Moran Foods, LLC v. Sunshine Stores, LLC et al
| Moran Foods, LLC doing business as Save-A-Lot |
| Muhammad Babar Chaudhry and Sunshine Stores, LLC |
| 2:2024cv04080 |
| October 17, 2024 |
| U.S. District Court for the Southern District of Ohio |
| Algenon L Marbley |
| Chelsey M Vascura |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Filing 37 Supplemental Memorandum Supporting Status Report and Rebuttal by Defendant Sunshine Stores, LLC. (Attachments: #1 Exhibit Audit Itemization) (Spoonster, Joseph) |
| Filing 36 STATUS REPORT and Rebuttal by Defendant Sunshine Stores, LLC. (Attachments: #1 Exhibit Store list, #2 Exhibit Counsel email chain, #3 Exhibit RDS email exchange) (Spoonster, Joseph) |
| Filing 35 STATUS REPORT by Plaintiff Moran Foods. (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 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R) (Carwin, Michael) Modified by correcting filer party on 12/5/2024 (mas). |
| Filing 34 Response to Defendants' Objections to Magistrate Judge's Report and Recommendations by Plaintiff Moran Foods, LLC. (Carwin, Michael) |
| Filing 33 Response to Plaintiff's Objections to Report and Recommendations by Defendant Sunshine Stores, LLC. (Spoonster, Joseph) |
| OBJECTION to #27 Report and Recommendations by Plaintiff Moran Foods, LLC.***See ECF #32 for document.*** This entry created to use the proper event "OBJECTION to Report and Recommendations", which can be found under the "Other Answers" section of CM/ECF. (agm) |
| OBJECTION to #27 Report and Recommendations by Defendant Sunshine Stores, LLC.***See ECF #31 for document.*** This entry created to use the proper event "OBJECTION to Report and Recommendations", which can be found under the "Other Answers" section of CM/ECF. (agm) |
| Filing 32 Objection to Magistrate Judge Order re #27 REPORT AND RECOMMENDATIONS re #6 MOTION for Preliminary Injunction filed by Moran Foods, LLC by Plaintiff Moran Foods, LLC. (Carwin, Michael) |
| Filing 31 Reply and Objections to Order and Report and Recommendation and Bond Brief by Defendant Sunshine Stores, LLC. (Spoonster, Joseph) |
| Filing 29 Transcript of Telephonic Status Conference Proceedings held on November 12, 2024, before 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 12/9/2024. Redacted Transcript Deadline set for 12/19/2024. Release of Transcript Restriction set for 2/18/2025. (Evans, Shawna) |
Filing 28
ORDER - re #17 Order Setting Hearing on Motion is AMENDED as follows: Objections to #27 R&R due by 11/19/2024. Responses to Objections due by 11/22/2024. Signed by District Judge Algenon L Marbley on 11/13/2024. (mas)
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Filing 27
ORDER and REPORT AND RECOMMENDATION re #6 MOTION for Preliminary Injunction filed by Moran Foods, LLC. It is RECOMMENDED that Plaintiff's Motion for Preliminary Injunction (ECF No. 6) be GRANTED IN PART and DENIED IN PART. Specifically, it is RECOMMENDED that Defendants be ENJOINED, during the pendency of this litigation, from continuing to sell Plaintiff's private label products bearing SAL Marks. As part of their responses or objections to this Report and Recommendation, the parties are ORDERED to brief the issue of the appropriate amount of the security under Rule 65(c). Objections to R&R due by 11/27/2024. Signed by Magistrate Judge Chelsey M. Vascura on 11/13/2024. (mas)
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| Filing 25 STIPULATED PRELIMINARY INJUNCTION. Signed by District Judge Algenon L Marbley on 11/12/2024. (cw) |
| Filing 23 Emergency Motion for Contempt and Sanctions by Plaintiff Moran Foods, LLC. (Attachments: #1 Memorandum of Law in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33) (Brophy, Richard) |
| Filing 22 Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Preliminary Injunction Hearing held on 11/4/2024. Report and Recommendations to be issued. (Court Reporter: Shawna Evans) (agm) |
| Filing 21 AFFIDAVIT Of Larry Hood by Defendant Sunshine Stores, LLC. (Attachments: #1 Exhibit Exhibit A - 2023.05.08 Letter, #2 Exhibit Exhibit B - First Amended and Restated Interim Supply Agreement, #3 Exhibit Exhibit C - 2024.10.09 Letter, #4 Exhibit Exhibit D - 2024.10.09 Letter from JRS, #5 Exhibit Exhibit E - Invoice Summary, #6 Exhibit Exhibit F - 2024.10.24 Letter, #7 Exhibit Exhibit G - 2024.10.30 Email) (Spoonster, Joseph) |
| Filing 20 WAIVER OF SERVICE Returned Executed. Waiver sent to Sunshine Stores, LLC on 10/21/2024, answer due 12/20/2024. (Hawkins, Jonathan) |
| Filing 19 WAIVER OF SERVICE Returned Executed. Waiver sent to Muhammad Babar Chaudhry on 10/21/2024, answer due 12/20/2024. (Hawkins, Jonathan) |
| Filing 18 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction filed by Plaintiff Moran Foods, LLC. (Hawkins, Jonathan) |
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Filing 17
ORDER Setting Hearing on Motion for Preliminary Injunction Motion Hearing set for 11/4/2024 10:00 AM in Courtroom 183 - Columbus before Magistrate Judge Chelsey M. Vascura. Plaintiff's Reply in Support of its Motion for Preliminary Injunction is due 11/1/2024; Report and Recommendation due by 11/18/2024; Parties Objections to the R&R are due on 11/22/2024, responses to Objections due 11/27/2024. Signed by District Judge Algenon L Marbley on 10/30/2024. (cw)
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| Filing 16 RESPONSE to Motion re #6 MOTION for Preliminary Injunction filed by Defendants Sunshine Stores, LLC, Muhammad Babar Chaudhry. (Attachments: #1 Exhibit Supplement to Moran Foods Motion for Appointment of a Receiver) (Spoonster, Joseph) |
| Filing 14 NOTICE of Appearance by Joseph R Spoonster for Defendants Sunshine Stores, LLC, Muhammad Babar Chaudhry (Spoonster, Joseph) |
| Filing 12 NOTICE of Appearance by John Bernard Kopf, III for Plaintiff Moran Foods, LLC d/b/a Save-A-Lot (Kopf, John) |
| Filing 11 NOTICE of Appearance by Edward Gerard Babbitt for Plaintiff Moran Foods, LLC d/b/a Save-A-Lot (Babbitt, Edward) |
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Filing 10
NOTATION ORDER granting #8 Motion for Leave to Appear Pro Hac Vice of Michael W. Carwin. PHV counsel are directed to register for e-filing through PACER if they have not already done so. By Magistrate Judge Chelsey M. Vascura on 10/22/24. (ds)
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Filing 9
NOTATION ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Richard L. Brophy. PHV counsel are directed to register for e-filing through PACER unless they have already done so. By Magistrate Judge Chelsey M. Vascura on 10/22/24. (ds)
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10217376) of Michael W. Carwin by Plaintiff Moran Foods, LLC d/b/a Save-A-Lot. (Attachments: #1 Certificate of Good Standing) (Hawkins, Jonathan) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10217375) of Richard L. Brophy by Plaintiff Moran Foods, LLC d/b/a Save-A-Lot. (Attachments: #1 Certificate of Good Standing) (Hawkins, Jonathan) |
| Filing 6 MOTION for Preliminary Injunction by Plaintiff Moran Foods, LLC d/b/a Save-A-Lot. (Attachments: #1 Exhibit A - SAL Employees' Declarations) (Hawkins, Jonathan) |
| Filing 5 Summons Issued as to Muhammad Babar Chaudhry and Sunshine Stores, LLC. (Attachments: #1 Summons Form) (sem) |
| Filing 3 Corporate Disclosure Statement by Plaintiffs Moran Foods, LLC d/b/a Save-A-Lot, SAL Midco, LLC, SAL Topco, LLC identifying Other Affiliate SAL Midco, LLC, Other Affiliate SAL Topco, LLC for Moran Foods, LLC d/b/a Save-A-Lot.. (Hawkins, Jonathan) |
| Filing 2 NOTICE by Plaintiff Moran Foods, LLC d/b/a Save-A-Lot AO 120 Report of Filing of an Action Regarding a Trademark (Hawkins, Jonathan) |
| Filing 1 COMPLAINT with JURY DEMAND against Muhammad Babar Chaudhry, Sunshine Stores, LLC ( Filing fee $ 405 paid - receipt number: AOHSDC-10213315), filed by Moran Foods, LLC d/b/a Save-A-Lot. (Attachments: #1 Exhibit A - License and Supply Agreement, #2 Exhibit B - First Amended and Restated License and Supply Agreement, #3 Exhibit C - Second Amended and Restated License and Supply Agrement, #4 Exhibit D - License and Supply Agreement, #5 Exhibit E - License and Supply Agreement, #6 Exhibit F - Photos, #7 Exhibit G - Photos of Carts, #8 Exhibit H - Photos, #9 Exhibit I-1 - Photos, #10 Exhibit I-2 - Photos, #11 Exhibit I-3 - Photos, #12 Exhibit I-4 - Photos, #13 Exhibit J - Trademark Registrations, #14 Civil Cover Sheet, #15 Summons Form Sunshine Stores, #16 Summons Form Chaudry) (Hawkins, Jonathan) |
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