Nailcare Academy LLC et al v. Medinails, Inc et al
| Nailcare Academy LLC and Janet McCormick |
| Medinails, Inc and Dr. Robert Spalding |
| 1:2022cv00014 |
| January 13, 2022 |
| US District Court for the Eastern District of Tennessee |
| Charles E Atchley |
| Curtis L Collier |
| Christopher H Steger |
| Trademark |
| 15 U.S.C. § 1125 |
| Defendant |
Docket Report
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| Filing 62 NOTICE of Appearance by Russ Swafford on behalf of All Defendants (Swafford, Russ) |
Filing 60
SCHEDULING ORDER: Jury Trial set for 10/2/2023 09:00 AM before District Judge Curtis L Collier. Final Pretrial Conference set for 9/21/2023 04:00 PM before District Judge Curtis L Collier.Signed by District Judge Curtis L Collier on 2/28/2022. (CNC)
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| Filing 61 Minute Entry for proceedings held before District Judge Curtis L Collier: Scheduling Conference held on 2/24/2022, without a Court Reporter and Courtroom Deputy. (BJL) |
| Filing 59 RESPONSE in Opposition re #53 Amended MOTION to Dismiss Defendant's Counterclaim and Incorporated Memorandum of Law in Support filed by Medinails, Inc, Robert Spalding. (Rumfelt, Eileen) |
| Filing 58 Amended ANSWER to #1 Complaint, , COUNTERCLAIM against All Plaintiffs by Robert Spalding, Medinails, Inc.(Rumfelt, Eileen) |
| Filing 57 REPORT of Rule 26(f) Planning Meeting. (Warzecha, Mark) |
| Filing 56 Certificate of Corporate Interest by Nailcare Academy LLC. (Warzecha, Mark) |
| Filing 55 Certificate of Corporate Interest by Medinails, Inc. (Rumfelt, Eileen) |
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Filing 54
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Curtis L Collier on February 7, 2022. (Attachments: #1 Consent/Non-Consent Form) (SAC) Modified on 2/7/2022, Served by mail to Tiffany Jones, 1900 West New Haven Ave., Melbourne FL 32904 on February 7, 2022. (SAC).
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| Filing 53 Amended MOTION to Dismiss Defendant's Counterclaim and Incorporated Memorandum of Law in Support by Janet McCormick, Nailcare Academy LLC. (Warzecha, Mark) |
| Filing 52 NOTICE of Hearing: Scheduling Conference set for 2/24/2022 02:45 PM in Judge's Chambers (Telephonic Hearing) before District Judge Curtis L Collier. (CBS) |
| Filing 51 MOTION for Leave to Appear Pro Hac Vice Tiffany Jones ( Filing fee $ 90 receipt number ATNEDC-4957897.) by Janet McCormick, Nailcare Academy LLC. (Warzecha, Mark) |
| Clerk's Verification of PHV Requirements is complete regarding document: #51 MOTION for Leave to Appear Pro Hac Vice Tiffany Jones ( Filing fee $ 90 receipt number ATNEDC-4957897.) filed by Janet McCormick, Nailcare Academy LLC as to Janet McCormick, Nailcare Academy LLC (CNC) |
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Filing 50
ORDER REASSIGNING CASE. District Judge Charles E Atchley, Jr no longer assigned to case. Case reassigned to District Judge Curtis L Collier for all further proceedings. Signed by District Judge Travis R McDonough on 1/26/22. (CNC)Mailed to Jessica Page, Mark Warzecha, and Tiffany Ann Jones (CNC).
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Filing 49
ORDER granting #47 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Christopher H Steger on 1-26-22. (KMG)
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| Clerk's Verification of PHV Requirements is complete regarding document: #47 MOTION for Leave to Appear Pro Hac Vice of Eileen Rumfelt ( Filing fee $ 90 receipt number ATNEDC-4954605.) filed by Medinails, Inc, Robert Spalding (CNC) |
| Filing 48 Notice of Attorney Withdrawal Attorney Crystal T. Broughan and Logan Kyle McEwen terminated. (Eiselstein, Kyle) |
| Filing 47 MOTION for Leave to Appear Pro Hac Vice of Eileen Rumfelt ( Filing fee $ 90 receipt number ATNEDC-4954605.) by Medinails, Inc, Robert Spalding. (Attachments: #1 Other Certificate of Good Standing)(Eiselstein, Kyle) |
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Filing 46
ORDER granting #44 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting #45 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Christopher H Steger on 1-24-22. (KMG)Mailed to Jessica Page and Mark Warzecha (CNC).
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| Clerk's Verification of PHV Requirements is complete regarding document: #45 MOTION for Leave to Appear Pro Hac Vice Jessica Page ( Filing fee $ 90 receipt number ATNEDC-4952399.) filed by Janet McCormick, Nailcare Academy LLC, #44 MOTION for Leave to Appear Pro Hac Vice Mark F. Warzecha ( Filing fee $ 90 receipt number ATNEDC-4952372.) filed by Janet McCormick, Nailcare Academy LLC (CNC) |
| Filing 45 MOTION for Leave to Appear Pro Hac Vice Jessica Page ( Filing fee $ 90 receipt number ATNEDC-4952399.) by Janet McCormick, Nailcare Academy LLC. (Dedman, Marc) |
| Filing 44 MOTION for Leave to Appear Pro Hac Vice Mark F. Warzecha ( Filing fee $ 90 receipt number ATNEDC-4952372.) by Janet McCormick, Nailcare Academy LLC. (Dedman, Marc) |
| Filing 43 NOTICE of Appearance by Marc O Dedman on behalf of All Plaintiffs (Dedman, Marc) |
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Filing 42
ORDER: This matter having been referred to the Court by the Clerk of Court pursuant to Local Rule 3.2(d)(3), the Court finds that this case is related to Case No. 1:15-cv-00037. Accordingly, the Clerk of Court is DIRECTED to bring this matter to the attention of the Chief United States District Judge for reassignment if he deems it appropriate.Signed by Magistrate Judge Christopher H Steger on 1-21-22. This entry is the Order of the Court. There is no document attached.(KMG) Forwarded to Chief Judge McDonough's chambers for possible reassignment (CNC).
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| Filing 41 NOTICE of Appearance by Kyle W Eiselstein on behalf of Medinails, Inc, Robert Spalding (Eiselstein, Kyle) |
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Filing 40
Order Governing Sealing Confidential Information,Signed by District Judge Charles E Atchley, Jr on 1/13/2022. (BJL)
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Filing 39
Order Governing Motions To Dismiss, Signed by District Judge Charles E Atchley, Jr on 1/13/2022. (BJL) Modified on 1/13/2022 (BJL).
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Filing 38
Order Governing Depositions, Signed by District Judge Charles E Atchley, Jr on 1/13/2022. (BJL) Modified on 1/13/2022 (BJL).
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| Filing 37 NOTICE of Deficiency (Pro Hac) for Attorneys Eileen H Rumfelt, Crystal T. Broughan and Logan Kyle McEwen (BJL)*Mailed to Attorneys Crystal T. Broughan and Logan Kyle McEwen |
| Filing 36 NOTICE of Deficiency (Pro Hac) for Attorneys Mark F. Warzecha, Jessica Page and Tiffany Ann Jones (BJL)*Mailed to Attorneys Mark F. Warzecha, Jessica Page and Tiffany Ann Jones |
| Filing 35 Case transferred in from District of Florida Middle; Case Number 2:21-cv-00405. |
| An email has been sent to Magistrate Judge Susan K. Lee to determine if this case is related to 1:15-cv-00037-CLC-SKL. (BJL) |
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Orders: documents numbers #38 , #39 and #40 have been mailed to Attorneys Mark F. Warzecha, Jessica Page, Tiffany Ann Jones,Crystal T. Broughan and Logan Kyle McEwen (BJL)
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Filing 34
ORDERED: Defendants' Motion to Transfer (Doc. #22 ) is GRANTED. The Clerk is DIRECTED to TRANSFER this action to the United States District Court for the Eastern District of Tennessee, Chattanooga (Southern) Division. The Clerk is DIRECTED to CLOSE the case. In doing so, the Clerk is DIRECTED to MOOT any pending motions and TERMINATE all deadlines that remain on the Fort Myers docket. Signed by Judge Sheri Polster Chappell on 1/6/2022. (AEH) [Transferred from Florida Middle on 1/13/2022.]
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Filing 33
ORDER granting #29 unopposed motion for special admission of Eileen Rumfelt. Having satisfied the requirements of Local Rule 2.01(c), the Court finds Eileen Rumfelt may appear specially on behalf of Defendants Medinails, Inc., and Robert Spalding. Signed by Magistrate Judge Nicholas P. Mizell on 1/4/2022. (GSK) [Transferred from Florida Middle on 1/13/2022.]
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| Filing 32 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 1/3/2022 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 1/27/2022 at 10:40 AM before Magistrate Judge Nicholas P. Mizell. All telephonic instructions in [Doc 16] remain the same. (WRW) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 31 SUPPLEMENT re #30 MOTION to Dismiss Defendants' Counterclaim and Incorporated Memorandum of Law Regarding 3.01(g) Certification by Janet McCormick, Nailcare Academy LLC. (Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 30 MOTION to Dismiss Defendants' Counterclaim and Incorporated Memorandum of Law by All Plaintiffs. (Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 29 Unopposed MOTION for Eileen H. Rumfelt to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19050625 for $150 by All Defendants. (Broughan, Crystal) Motions referred to Magistrate Judge Nicholas P. Mizell. [Transferred from Florida Middle on 1/13/2022.] |
| Filing 28 RESPONSE in Opposition re #22 MOTION to Change Venue / Transfer Case and Incorporated Memorandum of Law filed by Janet McCormick, Nailcare Academy LLC. (Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 27 NOTICE of Appearance by Jessica Page on behalf of Janet McCormick, Nailcare Academy LLC (Page, Jessica) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 26 NOTICE of a related action per Local Rule 1.07(c) by Janet McCormick, Nailcare Academy LLC. Related case(s): Yes (Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 25 CASE MANAGEMENT REPORT. (Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 24 NOTICE of Lead Counsel Designation by Mark F. Warzecha on behalf of Janet McCormick, Nailcare Academy LLC. Lead Counsel: Mark Warzecha. (Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 23 ANSWER and affirmative defenses to Complaint with Jury Demand re; #1 , COUNTERCLAIM against Janet McCormick, Nailcare Academy LLC by Robert Spalding, Medinails, Inc. (Broughan, Crystal) Modified to reflect docket entry relationship on 12/2/2021 (JK). [Transferred from Florida Middle on 1/13/2022.] |
| Filing 22 MOTION to Change Venue / Transfer Case by All Defendants. (Attachments: #1 Exhibit 1)(Broughan, Crystal) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 21 NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (JK) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #8 Civil Action Order by Medinails, Inc, Robert Spalding. (Broughan, Crystal) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 19 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 12/2/2021 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 1/3/2022 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. All telephonic instructions in [Doc 16] remain the same. (WRW) [Transferred from Florida Middle on 1/13/2022.] |
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Filing 18
ENDORSED ORDER granting #17 unopposed motion for an extension of time. To facilitate the parties' settlement discussions, the Court grants the requested relief. By December 1, 2021, Defendants will respond to the complaint; by December 7, 2021, the parties will file a case management report and notice of related action; and the preliminary pretrial conference will be rescheduled by separate notice for January 3, 2022. Signed by Magistrate Judge Nicholas P. Mizell on 11/2/2021. (GSK) [Transferred from Florida Middle on 1/13/2022.]
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| Filing 17 Second Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by All Defendants. (Broughan, Crystal) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified as to docket text on 10/29/2021 (JK). [Transferred from Florida Middle on 1/13/2022.] |
| Filing 16 NOTICE of hearing: Preliminary Pretrial Conference set for 12/2/2021 at 10:45 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 11/9/2021. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 21405. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) [Transferred from Florida Middle on 1/13/2022.] |
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Filing 15
ENDORSED ORDER granting #14 Agreed Motion for Extension of Time to Respond to Plaintiffs' Complaint. By November 3, 2021, Defendants will respond to the Complaint. Signed by Magistrate Judge Nicholas P. Mizell on 9/30/2021. (SM) [Transferred from Florida Middle on 1/13/2022.]
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| Filing 14 Agreed MOTION for Extension of Time to File Answer re #1 Complaint by Medinails, Inc, Robert Spalding. (Broughan, Crystal) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified as to docket text on 9/30/2021 (JK). [Transferred from Florida Middle on 1/13/2022.] |
| Filing 13 NOTICE of Appearance by Tiffany Ann Jones on behalf of Janet McCormick, Nailcare Academy LLC (Jones, Tiffany) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 12 WAIVER of service returned executed on 08/09/2021 by Nailcare Academy LLC, Janet McCormick as to Robert Spalding. (Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 11 WAIVER of service returned executed on 08/09/2021 by Nailcare Academy LLC, Janet McCormick as to Medinails, Inc. (Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #8 Civil Action Order by Janet McCormick, Nailcare Academy LLC. (Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 9 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (MLS) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 8 CIVIL Action Order. Signed by All Divisional Judges on 5/24/2021. (MLS) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 7 Trademark Report sent to Alexandria, VA. (MLS) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 6 SUMMONS issued as to Robert Spalding. (MLS) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 5 SUMMONS issued as to Medinails, Inc. (MLS) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 4 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:21-cv-0405-SPC-NPM. (SJB) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 3 PROPOSED summons to be issued by Janet McCormick, Nailcare Academy LLC. (Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 2 PROPOSED summons to be issued by Janet McCormick, Nailcare Academy LLC. (Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number AFLMDC-18282075) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Warzecha, Mark) [Transferred from Florida Middle on 1/13/2022.] |
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