents submitted by DNA Diagnostics Center pursuant to the 1/10/2017 informal discovery dispute conference. The Court concludes that, for purposes of Plaintiff's discovery request, the correspondence sought by Plaintiff is protected from disclosure on the basis of attorney-client privilege/common interest privilege and work-product doctrine as asserted by Defendants. Signed by Magistrate Judge Stephanie K. Bowman on 2/16/2017. (km)
February 2, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: discovery issue during deposition of David Silver held on 2/2/2017. Attorney Jordan Lavine appeared on behalf of Plaintiffs. Attorney David Cupar appeared on behalf of Defendant. Parties reminded to keep objections to form only. No speaking objections. Parties are also reminde to keep questions on task and not mischaracterize answers given. (km)
January 26, 2017 Opinion or Order Filing 87 Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Settlement Conference held in chambers on 1/26/2017. Counsel and parties for plaintiffs and defendant present. Matter was not settled on this date. Parties are at an impasse. However, this Court informed parties that it is willing to engage the parties for further on-going settlement negotiations whenever the parties desire to do so. (Court Reporter: None present) (art)
January 20, 2017 Opinion or Order Filing 86 Order Setting Mediation Conference: Settlement Conference/Mediation set for Thursday, 1/26/2017 at 11:00 AM in Chambers Room 716 before Magistrate Judge Karen L. Litkovitz. ( COUNSEL SHALL SUBMIT CONFIDENTIAL SETTLEMENT POSITION STATEMENTS TO THE COURT BY NOT LATER THAN NOON ON 1/24/2017. ). (art)
January 19, 2017 Opinion or Order Case is referred to Magistrate Judge Karen L. Litkovitz for settlement purposes only. (art)
January 18, 2017 Opinion or Order Filing 85 AMENDED ORDER amending Footnote 1 of #84 Order. Signed by Magistrate Judge Stephanie K. Bowman on 1/18/17. (sct)
January 10, 2017 Opinion or Order Filing 84 ORDER following 1/6/17 Informal Discovery Conference. The Calendar Order is revised as follows: Plaintiff Expert Reports due by 3/1/2017; Defendants Disclosure of Experts due by 3/13/17; Defendant's Expert Reports due by 4/21/2017; Joint Disclosure of Rebuttal Experts due by 4/28/2017; Joint Rebuttal Expert Reports due by 5/12/2017; Expert Discovery due by 5/26/2017; Fact Discovery due by 2/17/2017; Dispositive Motions due by 6/9/2017. Signed by Magistrate Judge Stephanie K. Bowman on 1/10/17. (sct)
January 9, 2017 Opinion or Order Filing 83 ORDER REFERRING CASE to Magistrate Judge Stephanie K. Bowman. The Magistrate Judge is empowered to deal with all pretrial and post-judgment motions and procedures, whether dispositive or not, and to render a report and recommendation to the Court on any matters classified as dispositive by statute. No transcript need be prepared on non- dispositive matters. Signed by Judge Susan J. Dlott on 1/9/2017. (jlw) Modified docket text on 1/10/2017 (sct).
January 6, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 1/6/2017 regarding discovery disputes. Order to follow. (Court Reporter: Julie Wolfer-Official) (sct)
January 3, 2017 Opinion or Order Filing 81 ORDER: Case reassigned to Judge Susan J. Dlott for all further proceedings. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 3, 2017 Opinion or Order Filing 80 ORDER REASSIGNING CASE. Case reassigned to Judge Unassigned for all further proceedings. Judge Sandra S Beckwith no longer assigned to case. Signed by Judge Sandra S. Beckwith on 1/3/17. (mb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 16, 2016 Opinion or Order Filing 79 CERTIFICATE OF SERVICE by Defendant DNA Diagnostic Center, Inc. re #78 Notice of Appearance (Dean, Christopher)
November 16, 2016 Opinion or Order Notice by Clerk re #78 NOTICE of Appearance: document filed without a certificate of service as required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing, use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process and link the event to doc. #78 when prompted. (eh)
November 15, 2016 Opinion or Order Filing 78 NOTICE of Appearance by Christopher G. Dean for Defendant DNA Diagnostic Center, Inc. (Dean, Christopher)
November 1, 2016 Opinion or Order Set/Reset Cincinnati PPTO Deadlines: Deadline to File Motions to Amend Pleadings and/or to Add Parties set for 11/8/2016. (km)
November 1, 2016 Opinion or Order NOTATION ORDER granting #77 Plaintiffs' Motion to Extend Deadline to File Motions to Amend the Pleadings and/or Add Parties Until 11/8/2016. Signed by Magistrate Judge Stephanie K. Bowman on 11/1/2016. (km)
October 31, 2016 Opinion or Order Filing 77 MOTION for Extension of Time New date requested 11/8/2016. Requesting One Week Extension To File a Motion to Amend the Pleadings and/or Add Parties by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 11/25/2016 (Arena, Alexis)
October 28, 2016 Opinion or Order Filing 76 NOTICE by Defendant DNA Diagnostic Center, Inc. NOTICE OF WITHDRAWAL OF MAXWELL GOSS AS COUNSEL FOR DNA DIAGNOSTICS CENTER, INC. (Cupar, David)
October 24, 2016 Opinion or Order Set/Reset Cincinnati PPTO Deadlines: Plaintiffs' Disclosure of Experts: 12/12/2016; Plaintiffs' Production of Expert Reports: 2/1/2017; Defendant's Disclosure of Experts: 2/12/2017; Defendant's Production of Expert Reports: 3/22/2017. Plaintiffs' Disclosure of Rebuttal Experts: 3/13/2017; Plaintiffs' Production of Rebuttal Expert Reports: 4/10/2017; Expert Discovery deadline: 5/3/2017; Fact Discovery deadline: 2/13/2017; Dispositive Motion deadline: 6/2/2017. (km)
October 24, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Follow-up Telephone Discovery Conference re: deadlines and Attorney Eyes Only issues held on 10/24/2016. Attorney Alexis Arena appeared on behalf of Plaintiffs. Attorney Matthew Cavanaugh appeared on behalf of Defendant. Revised calendar as follows: Plaintiffs' Disclosure of Experts: 12/12/2016; Plaintiffs' Expert Reports: 2/1/2017; Defendant's Disclosure of Experts: 2/12/2017; Defendants' Expert Reports: 3/22/2017. Plaintiffs' Disclosure of Rebuttal Experts: 3/13/2017; Plaintiffs' Rebuttal Expert Reports: 4/10/2017; Expert Discovery deadline: 5/3/2017; Fact Discovery deadline: 2/13/2017; Dispositive Motion deadline: 6/2/2017. Defendant agreed to change Attorney Eyes Only designation to confidential for one sentence on page DDC 68624 and one sentence on 68698. (km)
October 11, 2016 Opinion or Order NOTICE OF HEARING: VACATING the Telephonic Discovery Conference set for 10/12/2016 10:30 AM before Magistrate Judge Stephanie K. Bowman, at the request of counsel. (km)
October 7, 2016 Opinion or Order Filing 75 NOTICE: Telephonic Discovery Conference set for 10/12/2016 10:30 AM before Magistrate Judge Stephanie K. Bowman. Counsel may submit to the Court a brief summary of the discovery issue (no more than 2 pages) and email it to bowman_chambers@ohsd.uscourts.gov and copy opposing counsel no later than 5:00 PM the day prior to the conference. Counsel shall call 1-888-363-4749 to participate in the telephone conference with Magistrate Judge Stephanie K. Bowman. The conference access code is 8651321 and the security code is 2010. NOTE: You will be required to use this information each time the Court conducts a telephone conference unless otherwise instructed. (km)
September 22, 2016 Opinion or Order Filing 74 ORDER granting #73 Plaintiffs' Motion for Leave for attorney Eric Clendening to Appear Pro Hac Vice as co-counsel. Signed by Judge Sandra S Beckwith on 9/22/16. (mb)
September 21, 2016 Opinion or Order Filing 73 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5664364) of Eric R. Clendening by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc., Counter Defendants Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 10/17/2016 (Attachments: #1 Text of Proposed Order) (Linden, Paul)
September 21, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 9/21/2016. Attorneys Alexis Arena and Jordan LaVine appeared on behalf of Plaintiffs. Attorney Matthew Cavanaugh appeared on behalf of Defendant. Discovery issues discussed. Further documents to be produced by 9/30/2016, with the exception of emails missing attachments. Those attachments may be served after 9/30/2016, but as soon as possible thereafter. Follow-up telephone conference scheduled for 10/24/2016 at 2:00 PM. Letters due to the Court by noon on 10/21/2016. Parties to meet and confer telephonically prior to 10/21/2016. (km)
September 21, 2016 Opinion or Order NOTICE: Follow-up Telephone Conference re: discovery issues set for 10/24/2016 02:00 PM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. Position/Status letters due to the Court no later than 10/24/2016 at Noon at bowman_chambers@ohsd.uscourts.gov. (km)
September 8, 2016 Opinion or Order NOTICE: Follow-up Telephone Conference re: discovery issues RESET for 9/21/2016 03:00 PM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. A short two page letter shall be submitted to the Court at bowman_chambers@ohsd.uscourts.gov, with a copy to opposing counsel, no later than 9/20/2016 at Noon. (km)
September 7, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: discovery issues held on 9/7/2016. Parties to further respond to opposing parties' deficiency letters. Follow-up telephone conference set for 9/19/2016 at 3:00 PM. A short two page letter to the Court with copy to opposing counsel due Friday, 9/16/2016 by Noon. (km)
September 7, 2016 Opinion or Order NOTICE: Follow-up Telephone Conference re: discovery issues set for 9/19/2016 03:00 PM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. A short two page letter shall be submitted to the Court at bowman_chambers@ohsd.uscourts.gov, with a copy to opposing counsel, no later than 9/16/2016 at Noon. (km)
August 31, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: Calendar dispute and third-party subpoena held on 8/31/2016. Attorneys Jordan LaVine and Alexis Arena appeared on behalf of Plaintiffs. Attorneys David Cupar and Matthew Cavanagh appeared on behalf of Defendants. Subpoena issue appears to be resolved. If not, a motion to compel will be filed in the proper jurisdiction. Plaintiff is hereby granted an extension of time to move to amend the Complaint and/or to add third parties until 11/1/2016. (km)
August 31, 2016 Opinion or Order Set/Reset Cincinnati PPTO Deadlines: Deadline to file motion to amend the pleadings and/or add parties set for 11/1/2016. (km)
August 29, 2016 Opinion or Order Filing 72 NOTICE: Informal Telephonic Discovery Conference set for 9/7/2016 02:30 PM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. Counsel may submit to the Court a brief summary of the discovery issue (no more than 2 pages) and email it to bowman_chambers@ohsd.uscourts.gov and copy opposing counsel no later than 5:00 p.m. the day prior to the conference. (km)
August 29, 2016 Opinion or Order Filing 71 NOTICE: Informal Telephonic Discovery Conference set for 8/31/2016 11:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. Counsel may submit to the Court a brief summary of the discovery issue (no more than 2 pages) and email it to bowman_chambers@ohsd.uscourts.gov and copy opposing counsel no later than 5:00 p.m. the day prior to the conference. (km)
August 12, 2016 Opinion or Order Filing 70 ANSWER to #46 Answer to Complaint, Counterclaim,, filed by Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. (Arena, Alexis)
July 26, 2016 Opinion or Order Filing 69 ORDER granting in part and denying in part #51 Motion to Dismiss for Failure to State a Claim. Ancestry's motion to dismiss is GRANTED IN PART AND DENIED IN PART. Ancestry's motion to dismiss is GRANTED as to Count V of DDCs counterclaim and the portions of Count VI and VIII that are based on Ancestry's litigation activities such as filing the lawsuit and complaining to Groupon about alleged infringement by DDC. Those claims are DISMISSED WITH PREJUDICE. Ancestry's motion to dismiss is DENIED as to that part of Count VI that covers other modes of unfair competition, and that part of Count VIII that is based on Ancestry's alleged disparaging comments about DDC. Signed by Judge Sandra S Beckwith on 7/26/16. (mb) Modified on 7/27/2016 (mb).
June 27, 2016 Opinion or Order Remark re #66 Notice of Disposal of Exhibits. The Court will retain these exhibits until such time as the appeal currently pending before the COFA Sixth Circuit is disposed of. A new notice of disposal will be sent at that time. Counsel is advised to comply with 6 Cir. R. 10(b)(1) regarding the submission of any paper exhibits which were admitted during the course of the evidentiary hearing on the motion for preliminary injunction. These exhibits are not automatically transmitted to COFA by the Clerk. (km)
June 23, 2016 Opinion or Order Filing 68 TRANSCRIPT OF PROCEEDINGS [Teleconference, re: Protective Order and 30(b)(6) witness] held on 1/13/2016, before Magistrate Judge Stephanie K. Bowman. Court Reporter/Transcriber Mary Ann Ranz, Official Court Reporter, Telephone number (513) 564-7626. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. (Ranz, Mary Ann)
June 9, 2016 Opinion or Order Filing 67 REPLY to Response to Motion re #51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts V, VI and VII of Defendant's Amended Counterclaims filed by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. (Arena, Alexis)
June 6, 2016 Opinion or Order Filing 66 NOTICE from Court re disposal of exhibit binders from the evidentiary hearing held 1/29/2016 on Plaintiffs' Motion for Preliminary Injunction. Pursuant to Local Rule 79.2, counsel should contact the chambers of Magistrate Judge Stephanie K Bowman to make arrangements to retrieve these items within 20 days of the date of this notice or they will be destroyed and/or disposed of as waste. (km)
May 16, 2016 Opinion or Order NOTATION ORDER granting #65 Plaintiffs' Motion for Extension of Time until 6/9/16 to file its response to the motion to dismiss. Signed by Judge Sandra S Beckwith on 5/16/16. (mb)
May 13, 2016 Opinion or Order Filing 65 Unopposed MOTION for Extension of Time to File Response/Reply as to #62 Response in Opposition to Motion, New date requested 6/9/2016. by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 6/3/2016 (Arena, Alexis)
May 13, 2016 Opinion or Order Filing 64 SCHEDULING ORDER: Fact discovery deadline: 12/12/16; Expert discovery deadline: 4/12/17; Motions deadline: 5/12/17; Final Pretrial Conference set for 11/13/2017 at 10:00 AM; Trial set for 12/4/2017 at 1:00 PM. Signed by Judge Sandra S Beckwith on 5/13/16. (mb)
May 12, 2016 Opinion or Order Filing 63 CALENDAR ORDER: Deadline to file motion to amend the pleadings and/or add parties set for 9/1/2016. Deadline to file motions relative to the pleadings set for 9/1/2016. Deadline for disclosure and report of plaintiff experts set for 12/12/2016. Deadline for disclosure and report of defendant experts set for 2/1/2017. Deadline for disclosure and report of rebuttal experts set for 3/13/2017. Deadline for disclosure of non-expert (fact) witnesses set for 10/3/2016. Fact Discovery deadline set for 12/12/2016. Expert Discovery deadline set for 4/12/2017. Deadline to file dispositive motions set for 5/12/2017. The final pretrial and trial dates will be set on the calendar of Judge Beckwith. Signed by Magistrate Judge Stephanie K. Bowman on 5/12/2016. (km)
May 12, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Scheduling Conference held on 5/12/2016. Attorneys Jordan LaVine, Alexis Arena and Paul Linden appeared on behalf of Plaintiffs; Attorneys David Cupar and Matthew Cavanaugh appeared for Defendant. Calendar Order to follow. (km)
May 9, 2016 Opinion or Order Filing 62 RESPONSE in Opposition re #51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts V, VI and VII of Defendant's Amended Counterclaims filed by Defendant DNA Diagnostic Center, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (Cupar, David)
May 5, 2016 Opinion or Order Filing 61 NOTICE OF APPEAL as to #60 Order on Report and Recommendations, Order on Motion for Leave to File, Order on Motion for Preliminary Injunction,,, by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Filing fee $ 505, receipt number 0648-5486987. (Attachments: #1 Certificate of Service) (Arena, Alexis)
April 25, 2016 Opinion or Order Filing 60 ORDER sustaining defendant's objections to the R&R; overruling plaintiff's objections to the R&R. The Report and Recommendation is not adopted; denying #55 Motion for Leave to File a sur-reply; denying #8 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Sandra S Beckwith on 4/25/16. (mb)
April 21, 2016 Opinion or Order NOTATION ORDER granting #59 Defendant's Motion for Extension of Time until 5/9/16 to file response to the motion to dismiss Counts V, VI, & VIII to the first amended counterclaims. Signed by Judge Sandra S Beckwith on 4/21/16. (mb)
April 20, 2016 Opinion or Order Filing 59 MOTION for Extension of Time New date requested 5/9/2016. by Defendant DNA Diagnostic Center, Inc.. Responses due by 5/16/2016 (Attachments: #1 Exhibit A, #2 Text of Proposed Order Proposed Order) (Cupar, David)
April 20, 2016 Opinion or Order Filing 58 NOTICE: Telephone Scheduling Conference set for 5/12/2016 10:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. (km)
April 20, 2016 Opinion or Order Filing 57 RULE 26(f) REPORT by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc., Defendant DNA Diagnostic Center, Inc. (Arena, Alexis) Modified to include defendant as filer on 4/21/2016 (eh).
April 15, 2016 Opinion or Order Filing 56 RESPONSE in Opposition re #55 MOTION for Leave to File Short Reply to Response to Objections filed by Defendant DNA Diagnostic Center, Inc.. (Cupar, David)
April 14, 2016 Opinion or Order Filing 55 MOTION for Leave to File Short Reply to Response to Objections by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 5/9/2016 (Attachments: #1 Exhibit A, #2 Proposed Order) (Arena, Alexis)
April 5, 2016 Opinion or Order Filing 54 NOTICE of Deadline: Rule 26(f) Meeting Report due by 4/20/2016. (km)
April 4, 2016 Opinion or Order Filing 53 Response re #50 Objection to Report and Recommendations by Defendant DNA Diagnostic Center, Inc.. (Attachments: #1 Exhibit A (2002 ancestrybyDNA.com website, Ex. DX-18 at hearing), #2 Exhibit B (2002 dnaprint.com webite, Ex. DX-19 at hearing)) (Cupar, David)
April 4, 2016 Opinion or Order Filing 52 Response re #49 Objection to Report and Recommendations,, by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. (Attachments: #1 Exhibit A) (Arena, Alexis)
March 31, 2016 Opinion or Order Filing 51 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts V, VI and VII of Defendant's Amended Counterclaims by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 4/25/2016 (Attachments: #1 Text of Proposed Order, #2 Certificate of Service) (Arena, Alexis)
March 21, 2016 Opinion or Order Filing 50 OBJECTION to #38 Report and Recommendations by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. (Attachments: #1 Exhibits) (Arena, Alexis)
March 21, 2016 Opinion or Order Notice of Correction: re [FORMER DOC. 48] Objection to Magistrate Judge Orderre #38 REPORT AND RECOMMENDATIONS restricted by clerk due to incorrect event used to file. Left message for counsel to refile using the event Objection to Report and Recommendation. (jee)
March 18, 2016 Opinion or Order Filing 49 OBJECTION to #38 Report and Recommendations by Defendant DNA Diagnostic Center, Inc.. (Attachments: #1 Exhibit A (table of "Ancestry" uses), #2 Exhibit B (Ancestry.com threat letter to Groupon), #3 Exhibit C (Silver Declaration), #4 Exhibit DX-1 (ANCESTRYBYDNA Registration), #5 Exhibit DX-3 (ANCESTRY Registration), #6 Exhibit DX-7 (DNA Roots Website), #7 Exhibit DX-21 (Sorenson Genomics Website), #8 Exhibit DX-22 (Aug. 2015 letter from Ancestry.com), #9 Exhibit DX-27 (Nov. 2009 AncestrybyDNA test kit)) (Cupar, David)
March 18, 2016 Opinion or Order Filing 48 [FORMER DOC. 48 - PLEASE DISREGARD. FILED USING INCORRECT EVENT] Objection to Magistrate Judge Orderre #38 REPORT AND RECOMMENDATIONS re #8 MOTION for Preliminary Injunction filed by Ancestry.com Operations Inc., Ancestry.com DNA, LLC by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 4/11/2016 (Attachments: #1 Exhibits) (Arena, Alexis) Modified on 3/21/2016 (jee).
March 7, 2016 Opinion or Order Filing 47 RESPONSE in Opposition re #37 MOTION to Dismiss Counterclaims IV and VII filed by Counter Claimant DNA Diagnostic Center, Inc.. (Cupar, David)
March 7, 2016 Opinion or Order Filing 46 First Amended ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Ancestry.com DNA, LLC, Ancestry.com Operations Inc. filed by DNA Diagnostic Center, Inc.. (Attachments: #1 Exhibit 1 (ANCESTRYBYDNA Registration)) (Cupar, David)
March 6, 2016 Opinion or Order Filing 45 Transcript of Proceedings, Hearing on Preliminary Injunction, held on January 29, 2016, before Magistrate Judge Stephanie K. Bowman. Court Reporter/Transcriber Maryann T. Maffia (Official), Telephone number 513-564-7677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 3/28/2016. Redacted Transcript Deadline set for 4/6/2016. Release of Transcript Restriction set for 6/6/2016. (Maffia, Maryann)
February 25, 2016 Opinion or Order NOTATION ORDER granting #43 Plaintiffs' Motion for Extension of Time until 3/18/16 to file objections to the report & recommendation. Signed by Judge Sandra S Beckwith on 2/25/16. (mb)
February 24, 2016 Opinion or Order Filing 43 MOTION for Extension of Time to File New date requested 3/18/2016. by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 3/16/2016 (Arena, Alexis)
February 23, 2016 Opinion or Order Filing 42 ORDER granting #40 Defendant's Motion for Extension of Time to file objections to the R&R. Defendant's objections are due to be filed by 3/18/16. No further extensions will be granted. Signed by Judge Sandra S Beckwith on 2/23/16. (mb)
February 18, 2016 Opinion or Order Filing 41 RESPONSE in Opposition re #40 MOTION for Extension of Time to File New date requested 3/18/2016. objections to Magistrate Judge's Report and Recommendation filed by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. (Attachments: #1 Exhibit A) (Arena, Alexis)
February 17, 2016 Opinion or Order Filing 40 MOTION for Extension of Time to File New date requested 3/18/2016. objections to Magistrate Judge's Report and Recommendation by Defendant DNA Diagnostic Center, Inc.. Responses due by 3/14/2016 (Attachments: #1 Exhibit A (email chain regarding timing of transcript)) (Cavanagh, Matthew)
February 17, 2016 Opinion or Order Filing 39 ORDER - In order to assist the court reporter in the expedited preparation of the transcript of the evidentiary hearing held 1/29/2016 on Plaintiffs' Motion for Preliminary Injunction #8 , the Court hereby ORDERS that the following procedures shall be implemented: (1) The court reporter is hereby authorized to file and to release to the designated attorneys, the entire transcript of proceedings UNDER SEAL, without further Order of this Court, thereby eliminating counsel's requirement to file a motion to obtain a sealed copy of the transcript; (2) Within 7 days of receipt, the attorneys shall designate, in writing to the court reporter, those portions of the transcript which are to remain confidential or "for attorneys' eyes only;" (3) Upon receipt of these designations, the court reporter shall, within 7 days, prepare and file a transcript of the proceedings for the public record, with those designated portions to remain under seal. Signed by Magistrate Judge Stephanie K. Bowman on 2/17/2016. (km)
February 16, 2016 Opinion or Order Filing 38 REPORT AND RECOMMENDATIONS re #8 Plaintiffs' Motion for Preliminary Injunction. IT IS RECOMMENDED that Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunctive Relief #8 be GRANTED INPART, and Defendant DNA Diagnostic Center, Inc. be enjoined from using thetrademarks ANCESRTY, ANCESTRY DNA and/or DNA ANCESTRY, in commerce in connection with the categories of goods and services described in Ancestry's existing trademark registrations for ANCESTRY, ANCESTRY.COM AND ANCESTRYDNA. Objections to R&R due by 3/4/2016. Signed by Magistrate Judge Stephanie K. Bowman on 2/16/2016. (km)
February 12, 2016 Opinion or Order Filing 37 MOTION to Dismiss Counterclaims IV and VII by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 3/7/2016 (Attachments: #1 Text of Proposed Order, #2 Certificate of Service) (Arena, Alexis)
January 29, 2016 Opinion or Order Filing 36 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Evidentiary Hearing re #8 Plaintiffs' Motion for Preliminary Injunction held on 1/29/2016. Counsel present with respective clients. Preliminary matters addressed with the Court. Opening statements of counsel heard. Testimony of Plaintiffs' and Defendant's witnesses heard. Closing arguments heard. Matter taken under advisement. Upon agreement of the parties, no further briefing will be submitted. A Report and Recommendation to Judge Beckwith to issue. (Court Reporter Maryann Maffia (Official).) (km)
January 26, 2016 Opinion or Order Filing 34 REPLY to Response to Motion re #8 MOTION for Preliminary Injunction filed by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. (Attachments: #1 Affidavit of Jordan A. LaVine, Esq., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Certificate of Service) (Linden, Paul)
January 25, 2016 Opinion or Order Filing 32 Unopposed MOTION to Seal Reply In Support of Motion for Preliminary Injunction and Exhibits by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc., Counter Defendants Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 2/19/2016 (Attachments: #1 Text of Proposed Order) (Linden, Paul)
January 25, 2016 Opinion or Order NOTATION ORDER granting #32 Plaintiffs' Motion to file under seal its reply in support of the motion for preliminary injunction & the exhibits. Signed by Judge Sandra S Beckwith on 1/25/16. (mb)
January 21, 2016 Opinion or Order NOTICE by clerk: Due to Judge Beckwith's current trial schedule, the preliminary injunction hearing scheduled for 1/29/16 at 9:00 AM will be held before Mag. Judge Stephanie Bowman in Courtroom 701. (mb)
January 19, 2016 Opinion or Order Filing 31 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Ancestry.com DNA, LLC, Ancestry.com Operations Inc. filed by DNA Diagnostic Center, Inc.. (Attachments: #1 Exhibit 1 (ANCESTRYBYDNA registration certificate)) (Cupar, David)
January 19, 2016 Opinion or Order Filing 30 ORDER granting #28 Defendant's Motion to file memorandum in opposition to the motion for preliminary injunction under seal. Signed by Judge Sandra S Beckwith on 1/19/16. (mb)
January 15, 2016 Opinion or Order Filing 29 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction filed by Defendant DNA Diagnostic Center, Inc.. (Attachments: #1 Exhibit (Dr. Michael Baird's Declaration), #2 Exhibit (David Silver's Declaration), #3 Exhibit S-1, #4 Exhibit S-2, #5 Exhibit S-3, #6 Exhibit S-4, #7 Exhibit S-5, #8 Exhibit S-6, #9 Exhibit S-7, #10 Exhibit A (ANCESTRYBYDNA Decl. of Incontestability), #11 Exhibit B (Ancestry.com webpage), #12 Exhibit C, #13 Exhibit D, #14 Exhibit E, #15 Exhibit F, #16 Exhibit G, #17 Exhibit H, #18 Exhibit I, #19 Exhibit J, #20 Exhibit K, #21 Exhibit L, #22 Exhibit M, #23 Exhibit N, #24 Exhibit O, #25 Exhibit P, #26 Exhibit Q, #27 Exhibit R, #28 Exhibit S) (Cavanagh, Matthew)
January 15, 2016 Opinion or Order Filing 28 Unopposed MOTION to File Document Under Seal by Defendant DNA Diagnostic Center, Inc.. Responses due by 2/1/2016 (Attachments: #1 Text of Proposed Order) (Cupar, David)
January 14, 2016 Opinion or Order Filing 27 [FILED IN WRONG CASE - PLEASE DISREGARD] NOTICE of Deadline: Rule 26(f) Meeting Report due by 2/8/2016. (km) Modified on 1/14/2016 (km).
January 14, 2016 Opinion or Order Filing 26 ORDER issued pursuant to the telephonic informal discovery conference held on 1/13/2016. With regards to the issue of the Protective Order: the parties stipulated protected order shall be ENTERED AND FILED as currently written and will not include Ancestry.com's proposed allowance for in-house counsel access to AEO designated material. Furthermore, if the parties have challengesto the confidential designations (including, but not limited to, revenue documents) the parties SHALL follow the objection procedures outlined in the Protective Order, prior to contacting the Court as directed therein. With regards to the issue of Rule 30(b) Depositon: upon review of the deposition transcript of Mr. Chahine, the undersigned is not inclined to allow additional depositions and/or require Ancestry.com to compensate DNA Diagnostic for costs associated with Mr. Chahine's deposition. Mr. Chahine provided sufficient information related to his knowledge (and therefore Ancestry.com's knowledge)of AncestryDNA. Accordingly, DNA Diagnostics arguments in this regard are not well taken. Signed by Magistrate Judge Stephanie K. Bowman on 1/14/2016. (Attachments: #1 Email to Court from Plaintiff's counsel Jordan LaVine re: 30(b)(6) Deposition of Kenneth Chahine, #2 Deposition Testimony Excerpts from Deposition of Kenneth Chahine, #3 Letter to Court from Plaintiff's counsel Jordan LaVine dated 1/12/2016, #4 Affidavit of Scott Preston, Esq., #5 Letter to Court from Defendant's counsel Matthew Cavanagh dated 1/12/2016) (km)
January 14, 2016 Opinion or Order Notice of Correction re: 27 Notice of Deadline. This entry was filed in the wrong case. The entry has been deleted and redocketed under the correct case number. Counsel is instructed to please disregard. (km)
January 13, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference re: Protective Order dispute and Rule 30(b)(6) witness dispute held on 1/13/2016. Attorneys Jordan LaVine, Alexis Arena and Paul Linden appeared for Plaintiffs. Attorneys Matthew Cavanagh and Maxwell Goss appeared for Defendant. Written Order to follow. (Court Reporter Mary Ann Ranz (Official).) (km)
January 9, 2016 Opinion or Order Filing 25 Transcript of Proceedings, Teleconference/Discovery Dispute, held on January 7, 2016, before Magistrate Judge Stephanie K. Bowman. Court Reporter/Transcriber Maryann T. Maffia (Official), Telephone number 513-564-7677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 2/1/2016. Redacted Transcript Deadline set for 2/9/2016. Release of Transcript Restriction set for 4/8/2016. (Maffia, Maryann)
January 8, 2016 Opinion or Order Filing 24 NOTICE: Telephone Conference set for 1/13/2016 11:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. The parties may submit a brief summary of the issue (no more than 5 pages) and email it to bowman_chambers@ohsd.uscourts.gov and copy opposing counsel no later than 5:00 p.m. the day prior to the conference. (km)
January 7, 2016 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Discovery Conference held on 1/7/2016. Attorneys Jordan LaVine, Alexis Arena and Paul Linden appeared for Plaintiffs. Attorneys David Cupar, Matthew Cavanagh and Maxwell Goss appeared for Defendant. Each party argued for a subsequent Rule 30(b)(6) deposition on limited topics it felt initial deponent was not prepared to answer. Plaintiff also requested one request for production of documents. Court denies request for discovery, except that each party shall take a subsequent 30(b)(6) deposition, limited to the topics identified to the Court. Such deposition shall take place on or before 1/12/2016. Defendant's deadline to file its response to the motion for preliminary injunction is extended to 1/15/2016 by midnight. Plaintiffs' reply deadline remains unchanged, due 1/26/2016. Plaintiffs raised an issue with a protective order. Parties to continue to work out the issue and call courtroom deputy if they reach an impasse. (Court Reporter Maryann Maffia (Official).) (km)
January 5, 2016 Opinion or Order Filing 23 NOTICE: Telephonic Discovery Conference set for 1/7/2016 11:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel to call 1-888-363-4749; access code: 8651321; security code: 2010. (km)
December 30, 2015 Opinion or Order Filing 21 NOTICE by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc. re #20 Order on Motion to Seal Notice of Filing Under Seal (Linden, Paul)
December 29, 2015 Opinion or Order Filing 20 NOTATION ORDER granting #19 Motion to Seal Amended Complaint. Signed by Judge Sandra S Beckwith on 12/29/2015. (jlw)
December 29, 2015 Opinion or Order Filing 19 MOTION to Seal Motion for Leave to File Amended Complaint Under Seal by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 1/22/2016 (Attachments: #1 Text of Proposed Order) (Linden, Paul)
December 22, 2015 Opinion or Order Filing 18 ORDER granting #17 Defendant's Motion for Leave for attorney Maxwell Goss to Appear Pro Hac Vice as co-counsel. Signed by Judge Sandra S Beckwith on 12/22/15. (mb)
December 21, 2015 Opinion or Order Filing 17 MOTION for Leave to Appear Pro Hac Vice of Maxwell Goss (Filing fee $ 200, receipt number 0648-5318826) by Defendant DNA Diagnostic Center, Inc.. Responses due by 1/14/2016 (Cupar, David)
December 16, 2015 Opinion or Order Filing 16 Transcript of Proceedings (In Chambers Telephonic Conference, re: Preliminary Injunction Motion) held on 12/14/2015, before Judge Sandra S. Beckwith, Senior Judge. Court Reporter/Transcriber Mary Ann Ranz, Official Court Reporter, Telephone number 513-564-7626. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 1/6/2016. Redacted Transcript Deadline set for 1/19/2016. Release of Transcript Restriction set for 3/15/2016. (Ranz, Mary Ann)
December 15, 2015 Opinion or Order Filing 15 ORDER denying #7 Motion to Expedite; granting #11 Motion for Extension of Time to Answer; Response to the motion for preliminary injunction is due 1/12/16; Reply due: 1/26/16. Preliminary injunction hearing is scheduled for 1/29/16 at 9:00 AM. Signed by Judge Sandra S Beckwith on 12/15/15. (mb)
December 14, 2015 Opinion or Order Minute Entry: Status conference held before Judge Sandra S Beckwith. Written order to follow. (Court Reporter MA Ranz (Official).) (mb)
December 11, 2015 Opinion or Order NOTICE by clerk: The telephone conference scheduled for 12/14/15 is RESCHEDULED from 4:30 PM to 3:00 PM. (mb)
December 10, 2015 Opinion or Order Filing 14 RESPONSE in Opposition re #11 MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 1/8/2016. filed by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. (Arena, Alexis)
December 10, 2015 Opinion or Order Filing 13 NOTICE of Appearance by Matthew J Cavanagh for Defendant DNA Diagnostic Center, Inc. (Cavanagh, Matthew)
December 10, 2015 Opinion or Order Filing 12 Corporate Disclosure Statement by Defendant DNA Diagnostic Center, Inc.. (Cupar, David)
December 10, 2015 Opinion or Order Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 1/8/2016. by Defendant DNA Diagnostic Center, Inc.. Responses due by 1/4/2016 (Cupar, David)
December 4, 2015 Opinion or Order Filing 10 ORDER granting [5 & 6] Motions for attorneys Arena & LaVine Leave to Appear Pro Hac Vice as co-counsel for plaintiffs. Signed by Judge Sandra S Beckwith on 12/4/15. (mb)
December 3, 2015 Opinion or Order Filing 9 Corporate Disclosure Statement by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc., Ancestry.com LLC, Ancestry.com LLC identifying Corporate Parent Ancestry.com LLC for Ancestry.com DNA, LLC, Ancestry.com Operations Inc... (Linden, Paul)
November 25, 2015 Opinion or Order NOTICE by clerk: A telephone conference on the motion for preliminary injunction is scheduled for 12/14/15 at 4:30 PM before Judge Beckwith. Counsel for plaintiffs to arrange the call. (mb)
November 24, 2015 Opinion or Order Filing 8 MOTION for Preliminary Injunction by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 12/18/2015 (Attachments: #1 Affidavit Alexis Arena, #2 Exhibit A-List of Trademark Registrations and Applications, #3 Exhibit B-U.S. Trademark Registrations, #4 Exhibit C-USPTO Office Action, #5 Exhibit D-U.S. Trademark Registration and Assignment, #6 Exhibit E-Website Screenshots, #7 Exhibit F-Email Correspondence, #8 Exhibit G-Website Printouts, #9 Exhibit H-Screenshots from Social Media, #10 Exhibit I-U.S. Trademark Application, #11 Exhibit J-Printouts Online Blogs, #12 Affidavit Rob Singer, #13 Exhibit A-Ancestry Fact Sheet, #14 Exhibit B-Ancestry Background Facts, #15 Certificate of Service, #16 Text of Proposed Order) (Linden, Paul)
November 24, 2015 Opinion or Order Filing 7 MOTION to Expedite Discovery by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 12/18/2015 (Attachments: #1 Exhibit A-Plaintiff First Set Discovery Requests, #2 Exhibit B-Plaintiff Notice of Deposition, #3 Certificate of Service, #4 Text of Proposed Order) (Linden, Paul)
November 24, 2015 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice of Jordan A. LaVine (Filing fee $ 200, receipt number 0648-5288553) by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 12/18/2015 (Attachments: #1 Text of Proposed Order) (Linden, Paul)
November 24, 2015 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice of Alexis K. Arena (Filing fee $ 200, receipt number 0648-5288532) by Plaintiffs Ancestry.com DNA, LLC, Ancestry.com Operations Inc.. Responses due by 12/18/2015 (Attachments: #1 Text of Proposed Order) (Linden, Paul)
November 23, 2015 Opinion or Order Filing 4 SUMMONS Returned Executed as to Defendant DNA Diagnostic Center, Inc.. DNA Diagnostic Center, Inc. served on 11/19/2015, answer due 12/10/2015. (Linden, Paul)
November 17, 2015 Opinion or Order CASE REFERRED to Magistrate Judge Magistrate Judge Stephanie K. Bowman. (mb)
November 16, 2015 Opinion or Order Filing 2 Summons Issued as to DNA Diagnostic Center, Inc.. (jlw)
November 16, 2015 Opinion or Order Filing 1 COMPLAINT with JURY DEMAND against DNA Diagnostic Center, Inc., filed by Ancestry.com Operations Inc., Ancestry.com DNA, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Filing Fee Receipt) (jlw)
November 16, 2015 Opinion or Order Filing fee: $ 400.00, receipt number 100cin026817 (jlw)

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Search for this case: Ancestry.com Operations Inc. et al v. DNA Diagnostic Center, Inc.
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Plaintiff: Ancestry.com Operations Inc.
Represented By: Glenn Dean Bellamy
Represented By: Paul Jason Linden
Represented By: Alexis K. Arena
Represented By: Eric R. Clendening
Represented By: Jordan A. LaVine
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Plaintiff: Ancestry.com DNA, LLC
Represented By: Glenn Dean Bellamy
Represented By: Paul Jason Linden
Represented By: Alexis K. Arena
Represented By: Eric R. Clendening
Represented By: Jordan A. LaVine
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Defendant: DNA Diagnostic Center, Inc.
Represented By: Christopher G. Dean
Represented By: David B Cupar
Represented By: Maxwell Goss
Represented By: Matthew J Cavanagh
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