Yacht Basin Provision Company, Inc. v. Bates et al
| Yacht Basin Provision Company, Inc. d/b/a Provision Company |
| INLET PROVISION COMPANY, Hot Fish Club, LLC d/b/a Inlet Provision Company, Kathy Bates, Phillip Bates, Cyndi Moran and PKC Investments, LLC d/b/a Inlet Provision Company |
| 2:2022cv02180 |
| July 18, 2022 |
| US District Court for the District of South Carolina |
| David C Norton |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.
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Filing 57
Amended ANSWER to #7 Amended Complaint, , COUNTERCLAIM against Yacht Basin Provision Company, Inc. by Cyndi Moran, Kathy Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, INLET PROVISION COMPANY, Phillip Bates, PKC Investments, LLC.(Racine, Russell)
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Filing 56
ORDER granting #55 Motion for John Wooten, IV to Appear Pro Hac Vice for the plaintiff. Signed by Honorable David C Norton on 09/07/2022.(hcor, )
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Filing 55
MOTION to Appear Pro Hac Vice by John D. Wooten, IV ( Filing fee $ 350 receipt number ASCDC-10684674) by Yacht Basin Provision Company, Inc.. Response to Motion due by 9/20/2022. 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 - for Pro Hac Vice Admission of John D. Wooten, IV, #2 Supporting Documents - Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Ellard, Ryan)
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Filing 54
Defendants' ANSWER to #46 Amended Complaint, , COUNTERCLAIM by PKC Investments, LLC against Yacht Basin Provision Company, Inc. by Cyndi Moran, Hot Fish Club, LLC d/b/a Inlet Provision Company, Kathy Bates, PKC Investments, LLC, INLET PROVISION COMPANY, Phillip Bates.(Racine, Russell)
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Filing 53
CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 9/9/2022, 26(a) Initial Disclosures due by 10/12/2022, Rule 26 Report due by 10/12/2022, Motions to Amend Pleadings due by 11/14/2022, Plaintiffs ID of Expert Witness due by 12/16/2022, Defendants ID of Expert Witnesses Due by 1/17/2023, Discovery due by 5/6/2023, Motions in Limine must be filed at least three weeks prior to jury selection, Motions due by 6/24/2023, Jury Selection Deadline 7/1/2023, ADR Statement due by 5/31/2023, Mediation Due by 6/30/2023. Signed by Honorable David C Norton on 08/03/2022. (hcor, )
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Filing 52
Local Rule 26.01 Answers to Interrogatories by Kathy Bates, Phillip Bates, Cyndi Moran, PKC Investments, LLC.(Racine, Russell)
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Filing 51
Local Rule 26.01 Answers to Interrogatories by Yacht Basin Provision Company, Inc..(Ellard, Ryan)
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Filing 50
NOTICE of Appearance by Ryan D Ellard on behalf of Yacht Basin Provision Company, Inc. (Ellard, Ryan)
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Filing 49
Case transferred in from District of North Carolina Eastern; Case Number 7:21-cv-00117. Original file certified copy of transfer order and docket sheet received.
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Filing 48
ORDER denying #21 Motion to Dismiss for Lack of Jurisdiction; granting #21 Motion to Transfer Case. That part of the motion seeking dismissal for lack of personal jurisdiction and improper venue is DENIED. That part of the motion seeking transfer of venue, under 1404(a) is GRANTED. Where the court lacks personal jurisdiction over defendants, and where venue is proper in South Carolina, this matter is transferred to the United States District Court for the District of South Carolina, pursuant to 28 U.S.C. 1404(a). Signed by District Judge Louise Wood Flanagan on 7/8/2022. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Case transferred to District of South Carolina. File transmitted electronically. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 47
Minute Entry for proceedings held before District Judge Louise Wood Flanagan: Motion Hearing held on 5/19/2022 in the New Bern Courtroom regarding #21 MOTION to Dismiss for Lack of Jurisdiction, or in the Alternative, MOTION to Transfer Case to District of South Carolina. Counsel for plaintiff and counsel defendants present. Court hears argument from the parties and takes the matter under advisement. (Court Reporter Tracy McGurk) (Castania, M) [Transferred from North Carolina Eastern on 7/18/2022.]
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Set Hearing as to #21 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative MOTION to Transfer Case to District of South Carolina. Motion Hearing set for 5/19/2022 at 10:00 AM in New Bern - Courtroom before District Judge Louise Wood Flanagan. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Motion Submitted to District Judge Louise Wood Flanagan regarding #21 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative MOTION to Transfer Case to District of South Carolina. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Notice of Documents Unsealed regarding DE #39 - The Plaintiff having given proper notice at DE #40 of the filing of materials that have been designated confidential by Defendant at #39 and there having been no motion to seal filed in response, the Court has removed the temporary seal placed on certain documents at #39 pursuant to Section V.G.1(g)(iii) of the CM/ECF Policy and Procedures Manual. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 46
AMENDED COMPLAINT (Second) against All Defendants, filed by Yacht Basin Provision Company, Inc.. (Attachments: #1 Exhibit A - Grand Stand Ads, #2 Exhibit B - Grand Stand Locations, #3 Exhibit C - Articles re Plaintiff, #4 Exhibit D - 222 Registration) (Burke, Charles) Modified on 3/15/2022 (Collins, S.). [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 45
REPLY to Response to Motion regarding #21 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative MOTION to Transfer Case to District of South Carolina filed by Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Inlet Provision Company, Cyndi Moran. (Racine, Russell) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 44
DISREGARD AMENDED COMPLAINT against All Defendants, filed by Yacht Basin Provision Company, Inc. (Burke, Charles) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 43
ORDER granting #41 Consent MOTION to Amend/Correct #7 Amended Complaint. Plaintiff is directed to enter Plaintiff's second amended complaint on the docket within 5 days of the date of this order. Signed by District Judge Louise Wood Flanagan on 3/7/2022. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Motion Submitted to District Judge Louise Wood Flanagan regarding #41 Consent MOTION to Amend/Correct #7 Amended Complaint. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 42
Proposed Order regarding #41 Consent MOTION to Amend/Correct #7 Amended Complaint, filed by Yacht Basin Provision Company, Inc.. (Wooten, John) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 41
Consent MOTION to Amend/Correct #7 Amended Complaint, filed by Yacht Basin Provision Company, Inc.. (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Second Amended Complaint (REDLINE)) (Wooten, John) [Transferred from North Carolina Eastern on 7/18/2022.]
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NOTICE OF DEFICIENCY regarding #41 Motion to Amend/Correct. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 40
Notice filed by Yacht Basin Provision Company, Inc. regarding #39 PROPOSED SEALED Exhibit,, . (Burke, Charles) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 39
Exhibit (Selected Participants Only)by Provision Company (available to: Defendants Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Inlet Provision Company, Cyndi Moran, Plaintiff Yacht Basin Provision Company, Inc.) regarding #38 Response in Opposition to Motion,,,,,. (Attachments: #1 Exhibit D - Grand Strand Communications (PX-2, 3, 5), #2 Exhibit I - Sasee Communications (PX-13 & 16), #3 Exhibit M - Email List (PX-24), #4 Exhibit O - Broadcast Materials (PX-44 & 45)) (Burke, Charles) Modified on 3/15/2022 to remove provisional seal as no motion to seal filed. (Collins, S.). [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 38
RESPONSE in Opposition regarding #21 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative MOTION to Transfer Case to District of South Carolina filed by Yacht Basin Provision Company, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Phillip Bates Deposition Excerpts, #3 Exhibit B - Cynthia Moran Deposition Excerpts, #4 Exhibit C - Kathy Bates Deposition Excerpts, #5 Exhibit D - Grand Strand Communications (PX-2, 3, 5) (FILED UNDER SEAL), #6 Exhibit E - Grand Strand Communications (PX-4, 6, 7), #7 Exhibit F - 2021 Grand Strand Media Kit (PX-08), #8 Exhibit G - Grand Strand Locations (PX-09 & 10), #9 Exhibit H - Sasee Media Kit and Info (PX-11 & 12), #10 Exhibit I - Sasee Communications (PX-13 & 16) (FILED UNDER SEAL), #11 Exhibit J - Sasee Communications (PX-14, 15, 17, 18, 19, 20, 21), #12 Exhibit K - 2019 Grand Strand Media Kit & Email (DX000033-40), #13 Exhibit L - Online Reviews (PX-37-39), #14 Exhibit M - Email List (PX-24) (FILED UNDER SEAL), #15 Exhibit N - Town Planner Ad (PX-26 & 27), #16 Exhibit O - Broadcast Materials (PX-44 & 45) (FILED UNDER SEAL), #17 Exhibit P - Broadcast Map (PX-46), #18 Exhibit Q - Coastal Map (PX-47), #19 Affidavit of Paul Swenson) (Burke, Charles) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 37
Memorandum in Support regarding #22 Memorandum in Support, Supplement filed by Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Inlet Provision Company, Cyndi Moran. (Attachments: #1 Exhibit 1-Depo Excerpts Kathy Bates, #2 Exhibit 2-Depo Excerpts Phillip Bates, #3 Exhibit 3-Depo Excerpts Cyndi Moran) (Racine, Russell) Modified on 3/15/2022 to create docket entry relationship to motion #21 . (Collins, S.). [Transferred from North Carolina Eastern on 7/18/2022.]
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TEXT ORDER - This matter is before the court on the parties' reports pursuant to the court's December 13, 2021, order DE #34 , #36 . Per the parties' agreed briefing schedule, defendants shall file a supplemental memorandum in support of their pending motion DE #21 by February 15, 2022. Plaintiff shall file its response in opposition to that motion by March 1, 2022. Defendants shall then file reply, if any, by March 8, 2022. Further, the court has considered plaintiff's request to dissolve the September 30, 2021, stay on the parties' scheduling conference activities. Based on the issues raised by defendants' motion, the court maintains the stay on parties' scheduling conference activities pending resolution of defendants' motion. Signed by District Judge Louise Wood Flanagan on 2/9/2022. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 36
NOTICE OF REQUEST TO LIFT STAY OF DISCOVERY AND PROPOSED BRIEFING DEADLINES REGARDING DEFENDANTS' MOTION TO DISMISS regarding Text Order,, #33 Order on Motion for Discovery,, filed by Yacht Basin Provision Company, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Phillip Bates Deposition Excerpts, #3 Exhibit B - Cynthia Moran Deposition Excerpts, #4 Exhibit C - Kathy Bates Deposition Excerpts, #5 Exhibit D - Plaintiffs Deposition Exhibit 08, #6 Exhibit E - Plaintiffs Deposition Exhibit 09, #7 Exhibit F - Plaintiffs Deposition Exhibit 11, #8 Exhibit G - Plaintiffs Deposition Exhibit 46, #9 Exhibit H - Plaintiffs Deposition Exhibit 47, #10 Exhibit I - Plaintiffs Deposition Exhibit 27, #11 Exhibit J - Plaintiffs Deposition Exhibit 26, #12 Text of Proposed Order) (Burke, Charles) Modified on 2/8/2022 to revise docket text. (Collins, S.). [Transferred from North Carolina Eastern on 7/18/2022.]
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NOTICE OF DEFICIENCY regarding #35 Response. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit A" is not a sufficient description). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all of the subsequent attached documents. Counsel is directed to refile. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 35
**CORRECTED AND REFILED AT #36 ** RESPONSE to Order regarding Text Order,, #33 Order on Motion for Discovery,, filed by Yacht Basin Provision Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Text of Proposed Order) (Burke, Charles) Modified on 2/8/2022 (Collins, S.). [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 34
DEFENDANTS' REPORT OF BRIEFING SCHEDULE REGARDING RESOLUTION OF DEFENDANTS' MOTION TO DISMISS by Defendants Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Inlet Provision Company, Cyndi Moran regarding #33 Order on Motion for Discovery,, (Attachments: #1 Exhibit A-Proposed Order) (Racine, Russell) Modified on 2/8/2022 to revise docket text. (Collins, S.). [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 33
ORDER - Plaintiff's motion DE #30 is GRANTED, and discovery and proposals for briefing on defendants' motion shall proceed as described herein. The stay imposed October 18, 2021, remains in force pending further order of the court upon joint report of the parties as directed herein. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 12/13/2021. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Motion Submitted to District Judge Louise Wood Flanagan regarding #30 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative MOTION to Transfer Case to District of South Carolina MOTION for Discovery on Personal Jurisdiction MOTION to Expedite Briefing Schedule. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 32
RESPONSE in Opposition regarding #30 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative MOTION to Transfer Case to District of South Carolina MOTION for Discovery on Personal Jurisdiction MOTION to Expedite Briefing Schedule filed by Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Inlet Provision Company, Cyndi Moran. (Attachments: #1 Affidavit Supp. Aff. of Phillip Bates, #2 Affidavit Aff. of Kathy Bates, #3 Affidavit Aff. of Cynthia Moran, #4 Exhibit 4-Defendants' Discovery Responses to Interrogatories) (Racine, Russell) [Transferred from North Carolina Eastern on 7/18/2022.]
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TEXT ORDER - This matter comes before the court on plaintiff's motions for an extension of time and for jurisdictional discovery. #30 . Plaintiff's motion for extension of time to respond to defendants' motion to dismiss #21 is GRANTED, and the court STAYS plaintiff's obligation to respond to the motion, and the court's resolution of such, pending disposition of plaintiff's motion for jurisdictional discovery. Defendants shall file a response to plaintiff's motion for jurisdictional discovery within 14 days of this order. See Local Civil Rules 7.1(c)(1), (g)(2), 26.1(d). There shall be no reply. Thereupon, the court will enter such further order as is warranted regarding the issues raised. Signed by District Judge Louise Wood Flanagan on 10/18/2021. (Tripp, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 31
Memorandum in Support regarding #30 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative MOTION to Transfer Case to District of South Carolina MOTION for Discovery on Personal Jurisdiction MOTION to Expedite Briefing Schedule filed by Yacht Basin Provision Company, Inc.. (Attachments: #1 Exhibit A - Jurisdictional Discovery Requests, #2 Affidavit of Maria Swenson) (Burke, Charles) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 30
MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative MOTION to Transfer Case to District of South Carolina , MOTION for Discovery on Personal Jurisdiction, MOTION to Expedite Briefing Schedule filed by Yacht Basin Provision Company, Inc.. (Attachments: #1 Text of Proposed Order) (Burke, Charles) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 29
RESPONSE by Plaintiff Yacht Basin Provision Company, Inc. to the Court's Proposed Stay of Scheduling Conference (Burke, Charles) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 28
Financial Disclosure Statement by Phillip Bates (Racine, Russell) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 27
Financial Disclosure Statement by Kathy Bates (Racine, Russell) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 26
Financial Disclosure Statement by Cyndi Moran (Racine, Russell) [Transferred from North Carolina Eastern on 7/18/2022.]
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TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendants have filed a motion to dismiss or alternative motion to transfer venue, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motions filed 9/24/21. Signed by District Judge Louise Wood Flanagan on 9/30/2021. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Kathy Bates, Phillip Bates, Cyndi Moran. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 25
Notice of Appearance filed by John D. Wooten, IV on behalf of All Plaintiffs. (Wooten, John) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 24
Financial Disclosure Statement on behalf of PKC Investments, LLC (Racine, Russell) Modified on 9/29/2021 (Collins, S.). [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 23
Financial Disclosure Statement by Hot Fish Club, LLC d/b/a Inlet Provision Company (Racine, Russell) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 22
Memorandum in Support regarding #21 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative MOTION to Transfer Case to District of South Carolina filed by Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Inlet Provision Company, Cyndi Moran. (Attachments: #1 Exhibit 1-Portion of Defendants Webpage, #2 Affidavit of Phillip Bates In Support of Motion to Dismiss) (Racine, Russell) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 21
MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, MOTION to Transfer Case to District of South Carolina filed by Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Inlet Provision Company, Cyndi Moran. (Racine, Russell) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 20
Amended Notice of Substitution of Counsel filed by Russell M. Racine on behalf of Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Inlet Provision Company, Cyndi Moran substituting for Paul H Derrick. (Racine, Russell) Modified on 9/29/2021 to revise docket text. (Collins, S.). [Transferred from North Carolina Eastern on 7/18/2022.]
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NOTICE OF DEFICIENCY regarding #18 Notice of Substitution of Counsel. Pursuant to Local Rule 5.2(c) a notice of substitution of counsel must (i) be signed by and contain a signature block for both attorneys in compliance with Local Civil Rule 10.1; (ii) identify the parties represented; (iii) verify that the attorney entering the case is aware of and will comply with all pending deadlines in the case, including proceeding with any scheduled trial or hearings; and (iv) be served on all parties. Counsel shall refile. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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NOTICE OF DEFICIENCY regarding #19 Motion to Dismiss/Lack of Jurisdiction. Counsel failed to select all of the motion events requested in the document. Counsel is directed to re-file the document, selecting all motions that apply to the filing. {See page 33 of the CM/ECF User's Manual for instructions on how to select multiple motions.} In addition, a memorandum in support should be filed separately from the motion pursuant to Local Civil Rule 7.1(e). (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 19
**CORRECTED AND REFILED AT #21 ** MOTION to Dismiss for Lack of Jurisdiction or Transfer to District of South Carolina filed by Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Inlet Provision Company, Cyndi Moran. (Attachments: #1 Exhibit Website, #2 Affidavit Phillip Bates) (Racine, Russell) Modified on 9/29/2021 (Collins, S.). [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 18
**CORRECTED AND REFILED AT #20 ** Notice of Substitution of Counsel filed by Russell M. Racine on behalf of Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Inlet Provision Company, Cyndi Moran substituting for Paul H. Derrick. (Racine, Russell) Modified on 9/29/2021 (Collins, S.). [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 17
Notice of Appearance filed by Paul H. Derrick on behalf of All Defendants. (Derrick, Paul) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 16
Consent MOTION for Extension of Time to File Answer regarding #7 Amended Complaint, filed by Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Inlet Provision Company, Cyndi Moran. (Attachments: #1 Text of Proposed Order Granting Consent Motion for Extension of Time) (Derrick, Paul) [Transferred from North Carolina Eastern on 7/18/2022.]
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Notice to Counsel. Attorney Paul H. Derrick should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Motion Submitted to Peter A. Moore, Jr., Clerk of Court regarding #16 Consent MOTION for Extension of Time to File Answer regarding #7 Amended Complaint. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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TEXT ORDER granting Defendants' Consent Motion for Extension of Time #16 . For good cause shown, it is ordered that Defendants have up to and including September 20, 2021, within which to answer or otherwise respond to the Amended Complaint #7 . Signed by Peter A. Moore, Jr., Clerk of Court on 8/16/2021. (Hockaday, A.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 15
Affidavit of Service for Complaint filed by Yacht Basin Provision Company, Inc. served on Cyndi Moran on 7/29/2021. (Burke, Charles) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 14
Affidavit of Service for Complaint filed by Yacht Basin Provision Company, Inc. served on Kathy Bates on 7/30/2021. (Burke, Charles) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 13
Affidavit of Service for Complaint filed by Yacht Basin Provision Company, Inc. served on Phillip Bates on 7/30/2021. (Burke, Charles) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 12
Summons Issued as to Kathy Bates, Phillip Bates, Hot Fish Club, LLC d/b/a Inlet Provision Company, Cyndi Moran.(*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 11
Notice filed by Yacht Basin Provision Company Proposed Summons - Cyndi Moran. (Kim, Minnie) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 10
Notice filed by Yacht Basin Provision Company Proposed Summons - Phillip Bates. (Kim, Minnie) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 9
Notice filed by Yacht Basin Provision Company Proposed Summons - Kathy Bates. (Kim, Minnie) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 8
Notice filed by Yacht Basin Provision Company Proposed Summons - Hot Fish Club LLC d/b/a Inlet Provision Company. (Kim, Minnie) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 7
AMENDED COMPLAINT against Hot Fish Club, LLC d/b/a Inlet Provision Company, Kathy Bates, Phillip Bates, Cyndi Moran, filed by Yacht Basin Provision Company. (Attachments: #1 Exhibit A - Grand Stand Ads, #2 Exhibit B - Grand Stand Locations, #3 Exhibit C - Articles re Plaintiff, #4 Exhibit D - 222 Registration) (Kim, Minnie) [Transferred from North Carolina Eastern on 7/18/2022.]
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Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 6
Notice of Appearance filed by Minnie Kim on behalf of Yacht Basin Provision Company. (Kim, Minnie) [Transferred from North Carolina Eastern on 7/18/2022.]
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Notice to Counsel. Attorney Minnie Kim should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 5
Notice of Appearance filed by Charles A. Burke on behalf of Yacht Basin Provision Company. (Burke, Charles) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 4
Financial Disclosure Statement by Yacht Basin Provision Company (Kim, Minnie) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 3
Notice filed by Yacht Basin Provision Company JS44 Civil Cover Sheet. (Kim, Minnie) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 2
TRADEMARK REPORT: Copy of report and complaint forwarded to Mail Stop 8, Director of the U.S. Patent and Trademark Office, P.O. Box 1450 Alexandria, VA 22313-1450 via US Mail on June 29, 2021. (Rudd, D.) [Transferred from North Carolina Eastern on 7/18/2022.]
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NOTICE OF DEFICIENCY regarding #1 Complaint - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Notice to Counsel - No Summons provided for issuance or Waiver of Service filed. (Rudd, D.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) [Transferred from North Carolina Eastern on 7/18/2022.]
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Yacht Basin Provision Company. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) [Transferred from North Carolina Eastern on 7/18/2022.]
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Filing 1
COMPLAINT against INLET PROVISION COMPANY ( Filing fee $ 402 receipt number 0417-6113318.), filed by YACHT BASIN PROVISION COMPANY. (Attachments: #1 Exhibit A - Grand Stand Ads, #2 Exhibit B - Grand Stand Locations, #3 Exhibit C - Articles re Plaintiff, #4 Exhibit D - 222 Registration) (Kim, Minnie) [Transferred from North Carolina Eastern on 7/18/2022.]
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