Entrepreneur Media, Inc. v. Rugged Entrepreneur, LLC et al
| Entrepreneur Media, Inc. |
| Rugged Entrepreneur, LLC, BoxDrop, LLC., Retail Service Systems, Inc., Carlton Scott Andrew and Does 1-10 |
| 2:2021cv05868 |
| December 22, 2021 |
| US District Court for the Southern District of Ohio |
| Edmund A Sargus |
| Chelsey M Vascura |
| Trademark |
| 15 U.S.C. § 1114 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 54 REPORT AND RECOMMENDATION re #1 Complaint filed by Entrepreneur Media, Inc. It is RECOMMENDED that this action be DISMISSED WITHOUT PREJUDICE against Does 1-10 pursuant to Rule 4(m) for failure to timely effect service of process. Objections to R&R due by 2/2/2022. Signed by Magistrate Judge Chelsey M. Vascura on 1/19/2022. (daf) |
Filing 53
ORDER granting (20) Motion to Consolidate Cases in case 2:21-cv-04162-EAS-CMV; granting (52) Motion to Consolidate Cases in case 2:21-cv-05868-EAS-CMV. The case schedule of Entrepreneur I, (ECF No. 16), shall control the consolidated action. Signed by Judge Edmund A. Sargus on 1/11/2022. Associated Cases: 2:21-cv-04162-EAS-CMV, 2:21-cv-05868-EAS-CMV (cmw)
|
| Filing 52 Unopposed MOTION to Consolidate Cases by Defendants Carlton Scott Andrew, BoxDrop, LLC., Retail Service Systems, Inc.. (Attachments: #1 Text of Proposed Order Order Consolidating Actions) (Arnold, Gordon) |
|
Filing 51
SCHEDULING ORDER: The Court amends the case schedule previously entered by the Northern District of Georgia (ECF No. #32 ) as follows - The 11/1/2022 Jury Trial and 10/17/2022 Final Pretrial Conference are VACATED; Joinder of Parties & Motions to Amend due by 4/29/2022; Primary Expert due by 8/1/2022; Rebuttal Expert due by 8/29/2022; Discovery (Expert) due by 9/26/2022; Discovery (Fact) due by 7/18/2022; Dispositive motions due by 9/12/2022; Settlement Demand due by 6/1/2022; Response to Settlement Demand due by 6/15/2022; Case is referred to Mediation in 7/2022. Signed by Magistrate Judge Chelsey M. Vascura on 1/4/2022. (kk2)
|
|
Filing 50
ORDER TO SHOW CAUSE: Plaintiff is to show cause w/in fourteen (14) days why the Court should not dismiss this action against Does 1-10 for failure to effect service, and it should allow an extension of time to effect service. Show Cause Response due by 1/18/2022. Signed by Magistrate Judge Chelsey M. Vascura on 1/4/2022. (kk2)
|
| Filing 49 Case transferred in from District of California Central; Case Number 8:21-cv-00390. Original file electronic copy of transfer order and docket sheet received. |
| Case transferred in from District of USDC Central District of California; Case Number 8:21-cv-390. Original file with documents numbered 1-49, electronic copy of transfer order and docket sheet received.. (pb) |
|
Filing 48
MINUTES [IN CHAMBERS] Order Regarding Motion to Transfer #44 by Judge James V. Selna granting #44 MOTION to Transfer Case: For the foregoing reasons, the Court GRANTS the motion to transfer the action to the Southern District of Ohio. (see document for further details) MD JS-6. Case Terminated. (bm) [Transferred from California Central on 12/22/2021.]
|
| Filing 47 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Ohio, Eastern Division #44 filed by Defendant Retail Service Systems, Inc.. (Arnold, Gordon) [Transferred from California Central on 12/22/2021.] |
| Filing 46 AMENDED ANSWER and AMENDED COUNTERCLAIM to Amended Complaint/Petition #28 filed by Defendant Retail Service Systems, Inc.. (Arnold, Gordon) [Transferred from California Central on 12/22/2021.] |
| Filing 45 OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Ohio, Eastern Division #44 filed by Plaintiff Entrepreneur Media, Inc.. (Attachments: #1 Declaration of Patrick C. Justman)(Barry, Jennifer)[Transferred from California Central on 12/22/2021.] |
| Filing 44 NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Ohio, Eastern Division filed by defendant Retail Service Systems, Inc.. Motion set for hearing on 1/3/2022 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Carlton Scott Andrew, #3 Exhibit 1 to Decl of Carlton Scott Andrew, #4 Proposed Order) (Brooks, Samuel) [Transferred from California Central on 12/22/2021.] |
|
Filing 43
ORDER EXTENDING TIME TO FILE (1) RESPONSE TO COUNTERCLAIM; AND (2) AMENDED ANSWER TO SECOND AMENDED COMPLAINT by Judge James V. Selna. The Court, hereby ORDERS that: 1. Defendant / Counterclaimant Retail Services Systems, Inc. shall have up to and including December 17, 2021 to file its Amended Answer to EMI's Second Amended Complaint; and 2. Plaintiff / Counter defendant Entrepreneur Media, Inc. shall have up to and including January 19, 2022 in which to respond to Defendant /Counterclaimant's Counterclaim and Amended Answer. Granting Stipulation for Order #42 . (es) [Transferred from California Central on 12/22/2021.]
|
| Filing 42 STIPULATION for Order to Extend Time to File (1) Response to Counterclaim; and (2) Amended Answer to Second Amended Complaint filed by Plaintiff Entrepreneur Media, Inc.. (Attachments: #1 Proposed Order)(Justman, Patrick) [Transferred from California Central on 12/22/2021.] |
| DUPLICATE ENTRY COUNTERCLAIM against Defendant Retail Service Systems, Inc. filed by Plaintiff Entrepreneur Media, Inc.. ANSWER AND COUNTERCLAIM OF RETAIL SERVICE SYSTEMS, INC. TO PLAINTIFF'S SECOND AMENDED COMPLAINT SEE DOCUMENT #41 (es)[Transferred from California Central on 12/22/2021.] |
| Filing 41 ANSWER to Amended Complaint/Petition #28 JURY DEMAND. filed by Defendant Retail Service Systems, Inc..(Brooks, Samuel) [Transferred from California Central on 12/22/2021.] |
|
Filing 40
ORDER by Judge James V. Selna: Granting #38 Non-Resident Attorney Gordon D. Arnold APPLICATION to Appear Pro Hac Vice on behalf of Retail Service Systems, Inc., Defendant(s), designating Samuel G. Brooks as local counsel. (es) [Transferred from California Central on 12/22/2021.]
|
|
Filing 39
ORDER by Judge James V. Selna: Granting #37 Non-Resident Attorney Carl A. Anthony APPLICATION to Appear Pro Hac Vice on behalf of Retail Service Systems, Inc., Defendant(s) designating Samuel G. Brooks as local counsel. (es) [Transferred from California Central on 12/22/2021.]
|
| Filing 38 APPLICATION of Non-Resident Attorney Gordon Dale Arnold to Appear Pro Hac Vice on behalf of Defendant Retail Service Systems, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32298687) filed by Defendant Retail Service Systems, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Brooks, Samuel) [Transferred from California Central on 12/22/2021.] |
| Filing 37 APPLICATION of Non-Resident Attorney Carl Andrew Anthony to Appear Pro Hac Vice on behalf of Defendant Retail Service Systems, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32297874) filed by Defendant Retail Service Systems, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Brooks, Samuel) [Transferred from California Central on 12/22/2021.] |
|
Filing 36
ORDER RE: THIRD CONTINUANCEOF RESPONSE DEADLINE, #35 by Judge James V. Selna. Defendant Retail Service Systems, Inc. answer due 11/19/2021. (es) [Transferred from California Central on 12/22/2021.]
|
| Filing 35 Third STIPULATION to Continue Defendant Retail Service Systems, Inc.'s deadline to respond to the Second Amended Complaint from 10/21/2021 to 11/19/2021 Re: Amended Complaint/Petition #28 filed by Defendant Retail Service Systems, Inc.. (Attachments: #1 Proposed Order)(Brooks, Samuel) [Transferred from California Central on 12/22/2021.] |
| Filing 34 STIPULATION to Continue deadline for Defendant Retail Service Systems, Inc. to respond to Second Amended Complaint from 09/24/21 to 10/21/21 filed by Defendant Retail Service Systems, Inc.. (Attachments: #1 Proposed Order)(Brooks, Samuel) [Transferred from California Central on 12/22/2021.] |
|
Filing 33
MINUTES [IN CHAMBERS] ORDER RE SCHEDULING DATES by Judge James V. Selna: The Court has read and considered the parties Rule 26(f) Report #31 and sets the following dates: Jury Trial November 1, 2022 at 8:30 a.m. Final PreTrial Conference October 17, 2022 at 11:00 a.m. Discovery Cut-off July 18, 2022. Expert Discovery Cut-off September 26, 2022. Law and Motion Cut-off September 12, 2022 at 1:30 p.m. The Court orders that any settlement discussions shall be completed not later than July 15, 2022. The Scheduling Conference set for September 13, 2021 at 10:30 a.m. is VACATED. [See document for further details and deadlines.] (es) [Transferred from California Central on 12/22/2021.]
|
|
Filing 32
ORDER FOR JURY TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL before Judge James V. Selna. (See Document for Details and Deadlines) (lb) [Transferred from California Central on 12/22/2021.]
|
| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-7 days, filed by Plaintiff Entrepreneur Media, Inc... (Justman, Patrick) [Transferred from California Central on 12/22/2021.] |
|
Filing 30
ORDER RE: CONTINUANCE OF RESPONSE DEADLINE #29 by Judge James V. Selna, the deadline for Defendant Retail Service Systems, Inc. to respond to the Second Amended Complaint is continued to September 24, 2021. (es) [Transferred from California Central on 12/22/2021.]
|
| Filing 29 STIPULATION to Continue Deadline for Defendant to Respond to the Second Amended Complaint from August 26, 2021 to September 24, 2021 Re: Amended Complaint/Petition #28 filed by Defendant Retail Service Systems, Inc.. (Attachments: #1 Proposed Order)(Brooks, Samuel) [Transferred from California Central on 12/22/2021.] |
| Filing 28 SECOND AMENDED COMPLAINT against Defendant Retail Service Systems, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Entrepreneur Media, Inc.(Viscounty, Perry) [Transferred from California Central on 12/22/2021.] |
|
Filing 27
ORDER RE: SCHEDULING CONFERENCE by Judge James V. Selna. On stipulation of the parties and good cause appearing, the scheduling conference in this matter is continued to September 13, 2021, at 10:30 AM. Counsel shall file the Joint Rule 26 Meeting report, with the completed Exhibit A, by September 3, 2021. #26 (es) [Transferred from California Central on 12/22/2021.]
|
| Filing 26 Joint STIPULATION to Continue Scheduling Conference from August 2, 2021 to September 6, 2021 filed by plaintiff Entrepreneur Media, Inc.. (Attachments: #1 Proposed Order)(Justman, Patrick) [Transferred from California Central on 12/22/2021.] |
|
Filing 25
MINUTES [IN CHAMBERS] Order Regarding Motion to Dismiss #20 by Judge James V. Selna: The Court posted its tentative order on its public website, inviting parties to request a hearing on the matter. Neither party responded. For the following reasons, the Court GRANTS in part and DENIES in part this motion. [See document for details.] (es) [Transferred from California Central on 12/22/2021.]
|
| Filing 24 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #20 filed by Defendants Carlton Scott Andrew, BoxDrop, LLC, Does, Retail Service Systems, Inc., Rugged Entrepreneur, LLC. (Attorney Anurita Singh Varma added to party Carlton Scott Andrew(pty:dft), Attorney Anurita Singh Varma added to party BoxDrop, LLC(pty:dft), Attorney Anurita Singh Varma added to party Does(pty:dft), Attorney Anurita Singh Varma added to party Retail Service Systems, Inc.(pty:dft), Attorney Anurita Singh Varma added to party Rugged Entrepreneur, LLC(pty:dft))(Varma, Anurita) [Transferred from California Central on 12/22/2021.] |
| Filing 23 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #20 filed by Plaintiff Entrepreneur Media, Inc.. (Attachments: #1 Declaration of Adam A. Herrera in Support)(Barry, Jennifer) [Transferred from California Central on 12/22/2021.] |
| Filing 22 NOTICE of Interested Parties filed by defendants Carlton Scott Andrew, BoxDrop, LLC, Retail Service Systems, Inc., Rugged Entrepreneur, LLC, (Brooks, Samuel) [Transferred from California Central on 12/22/2021.] |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #20 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) [Transferred from California Central on 12/22/2021.] |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by defendants Carlton Scott Andrew, BoxDrop, LLC, Retail Service Systems, Inc., Rugged Entrepreneur, LLC. Motion set for hearing on 7/12/2021 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum, #2 Declaration of Gerrod Bede, #3 Declaration of Scott Andrew, #4 Proposed Order) (Brooks, Samuel) [Transferred from California Central on 12/22/2021.] |
|
Filing 19
ORDER RE: SCHEDULING CONFERENCE by Judge James V. Selna, re Stipulation to Continue #18 : On stipulation of the parties and good cause appearing, the scheduling conference in this matter is continued to August 2, 2021, at 10:30 am. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by July 26, 2021. (bm) [Transferred from California Central on 12/22/2021.]
|
| Filing 18 STIPULATION to Continue Scheduling Conference from June 7, 2021 to August 2, 2021 Re: Initial Order Setting R26 Scheduling Conference - form only #10 filed by Defendants Carlton Scott Andrew, BoxDrop, LLC, Retail Service Systems, Inc., Rugged Entrepreneur, LLC. (Attachments: #1 Proposed Order)(Attorney Samuel G Brooks added to party Carlton Scott Andrew(pty:dft), Attorney Samuel G Brooks added to party BoxDrop, LLC(pty:dft), Attorney Samuel G Brooks added to party Retail Service Systems, Inc.(pty:dft), Attorney Samuel G Brooks added to party Rugged Entrepreneur, LLC(pty:dft))(Brooks, Samuel) [Transferred from California Central on 12/22/2021.] |
| Filing 17 FIRST AMENDED COMPLAINT against Defendants Carlton Scott Andrew, BoxDrop, LLC, Does, Retail Service Systems, Inc., Rugged Entrepreneur, LLC amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Entrepreneur Media, Inc.(Viscounty, Perry) [Transferred from California Central on 12/22/2021.] |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Adam Alexander Herrera counsel for Plaintiff Entrepreneur Media, Inc.. Adding Adam A. Herrera as counsel of record for Plaintiff Entrepreneur Media, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff Entrepreneur Media, Inc.. (Attorney Adam Alexander Herrera added to party Entrepreneur Media, Inc.(pty:pla))(Herrera, Adam) [Transferred from California Central on 12/22/2021.] |
| Filing 15 STIPULATION Extending Time to Answer the complaint as to Carlton Scott Andrew answer now due 6/9/2021; BoxDrop, LLC answer now due 6/9/2021; Retail Service Systems, Inc. answer now due 6/9/2021; Rugged Entrepreneur, LLC answer now due 6/9/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Entrepreneur Media, Inc..(Barry, Jennifer) [Transferred from California Central on 12/22/2021.] |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by Plaintiff Entrepreneur Media, Inc.. upon Rugged Entrepreneur, LLC waiver sent by Plaintiff on 3/11/2021, answer due 5/10/2021. Waiver of Service signed by Gerrod Bede. (Justman, Patrick) [Transferred from California Central on 12/22/2021.] |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by Plaintiff Entrepreneur Media, Inc.. upon Retail Service Systems, Inc. waiver sent by Plaintiff on 3/11/2021, answer due 5/10/2021. Waiver of Service signed by Gerrod Bede. (Justman, Patrick) [Transferred from California Central on 12/22/2021.] |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Plaintiff Entrepreneur Media, Inc.. upon Carlton Scott Andrew waiver sent by Plaintiff on 3/11/2021, answer due 5/10/2021. Waiver of Service signed by Gerrod Bede. (Justman, Patrick) [Transferred from California Central on 12/22/2021.] |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by Plaintiff Entrepreneur Media, Inc.. upon BoxDrop, LLC waiver sent by Plaintiff on 3/11/2021, answer due 5/10/2021. Waiver of Service signed by Gerrod Bede. (Justman, Patrick) [Transferred from California Central on 12/22/2021.] |
|
Filing 10
Order Setting Rule 26(f) Scheduling Conference for 06/7/2021 at 10:30am am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 5/31/2021. (kdu) [Transferred from California Central on 12/22/2021.]
|
| Filing 9 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) [Transferred from California Central on 12/22/2021.] |
| Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Carlton Scott Andrew, BoxDrop, LLC, Retail Service Systems, Inc., Rugged Entrepreneur, LLC. (Attachments: #1 Summons as to Defendant Boxdrop, LLC, #2 Summons as to Defendant Retail Service Systems, Inc., #3 Summons as to Defendant Carlton Scott Andrew) (lh) [Transferred from California Central on 12/22/2021.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) [Transferred from California Central on 12/22/2021.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Autumn D. Spaeth. (lh) [Transferred from California Central on 12/22/2021.] |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Entrepreneur Media, Inc.. (Attachments: #1 Proposed Summonses)(Viscounty, Perry) [Transferred from California Central on 12/22/2021.] |
| Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Entrepreneur Media, Inc.. (Viscounty, Perry) [Transferred from California Central on 12/22/2021.] |
| Filing 3 CERTIFICATE of Interested Parties filed by Plaintiff Entrepreneur Media, Inc., (Viscounty, Perry) [Transferred from California Central on 12/22/2021.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Entrepreneur Media, Inc.. (Viscounty, Perry) [Transferred from California Central on 12/22/2021.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-30782609 - Fee: $402, filed by Plaintiff Entrepreneur Media, Inc.. (Attorney Perry J Viscounty added to party Entrepreneur Media, Inc.(pty:pla))(Viscounty, Perry) [Transferred from California Central on 12/22/2021.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
