TELL MANUFACTURING, INC. v. BT MODULAR LLC et al
| TELL MANUFACTURING, INC. |
| BT MODULAR LLC, PDQ INDUSTRIES, INC., WILLIAM TELL, LOGAN TELL, LESLEY REEDER and CORTNEY MILBOURNE |
| 5:2022cv02674 |
| July 8, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| JOHN M GALLAGHER |
| Other Statutes: Other Statutory Actions |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 35 MOTION for Bond Temporary Restraining Order/Preliminary Injunction filed by TELL MANUFACTURING, INC...(O'MEARA, DANIEL) |
Filing 34
STIPULATION AND ORDER THAT PLAINTIFF SHALL HAVE AN EXTENSION OF TIME, UP TO AND INCLUDING SEPTEMBER 8, 2022, WITHIN WHICH TO RESPOND TO THE MOTION TO DISMISS FILED BY DEFENDANTS REEDER AND. MILBOURNE (DOC. 24) AND THE MOTION TO DISMISS FILED BY DEFENDANTS BT MODULAR LLC, PDQ INDUSTRIES INC., WILLIAM TELL AND LOGAN TELL (DOC. 15). ONE PRIOR EXTENSION HAS BEEN GRANTED BY THIS COURT (DOC. 27). SIGNED BY HONORABLE JOHN M. GALLAGHER ON 9/1/22. 9/2/22 ENTERED AND COPIES E-MAILED.(er)
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| Set/Reset Deadlines as to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . RESPONSES DUE BY 9/8/2022. (er) |
| Filing 33 NOTICE OF INITIAL PRETRIAL CONFERENCE. TAKE NOTICE, that a Rule 16 Conference, in the above case has been set as follows: Lead counsel shall appear for a Rule 16 conference in the above-captioned matter on Thursday, October 27, 2022 at 11:00 AM, at the United States District Court located at 504 West Hamilton Street, Suite 4701, Allentown, Pennsylvania. (er) |
| Filing 32 STIPULATION re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by TELL MANUFACTURING, INC.. (Attachments: #1 Certificate of Service)(HICKS, SHAINA) |
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Filing 31
ORDER THAT 1. PLAINTIFF'S MOTION TO EXPEDITE DISCOVERY (ECF NO. 9) IS DENIED. 2. PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION (ECF NO. 25) IS DENIED AS MOOT. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 9/1/22.9/1/22 ENTERED AND COPIES E-MAILED.(er)
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| Filing 30 AGREED PRELIMINARY INJUNCTION. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 9/1/22.9/1/22 ENTERED AND COPIES E-MAILED.(er) |
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Filing 29
ORDER THAT THE PARTIES' STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (ECF NO. 25) IS APPROVED. DEFENDANTS SHALL RESPOND TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION NO LATER THAN AUGUST 31, 2022. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 8/29/22. 8/29/22 ENTERED AND COPIES E-MAILED.(er)
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| Filing 28 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by BT MODULAR LLC, PDQ INDUSTRIES, INC., LOGAN TELL, WILLIAM TELL. (Attachments: #1 Exhibit Exhibit A: Proposed Order)(CONNAUGHTON, RORY) |
| Set/Reset Deadlines as to #25 MOTION for Preliminary Injunction against Defendants. RESPONSES DUE BY 8/31/2022. (er) |
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Filing 27
STIPULATION AND ORDER THAT PLAINTIFF SHALL HAVE AN EXTENSION OF TIME, UP TO AND INCLUDING SEPTEMBER 1, 2022, WITHIN WHICH TO RESPOND TO THE MOTION TO DISMISS FILED BY DEFENDANTS REEDER AND. MILBOURNE (DOC. 24) AND THE MOTION TO DISMISS FILED BY DEFENDANTS BT MODULAR LLC, PDQ INDUSTRIES INC., WILLIAM TELL AND LOGAN TELL (DOC. 15). NO PRIOR EXTENSION HAS BEEN GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 8/19/22. 8/19/22 ENTERED AND COPIES E-MAILED.(er)
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| Set/Reset Deadlines as to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . RESPONSES DUE BY 9/1/2022. (er) |
| Filing 26 STIPULATION for Extension of Time for Plaintiff to Respond to Defendants' Motions to Dismiss by TELL MANUFACTURING, INC.. (Attachments: #1 Certificate of Service)(HICKS, SHAINA) |
| Filing 25 MOTION for Preliminary Injunction against Defendants filed by TELL MANUFACTURING, INC..Memorandum of Law. (Attachments: #1 Memorandum of Law in Support of Motion for Preliminary Injunction, #2 Text of Proposed Order, #3 Certificate of Service)(HICKS, SHAINA) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CORTNEY MILBOURNE, LESLEY REEDER.Memorandum, Certificate of Service. (Attachments: #1 Memorandum In Support, #2 Exhibit A - Proposed Order)(COHEN, BARRY) |
| Filing 23 RESPONSE in Opposition re #9 MOTION to Expedite Discovery filed by CORTNEY MILBOURNE, LESLEY REEDER. (Attachments: #1 Exhibit)(COHEN, BARRY) |
| Filing 22 NOTICE of Appearance by Hope Steidle Kildea on behalf of CORTNEY MILBOURNE, LESLEY REEDER with Certificate of Service(Steidle Kildea, Hope) |
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Filing 21
ORDER OF 8/11/22 THAT AFTER A TELEPHONE CONFERENCE; IT IS HEREBY ORDERED THAT PLAINTIFF SHALL FILE A MOTION FOR PRELIMINARY INJUNCTIVE RELIEF NO LATER THAN AUGUST 16, 2022. DEFENDANTS SHALL RESPOND TO THE MOTION FOR PRELIMINARY INJUNCTIVE RELIEF NO LATER THAN AUGUST 29, 2022. COUNSEL ARE INSTRUCTED TO HOLD THURSDAY, SEPTEMBER 8, 2022, FOR A PRELIMINARY INJUNCTIVE HEARING IN CASE THE COURT DETERMINES THAT A HEARING IS NECESSARY. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 8/11/22. 8/12/22 ENTERED AND COPIES E-MAILED. (DT)
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| Filing 20 Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER: Status Conference held on 8/11/22. Court Reporter: None. (er) |
| Filing 19 Memorandum of Law in Oppsotion re #9 MOTION to Expedite Discovery filed by BT MODULAR LLC, PDQ INDUSTRIES, INC., LOGAN TELL, WILLIAM TELL. (Attachments: #1 Exhibit Exhibit A: Proposed Stipulation, #2 Exhibit Exhibit B: Proposed Order)(MACDONALD, RYAN) |
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Filing 18
ORDER THAT THE PARTIES' STIPULATION EXTENDING DEFENDANTS LESLEY REEDER'S AND CORTNEY MILBOURNE'S TIME TO RESPOND TO THE COMPLAINT (ECF NO. 17) IS APPROVED. DEFENDANTS REEDER AND MILBOURNE SHALL RESPOND TO THE COMPLAINT NO LATER THAN AUGUST 16, 2022. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 8/10/22. 8/10/22 ENTERED AND COPIES E-MAILED.(er)
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| Filing 17 STIPULATION re #1 Complaint (Attorney),,,,,, Extending Time to Answer or Otherwise Respond to Plaintiff's Complaint by CORTNEY MILBOURNE, LESLEY REEDER. (COHEN, BARRY) |
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Filing 16
ORDER THAT THE MOTION FOR LEAVE TO FILE EXCESS PAGES IN SUPPORT OF THEIR MOTION TO DISMISS, IT HEREBY IS ORDERED THAT THE MOTION IS GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 8/9/22.8/9/22 ENTERED AND COPIES E-MAILED.(er)
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| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BT MODULAR LLC, PDQ INDUSTRIES, INC., LOGAN TELL, WILLIAM TELL.Memorandum, Certificate of Service. (Attachments: #1 Memorandum Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit Exhibit A: Press Release, #3 Exhibit Exhibit B: MBI Website Search Results, #4 Exhibit Exhibit C: Proposed Order)(MACDONALD, RYAN) |
| Filing 14 MOTION for Leave to File Excess Pages in Support of Motion to Dismiss filed by BT MODULAR LLC, PDQ INDUSTRIES, INC., LOGAN TELL, WILLIAM TELL.Certificate of Service. (Attachments: #1 Exhibit Exhibit A: Proposed Order)(MACDONALD, RYAN) |
| Filing 13 NOTICE of Appearance by BARRY L. COHEN on behalf of CORTNEY MILBOURNE, LESLEY REEDER with Certificate of Service(COHEN, BARRY) |
| Filing 12 NOTICE of Appearance by RYAN S. MACDONALD on behalf of BT MODULAR LLC, PDQ INDUSTRIES, INC., LOGAN TELL, WILLIAM TELL (MACDONALD, RYAN) |
| Filing 11 NOTICE of Appearance by RORY O. CONNAUGHTON on behalf of BT MODULAR LLC, PDQ INDUSTRIES, INC., LOGAN TELL, WILLIAM TELL (CONNAUGHTON, RORY) |
| Filing 10 NOTICE OF STATUS CONFERENCE. TAKE NOTICE, that a Telephone Status Conference, in the above case has been set as follows: Lead counsel shall appear VIA TELEPHONE for a Status Conference in the above-captioned matter on Thursday, August 11, 2022 at 1:00 PM, by providing a calling bridge to the United States District Court located at 504 West Hamilton Street, Suite 4701, Allentown, Pennsylvania. (er) |
| Filing 9 MOTION to Expedite Discovery filed by TELL MANUFACTURING, INC..Certificate of Service. (Attachments: #1 Exhibit Proposed Order, #2 Text of Proposed Order, #3 Memorandum, #4 Certificate of Service)(O'MEARA, DANIEL) |
| Filing 8 SUMMONS Returned Executed by TELL MANUFACTURING, INC. re: York Mobile Notary Services served Summons and Complaint upon WILLIAM TELL by Served on Individual Designated to Accept Service. WILLIAM TELL served on 7/18/2022, answer due 8/8/2022. (HICKS, SHAINA) |
| Filing 7 SUMMONS Returned Executed by TELL MANUFACTURING, INC. re: York Mobile Notary Services served Summons and Complaint upon BT MODULAR LLC by Served on Individual Designated to Accept Service. BT MODULAR LLC served on 7/18/2022, answer due 8/8/2022. (HICKS, SHAINA) |
| Filing 6 SUMMONS Returned Executed by TELL MANUFACTURING, INC. re: York Mobile Notary Service served Summons and Complaint upon LOGAN TELL by Served on Individual Designated to Accept Service. LOGAN TELL served on 7/18/2022, answer due 8/8/2022. (HICKS, SHAINA) |
| Filing 5 SUMMONS Returned Executed by TELL MANUFACTURING, INC. re: York Mobile Notary Services served Summons and Complaint upon PDQ INDUSTRIES, INC. by Served on Individual Designated to Accept Service. PDQ INDUSTRIES, INC. served on 7/18/2022, answer due 8/8/2022. (HICKS, SHAINA) |
| Filing 4 SUMMONS Returned Executed by TELL MANUFACTURING, INC. re: York Mobile Notary Services served Summons and Complaint upon CORTNEY MILBOURNE by Personal Service. CORTNEY MILBOURNE served on 7/18/2022, answer due 8/8/2022. (HICKS, SHAINA) |
| Filing 3 SUMMONS Returned Executed by TELL MANUFACTURING, INC. re: Special Delivery Service, Inc. served Summons and Complaint upon LESLEY REEDER by Personal Service. LESLEY REEDER served on 7/14/2022, answer due 8/4/2022. (HICKS, SHAINA) |
| Filing 2 Summons Issued as to BT MODULAR LLC, CORTNEY MILBOURNE, PDQ INDUSTRIES, INC., LESLEY REEDER, LOGAN TELL, WILLIAM TELL. Forwarded To: Counsel on 7/8/22 (er) (Main Document 2 replaced on 7/11/2022) (er). Modified on 7/12/2022 (lisad, ). |
| Filing 1 COMPLAINT against BT MODULAR LLC, CORTNEY MILBOURNE, PDQ INDUSTRIES, INC., LESLEY REEDER, LOGAN TELL, WILLIAM TELL ( Filing fee $ 402 receipt number APAEDC-16033107.), filed by TELL MANUFACTURING, INC.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Designation Form Designation Form, #3 Exhibit Ex A - Tell Manufacturing Employer Handbook, #4 Exhibit Ex B - C. Milbourne Employee Handbook Acknowledgement, #5 Exhibit Ex C - Spectrum Brands' Code of Business Conduct and Ethics, #6 Exhibit Ex D - Spectrum Brands' Trademark Registration Certificates, #7 Exhibit Ex E - BT Modular LLC's Certificate of Amendment, #8 Exhibit Ex F - L. Reeder's and C. Milbourne's LinkedIn Profile, #9 Exhibit Ex G - C. Milbourne email to Tell Manufacturing customer, #10 Exhibit Ex H - UPS Tracking and Delivery Notification, #11 Exhibit Ex I - L. Reeder expense reimbursement request, #12 Exhibit Ex J - L. Reeder email to C. Milbourne, #13 Exhibit Ex K - Emails between L. Reeder and D. Sikora, #14 Exhibit Ex L - Email between L. Reeder and D. Sikora, #15 Exhibit Ex M - C. Milbourne solicitation email to Tell Manufacturing customer, #16 Exhibit Ex N - Attachment to Ex G; comparison of BT Modular and Tell Manufacturing part numbers, #17 Exhibit Ex O - Tell Manufacturing Cease and Desist Letter to Tell Modular LLC, BT Modular LLC, #18 Exhibit Ex P - Tell Manufacturing Cease and Desist Letter to C. Milbourne, #19 Exhibit Ex Q - Tell Manufacturing Cease and Desist Letter to L. Reeder, #20 Exhibit Ex R - Verification of Louis Scarfo)(HICKS, SHAINA) |
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