Fast Growing Trees, LLC v. TyTy Plant Nursery LLC
Plaintiff: Fast Growing Trees, LLC
Defendant: TyTy Plant Nursery LLC
Case Number: 0:2019cv00464
Filed: February 18, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: Mary Geiger Lewis
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2019 Filing 33 REPLY to Response to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by TyTy Plant Nursery LLC. (Bayne, Brett)
April 11, 2019 Filing 32 REPLY to Response to Motion re #25 MOTION to Strike #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Fast Growing Trees, LLC. (Gardner, Jasmine)
April 10, 2019 Filing 31 RESPONSE in Opposition re #25 MOTION to Strike #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by TyTy Plant Nursery LLC.Reply to Response to Motion due by 4/17/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bayne, Brett)
April 5, 2019 Filing 30 RESPONSE in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Fast Growing Trees, LLC.Reply to Response to Motion due by 4/12/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Gardner, Jasmine)
April 3, 2019 Filing 29 TEXT ORDER granting #26 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 4/3/2019.(cbru, )
April 3, 2019 Filing 28 Additional Attachments to Main Document #26 MOTION to Appear Pro Hac Vice by Brad Richard Newberg ( Filing fee $ 250 receipt number 0420-8363132). First attachment description: Certificate of Good Standing with Court's Seal . (Gardner, Jasmine)
April 2, 2019 Filing 26 MOTION to Appear Pro Hac Vice by Brad Richard Newberg (Filing fee $250 receipt number 0420-8363132) by Fast Growing Trees, LLC. Response to Motion due by 4/16/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for Pro Hac Vice Admission, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - Court Admissions, #4 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Gardner, Jasmine) Modified to edit text on 4/3/2019 (cbru, ). Additional attachment filed as entry #28 on 4/3/2019 (cbru, ).
March 28, 2019 Filing 25 MOTION to Strike #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Fast Growing Trees, LLC. Response to Motion due by 4/11/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Gardner, Jasmine) Modified to edit text on 3/28/2019 (cbru, ).
March 22, 2019 Filing 23 Additional Attachments to Main Document #16 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. First attachment description: Exhibit N Part 2 - Case Law and Secondary Source Documents. (Bayne, Brett) Modified to edit text and to add description to attachment on 3/22/2019 (cbru, ).
March 22, 2019 Filing 22 Additional Attachments to Main Document #16 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. First attachment description: Exhibit N Part 1 - Case Law and Secondary Source Documents. (Bayne, Brett) Modified to edit text and to add description to attachment on 3/22/2019 (cbru, ).
March 22, 2019 Filing 21 Additional Attachments to Main Document #16 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. First attachment description: Exhibit G - USPTO Filings. (Attachments: #1 Exhibit H - USPTO Filings, #2 Exhibit I - USPTO Filings, #3 Exhibit J - USPTO Filings, #4 Exhibit K - USPTO Filings, #5 Exhibit L - USPTO Filings, #6 Exhibit M - USPTO Filings)(Bayne, Brett) Modified to edit text and to add description to attachments on 3/22/2019 (cbru, ).
March 22, 2019 Filing 20 Additional Attachments to Main Document #16 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. First attachment description: Exhibit C - USPTO Filings. (Attachments: #1 Exhibit D - USPTO Filings, #2 Exhibit E - USPTO Filings, #3 Exhibit F - USPTO Filings)(Bayne, Brett) Modified to edit text and to add description to attachments on 3/22/2019 (cbru, ).
March 22, 2019 Filing 19 Additional Attachments to Main Document #16 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. First attachment description: Exhibit B - Defendant's Website Referenced in Complaint. (Bayne, Brett) Modified to edit text and to add description to attachment on 3/22/2019 (cbru, ).
March 22, 2019 Filing 18 Additional Attachments to Main Document #16 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. First attachment description: Exhibit A Part 2 - Plaintiff's Website Referenced in Complaint. (Bayne, Brett) Modified to edit text and to add description to attachment on 3/22/2019 (cbru, ).
March 22, 2019 Filing 17 Additional Attachments to Main Document #16 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . First attachment description: Exhibit A Part 1 - Plaintiff's Website Referenced in Complaint. (Bayne, Brett) Modified to edit text and to add description to attachment on 3/22/2019 (cbru, ).
March 22, 2019 Filing 16 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support by TyTy Plant Nursery LLC. Response to Motion due by 4/5/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bayne, Brett) Modified to correct motion relief and to edit text on 3/22/2019 (cbru, ). Additional attachments filed as entries #17 , #18 , #19 , #20 , #21 , #22 , #23 on 3/22/2019 (cbru, ).
March 19, 2019 Filing 15 RESPONSE in Opposition re #8 MOTION to Dismiss. Response filed by Fast Growing Trees, LLC. Reply to Response to Motion due by 3/26/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A USPTO Website Printouts)(Gardner, Jasmine) Modified to edit text on 3/19/2019 (cbru, ).
March 18, 2019 Filing 14 Local Rule 26.01 Answers to Interrogatories by TyTy Plant Nursery LLC.(Bayne, Brett)
March 18, 2019 Filing 13 MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 3/18/2019. (cbru, )
March 18, 2019 Filing 12 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 4/22/2019, Motions to Amend Pleadings due by 5/17/2019, Plaintiffs ID of Expert Witness due by 6/17/2019, Defendants ID of Expert Witnesses Due by 7/16/2019, Records Custodian Affidavit due by 7/16/2019, Discovery due by 9/16/2019, Motion in Limine due by 12/30/2019, Motions due by 9/30/2019, Rule 26(a)(3) Disclosures due by 12/13/2019, Jury Selection Deadline 1/21/2020, Mediation Due by 12/2/2019. Signed by Honorable Mary Geiger Lewis on 3/18/2019. (cbru, )
March 18, 2019 Filing 10 CLERK'S NOTICE: Defendant is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed at the time a party first appears. Please file these answers to interrogatories no later than April 1, 2019. (cbru, ) Modified to edit text on 3/18/2019 (cbru, ).
March 18, 2019 Filing 8 MOTION to Dismiss by TyTy Plant Nursery LLC. Response to Motion due by 4/1/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - USPTO filings)No proposed order.(Bayne, Brett) Modified to edit text on 3/18/2019 (cbru, ). (Main Document 8 replaced on 3/18/2019) (cbru, ).
February 27, 2019 Filing 6 SUMMONS Returned Executed by Fast Growing Trees, LLC. TyTy Plant Nursery LLC served on 2/21/2019, answer due 3/14/2019. (Gardner, Jasmine) (Main Document 6 replaced on 2/27/2019) (cbru, ). (Additional attachment(s) added on 2/27/2019: #1 Proof of Service) (cbru, ).
February 19, 2019 Filing 5 Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark. (cbru, )
February 19, 2019 Filing 4 Summons Issued as to TyTy Plant Nursery LLC. (cbru, )
February 18, 2019 Filing 3 Local Rule 26.01 Answers to Interrogatories by Fast Growing Trees, LLC.(cbru, )
February 18, 2019 Filing 1 COMPLAINT against TyTy Plant Nursery LLC (Filing fee $400 receipt number 0420-8274593) filed by Fast Growing Trees, LLC. Service due by 5/20/2019 (Attachments: #1 Exhibit A - Federal Registration for Fast-Growing Trees, #2 Exhibit B - Copy of Fast Growing Trees Infringing Marks, #3 Exhibit C - Copy of Advertisement Infringing Marks)(cbru, )

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Plaintiff: Fast Growing Trees, LLC
Represented By: Jasmine Kelly Gardner
Represented By: Brad Richard Newberg
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Defendant: TyTy Plant Nursery LLC
Represented By: Monica B Towle
Represented By: Brett Harris Bayne
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