AVERE BEAUTY CO., LLC v. DIMICHELE et al
| AVERE BEAUTY CO. and AVERE BEAUTY CO., LLC |
| DANKA DIMICHELE, THE BEAUTY HAVEN MEDSPA, DANKA DIMICHELE doing business as THE BEAUTY HAVEN MEDSPA and DAVID DIMICHELE doing business as THE BEAUTY HAVEN MEDSPA |
| 2:2023cv01819 |
| October 20, 2023 |
| US District Court for the Western District of Pennsylvania |
| Arthur J Schwab |
| Trademark |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 TEXT ORDER it appearing to the Court that the parties have agreed to an amicable resolution of this matter, IT IS ORDERED that the Clerk shall remove this case from the docket for administrative purposes. IT IS FURTHER ORDERED, that, in the event either party fails to execute the settlement agreement, the case shall be reinstated to the docket upon written request of either party for purposes of enforcement of the settlement agreement. IT IS FINALLY ORDERED that the Court shall retain jurisdiction to enforce the terms of the settlement agreement of the parties. Clerk is to mark CASE CLOSED. (ms) |
Filing 28
ORDER granting re #27 Proposed Order re Settlement filed by AVERE BEAUTY CO., LLC (ms)
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| Filing 27 Proposed Order Consent Order regarding Settlement by AVERE BEAUTY CO., LLC. (Richardson, John) |
| Filing 26 STATUS REPORT by AVERE BEAUTY CO., LLC. (Richardson, John) |
| Filing 25 STATUS REPORT Joint by DANKA DIMICHELE, DAVID DIMICHELE, ARTHUR H. STROYD, THE BEAUTY HAVEN MEDSPA. (Tallman, James) |
| Filing 24 Minute Entry for proceedings held before Judge Arthur J. Schwab: In-Person Status Conference held on 11/30/2023. Payment shall be made in full by counsel of record to mediator Arthur Stroyd no later than 12:00 P.M. (Noon) on 12/6/2023. Joint status reports are due by 5:00 P.M. on 12/1/2023 and by 5:00 P.M. on 12/5/2023 as set forth in hearing memo. Should the parties fail to execute a full settlement agreement resolving the entire case, cross-motions for summary judgment on the enforceability of the various terms of the Employment, Non-Compete, Non-Interference and Intellectual Property Agreement (Doc. 18-1), with supporting briefs, shall be filed by 12:00 P.M. (Noon) on 12/6/2023. Responses to said motions for summary judgment, with supporting briefs, shall be filed by 12:00 P.M. (Noon) on 12/8/2023. (Court Reporter: Deborah Betzler) (lar) |
| Filing 23 Consent MOTION for Extension of Time to File Answer re Update Answer Deadline, #21 Waiver of Service Executed, filed by AVERE BEAUTY CO., LLC, #18 Amended Complaint, filed by AVERE BEAUTY CO., LLC by DANKA DIMICHELE, DAVID DIMICHELE. (Attachments: #1 Exhibit Emails between counsel, #2 Proposed Order) (Tallman, James) Modified text on 11/29/2023. (lar) |
| Filing 22 NOTICE of Appearance by James T. Tallman on behalf of DAVID DIMICHELE. (Tallman, James) |
| Filing 21 WAIVER OF SERVICE Returned Executed by AVERE BEAUTY CO., LLC. DANKA DIMICHELE waiver sent on 11/22/2023, answer due 1/22/2024; DAVID DIMICHELE waiver sent on 11/22/2023, answer due 1/22/2024; THE BEAUTY HAVEN MEDSPA waiver sent on 11/22/2023, answer due 1/22/2024. (Richardson, John) |
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Filing 20
TEXT ORDER setting In-Person Status Conference WITH CLIENTS PRESENT for 11/30/2023 at 11:00 AM in Courtroom 7C before Judge Arthur J. Schwab. Signed by Judge Arthur J. Schwab on 11/22/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar)
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| Update Answer Deadline: Answer due from DANKA DIMICHELE on 12/4/2023; DAVID DIMICHELE on 12/4/2023 (kss) |
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Filing 19
TEXT ORDER denying as moot #13 Defendants' Motion to Dismiss Count II of Plaintiff's original [1-1] Complaint in light of Plaintiff filing an #18 Amended Complaint which supersedes Plaintiff's original [1-1] Complaint. Signed by Judge Arthur J. Schwab on 11/21/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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| Filing 18 AMENDED COMPLAINT against DANKA DIMICHELE, DAVID DIMICHELE, filed by AVERE BEAUTY CO., LLC. Answer due from DANKA DIMICHELE on 12/4/2023; DAVID DIMICHELE on 12/4/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Richardson, John) Modified text on 11/22/2023 to add answer due date. (kss) |
| Filing 17 NOTICE of Substitution of Attorney Appearance by Anthony Sarafino Caliguire on behalf of AVERE BEAUTY CO.. Attorney Alexandra Loree Yuill terminated. (Caliguire, Anthony) |
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Filing 16
TEXT ORDER re #13 Motion to Dismiss for Failure to State a Claim, filed by THE BEAUTY HAVEN MEDSPA, DANKA DIMICHELE, ARTHUR H. STROYD - Response to Motion due by NOON on 11/20/2023, Reply brief due by NOON on 11/22/2023. Signed by Judge Arthur J. Schwab on 11/15/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar)
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| Filing 15 REPORT of Mediation: Mediation held on 11/7/2023. Case has not been resolved. ARTHUR H. STROYD terminated. Attorney Arthur H. Stroyd, Jr terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. (Stroyd, Arthur) |
| Filing 14 BRIEF in Support re #13 Motion to Dismiss for Failure to State a Claim filed by DANKA DIMICHELE, ARTHUR H. STROYD, THE BEAUTY HAVEN MEDSPA. (Tallman, James) |
| Filing 13 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DANKA DIMICHELE, ARTHUR H. STROYD, THE BEAUTY HAVEN MEDSPA. (Attachments: #1 Proposed Order, #2 CERTIFICATE OF MEET AND CONFER) (Tallman, James) Modified text on 11/7/2023. (jd) |
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Filing 12
ORDER REFERRING CASE to Mediation. Arthur H. Stroyd, Jr. is appointed as mediator. Mediation is scheduled for 11/7/23. Signed by Judge Arthur J. Schwab on 10/24/23. (ms)
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| Filing 11 STIPULATION Selecting ADR Process by AVERE BEAUTY CO.. (Richardson, John) |
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Filing 10
ORDER granting #9 Motion to Extend Time for to Schedule Mediation. Amended ADR Stipulation is due today, October 25, 2023.. Signed by Judge Arthur J. Schwab on 10/25/2023. (lar)
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| Filing 9 Joint MOTION to Extend Time to Schedule Mediation by AVERE BEAUTY CO.. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Richardson, John) |
| Filing 8 NOTICE of Appearance by Alexandra Loree Yuill on behalf of AVERE BEAUTY CO.. (Yuill, Alexandra) |
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Filing 7
TEXT ORDER STRIKING #6 Stipulation selecting ADR process for failure to list the Neutral and for failure to list a CONFIRMED ADR session date, which must occur by 10/31/23. A fully completed Stipulation selecting ADR process is due on or before 10/25/23. Signed by Judge Arthur J. Schwab on 10/24/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or notice on the matter. (ms)
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| Filing 6 STIPULATION re 5 Order,,,, Selecting ADR Process by AVERE BEAUTY CO.. (Richardson, John) |
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Filing 5
TEXT ORDER. While the Court considers whether it has supplemental jurisdiction over the state law claims set forth in the Complaint, see 28 U.S.C. Section 1441(c)(2), and if so, whether to decline to exercise supplemental jurisdiction over the state court claims, see 28 U.S.C. Section 1367(c), the parties are directed to mediate the case before Arthur H. Stroyd, Jr., Esquire, no later than October 31, 2023, pursuant to the Court's ADR Policies and Procedures, which can be accessed at the Court's website, www.pawd.uscourts.gov, with each party paying 50% of the total cost. Further, the parties shall file the appropriate Stipulation Selecting ADR Process form, https://www.pawd.uscourts.gov/forms/stipulation-selecting-adr-process, consistent with the Court's ADR Policies and Procedures, by October 24, 2023. After the mediation, the parties shall file a joint report as to the status of the case. Signed by Judge Arthur J. Schwab on 10/20/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bfm)
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| Filing 4 Disclosure Statement identifying NONE as corporate parent or other affiliate by DANKA DIMICHELE, THE BEAUTY HAVEN MEDSPA. (Tallman, James) |
| Filing 3 PATENT/TRADEMARK DOCUMENTS ISSUED. (Attachments: #1 Notice of Removal, #2 Lower Court Complaint, Exhibits, #3 Acceptance to Service) (jd) |
| Filing 1 NOTICE OF REMOVAL from ALLEGHENY COUNTY, case number GD-23-010652 with BOTH Copies attached: Lower Court Complaint, Exhibits (Filing fee, including Administrative fee, $402, receipt number APAWDC-7939892), filed by THE BEAUTY HAVEN MEDSPA, DANKA DIMICHELE. (Attachments: #1 Lower Court Documents, #2 Acceptance of Service, #3 Civil Cover Sheet) (jd) |
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