ECi Macola/MAX, LLC v. Leahy Consulting, Inc.

Plaintiff: ECi Macola/MAX, LLC
Defendant: Leahy Consulting, Inc.
Case Number: 1:2018cv00719
Filed: October 12, 2018
Court: Ohio Southern District Court
Presiding Judge: Timothy S Black
Nature of Suit: Copyright
Cause of Action: 15:1125
Jury Demanded By: None

Docket Report

This docket was last retrieved on November 15, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2018 Opinion or Order 12 ORDER denying #5 Motion for Preliminary Injunction filed by ECi Macola/MAX, LLC. Signed by Judge Timothy S. Black on 11/15/2018. (jlw)
November 9, 2018 Opinion or Order Notation Order: This case is before the Court on Plaintiff's motion for preliminary injunction (Doc. 5), which asks the Court to, inter alia, enjoin the Defendant from advertising, and holding, a workshop in Sharonville, Ohio, on 11/14/18. After a thorough review of Plaintiff's motion (Doc. 5), Defendant's response (Doc. 9), and Plaintiff's reply (Doc. 10), the Court concludes that Plaintiff's motion for preliminary injunction is not well-taken and DENIES same. The Court will enter a formal Order denying Plaintiff's motion forthwith. However, given that there are only four business days in between the date Plaintiff's motion became ripe (11/6/18) and the date of Defendant's workshop (11/14/18), the Court enters this Notation Order in order to give the parties as much notice as possible. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)
November 7, 2018 11 Corporate Disclosure Statement by Defendant Leahy Consulting, Inc.. (Linden, Paul)
November 6, 2018 10 REPLY to Response to Motion re #5 MOTION for Preliminary Injunction filed by Plaintiff ECi Macola/MAX, LLC. (Attachments: #1 Reply Declaration of Jeffrey P. Ralyea, #2 EXHIBIT A to Reply Declaration, #3 EXHIBIT B to Reply Declaration, #4 EXHIBIT C to Reply Declaration, #5 EXHIBIT D to Reply Declaration, #6 EXHIBIT E to Reply Declaration, #7 EXHIBIT F to Reply Declaration) (Watchorn, Christine)
November 2, 2018 9 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction filed by Defendant Leahy Consulting, Inc.. (Attachments: #1 Declaration of Michael Leahy, #2 Declaration of Paul J. Linden) (Linden, Paul)
October 29, 2018 8 NOTICE by Plaintiff ECi Macola/MAX, LLC of Filing of Declaration of Jeffrey P. Ralyea (Attachments: #1 Affidavit Declaration of Jeffrey P. Ralyea, #2 Exhibit Reseller Agreement, #3 Exhibit Notice of Termination) (Watchorn, Christine)
October 29, 2018 7 NOTICE of Appearance by Timothy Darin Ardizzone for Defendant Leahy Consulting, Inc. (Ardizzone, Timothy)
October 25, 2018 Minute Entry and Notation Order: This case came before the Court for an informal conference with counsel by telephone pursuant to S.D. Ohio Civ. R. 65.1 on 10/25/18 at 10:00 a.m.. Robin Miller and Christine Watchorn appeared on behalf of Plaintiff; Paul Linden and Tim Ardizzone appeared on behalf of Defendant. Defendant shall file its response in opposition to Plaintiff's motion for preliminary injunction, including affidavits, by 11/2/18. Plaintiff shall file its reply brief by 11/6/18. IT IS SO ORDERED. (jlw)
October 25, 2018 6 NOTICE of Appearance by Paul Jason Linden for Defendant Leahy Consulting, Inc. (Linden, Paul)
October 24, 2018 Opinion or Order Notation Order and Notice of Hearing: Pursuant to S.D. Ohio Civ. R. 65.1, this case is set for an informal conference with counsel by telephone on 10/25/18 at 10:00 a.m. for the purposes of discussing the calendaring of Plaintiff's motion for preliminary injunction (Doc. 5). COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Plaintiff's counsel, having made an effort to discern who represents the Defendant, shall give notice of this hearing immediately to Defendant's counsel, if known, or to Defendant. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)
October 17, 2018 5 MOTION for Preliminary Injunction by Plaintiff ECi Macola/MAX, LLC. (Attachments: #1 Exhibit A - Workshop Ad) (Miller, Robin)
October 15, 2018 If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh)
October 12, 2018 2 Corporate Disclosure Statement by Defendant ECi Macola/MAX, LLC. (Miller, Robin)
October 12, 2018 1 COMPLAINT against Leahy Consulting, Inc. ( Filing fee $ 400 paid - receipt number: 0648-6635934), filed by ECi Macola/MAX, LLC. (Attachments: #1 Exhibit A - Macola Trademark Certificate of Registration, #2 Exhibit B - Progression Trademark Certificate of Registration, #3 Exhibit C - Macola Copyright Certificate of Registration, #4 Exhibit D - Leahy Consulting Website, #5 Exhibit E - Leahy Consulting Ad, #6 Civil Cover Sheet, #7 Summons Form Waiver of Service of Summons) (Miller, Robin)

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Plaintiff: ECi Macola/MAX, LLC
Represented By: Robin D Miller
Represented By: Christine E Watchorn
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Defendant: Leahy Consulting, Inc.
Represented By: Timothy Darin Ardizzone
Represented By: Paul Jason Linden
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