Max Rack, Inc. v. Core Health & Fitness, LLC et al
| Max Rack, Inc. |
| Core Health & Fitness, LLC, John Doe, Star Trac Strength, Inc. and Kevin Corbalis |
| 2:2016cv01015 |
| October 19, 2016 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| FRANKLIN |
| Terence P Kemp |
| Algenon L Marbley |
| Chelsey M Vascura |
| Trademark |
| 15 U.S.C. § 1051 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 130 Response re #124 Bill of Costs by Defendant Core Health & Fitness, LLC. (Loomis, C.) |
| Filing 127 REPLY to Response to Motion re #119 MOTION to Amend/Correct #117 Order on Motion for Attorney Fees,,,,, Order on Motion to Strike,,,,, Order on Motion for Miscellaneous Relief,,,,, Order on Motion for New Trial,,,,, Order on Motion for Permanent Injunction,,,,,,,,,, Order on Motion f MOTION to Alter Judgment MOTION for Reconsideration filed by Plaintiff Max Rack, Inc.. (Schonauer, Matthew) |
| Filing 126 RESPONSE in Opposition re #119 MOTION to Amend/Correct #117 Order on Motion for Attorney Fees,,,,, Order on Motion to Strike,,,,, Order on Motion for Miscellaneous Relief,,,,, Order on Motion for New Trial,,,,, Order on Motion for Permanent Injunction,,,,,,,,,, Order on Motion f MOTION to Alter Judgment MOTION for Reconsideration filed by Defendant Core Health & Fitness, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Loomis, C.) |
| Filing 125 Clerk's Notice re Briefing schedule: Response to Bill of Costs due 7/13/2020; Reply to Bill of Costs due 7/27/2020. (er) |
| Filing 124 BILL OF COSTS by Plaintiff Max Rack, Inc.. (Schonauer, Matthew) |
| Filing 123 TRANSCRIPT REQUEST by Defendant Core Health & Fitness, LLC (Loomis, C.) |
| Filing 122 MOTION to Stay re #117 Order on Motion for Attorney Fees, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion for New Trial, Order on Motion for Permanent Injunction, Order on Motion for Judgment as a Matter of Law, #109 Clerk's Judgment Motion for Stay of Execution Pending Appeal and Approval of Supersedeas Bond by Defendant Core Health & Fitness, LLC. (Loomis, C.) |
| Filing 121 NOTICE by Defendant Core Health & Fitness, LLC Notice of Filing Supersedeas Bond (Attachments: #1 Exhibit A) (Loomis, C.) |
| Filing 120 NOTICE OF APPEAL re #117 Order on Motion for Attorney Fees, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion for New Trial, Order on Motion for Permanent injunction, Order on Motion for Judgment as a Matter of Law, (Filing fee has been paid, receipt number 0648-7490865) by Plaintiff Max Rack, Inc. Appeal Record due by 6/16/2020. (Schonauer, Matthew) Modified text on 6/3/2020 (jlk). |
| Filing 119 MOTION to Amend/Correct #117 Order on Motion for Attorney Fees, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion for New Trial, Order on Motion for Permanent Injunction, Order on Motion for Judgment as a Matter of Law, , MOTION to Alter Judgment , MOTION for Reconsideration ( Responses due by 6/23/2020) by Plaintiff Max Rack, Inc.. (Attachments: #1 Supplement Memorandum in support) (Schonauer, Matthew) Modified text on 6/3/2020 (jlk). |
| Filing 118 NOTICE OF APPEAL re #117 Order on Motion for Attorney Fees, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion for New Trial, Order on Motion for Permanent injunction, Order on Motion for Judgment as a Matter of Law, #109 Clerk's Judgment (Filing fee has been paid, receipt number 0648-7488806) by Defendant Core Health & Fitness, LLC. Appeal Record due by 6/4/2020. (Loomis, C.) Modified text on 6/3/2020 (jlk). |
Filing 117
ORDER granting in part and denying in part #96 Motion for Attorney Fees; granting in part and denying in part #97 Motion for Permanent Injunction; granting in part and denying in part #103 Motion for Permanent Injunction; denying #108 Motion to Strike ; granting in part and denying in part #112 Motion for Judgment as a Matter of Law. VACATING the jurys award of $1 million in compensatory damages; AFFIRMING the jurys award of $250,000 in disgorged profits and the Court enhances that award by an additional $250,000 pursuant to 15 U.S.C. 1117(a); Defendants shall pay Plaintiff $381,808.32 in attorneys fees and costs; Defendants shall, for so long as they have customers who purchased MAX RACK units that might require warranty or other product support, post a notice on their website wherever the term MAX RACK appears, indicating that MAX RACK is a registered trademark of Max Rack, Inc. Any notice shall also include a link to www.maxrack.com; and Defendants shall refrain from producing MAX RACK equipment labels. Signed by Chief Judge Algenon L. Marbley on 5/5/2020. (cw)
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| Filing 116 REPLY to Response to Motion re #112 MOTION for Judgment as a Matter of Law (Renewed) MOTION for New Trial (in the Alternative) filed by Defendant Core Health & Fitness, LLC. (Loomis, C.) |
| Filing 114 RESPONSE in Opposition re #112 MOTION for Judgment as a Matter of Law (Renewed) MOTION for New Trial (in the Alternative) filed by Plaintiff Max Rack, Inc.. (Schonauer, Matthew) |
| Filing 113 NOTICE by Defendant Core Health & Fitness, LLC re #112 MOTION for Judgment as a Matter of Law (Renewed) MOTION for New Trial (in the Alternative) Notice of Errata (Attachments: #1 Errata re ECF No. 112) (Loomis, C.) |
| Filing 112 MOTION for Judgment as a Matter of Law (Renewed) ( Responses due by 3/13/2020), MOTION for New Trial (in the Alternative) by Defendant Core Health & Fitness, LLC. (Attachments: #1 Text of Proposed Order) (Loomis, C.) |
| Filing 111 REPLY to Response to Motion re #108 MOTION to Strike Declaration of Kimberly A. Selvage Attached to Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for Permanent Injunction filed by Defendant Core Health & Fitness, LLC. (Loomis, C.) |
| Filing 110 RESPONSE in Opposition re #108 MOTION to Strike Declaration of Kimberly A. Selvage Attached to Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for Permanent Injunction filed by Plaintiff Max Rack, Inc.. (Schonauer, Matthew) |
| Filing 109 CLERK'S JUDGMENT in favor of Max Rack, Inc. against Core Health & Fitness, LLC. Signed by Chief Judge Algenon L. Marbley on January 24, 2020. (bc) |
| Filing 108 MOTION to Strike Declaration of Kimberly A. Selvage Attached to Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion for Permanent Injunction by Defendant Core Health & Fitness, LLC. (Loomis, C.) |
| Filing 107 REPLY to Response to Motion re #96 MOTION for Attorney Fees MOTION for enhanced damages and an award of fees under 15 U.S.C. 1117 filed by Plaintiff Max Rack, Inc.. (Schonauer, Matthew) |
| Filing 106 REPLY to Response to Motion re #97 MOTION for Permanent Injunction and related equitable relief filed by Plaintiff Max Rack, Inc.. (Attachments: #1 Exhibit Declaration of Kimberly A. Selvage, #2 Exhibit A to Selvage Declaration, #3 Exhibit B to Selvage Declaration, #4 Exhibit C to Selvage Declaration, #5 Exhibit D to Selvage Declaration, #6 Exhibit E to Selvage Declaration, #7 Exhibit F to Selvage Declaration) (Schonauer, Matthew) |
| Filing 105 RESPONSE in Opposition re #96 MOTION for Attorney Fees MOTION for enhanced damages and an award of fees under 15 U.S.C. 1117 filed by Defendant Core Health & Fitness, LLC. (Loomis, C.) |
| Filing 104 RESPONSE in Opposition re #97 MOTION for Permanent Injunction and related equitable relief filed by Defendant Core Health & Fitness, LLC. (Attachments: #1 Affidavit Declaration of Erin O'Brien, #2 Exhibit A) (Loomis, C.) |
| Filing 103 MOTION for Permanent Injunction Trial Exhibits Attached for Purposes of Completeness in their Entirety by Plaintiff Max Rack, Inc.. (Attachments: #1 Exhibit Ex P103 Product Page, #2 Exhibit Ex J105 Patent, #3 Exhibit Ex J106 Patent, #4 Exhibit Ex J114 MAX RACK Reg, #5 Exhibit Ex P119 Freedom Rack File Wrap, #6 Exhibit Ex P136 Engineering Drawings, #7 Exhibit Ex J140 StarTrac License Agreement, #8 Exhibit Ex J141 RS License Agreement, #9 Exhibit Ex J145 Brown Letter, #10 Exhibit Ex P147 Okuley Letter, #11 Exhibit Ex P164 Joes Article, #12 Exhibit Ex P199 O'Brien Deposition Transcript, #13 Exhibit Ex 201 Dilts Excerpted Deposition Transcript, #14 Exhibit Ex 202 PLACEHOLDER (Marked Confidential) Deposition Winegardner Transcript) (Okuley, Joseph) |
| Filing 102 Transcript of Jury Trial Proceedings - Volume V of V, held on December 12, 2019, before Chief Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. 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 1/23/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/1/2020. (Evans, Shawna) |
| Filing 101 Transcript of Jury Trial Proceedings - Volume IV of V, held on December 11, 2019, before Chief Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. 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 1/23/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/1/2020. (Evans, Shawna) |
| Filing 100 Transcript of Jury Trial Proceedings - Volume III of V, held on December 10, 2019, before Chief Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. 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 1/23/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/1/2020. (Evans, Shawna) |
| Filing 99 Transcript of Jury Trial Proceedings - Volume II of V, held on December 9, 2019, before Chief Judge Algenon L. Marbley. Court Reporter/Transcriber Shawna J. Evans, Telephone number 614-719-3316. 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 1/23/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 4/1/2020. (Evans, Shawna) |
| Filing 97 MOTION for Permanent Injunction and related equitable relief by Plaintiff Max Rack, Inc.. (Attachments: #1 Text of Proposed Order) (Schonauer, Matthew) |
| Filing 96 MOTION for Attorney Fees ( Responses due by 1/6/2020), MOTION for enhanced damages and an award of fees under 15 U.S.C. 1117 by Plaintiff Max Rack, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Joseph P. Okuley, #3 Declaration of Joseph P. Okuley re. Costs, #4 Declaration of John J. Okuley, #5 Declaration of Matthew J. Schonauer, #6 Declaration of Kimberly A. Selvage, #7 Wynn Oil Co. v. Am. Way Serv. Corp., 61 F.3d 904 (6th Cir. 1995) (unpublished), #8 Chain, L.P. v. Tropodyne Corp., 238 F.3d 421 (6th Cir. 2000), #9 Express Oil Change, LLC v. Dix Express Oil Change, Inc., No. 18-10416 (E.D. Mich. July 16, 2018)) (Schonauer, Matthew) |
| Filing 95 TRIAL BRIEF Exhibits P131 to P150 by Plaintiff Max Rack, Inc.. (Attachments: #1 Exhibit P131 Drawings, #2 Exhibit P132 Murray Deposition, #3 Exhibit P133 Murray Deposition, #4 Exhibit P134 Murray Deposition, #5 Exhibit P135 O'Brien Deposition, #6 Exhibit P136 O'Brien Deposition, #7 Exhibit P137 O'Brien Deposition, #8 Exhibit P138 Skilken Deposition, #9 Exhibit P139 Skilken Deposition, #10 Exhibit P140 Skilken Deposition, #11 Exhibit P141 Skilken Deposition, #12 Exhibit P142 Skilken Deposition, #13 Exhibit P143 Skilken Deposition, #14 Exhibit P144 Skilken Deposition, #15 Exhibit P145 Skilken Deposition, #16 Exhibit P146 Skilken Deposition, #17 Exhibit P147 Skilken Deposition, #18 Exhibit P148 Skilken Deposition, #19 Exhibit P149 Skilken Deposition, #20 Exhibit P150 Skilken Deposition) (Okuley, Joseph) |
| Filing 94 Exhibit List and Exhibits P111 to P130 by Plaintiff Max Rack, Inc... (Attachments: #1 Exhibit P111 Dilts Deposition, #2 Exhibit P112 Dilts Deposition, #3 Exhibit P113 Dilts Deposition, #4 Exhibit P114 Dilts Deposition, #5 Exhibit P115 Dilts Deposition, #6 Exhibit P116 Dilts Deposition, #7 Exhibit P117 Dilts Deposition, #8 Exhibit P118 Dilts Deposition, #9 Exhibit P119 Dilts Deposition, #10 Exhibit P120 Dilts Deposition, #11 Exhibit P121 Dilts Deposition, #12 Exhibit P122 Dilts Deposition, #13 Exhibit P123 Dilts Deposition, #14 Exhibit P124 Dilts Deposition, #15 Exhibit P125 Dilts Deposition, #16 Exhibit P126 Winegardner deposition, #17 Exhibit P127 Winegardner deposition, #18 Exhibit P128 Winegardner deposition, #19 Exhibit P129 Winegardner deposition, #20 Exhibit P130 Max Rack drawings) (Okuley, Joseph) |
| Filing 93 TRIAL BRIEF Exhibits 101-110 by Plaintiff Max Rack, Inc.. (Attachments: #1 Exhibit P101 Dilts Deposition, #2 Exhibit P102 Dilts Deposition, #3 Exhibit P103 Dilts Deposition, #4 Exhibit P104 Dilts Deposition, #5 Exhibit P105 Dilts Deposition, #6 Exhibit P106 Dilts Deposition, #7 Exhibit P107 Dilts Deposition, #8 Exhibit P108 Dilts Deposition, #9 Exhibit P109 Dilts Deposition, #10 P110 Dilts Deposition) (Okuley, Joseph) |
| Filing 92 JURY VERDICT. (bc) |
| Minute Entry for proceedings held before Chief Judge Algenon L. Marbley: Jury Trial completed on 12/12/2019; Closing arguments by both counsel; Jury deliberation (1:00 - 8:00) (Court Reporter: Shawna Evans) (bc) |
| Minute Entry for proceedings held before Chief Judge Algenon L. Marbley: Jury Trial held on 12/11/2019; Plaintiff call J. Dilts by way of deposition; Plaintiff REST; Motion for JMOL - DENIED; Def call K. Corbalis; S. Winegardner; E. O'Brien; C. Brown; Def REST (Court Reporter: Shawna Evans) (bc) |
| Minute Entry for proceedings held before Chief Judge Algenon L. Marbley: Jury Trial held on 12/10/2019; Direct of C. Morris continued; Plaintiff call S. Winegardner on cross (Court Reporter: Shawna Evans & D. Coulter) |
| Minute Entry for proceedings held before Chief Judge Algenon L. Marbley: Jury Trial began on 12/9/2019: Voir Dire held; Jury impaneled & sworn; Plaintiff S. Skilken; C. Morris (Court Reporter: Shawna Evans) (bc) |
| Filing 91 TRIAL BRIEF by Plaintiff Max Rack, Inc.. (Okuley, Joseph) |
| Filing 90 TRIAL BRIEF by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) |
| Filing 89 MOTION in Limine Defendants' Motion in Limine to Exclude Evidence of Inventory Close-Out Sales by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Attachments: #1 Exhibit Declaration of C. Dennis Loomis, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order Granting Defendants' Motion in Limine) (Loomis, C.) |
| Filing 88 Exhibit List (Notice of Errata) by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc... (Attachments: #1 Errata Corrected Joint Table of Exhibits) (Loomis, C.) |
| Filing 87 Exhibit List (Joint) by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc... (Attachments: #1 Appendix Joint Table of Exhibits) (Loomis, C.) |
| Filing 86 Proposed Pretrial Order (Joint) by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) Modified event on 12/4/2019 (jlk). |
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Filing 85
ORDER granting #58 Motion in Limine; granting #59 Motion in Limine; denying #71 Motion in Limine; granting #72 Motion in Limine. Signed by Chief Judge Algenon L. Marbley on 12/3/2019. (cw)
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Filing 84
Scheduling Order and Order directing Mr. Okuley to pay Defendants a total of $4,133.22 in costs and fees within 30 days of this Order.. Signed by Chief Judge Algenon L. Marbley on 12/3/2019. (cw)
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| Filing 83 Amended Proposed Jury Instructions by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) |
| Filing 82 Exhibit List (Amended) by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc... (Loomis, C.) |
| Filing 81 Objection re #60 Exhibit List (Plaintiff Max Rack, Inc.'s List of Exhibits) by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) |
| Filing 80 REPLY to Response to Motion re #71 MOTION in Limine Defendants' Motion In Limine to Bifurcate Trial on Liability and Damages Defendants' Reply in Support of Motion in Limine to Bifurcate Trial on Liability and Damages filed by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Attachments: #1 Exhibit Exhibit A to Defendants' Reply) (Loomis, C.) |
| Filing 79 RESPONSE in Opposition re #71 MOTION in Limine Defendants' Motion In Limine to Bifurcate Trial on Liability and Damages filed by Plaintiff Max Rack, Inc.. (Schonauer, Matthew) |
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Filing 78
ORDER Resetting the Telephonic Status Conference set for 11/18/2019 05:00 PM before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 11/13/2019. (cw)
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Filing 77
ORDER setting a Telephonic Status Conference for 11/14/2019 at 05:00 PM before Chief Judge Algenon L. Marbley. Signed by Chief Judge Algenon L. Marbley on 11/13/2019. (cw)
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| Filing 76 Proposed Pretrial Order and Preliminary Statement by Plaintiff Max Rack, Inc.. (Schonauer, Matthew) |
| Filing 75 Objection Defendants' Objection to Plaintiff Max Rack's Designation of Deposition Portions for Trial by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) |
| Filing 74 RESPONSE in Opposition re #58 MOTION in Limine Re Evidence of Cost of Goods Sold Defendants' Memorandum in Opposition to Plaintiff Max Rack's Motion In Limine on Introduction of Evidence on Defendants' Cost of Goods Sold filed by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) |
| Filing 73 Proposed Pretrial Order by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) |
| Filing 72 MOTION in Limine Defendants' Motion in Limine to Exclude Witness Testimony by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Defendants' Motion In Limine to Exclude Witness Testimony) (Loomis, C.) |
| Filing 71 MOTION in Limine Defendants' Motion In Limine to Bifurcate Trial on Liability and Damages by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Defendants' Motion in Limine to Bifurcate Trial on Liability and Damages) (Loomis, C.) |
| Filing 70 Exhibit List Defendants' Exhibit List by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc... (Loomis, C.) |
| Filing 69 Witness List by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) |
| Filing 68 Proposed Jury Instructions by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) |
| Filing 67 NOTICE of Appearance by Matthew James Schonauer for Plaintiff Max Rack, Inc. (Schonauer, Matthew) |
| Filing 66 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Max Rack, Inc.. (Attachments: #1 Affidavit of Joseph P. Okuley) (Okuley, Joseph) |
| Filing 65 NOTICE by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc. re #61 Witness List, #60 Exhibit List, #58 MOTION in Limine Re Evidence of Cost of Goods Sold, #62 Exhibit List, #64 Proposed Jury Instructions, #59 MOTION in Limine Re. Trademark Invalidity, #63 Exhibit List Notice of Defendants' Objection to unilateral Filing of Trial Preparation Documents by Plaintiff Max Rack, Inc. and Defendants' Request for Instructions on Trial Order Pending Ruling on Order to Show Cause re: Dismissal (Loomis, C.) |
| Filing 64 Proposed Jury Instructions by Plaintiff Max Rack, Inc.. (Okuley, Joseph) |
| Filing 63 Exhibit List Plaintiffs proposed Stipulations by Plaintiff Max Rack, Inc... (Okuley, Joseph) |
| Filing 62 Exhibit List designation of deposition portions by Plaintiff Max Rack, Inc... (Okuley, Joseph) |
| Filing 61 Witness List by Plaintiff Max Rack, Inc.. (Okuley, Joseph) |
| Filing 60 Exhibit List by Plaintiff Max Rack, Inc... (Okuley, Joseph) |
| Filing 59 MOTION in Limine Re. Trademark Invalidity by Plaintiff Max Rack, Inc.. (Okuley, Joseph) |
| Filing 58 MOTION in Limine Re Evidence of Cost of Goods Sold by Plaintiff Max Rack, Inc.. (Okuley, Joseph) |
| Filing 57 REPLY TO RESPONSE REGARDING THE ORDER TO SHOW CAUSE by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Attachments: #1 Affidavit Declaration of C. Dennis Loomis in Support of Defendants' Reply to Max Rack Response to Order to Show Cause Re: Dismissal, #2 Exhibit Exhibit A to C. Dennis Loomis Declaration, #3 Exhibit Exhibit B to C. Dennis Loomis Declaration, #4 Exhibit Exhibit C to C. Dennis Loomis Declaration, #5 Exhibit Exhibit D to C. Dennis Loomis Declaration) (Loomis, C.) Modified TEXT on 10/29/2019 (jlk). |
| Filing 55 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Max Rack, Inc.. (Okuley, Joseph) |
| Filing 54 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Max Rack, Inc.. (Okuley, Joseph) |
| Filing 56 ACKNOWLEDGMENT OF SERVICE Executed by Max Rack, Inc. as to #52 Order. Certified mail receipt 7009 2820 0003 5798 3483. (jlk) |
| Filing 53 Declaration of C. Dennis Loomis regarding Account of Costs Incurred by Defendants for 10/16/2019 Settlement Conference by Defendant Core Health & Fitness, LLC per the #53 Court's Order. (Loomis, C.) Modified entry on 10/23/2019 (sem). |
| Set/Reset Deadlines: Show Cause Response due by 10/30/2019. (jlk) |
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Filing 52
ORDER directing Plaintiff within fourteen (14) days of this Order, to show cause in writing why this case should not be dismissed without prejudice for a failure to prosecute. If Plaintiff fails to respond in writing by the October 30, 2019 deadline, Defendants will have seven (7) days thereafter to file a motion petitioning the Court to dismiss this case with prejudice. Directing Defendants to submit to the Court within 7 days an account of costs associated with their appearance at the 10/16/2019 Settlement Conference. Plaintiff's attorney, Joseph P. Okuley may be assessed these costs. Signed by Chief Judge Algenon L. Marbley on 10/16/2019. (cw)
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Filing 51
ORDER SETTING TRIAL DATE AND SETTLEMENT CONFERENCE: Final Pretrial Conference set for 12/2/2019 11:00 AM in Chambers before Chief Judge Algenon L. Marbley, Jury Trial set for 12/9/2019 09:00 AM in Courtroom 1 - Columbus before Chief Judge Algenon L. Marbley, Settlement Week Conference on 10/16/2019 at 09:30 AM. Signed by Chief Judge Algenon L. Marbley on 09/17/2019. (Attachments: #1 Exhibit A, #2 Exhibit B) (cw)
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Filing 50
ORDER granting in part and denying in part #34 Motion for Summary Judgment; denying #35 Motion for Summary Judgment. Count Three (False Advertising) and Count Four (Trademark Misuse) of the Complaint are hereby DISMISSED. The Court also DISMISSES Plaintiffs claims under the Ohio Deceptive Trade Practices Act 4165.02(A)(7) (Misrepresentation) and 4165.02(A)(10)(Disparagement). Signed by Chief Judge Algenon L. Marbley on 9/17/2019. (cw)
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Filing 49
ORDER CANCELING Oral Argument on the Motions for Summary Judgment re #48 Order Setting Hearing on Motions. The Court will rule on the Motions #34 and #35 based upon the arguments outlined in the briefs. Signed by Judge Algenon L. Marbley on 7/19/2019. (cw)
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Filing 48
ORDER Resetting Hearing on Motions #35 MOTION for Summary Judgment, #34 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment of Defendants Core Health & Fitness, LLC, Star Trac Strength, Inc. and Kevin Corbalis: Motions Hearing reset for 7/24/2019 10:00 AM in Courtroom 1 - Columbus before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 5/22/2019. (cw)
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| Filing 47 NOTICE by Defendants Core Health & Fitness, LLC, John Doe, Star Trac Strength, Inc. Notice of Withdrawal and Substitution of Trial Attorney (Samuels, Andrew) |
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Filing 46
ORDER Setting Hearing on Motion #35 MOTION for Summary Judgment, #34 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment of Defendants Core Health & Fitness, LLC, Star Trac Strength, Inc. and Kevin Corbalis: Motion Hearing set for 8/2/2019 02:00 PM in Courtroom 1 - Columbus before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 4/5/2019. (cw)
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| NOTICE TERMINATING 43 Telephone Conference. (agm) |
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Filing 45
ORDER denying #38 Motion for Leave to File, and Plaintiffs proposed Motion in Opposition to Defendants Motion for Summary Judgment (ECF No. 41) is hereby STRICKEN. Signed by Judge Algenon L. Marbley on 1/18/2019. (cw)
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| Filing 44 RESPONSE in Opposition re #38 MOTION for Leave to File Defendants Opposition to Plaintiff Max Racks Motion for Leave to File Its Memorandum in Opposition Out of Time, and Motion to Strike Time-Barred Documents Filed Without Leave by Max Rack filed by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) |
| Filing 42 RESPONSE in Opposition re #38 MOTION for Leave to File , #34 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment of Defendants Core Health & Fitness, LLC, Star Trac Strength, Inc. and Kevin Corbalis, #35 MOTION for Summary Judgment Exhibits 201-209 filed by Plaintiff Max Rack, Inc.. (Attachments: #1 Exhibit 201, #2 Exhibit 202, #3 Exhibit 203, #4 Exhibit 204, #5 Exhibit 206, #6 Exhibit 207, #7 Exhibit 208, #8 Exhibit 209) (Okuley, Joseph) |
| Filing 41 STRICKEN PER ORDER #45 : RESPONSE in Opposition re #34 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment of Defendants Core Health & Fitness, LLC, Star Trac Strength, Inc. and Kevin Corbalis, #38 MOTION for Leave to File filed by Plaintiff Max Rack, Inc.. (Okuley, Joseph) Modified access on 1/22/2019 (jlk). |
| Filing 40 Supplemental Memorandum Supporting re #38 MOTION for Leave to File , #34 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment of Defendants Core Health & Fitness, LLC, Star Trac Strength, Inc. and Kevin Corbalis Including 10 exhibits 113-164 filed by Plaintiff Max Rack, Inc.. (Attachments: #1 Exhibit 113, #2 Exhibit 114, #3 Exhibit 115, #4 Exhibit 116, #5 Exhibit 117, #6 Exhibit 140, #7 Exhibit 144, #8 Exhibit 145, #9 Exhibit 147, #10 Exhibit 164) (Okuley, Joseph) |
| Filing 39 RESPONSE in Opposition re #38 MOTION for Leave to File , #34 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment of Defendants Core Health & Fitness, LLC, Star Trac Strength, Inc. and Kevin Corbalis Memorandum in Opposition filed by Plaintiff Max Rack, Inc.. (Attachments: #1 Exhibit 101, #2 Exhibit 102, #3 Exhibit 103, #4 Exhibit 105, #5 Exhibit 106, #6 Exhibit 108, #7 Exhibit 109, #8 Exhibit 110, #9 Exhibit 111, #10 Exhibit 112) (Okuley, Joseph) |
| Filing 38 MOTION for Leave to File by Plaintiff Max Rack, Inc.. (Okuley, Joseph) |
| Filing 37 REPLY to Response to Motion re #34 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment of Defendants Core Health & Fitness, LLC, Star Trac Strength, Inc. and Kevin Corbalis Reply of Defendants in Support of Defendants' Motion for Summary Judgment filed by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) |
| Filing 36 RESPONSE in Opposition re #35 MOTION for Summary Judgment Defendants' Memorandum in Opposition to Plaintiff's Motion for Summary Judgment filed by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Loomis, C.) |
| Filing 35 MOTION for Summary Judgment by Plaintiff Max Rack, Inc.. (Okuley, Joseph) |
| Filing 34 MOTION for Summary Judgment and Memorandum in Support of Motion for Summary Judgment of Defendants Core Health & Fitness, LLC, Star Trac Strength, Inc. and Kevin Corbalis by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Attachments: #1 Supplement Memorandum in Support of Motion for Summary Judgment of Defendants Core Health & Fitness, LLC, Star Trac Strength, Inc. and Kevin Corbalis, #2 Affidavit Reed Brown Declaration, #3 Exhibit Exhibit A to Reed Brown Declaration, #4 Exhibit Exhibit B to Reed Brown Declaration, #5 Exhibit Exhibit C to Reed Brown Declaration, #6 Exhibit Exhibit D to Reed Brown Declaration, #7 Exhibit Exhibit E to Reed Brown Declaration, #8 Affidavit Scott Winegardner Declaration, #9 Exhibit Exhibit A to Scott Winegardner Declaration, #10 Affidavit Erin O'Brien Declaration, #11 Appendix Dennis Loomis Declaration, #12 Exhibit Exhibit A to Dennis Loomis Declaration, #13 Exhibit Exhibit B to Dennis Loomis Declaration) (Loomis, C.) |
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Filing 33
ORDER - Counsel to confer within five (5) business days and inform the Court via email by 11/17/2018 if case should not be set for December 2018 Settlement Week. Signed by Magistrate Judge Chelsey M. Vascura on 11/5/2018. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 32
NOTATION ORDER granting #31 Motion for Extension of Time to file dispositive motions. By Magistrate Judge Chelsey M. Vascura on 11/2/2018. (agm)
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| Set/Reset Deadlines: Dispositive motions due by 11/16/2018. (agm) |
| Filing 31 Unopposed MOTION for Extension of Time New date requested 11/16/2018. by Plaintiff Max Rack, Inc.. (Okuley, Joseph) |
| Filing 30 NOTICE by Plaintiff Max Rack, Inc. of Withdrawal of Counsel (Okuley, John) |
| Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Status Conference held on 9/17/2018. (agm) |
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Filing 29
ORDER memorializing the 9/17/2018 telephonic conference. The Court modified the discovery deadline to OCTOBER 12, 2018. In addition, the parties are ORDERED to exchange proposed dates for the depositions identified above ON OR BEFORE SEPTEMBER 24, 2018. Signed by Magistrate Judge Chelsey M. Vascura on 9/17/2018. (daf)
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ORDER denying as moot #27 Motion to Compel. See Doc. #29 for the Document. Signed by Magistrate Judge Chelsey M. Vascura on 9/17/2018. (daf)
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| Filing 28 NOTICE of Hearing: Status Conference set for 9/17/2018 at 2:00 PM via Teleconference before Magistrate Judge Chelsey M. Vascura. (agm) |
| Filing 27 MOTION to Compel Rule 30(B)(6) Deposition of Plaintiff Max Rack, Inc. and For Sanctions by Defendant Core Health & Fitness, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Text of Proposed Order) (Samuels, Andrew) Modified filers on 9/13/2018 (er). |
| Filing 26 NOTICE of Appearance by Andrew Evan Samuels for Defendants Kevin Corbalis, Core Health & Fitness, LLC, John Doe, Star Trac Strength, Inc. (Samuels, Andrew) |
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Filing 25
ORDER memorializing the telephonic discovery conference on March 2, 2018. Plaintiff's counsel represented that Plaintiff will, within fourteen days, supplement its responses to the at-issue discovery requests. Signed by Magistrate Judge Chelsey M. Vascura on 3/5/2018. (kpt)
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| Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Discovery Conference held on 3/2/2018. (agm) |
| Filing 24 NOTICE of Hearing: Discovery Conference set for 3/2/2018 at 10:30 AM via Teleconference before Magistrate Judge Chelsey M. Vascura. (agm) |
| Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Settlement Conference held on 9/13/2017. Parties currently at impasse. Will engage in additional discovery. Additional mediation in future is recommended. (sln) |
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Filing 23
ORDER - Settlement Conference set for 9/13/2017 10:00 AM before Magistrate Judge Elizabeth Preston Deavers. United States District Court, 85 Marconi Boulevard, Room 208, Columbus, Ohio 43215. Signed by Magistrate Judge Elizabeth Preston Deavers on August 14, 2017. (jlk)
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Filing 22
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Chelsey M. Vascura on 8/1/2017. (kdp)
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| Filing 21 Joint MOTION for Protective Order Joint Motion for Entry of Stipulated Protective Order by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Attachments: #1 Exhibit Exhibit A - Stipulated Protective Order, #2 Exhibit Exhibit B - Authorization to Sign) (Hilsheimer, Lauren) |
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Filing 20
ORDER - Counsel to confer within five (5) business days and inform the Court via email by 8/4/2017 if case should not be set for September 2017 Settlement Week. Signed by Magistrate Judge Chelsey M. Vascura on 7/26/2017. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 19
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Chelsey M. Vascura for all further proceedings. Magistrate Judge Terence P. Kemp no longer assigned to case. Signed by Chief Judge Edmund A. Sargus on 6/30/17. (jcw)
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| Filing 18 NOTICE of Change of Address by Lauren Marie Hilsheimer (Hilsheimer, Lauren) |
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Filing 17
PRELIMINARY PRETRIAL ORDER: This case is referred to the SEPTEMBER 2017 SETTLEMENT WEEK. Joinder of Parties & Motions to Amend due by 9/10/2017. Primary Expert due by 8/1/2018. Rebuttal Expert due by 9/1/2018. Fact Discovery due by 7/1/2018. Expert Discovery due by 10/1/2018. Dispositive motions due by 11/1/2018. Signed by Magistrate Judge Terence P. Kemp on 5/31/2017. (agm)
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| Initial Pretrial Conference held on 5/30/2017 before Magistrate Judge Terence P. Kemp. (jv) |
| Filing 16 RULE 26(f) REPORT of the Parties by Plaintiff Max Rack, Inc.. (Okuley, John) |
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Filing 15
ORDER granting #14 Motion for Leave to Appear Pro Hac Vice of C. Dennis Loomis. Signed by Magistrate Judge Terence P. Kemp on 4/18/2017. (agm)
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| Filing 14 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5918267) of C. Dennis Loomis by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Hilsheimer, Lauren) |
| Filing 13 NOTICE of Hearing: Initial Conference of the parties set for 5/30/2017 @ 2:00 PM before Magistrate Judge Terence P. Kemp. (Attachments: #1 Exhibit, #2 Exhibit) (sh) |
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Filing 12
ORDER granting #9 Motion for Extension of Time to File Responsive Pleading by 4/26/2017. Signed by Magistrate Judge Terence P. Kemp on 4/4/2017. (agm)
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| Filing 11 ANSWER to #1 Complaint filed by Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Hilsheimer, Lauren) |
| Filing 10 Corporate Disclosure Statement by Defendant Core Health & Fitness, LLC. (Hilsheimer, Lauren) |
| Filing 9 MOTION for Extension of Time to File Response/Reply New date requested 4/26/2017. by Defendants Kevin Corbalis, Core Health & Fitness, LLC, Star Trac Strength, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for an Extension of Time to Move or File a Responsive Pleading) (Hilsheimer, Lauren) |
| Filing 8 NOTICE of Appearance by Lauren Marie Hilsheimer for Defendants Kevin Corbalis, Star Trac Strength, Inc. (Hilsheimer, Lauren) |
| Filing 7 NOTICE of Appearance by Lauren Marie Hilsheimer for Defendant Core Health & Fitness, LLC (Hilsheimer, Lauren) |
| Filing 6 AFFIDAVIT of Service for Complaint served on Core Health, StarTrac on March 15, 2017, filed by Plaintiff Max Rack, Inc.. (Attachments: #1 Affidavit of Service of Core Health, #2 Affidavit of Service of StarTrac) (Okuley, John) |
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Filing 5
ORDER - The Court ORDERS that plaintiff show good cause within fourteen days why this action should not be dismissed and why an extension of time to effect service should be allowed. Signed by Magistrate Judge Terence P. Kemp on 3/16/2017. (agm)
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| Filing 4 Summons Issued as to Kevin Corbalis, Core Health & Fitness, LLC and Star Trac Strength, Inc.. (Attachments: #1 Summons Form, #2 Summons Form) (sem) |
| Filing 3 REQUEST for Issuance of Summons. for three defendants (Attachments: #1 Summons Form Summons for Core Health, #2 Summons Form Summons for Kevin Corbalis) (Okuley, John) |
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Filing 2
ORDER transferring case to the Eastern Division at Columbus for reassignment to a Judge at that location. Signed by Judge Timothy S. Black on 10/21/16. (sct)
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| Case transferred in from Cincinnati Division on 10/21/2016 Case Number 1:16-cv-1012. Case assigned to Judge Algenon L. Marbley and Magistrate Judge Terence P. Kemp. (sct) |
| Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-5699947), filed by Max Rack, Inc. (Attachments: #1 Civil Cover Sheet) (Okuley, John) Modified docket text on 10/20/2016 (jee). |
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