VITAL Federal Credit Union v. Vital Card Inc
| VITAL Federal Credit Union |
| Vital Card Inc |
| 7:2018cv02264 |
| August 15, 2018 |
| US District Court for the District of South Carolina |
| Spartanburg Office |
| Spartanburg |
| Timothy M Cain |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 44 Report on the Determination of an Action Regarding a Trademark. (kmca) |
| Filing 43 JUDGMENT that Defendant's motion to dismiss is granted without prejudice. (kmca) |
Filing 42
ORDER granting #20 Motion to Dismiss for Lack of Personal Jurisdiction; finding as moot #20 Motion to Dismiss for Failure to State a Claim. This action is DISMISSED without prejudice. Signed by Honorable Timothy M Cain on 3/21/19.(kmca)
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| Filing 40 RESPONSE to Motion re #20 MOTION to Dismiss for Lack of Jurisdiction, andMOTION to Dismiss for Failure to State a Claim Response filed by VITAL Federal Credit Union.Reply to Response to Motion due by 3/27/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Green, Robert) |
| Filing 38 TEXT ORDER granting #37 Motion to Substitute Attorney. Entered at the direction of the Honorable Timothy M Cain on 3/6/19.(kmca) |
| Filing 37 MOTION to Substitute Attorney by VITAL Federal Credit Union. Response to Motion due by 3/20/2019. 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.(Farrar, Steven) |
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Filing 36
ORDER denying Plaintiff's #6 MOTION for Preliminary Injunction. Signed by Honorable Timothy M Cain on 1/30/19. (kmca)
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| Filing 35 Minute Entry. Proceedings held before Honorable Timothy M Cain: denying #6 Motion for Preliminary Injunction. Taking under advisement #20 Motion to Dismiss for Lack of Jurisdiction and Motion to Dismiss for Failure to State a Claim. Motion Hearing held on 1/24/2019. Written order forthcoming. Court Reporter Debra Bull. (pbri, ) |
| Filing 34 NOTICE of Appearance by Robert Thomas Green on behalf of VITAL Federal Credit Union (Green, Robert) |
| Filing 33 NOTICE of Change of Address of pro hac vice firm (Farrar, Steven) Modified on 11/28/2018: to edit text; CLERK'S NOTE: change of address form submitted (kmca). |
| Filing 31 NOTICE of Hearing on Motion: #20 MOTION to Dismiss for Lack of Jurisdiction, and MOTION to Dismiss for Failure to State a Claim, #6 MOTION for Preliminary Injunction : Motion Hearing set for 1/24/2019 09:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. (pbri, ) Modified on 11/16/2018: to add location (kmca). |
| Filing 30 TEXT ORDER - In light of the protection requests submitted by counsel and the court's docket, the clerk will schedule a hearing for January 24, 2019, at 9:30 AM. Signed by Honorable Timothy M Cain on 11/14/2018. (hima, ) |
| Filing 29 AFFIDAVIT in Support re #6 MOTION for Preliminary Injunction . (Attachments: #1 Declaration of Aimee Fortner-West)(Farrar, Steven) |
| Filing 28 TEXT ORDER granting #27 Consent Motion for Extension of Time to File Reply to #23 Response in Opposition to #20 MOTION to Dismiss for Lack of Jurisdiction, and MOTION to Dismiss for Failure to State a Claim. Reply due by 11/9/2018. Entered at the direction of the Honorable Timothy M Cain on 10/24/18.(kmca) |
| Filing 27 Consent MOTION for Extension of Time to File Response/Reply as to #23 Response in Opposition to Motion, by Vital Card Inc. Response to Motion due by 11/6/2018. 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.(Jefferson, Meliah) |
| Filing 26 NOTICE of Request for Protection from Court Appearance by Meliah Bowers Jefferson for 10/29-31/2018; 11/01/2018; 11/06-07/2018; 11/26/2018; 12/10-14/2018; 01/02-04/2019; 01/10-21/2019; and 03/04-08/2019 (Jefferson, Meliah) |
| Filing 25 NOTICE of Request for Protection from Court Appearance for Steven Edward Farrar: 10/29-10/31/18, 11/1-11/2/18, 11/5-11/6/18, 12/5-12/7/18, 12/17-12/18/18; for Stuart R Dunwoody: 11/12-11/14/18, 11/21/18, 12/11-12/12/18, 1/7-1/10/19 (Farrar, Steven) Modified on 10/23/2018: to list dates for each attorney (kmca). |
| Filing 23 RESPONSE in Opposition re #20 MOTION to Dismiss for Lack of Jurisdiction, andMOTION to Dismiss for Failure to State a Claim Response filed by VITAL Federal Credit Union.Reply to Response to Motion due by 10/26/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Declaration of Stuart Dunwoody, #2 Declaration of Scott Adams)(Farrar, Steven) |
| Filing 21 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction Response filed by VITAL Federal Credit Union. (Attachments: #1 Supplemental Declaration of Omero DeLorenzo, #2 Supplemental Declaration of Stuart Dunwoody)(Farrar, Steven) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction, and MOTION to Dismiss for Failure to State a Claim by Vital Card Inc. Response to Motion due by 10/9/2018. 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 Declaration of Chris Bridges in Support of Motion to Dismiss, #2 Vital Card Memo in Support of Motion to Dismiss)No proposed order.(Jefferson, Meliah). Added MOTION TO Dismiss for Failure to State a Claim on 9/26/2018: to include additional relief listed (kmca). |
| Filing 18 AFFIDAVIT in Opposition Declaration of Chris Bridges re #6 MOTION for Preliminary Injunction. Response filed by Vital Card Inc. (Attachments: #1 Exhibit A - Representative Samples of Webpages-Part 1 of 3, #2 Exhibit A - Representative Samples of Webpages-Part 2 of 3, #3 Exhibit A - Representative Samples of Webpages-Part 3 of 3, #4 Exhibit B - Representative Samples of Applications and Registrations)(Jefferson, Meliah) Modified on 9/19/2018: to add text (kmca). |
| Filing 17 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction Response filed by Vital Card Inc.Reply to Response to Motion due by 9/25/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Jefferson, Meliah) |
| Filing 15 TEXT ORDER granting #12 Joint MOTION for Extension of Time. Defendant's response to #6 MOTION for Preliminary Injunction due by 9/18/2018. Plaintiff's reply due by 10/5/2018. Defendant's answer to #1 Complaint due 9/25/18. Entered at the direction of the Honorable Timothy M Cain on 8/30/18. (kmca) |
| Filing 13 Local Rule 26.01 Answers to Interrogatories by Vital Card Inc.(Jefferson, Meliah) |
| Filing 12 Joint MOTION for Extension of Time by Vital Card Inc, VITAL Federal Credit Union. Response to Motion due by 9/13/2018. 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.(Jefferson, Meliah) Modified on 8/30/2018: to add joint filer as listed (kmca). |
| Filing 11 TEXT ORDER granting #10 Motion to Appear Pro Hac Vice. Stuart R Dunwoody added for Plaintiff. Entered at the direction of the Honorable Timothy M Cain on 8/29/18.(kmca) |
| Filing 10 MOTION to Appear Pro Hac Vice by Stuart R. Dunwoody ( Filing fee $ 250 receipt number 0420-7970277) by VITAL Federal Credit Union. Response to Motion due by 9/12/2018. 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 Application/Affidavit for PHV Admission)No proposed order.(Farrar, Steven) |
| Filing 9 SUMMONS Returned Executed by VITAL Federal Credit Union. Vital Card Inc served on 8/20/2018, answer due 9/10/2018. (Attachments: #1 Exhibit A - Return Receipt, #2 Exhibit B - USPS Tracking Printout)(Farrar, Steven) |
| Filing 6 MOTION for Preliminary Injunction by VITAL Federal Credit Union. Response to Motion due by 9/10/2018. 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 Declaration of Omero DeLorenzo, #3 Declaration of Stuart Dunwoody, #4 Declaration of Chassiti Burgess)No proposed order.(Farrar, Steven) Modified on 8/29/2018: to reset response deadline to 9/10/18 (from 8/30/18) per #9 summons returned (kmca). |
| Filing 5 Report on the Filing or Determination of an Action or Appeal Regarding a Trademark. (kmca) |
| Filing 4 Summons Issued as to Vital Card Inc. (kmca) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by VITAL Federal Credit Union.(kmca) |
| Filing 1 COMPLAINT against Vital Card Inc (Filing fee $400 receipt number 0420-7944838), filed by VITAL Federal Credit Union. Service due by 11/13/2018. (Attachments: #1 Exhibit A - U.S. Trademark Registration No. 4,586,007, #2 Exhibit B - FAQ from Vital Card Website)(kmca) |
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