GENERAL NUTRITION INVESTMENT COMPANY et al v. EMPIRE SUPPLEMENTS INC.
Plaintiff: GNC HOLDINGS, INC. and GENERAL NUTRITION INVESTMENT COMPANY
Defendant: EMPIRE SUPPLEMENTS INC.
Case Number: 2:2021cv00067
Filed: January 14, 2021
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Maureen P Kelly
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2021 Filing 20 NOTICE of Service by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC. re #19 Order Setting Hearing on Motion (Attachments: #1 Exhibit 1 (Motley Affidavit), #2 Exhibit 2 (Confirmation of Service)) (Zheng, Mark)
March 8, 2021 Opinion or Order Filing 19 ORDER Setting Hearing on #17 MOTION for Default Judgment against EMPIRE SUPPLEMENTS INC. : Motion Hearing set for 3/29/2021 01:30 PM by Video Conference before Magistrate Judge Maureen P. Kelly. A weblink to the hearing shall be provided to Counsel and Empire prior to the date set for the hearing. Plaintiff shall forward a copy of this Order to Defendant and, when issued, the link for the hearing, using the alternative method of service previously approved by the Court. Signed by Magistrate Judge Maureen P. Kelly on 3/8/21. (ndf)
March 3, 2021 Filing 18 BRIEF in Support re #17 Motion for Default Judgment filed by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC.. (Zheng, Mark)
March 3, 2021 Filing 17 MOTION for Default Judgment against EMPIRE SUPPLEMENTS INC. by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC.. (Attachments: #1 Proposed Order) (Zheng, Mark)
March 3, 2021 Filing 16 CLERK'S ENTRY OF DEFAULT as to EMPIRE SUPPLEMENTS INC. (ma)
March 2, 2021 Filing 15 REQUEST by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC. for entry of DEFAULT against EMPIRE SUPPLEMENTS INC. . (Attachments: #1 Affidavit Motley Declaration) (Zheng, Mark)
February 8, 2021 Filing 14 SUMMONS/Return of Service Returned Executed by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC. EMPIRE SUPPLEMENTS INC. served on 2/6/21, answer due on 3/1/21. (Attachments: #1 Exhibit A (Affidavit of Service), #2 Exhibit 1 (Documentation of Service)) (Zheng, Mark) Modified on 2/9/2021 (ma).
February 8, 2021 Filing 13 SUMMONS/Return of Service Returned Executed by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC.. EMPIRE SUPPLEMENTS INC. served on 2/6/2021, answer due 3/1/2021. (Attachments: #1 Exhibit 1 (Affidavit of Service)) (Zheng, Mark) Documents removed from public view, refiled with additional documents at #14 . Modified on 2/9/2021 (ma).
February 4, 2021 Opinion or Order Filing 12 ORDER granting #10 Motion for Service by Publication. Signed by Magistrate Judge Maureen P. Kelly on 2/3/2021. (ndf)
February 4, 2021 Filing 11 BRIEF in Support re #10 Motion for Service by Publication Renewed Motion for Alternative Service filed by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Zheng, Mark)
February 4, 2021 Filing 10 Renewed MOTION for Service by Publication Alternative Service of Process by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC.. (Attachments: #1 Proposed Order) (Zheng, Mark)
February 1, 2021 Opinion or Order Filing 9 ORDER denying #5 Motion for Service by Publication without prejudice; IT IS HEREBY ORDERED that Plaintiffs' motion for alternative service is denied without prejudice to be refiled after Plaintiffs establish (1) compliance with NY CPLR 311 by service upon the New York Secretary of State pursuant to NY Bus. Corp. Law, as the Defendant's registered agent for service of process; and, (2) that such service was not successful. Signed by Magistrate Judge Maureen P. Kelly on 2/1/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ndf)
January 29, 2021 Filing 8 DECLARATION re 7 Order, Zheng Declaration in Support of #5 Motion for Alternative Service by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Zheng, Mark) Modified on 2/1/2021 (ma).
January 29, 2021 Opinion or Order Filing 7 ORDER re #6 Brief in Support of Motion, filed by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC., IT IS HEREBY ORDERED that on or before February 1, 2021, Plaintiffs are directed to file on the docket of this matter a copy of the Zheng Declaration, which appears to have been inadvertently omitted from the documents filed with Plaintiffs' brief. Signed by Magistrate Judge Maureen P. Kelly on 1/29/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ndf)
January 28, 2021 Filing 6 BRIEF in Support re #5 Motion for Service by Publication Alternative Service of Process filed by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC.. (Attachments: #1 Affidavit Zheng Declaration, #2 Exhibit A, #3 Exhibit B) (Zheng, Mark)
January 28, 2021 Filing 5 MOTION for Service by Publication Alternative Service of Process by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC.. (Attachments: #1 Proposed Order) (Zheng, Mark)
January 27, 2021 Filing 4 Summons/Return of Service Returned Unexecuted by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC. as to EMPIRE SUPPLEMENTS INC.. (Zheng, Mark)
January 14, 2021 Filing 3 PATENT/TRADEMARK DOCUMENTS ISSUED. (ma)
January 14, 2021 Filing 2 Summons Issued as to EMPIRE SUPPLEMENTS INC. (ma)
January 14, 2021 Filing 1 COMPLAINT against EMPIRE SUPPLEMENTS INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-6246693), filed by GENERAL NUTRITION INVESTMENT COMPANY, GNC HOLDINGS, INC. (Attachments: #1 Civil Cover Sheet) (ma)

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Plaintiff: GNC HOLDINGS, INC.
Represented By: Mark C. Zheng
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Plaintiff: GENERAL NUTRITION INVESTMENT COMPANY
Represented By: Mark C. Zheng
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Defendant: EMPIRE SUPPLEMENTS INC.
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