Secret of the Islands Inc v. Hymans Seafood Company Inc et al
| Secret of the Islands Inc |
| Hymans Seafood Company Inc, Aaron Hyman, Brad Gena, Eli Hyman, Holy City Skin Products Inc, US Foods Inc and USA Distributions LLC |
| 2:2017cv00342 |
| February 3, 2017 |
| US District Court for the District of South Carolina |
| Charleston Office |
| Charleston |
| Bruce Howe Hendricks |
| David C Norton |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 25, 2019. A more recent docket listing may be available from PACER.
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| Filing 79 JUDGMENT: this action is hereby DISMISSED with prejudice. (alew, ) |
| Filing 78 OPINION and ORDER granting #49 Motion to Dismiss; granting #50 Motion to Dismiss. Signed by Honorable Bruce Howe Hendricks on 2/25/19.(alew, ) |
Filing 77
ORDER granting #76 Motion for Confidentiality Order; Confidentiality Order. Signed by Honorable Bruce Howe Hendricks on 1/9/19.(alew, )
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| Filing 76 Consent MOTION for Confidentiality Order by US Foods Inc. Response to Motion due by 1/23/2019. 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 Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Joyce, Benjamin) |
| Filing 75 AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 2/28/2019,, Plaintiffs ID of Expert Witness due by 5/6/2019,, Defendants ID of Expert Witnesses Due by 6/10/2019,, Records Custodian Affidavit due by 11/6/2019,, Discovery due by 7/29/2019,, Motions due by 9/11/2019,, Jury Selection Deadline 11/6/2019,, Mediation Due by 4/15/2019 (Motion granted: #74 Joint MOTION to Amend/Correct #69 Scheduling Order,, filed by US Foods Inc). Signed by Honorable Bruce Howe Hendricks on 12/17/2018. (sshe, ) |
| Filing 74 Joint MOTION to Amend/Correct #69 Scheduling Order,, by US Foods Inc. Response to Motion due by 12/28/2018. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Joyce, Benjamin) |
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Filing 72
ORDER granting #71 Motion to Substitute Attorney. Added attorney Benjamin Houston Joyce for US Foods Inc. Signed by Honorable Bruce Howe Hendricks on 10/31/18.(alew, )
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| Filing 71 Consent MOTION to Substitute Attorney by US Foods Inc. Response to Motion due by 11/13/2018. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Scardato, Michael) (Main Document 71 replaced on 10/30/2018) (alew, ). Modified on 10/30/2018 to replace with corrected document provided by filing user (alew, ). |
| Filing 70 MEDIATION ORDER: Mediation Due by 2/1/2019. Signed by Honorable Bruce Howe Hendricks on 10/3/18. (alew, ) |
| Filing 69 AMENDED CONFERENCE AND SCHEDULING ORDER: 26(a) Initial Disclosures due by 10/12/2018, Rule 26 Report due by 10/12/2018, Motions to Amend Pleadings due by 12/14/2018, Plaintiffs ID of Expert Witness due by 2/22/2019, Defendants ID of Expert Witnesses Due by 3/25/2019, Records Custodian Affidavit due by 8/23/2019, Discovery due by 5/3/2019, Motions due by 6/28/2019, Jury Selection Deadline 8/23/2019, Mediation Due by 2/1/2019. Signed by Honorable Bruce Howe Hendricks on 10/3/18. (alew, ) |
| Filing 68 TEXT ORDER granting #67 Motion to Amend/Correct #56 Conference and Scheduling Order. Signed by Honorable Bruce Howe Hendricks on 10/3/18.(alew, ) |
| Filing 67 Consent MOTION to Amend/Correct #56 Scheduling Order,, by Secret of the Islands Inc. Response to Motion due by 10/17/2018. 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 - Draft Amended Conference and Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Green, Nicholas) |
| Filing 66 NOTICE OF CHANGE OF CASE NUMBER: Case 2:17-cv-00342-AMQ has been changed to 2:17-cv-00342-BHH. Please use the new case number Judge initials on all future filings with this court. (sshe, ) |
| Filing 65 Case Reassigned to Judge Honorable Bruce Howe Hendricks. Judge Honorable A Marvin Quattlebaum, Jr no longer assigned to the case. (cwil, ) |
| Filing 62 DELETION OF DOCKET ENTRY NUMBER 60 Reason: per attorney request. Corrected Filing Document Number #61 (alew, ) |
| Filing 61 REPLY to Response to Motion re #50 MOTION to Dismiss Amended Complaint Response filed by US Foods Inc. (Scardato, Michael) |
| Filing 59 REPLY to Response to Motion re #49 MOTION to Dismiss Response filed by Brad Gena, Holy City Skin Products Inc, Aaron Hyman, Eli Hyman, Hymans Seafood Company Inc. (McKnew, Natalma) |
| Filing 58 RESPONSE in Opposition re #50 MOTION to Dismiss Amended Complaint, #49 MOTION to Dismiss Response filed by Secret of the Islands Inc.Reply to Response to Motion due by 8/2/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Unpublished Decisions)(Green, Nicholas) |
| Filing 57 NOTICE of Request for Protection from Court Appearance by Natalma M McKnew for August 24, 2018 - September 12, 2018; October 10-14, 2018 (McKnew, Natalma) (Main Document 57 replaced on 7/27/2018) (alew, ). Modified on 7/27/2018 to replace with corrected document provided by filing user (alew, ). |
| Filing 56 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 7/31/2018, 26(a) Initial Disclosures due by 8/17/2018, Rule 26 Report due by 8/24/2018, Motions to Amend Pleadings due by 9/17/2018, Plaintiffs ID of Expert Witness due by 11/21/2018, Defendants ID of Expert Witnesses Due by 12/21/2018, Records Custodian Affidavit due by 1/31/2019, Discovery due by 1/11/2019, Motions due by 3/1/2019, Jury Selection Deadline 5/6/2019, Mediation Due by 12/15/2018. Signed by Honorable A Marvin Quattlebaum, Jr on 7/24/18. (alew, ) |
| Filing 55 TEXT ORDER granting #54 Motion to Enter Scheduling Order. Signed by Honorable A Marvin Quattlebaum, Jr on 7/24/18.(alew, ) |
| Filing 54 Consent MOTION to Enter Scheduling Order by Brad Gena, Holy City Skin Products Inc, Aaron Hyman, Eli Hyman, Hymans Seafood Company Inc. Response to Motion due by 8/3/2018. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Bridges, Emily) Modified on 7/24/2018 to remove proposed order per Judge Quattlebaum's filing preferences. (alew, ). Modified on 7/24/2018 to correct motion relief (alew, ). |
| Filing 53 TEXT ORDER finding as moot #51 Motion for Extension of Time to File Response/Reply re #49 MOTION to Dismiss , #50 MOTION to Dismiss Amended Complaint ; granting #52 Motion for Extension of Time to File Response/Reply re #49 MOTION to Dismiss , #50 MOTION to Dismiss Amended Complaint. Response to Motion due by 7/26/2018. 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. Response to Motion due by 7/27/2018. 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. Signed by Honorable A Marvin Quattlebaum, Jr on 7/10/18.(alew, ) |
| Filing 52 Amended MOTION for Extension of Time to File Response/Reply as to #51 Consent MOTION for Extension of Time to File Response/Reply as to #50 MOTION to Dismiss Amended Complaint, #49 MOTION to Dismiss by Secret of the Islands Inc. Response to Motion due by 7/24/2018. 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.(Green, Nicholas) |
| Filing 51 Consent MOTION for Extension of Time to File Response/Reply as to #50 MOTION to Dismiss Amended Complaint, #49 MOTION to Dismiss by Secret of the Islands Inc. Response to Motion due by 7/16/2018. 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.(Green, Nicholas) (Main Document 51 replaced on 7/3/2018) (alew, ). Modified on 7/3/2018 to replace with corrected document provided by filing user (alew, ). |
| Filing 50 MOTION to Dismiss #47 Amended Complaint by US Foods Inc. Response to Motion due by 7/13/2018. 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-Unpublished Case)No Proposed order .(Scardato, Michael) Modified on 6/29/2018 to edit text per attorney request (alew, ). (Main Document 50 replaced on 7/2/2018) (alew, ). Modified on 7/2/2018 to replace with corrected document provided by filing user, to add exhibit description provided by filing user (alew, ). Modified on 7/2/2018 to add linkage (alew, ). |
| Filing 49 MOTION to Dismiss by Brad Gena, Holy City Skin Products Inc, Aaron Hyman, Eli Hyman, Hymans Seafood Company Inc. Response to Motion due by 7/12/2018. 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 Memo in Support, #2 Exhibit A (Unreported cases), #3 Exhibit B (Google search))No proposed order.(McKnew, Natalma) |
| Filing 47 AMENDED COMPLAINT against All Defendants, filed by Secret of the Islands Inc. Service due by 8/30/2018 (Green, Nicholas) |
| Filing 46 NOTICE of Appearance by Nicholas G Green on behalf of Secret of the Islands Inc (Green, Nicholas) |
| Filing 43 TEXT ORDER: The Court grants Defendants Motion to Relieve Counsel (ECF No. #40 ) and Plaintiffs Motion to Extend Time (ECF No. #41 ) with the consent of Defendants and with the conditions set forth in Plaintiffs Motion to Extend Time. Signed by Honorable A Marvin Quattlebaum, Jr on 5/8/18.(alew, ) |
| Filing 42 Minute Entry. Proceedings held before Honorable A Marvin Quattlebaum, Jr: taking under advisement #40 Motion to remove counsel ; taking under advisement #41 Motion for Extension of Time; Telephone Conference held on 5/8/2018. (fbos, ) |
| Filing 41 First MOTION for Extension of Time by Secret of the Islands Inc. Response to Motion due by 5/15/2018. 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.(Dumas, Brian) |
| Filing 40 MOTION to remove counsel by Brad Gena, Holy City Skin Products Inc, Aaron Hyman, Eli Hyman, Hymans Seafood Company Inc. Response to Motion due by 5/15/2018. 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.(McKnew, Natalma) |
| Filing 38 NOTICE of Hearing: Telephone Status Conference set for Tuesday, 5/8/2018 11:00 AM in Greenville before Honorable A Marvin Quattlebaum Jr. All counsel is to be on the line before contacting chambers, with plaintiff's counsel initiating the call. Chambers contact number is 864-241-2190.(alew, ) |
| Filing 36 TEXT ORDER granting #34 Motion to Substitute Attorney as set out. Signed by Honorable A Marvin Quattlebaum, Jr on 4/16/18.(alew, ) |
| Filing 35 Case Reassigned to Judge Honorable A Marvin Quattlebaum, Jr. Judge Honorable David C Norton no longer assigned to the case. (glev, ) |
| Filing 34 MOTION to Substitute Attorney by US Foods Inc. Response to Motion due by 4/24/2018. 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.(Scardato, Michael) |
| Filing 33 NOTICE of Appearance by Michael A Scardato on behalf of US Foods Inc (Scardato, Michael) (Main Document 33 replaced on 4/10/2018) (jbry, ). Modified on 4/10/2018 to correct division in caption(jbry, ). |
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Filing 32
ORDER granting in part and denying in part #16 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #23 Motion to Dismiss for Failure to State a Claim Signed by Honorable David C Norton on March 30, 2018.(span, )
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| Filing 31 Minute Entry. Proceedings held before Honorable David C Norton: Motion Hearing held on 5/2/2017 re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by US Foods Inc, #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or Motion to Make More Definite and Certain filed by Eli Hyman, Holy City Skin Products Inc, Hymans Seafood Company Inc, Aaron Hyman, Brad Gena. Arguments in support of and in opposition of motions. The Court will issue an order. Court Reporter Jack Bryan, CS. (cmur, ) |
| Filing 30 AMENDED NOTICE of Hearing on Motions #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or Motion to Make More Definite and Certain : Motion Hearing set for Tuesday, 5/2/2017 at 1:30 PM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable David C Norton. Amended to add motion #23 (jbry, ) |
| Filing 29 RESPONSE in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Secret of the Islands Inc.Reply to Response to Motion due by 4/25/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A all three filed images, #2 Exhibit B website images and notices)(Dumas, Brian) |
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Filing 28
ORDER granting #26 Motion by John S. Letchinger to Appear Pro Hac Vice. Signed by Honorable David C Norton on 4/10/2017.(jbry, )
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Filing 27
ORDER granting #25 Motion by Matthew J. Caccamo to Appear Pro Hac Vice. Signed by Honorable David C Norton on 4/10/2017.(jbry, )
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| Filing 26 MOTION to Appear Pro Hac Vice by John S. Letchinger ( Filing fee $ 250 receipt number 0420-7092476) by US Foods Inc. Response to Motion due by 4/21/2017. 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 Affidavit Application for Admission, #2 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dixon, Joshua) |
| Filing 25 MOTION to Appear Pro Hac Vice by Matthew J. Caccamo ( Filing fee $ 250 receipt number 0420-7092442) by US Foods Inc. Response to Motion due by 4/21/2017. 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 Affidavit Application for Admission, #2 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dixon, Joshua) |
| Filing 24 Local Rule 26.01 Answers to Interrogatories by US Foods Inc.(Dixon, Joshua) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by US Foods Inc. Response to Motion due by 4/18/2017. 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 Unpublished Opinions, #2 Exhibit Label)No proposed order.(Dixon, Joshua) |
| Filing 22 NOTICE of Hearing on Motion #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or Motion to Make More Definite and Certain : Motion Hearing set for Tuesday, 5/2/2017 at 1:30 PM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) |
| Filing 21 REPLY to Response to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or Motion to Make More Definite and Certain Response filed by Brad Gena, Holy City Skin Products Inc, Aaron Hyman, Eli Hyman, Hymans Seafood Company Inc. (Attachments: #1 Exhibit A (USPTO Office Actions), #2 Exhibit B (Unreported Case))(McKnew, Natalma) |
| Filing 20 Local Rule 26.01 Answers to Interrogatories by Holy City Skin Products Inc.(McKnew, Natalma) (Main Document 20 replaced on 3/23/2017) (jbry, ). Modified on 3/23/2017 to replace incorrect document with corrected document as provided by filing user (jbry, ). |
| Filing 19 Local Rule 26.01 Answers to Interrogatories by Hymans Seafood Company Inc.(McKnew, Natalma) |
| Filing 18 RESPONSE in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or Motion to Make More Definite and Certain Response filed by Secret of the Islands Inc.Reply to Response to Motion due by 3/28/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A Copyright registration, #2 Exhibit B Trademark and trade dress registration, #3 Exhibit C Jar and bottle registrations, #4 Exhibit D Trade show recent activities)(Dumas, Brian) (Attachment 4 replaced on 3/21/2017) (jbry, ). Modified on 3/21/2017 to replace illegible attachment #4 as provided by filing user (jbry, ). |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and/or Motion to Make More Definite and Certain by Brad Gena, Holy City Skin Products Inc, Aaron Hyman, Eli Hyman, Hymans Seafood Company Inc. Response to Motion due by 3/21/2017. 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 Memo in Support, #2 Exhibit A (Unreported Cases))No proposed order.(McKnew, Natalma) |
| Filing 15 SUMMONS Returned Executed by Secret of the Islands Inc. USA Distributions LLC served on 2/24/2017, answer due 3/17/2017. (Dumas, Brian) |
| Filing 14 SUMMONS Returned Executed by Secret of the Islands Inc. US Foods Inc served on 2/21/2017, answer due 3/14/2017. (Dumas, Brian) |
| Filing 13 SUMMONS Returned Executed by Secret of the Islands Inc. Aaron Hyman served on 2/17/2017, answer due 3/10/2017. (Dumas, Brian) |
| Filing 12 SUMMONS Returned Executed by Secret of the Islands Inc. Brad Gena served on 2/17/2017, answer due 3/10/2017. (Dumas, Brian) |
| Filing 11 SUMMONS Returned Executed by Secret of the Islands Inc. Holy City Skin Products Inc served on 2/17/2017, answer due 3/10/2017. (Dumas, Brian) |
| Filing 10 SUMMONS Returned Executed by Secret of the Islands Inc. Eli Hyman served on 2/17/2017, answer due 3/10/2017. (Dumas, Brian) |
| Filing 9 SUMMONS Returned Executed by Secret of the Islands Inc. Hymans Seafood Company Inc served on 2/17/2017, answer due 3/10/2017. (Dumas, Brian) |
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Filing 8
ORDER granting #7 Motion by Richard Mark Blank to Appear Pro Hac Vice. Signed by Honorable David C Norton on 2/10/2017.(jbry, )
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| Filing 7 MOTION to Appear Pro Hac Vice by Richard Mark Blank ( Filing fee $ 250 receipt number 0420-6991560) by Secret of the Islands Inc. Response to Motion due by 2/23/2017. 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 Affidavit Aff Application PHV to Motion, #2 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dumas, Brian) |
| Filing 6 ***DOCUMENT E-MAILED #5 Report on the Filing or Determination of Copyright to the Copyright Office (jbry, ) |
| Filing 5 Report on the Filing or Determination of an Action or Appeal Regarding a Copyright. (jbry, ) |
| Filing 3 Summons Issued as to All Defendants. (jbry, ) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Secret of the Islands Inc.(jbry, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-6981228.), filed by Secret of the Islands Inc. Service due by 5/4/2017 (Attachments: #1 Exhibit 1 Copyrighted materials listing, #2 Exhibit 2 Information on US Dist, #3 Exhibit 3 HC YouTube links, #4 Exhibit 4 police and fire report, #5 Exhibit 5 SOTI website key pages, #6 Exhibit 6 SOTI Key Trademarks, #7 Exhibit 7 US Foods Corp Info, #8 Exhibit 8 Hyman and Holy City Corp Info, #9 Exhibit 9 Holy City Website Key pages, #10 Exhibit 10 Copyright Registration Cert, #11 Exhibit 11 SOTI web legal notices, #12 Exhibit 12 SOTI original signs and jar)(jbry, ) |
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