Low Tide Brewing LLC v. Tideland Management LLC et al
| Low Tide Brewing LLC |
| Tideland Management LLC and Hunter Eisele |
| 2:2021cv00775 |
| March 18, 2021 |
| US District Court for the District of South Carolina |
| David C Norton |
| Trademark |
| 15 U.S.C. § 1051 |
| None |
Docket Report
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This docket was last retrieved on June 14, 2021. A more recent docket listing may be available from PACER.
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Filing 40
USCA MANDATE and ORDER as to #34 Notice of Appeal, filed by Low Tide Brewing LLC (Attachments: #1 Order)(jbry, )
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Filing 39
ORDER of USCA as to #34 Notice of Appeal, filed by Low Tide Brewing LLC. Upon consideration of the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, and there appearing no opposition, the court grants the motion. (jbry, )
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Filing 37
STIPULATION of Dismissal With Prejudice by Low Tide Brewing LLC. (Colwell, Angelica)
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Filing 35
Transmittal Sheet for Notice of Appeal to USCA re #34 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (jbry, )
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Filing 34
NOTICE OF APPEAL as to #30 Order on Motion for Preliminary Injunction by Low Tide Brewing LLC. - Filing fee $ 505, receipt number 0420-9837742. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Colwell, Angelica)
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Filing 33
CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 6/14/2021, 26(a) Initial Disclosures due by 7/7/2021, Rule 26 Report due by 7/7/2021, Motions to Amend Pleadings due by 8/9/2021, Plaintiffs ID of Expert Witness due by 9/13/2021, Defendants ID of Expert Witnesses Due by 10/14/2021, Discovery due by 2/3/2022, Motions in Limine due at least three weeks prior to jury selection, Motions due by 2/18/2022, Bench Trial Deadline 4/2/2022, ADR Statement due by 3/1/2022, Mediation Due by 3/31/2022, Signed by Honorable David C Norton on 5/4/2021.(jbry, )
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Filing 32
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion Hearing held on 4/8/2021, before Judge David C. Norton. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 5/19/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/27/2021. (kmartin, )
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Filing 31
ANSWER to #1 Complaint, by Tideland Management LLC.(Wright, Michael)
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Filing 30
ORDER denying #6 Motion for Preliminary Injunction. Signed by Honorable David C Norton on April 12, 2021.(cdan, )
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Filing 29
Minute Entry. Proceedings held before Honorable David C Norton: Motion/Telephone Hearing held on 4/8/2021 re #6 MOTION for Preliminary Injunction filed by Low Tide Brewing LLC. All parties represented on the call. The Court will issue an order. Court Reporter Karen Martin. (cmur, )
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Filing 28
ORDER granting #24 Motion by David Alan Carn to Appear Pro Hac Vice. Signed by Honorable David C Norton on 4/8/2021.(jbry, )
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Filing 27
Additional Attachments to Main Document #12 Response in Opposition to Motion,. First attachment description: supplemental Declaration of Hunter Eisele. (Attachments: #1 supplemental Declaration of Hunter Eisele, #2 Supporting Documents Prosecution History, #3 Supporting Documents USPTO Database Search) Refiled to correct event type. (jbry, ) Modified on 4/8/2021 to correct docket entry number (jbry, ).
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Filing 26
DELETION OF DOCKET ENTRY NUMBER 23 Reason: Attorney refiled with correct main document and linkage. Corrected Filing Document Number #25 (jbry, )
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Filing 25
Additional Attachments to Main Document #22 Reply to Response to Motion. First attachment description: Supplemental Declaration of Andrew Elliott . (Attachments: #1 Supplemental Declaration of Andrew Elliott, #2 Supplemental Declaration of Michael Fielding, #3 Exhibit A - Google Search Results)(Colwell, Angelica) Modified on 4/8/2021 to correct filing date (jbry, ).
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Filing 24
MOTION to Appear Pro Hac Vice by David Alan Carn ( Filing fee $ 350 receipt number 0420-9760774) by Tideland Management LLC. Response to Motion due by 4/21/2021. 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/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents State Certificate of Good Standing, #3 Supporting Documents District Court Certificate of Good Standing, #4 Proposed Order Proposed Order Granting David Alan Carn Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Wright, Michael)
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Filing 22
REPLY to Response to Motion re #6 MOTION for Preliminary Injunction Response filed by Low Tide Brewing LLC. (Attachments: #1 Exhibit A - Map- SC Brewers Guild Members)(Colwell, Angelica) Modified on 4/8/2021 to create linkage to #25 Additional Attachments filed 4/7/2021(jbry, ).
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Filing 21
RESPONSE to Motion re #11 MOTION to Expedite Hearing on Motion for Temporary Restraining Order and Preliminary Injunction Response filed by Tideland Management LLC.Reply to Response to Motion due by 4/13/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents Declaration of Hunter Eisele, #2 Supporting Documents Declaration of Krista Dorr)(Wright, Michael)
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Filing 19
NOTICE of Telephonic Hearing on Motion #6 MOTION for Preliminary Injunction :Telephonic Motion Hearing set for Thursday, 4/8/2021 at 1:30 PM before Honorable David C Norton. Call-in instructions will be distributed at a later date. (jbry, )
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Filing 18
DELETION OF DOCKET ENTRY NUMBERS 13 and 14. Reason: Attachments that were filed separately added to main document. Corrected Filing Document Number #12 (jbry, )
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Filing 16
Corporate Disclosure Statement by Tideland Management LLC. (Wright, Michael)
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Filing 15
Local Rule 26.01 Answers to Interrogatories by Tideland Management LLC.(Wright, Michael)
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Filing 12
RESPONSE in Opposition re #6 MOTION for Preliminary Injunction Response filed by Tideland Management LLC.Reply to Response to Motion due by 4/7/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Tideland Brewing Trademark Application, #2 Exhibit Tidal Creek Brewhouse Announcement, #3 Exhibit Georgia Craft Brewers Guide Members, #4 Exhibit Florida Brewers Guide Members, #5 Exhibit Riptide Brewing Website, #6 Exhibit Beer Trademarks, #7 Exhibit other alcholic beverage Trademarks, #8 Exhibit Bar/Restaurant Trademarks, #9 Exhibit Live Trademarks with "Tide" or "Tidal", #10 Exhibit Tidalflow - Estuary Beans & Barley, #11 Exhibit Consumer Price Index, #12 Exhibit Beer Industry Statistics, #13 Exhibit Draft Magazine Wikipedia, #14 Exhibit Rachael Ray Show, #15 Exhibit Secretary of State Searches, #16 Exhibit Plaintiff's Claim as a "Craft Brewer", #17 Exhibit Craft Brewer Definition, #18 Exhibit BA Report, #19 Exhibit Census Data)(Wright, Michael) (Additional attachment(s) added on 4/1/2021: #20 Declaration of Hunter Eisele, #21 Declaration of Jonathan Hudson) (jbry, ). Modified on 4/1/2021 to add to main document attachments that were filed separately (jbry, ). Modified on 4/8/2021 to create linkage to #27 Additional Attachments filed 4/8/2021 (jbry, ).
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Filing 11
MOTION to Expedite Hearing on Motion for Temporary Restraining Order and Preliminary Injunction by Low Tide Brewing LLC. Response to Motion due by 4/13/2021. 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 1 - Declaration of Allison Havens)No proposed order.(Colwell, Angelica)
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Filing 10
ORDER granting #9 Motion by David Kenneth Friedland to Appear Pro Hac Vice. Signed by Honorable David C Norton on 3/24/2021.(jbry, )
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Filing 9
MOTION to Appear Pro Hac Vice by David Kenneth Friedland ( Filing fee $ 350 receipt number 0420-9724836) by Low Tide Brewing LLC. Response to Motion due by 4/6/2021. 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 of David K. Friedland, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Colwell, Angelica)
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Filing 8
SUMMONS Returned Executed by Low Tide Brewing LLC. Hunter Eisele served on 3/21/2021, answer due 4/12/2021; Tideland Management LLC served on 3/21/2021, answer due 4/12/2021. (Attachments: #1 Affidavit of Service for Tideland Management, LLC, #2 Affidavit of Service for Hunter Eisele)(Colwell, Angelica)
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Filing 7
Report on the Filing or Determination of an Action or Appeal Regarding a Patent or Trademark. (jbry, )
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Filing 6
MOTION for Preliminary Injunction by Low Tide Brewing LLC. Response to Motion due by 4/1/2021. 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 Declaration of Andrew Elliott, #3 Declaration of Colin Davis, #4 Declaration of Mike Fielding, #5 Declaration of Zachary Kramer)No proposed order.(jbry, ) (Main Document 6 replaced on 3/18/2021) (jbry, ). Modified on 3/18/2021 to correct case number on document (jbry, ).
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Filing 4
Summons Issued as to All Defendants. (jbry, )
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Filing 3
DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Low Tide Brewing LLC.(jbry, )
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Filing 2
Local Rule 26.01 Answers to Interrogatories by Low Tide Brewing LLC.(jbry, )
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0420-9717525.), filed by Low Tide Brewing LLC. Service due by 6/16/2021 (Attachments: #1 Exhibit A - LTB Home Page, #2 Exhibit B - Registrations, #3 Exhibit C - LTB Ad Samples, #4 Exhibit D - CCP Article, #5 Verification for Complaint)(jbry, )
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