Trinity Faire LLC et al v. America's Collectibles Network Incorporated
| Steven Bever |
| America's Collectibles Network, Inc. a Tennessee corporation doing business as Jewelry Television |
| Trinity Faire LLC and Anne Bever |
| America's Collectibles Network, Inc. |
| 3:2022cv00417 |
| November 21, 2022 |
| US District Court for the Eastern District of Tennessee |
| Curtis L Collier |
| Debra C Poplin |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 58 MEMORANDUM in Support of Motion re #57 MOTION to Dismiss THE COUNTERCLAIM filed by Anne Bever, Trinity Faire LLC. (Attachments: #1 Exhibit A.)(Elkins, Kevin) |
| Filing 57 MOTION to Dismiss THE COUNTERCLAIM by Anne Bever, Trinity Faire LLC. (Elkins, Kevin) |
| Filing 56 NOTICE of Appearance by Kevin Elkins on behalf of Anne Bever, Steven Bever, Trinity Faire LLC (Elkins, Kevin) |
| Filing 55 NOTICE OF NONCONSENT to Magistrate Judge by America's Collectibles Network, Inc. (Winemiller, John) |
| Filing 54 STIPULATION for Initial Extension of Time for Plaintiffs to Respond to Amended Answer and Counterclaim by All Plaintiffs. (Tazioli, Andrea) |
Filing 53
ORDER granting Motions for Leave to Appear Pro Hac Vice [Docs. 47, 48, and 49]. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 12/15/2022. (This entry constitutes the complete Order of the Court.) (AGA) Modified on 12/16/2022 to note copies mailed to Andrea Suzanne Tazioli, Mark W Williams, and Michael Aaron McCanse) (AYB).
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| Filing 52 NOTICE by America's Collectibles Network, Inc. Supplemental Certificate of Service (Winemiller, John) |
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Filing 51
ORDER ( Scheduling Conference set for 2/2/2023 04:15 PM by telephone before District Judge Curtis L Collier.)Signed by District Judge Curtis L Collier on 12/8/22. (CNC)
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| Filing 50 Joint MOTION to Continue Scheduling Conference by America's Collectibles Network, Inc.. (Winemiller, John) |
| Filing 49 MOTION for Leave to Appear Pro Hac Vice Mark Williams (Filing fee $90.00, Receipt #300000863) by Anne Bever, Steven Bever, Trinity Faire LLC. (JBR) |
| Filing 48 MOTION for Leave to Appear Pro Hac Vice for Andrea Tazioli (Filing fee $90.00, Receipt #300000863) by Anne Bever, Steven Bever, Trinity Faire LLC. (JBR) Modified text on 12/7/2022 (JBR). |
| Filing 47 MOTION for Leave to Appear Pro Hac Vice for Michael McCanse (Filing fee $90.00, Receipt #300000863) by Anne Bever, Steven Bever, Trinity Faire LLC. (JBR) |
| Clerk's Verification of PHV Requirements is complete regarding document: #48 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Anne Bever, Trinity Faire LLC, Steven Bever, #49 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Anne Bever, Trinity Faire LLC, Steven Bever, #47 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Anne Bever, Trinity Faire LLC, Steven Bever (JBR) |
| Filing 46 NOTICE of Deficiency (Pro Hac) re #44 MOTION for Leave to Appear Pro Hac Vice for River E. Lord ( Filing fee $ 90 receipt number ATNEDC-5238615.): A certificate of good standing from another district court must be submitted. (JBR) Modified to reflect copy mailed to River Lord on 12/6/2022 (JBR). |
| Filing 45 Now before the Court is Defendant's Motion for Leave to File Under Seal [Doc. 40], seeking to seal Exhibits R, S, T, and U to the Amended Answer and Counterclaim [Docs. 42, 42-1, 42-2 and 42-3]. Defendant asserts that these exhibits disclose its sensitive, confidential, and proprietary business information and trade secrets, and it filed the Declaration of Andrew Tucker [Doc. 40-1], Corporate Counsel and Compliance Manager, in support of its request. For good cause shown, the Court GRANTS Defendant's Motion for Leave to File Under Seal [Doc. 40], and Exhibits R, S, T, and U to the Amended Answer and Counterclaim [Docs. 42, 42-1, 42-2 and 42-3] SHALL REMAIN SEALED. Signed by Magistrate Judge Debra C. Poplin on 12/5/2022. (This entry constitutes the complete Order of the Court.) (AGA) |
| Filing 44 MOTION for Leave to Appear Pro Hac Vice for River E. Lord ( Filing fee $ 90 receipt number ATNEDC-5238615.) by America's Collectibles Network, Inc.. (Attachments: #1 Other Certificate of Good Standing)(Winemiller, John) |
| Filing 43 Notice of Attorney Withdrawal of Attorney Joseph G Adams terminated. (Winemiller, John) |
| Filing 42 Sealed Document re: #40 MOTION for Leave to File Document Under Seal by America's Collectibles Network, Inc. . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Winemiller, John) Modified to remain sealed per 45 Order on 12/6/2022 (JBR). |
| Filing 41 AMENDED ANSWER to Plaintiffs' Complaint and, COUNTERCLAIM against Anne Bever, Steven Bever, Trinity Faire LLC by America's Collectibles Network, Inc.. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P, #6 Exhibit Q, #7 Exhibit R, #8 Exhibit S, #9 Exhibit T, #10 Exhibit U)(Winemiller, John) |
| Filing 40 MOTION for Leave to File Document Under Seal by America's Collectibles Network, Inc.. (Attachments: #1 Other Declaration of Andrew Tucker)(Winemiller, John) |
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Filing 39
ORDER re #25 Order, #27 Order, Defendant is RELIEVED from obligation imposed as to these Court Documents. The Court expects timely compliance with all applicable rules and orders of the Court throughout the pendency of this case.Signed by District Judge Curtis L Collier on November 23, 2022. (SAC) Modified on 11/23/2022, Order served by mail this day to Attorneys Tazioli, Adams, Williams, McCanse and Schroeder.(SAC).
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| Filing 38 NOTICE of Hearing: Scheduling Conference set for 1/5/2023 02:45 PM in Judge's Chambers (Telephonic Hearing) before District Judge Curtis L Collier. Parties must review the attached notice. Call-in information will be circulated by email. (CBS) Modified on 11/22/2022, Notice of Hearing served by mail this day to Attorneys Z.Schroeder, J Adams, M McCanse, M. Williams and A. Tazioli. (SAC). |
| Filing 37 NOTICE of Appearance by Ian Garrett McFarland on behalf of America's Collectibles Network, Inc. (McFarland, Ian) |
| Filing 36 NOTICE of Appearance by John T Winemiller on behalf of America's Collectibles Network, Inc. (Winemiller, John) |
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Filing 35
ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Curtis L Collier on 11/21/2022. (Copies mailed to all counsel of record.) (Attachments: #1 Other Consent Form) (KMK)
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Filing 34
Order Governing Sealing Confidential Information - Signed by District Judge Curtis L Collier on 11/21/2022. (copies mailed to all counsel of record) (KMK)
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Filing 33
Order Governing Motions To Dismiss - Signed by District Judge Curtis L Collier on 11/21/2022. (copies mailed to all counsel of record) (KMK)
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Filing 32
Order Governing Depositions - Signed by District Judge Curtis L Collier on 11/21/2022. (copies mailed to all counsel of record) (KMK)
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| Filing 31 NOTICE of Deficiency (Pro Hac) - Joseph Adams and Zachary Schroeder, counsel for defendant (copies mailed to attys Adams and Schroeder) (KMK) |
| Filing 30 NOTICE of Deficiency (Pro Hac) - Andrea Tazioli, Mark W. Williams & Michael McCanse, counsel for plaintiffs (copies mailed to attys Tazioli, Williams and McCanse) (KMK) |
| Filing 29 Case electronically transferred in from the District of Arizona; District of Arizona Case Number 2:22-cv-01107. |
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Filing 28
ORDER: IT IS HEREBY ORDERED granting Defendant's Motion to Transfer Venue Pursuant to an Operative Forum Selection Clause (Doc. #17 ). IT IS FURTHER ORDERED directing the Clerk of Court to transfer this case to the United States District Court, Eastern District of Tennessee, Knoxville Division. Upon transfer, the Clerk of Court shall close this matter. Signed by Judge John J Tuchi on 11/18/22. (SST) [Transferred from Arizona on 11/21/2022.]
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Filing 27
ORDER: IT IS ORDERED that Plaintiff's counsel either file the completed form (attached at Doc. #25 ) or submit the notice not later than 14 days from the date of this Order. Failure to comply with this Court Order may result in sanctions being imposed. (See attached Order). Signed by Judge John J Tuchi on 11/15/2022. (JAMA) [Transferred from Arizona on 11/21/2022.]
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| Filing 26 NOTICE re: Plaintiffs' Notice of Non-Objection Regarding Defendant's Motion to Transfer Venue Pursuant to an Operative Form Selection Clause by Anne Bever, Steven Bever, Trinity Faire LLC . (Tazioli, Andrea) [Transferred from Arizona on 11/21/2022.] |
| Filing 25 MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading #24 has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document.If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form.If there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. (SST) [Transferred from Arizona on 11/21/2022.] |
| Filing 24 ANSWER to #1 Complaint by America's Collectibles Network Incorporated.(Adams, Joseph) [Transferred from Arizona on 11/21/2022.] |
| Filing 23 Corporate Disclosure Statement by America's Collectibles Network Incorporated identifying Corporate Parent Multimedia Commerce Group, Inc. for America's Collectibles Network Incorporated. (Schroeder, Zachary) [Transferred from Arizona on 11/21/2022.] |
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Filing 22
ORDER: IT IS HEREBY ORDERED granting in part and denying in part Defendant's Motion to Stay Deadline to File Answer or Otherwise Respond to Plaintiffs' Complaint (Second Request) (Doc. #18 ). IT IS FURTHER ORDERED extending the deadline for Defendant to file an Answer or otherwise respond to Plaintiffs' Complaint (Doc. #1 ) to November 4, 2022. Signed by Judge John J Tuchi on 10/27/2022. (JAMA) [Transferred from Arizona on 11/21/2022.]
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Filing 21
AMENDED ORDER: IT IS HEREBY ORDERED granting the parties' Stipulated Motion to Extend Time to Respond to Plaintiffs' Complaint (Doc. #16 ). IT IS FURTHER ORDERED extending the deadline for Defendant to file an Answer or otherwise respond to Plaintiffs' Complaint (Doc. #1 ) to October 26, 2022. Signed by Judge John J Tuchi on 10/27/2022. (JAMA) [Transferred from Arizona on 11/21/2022.]
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Filing 20
*(AMENDED by Doc. #21 )*ORDER: IT IS HEREBY ORDERED granting the parties' Stipulated Motion to Extend Time to Respond to Plaintiffs Complaint (Doc. #16 ). IT IS FURTHER ORDERED extending the deadline for Defendant to file an Answer or otherwise respond to Plaintiffs' Complaint (Doc. #1 ) to August 26, 2022. Signed by Judge John J Tuchi on 10/26/2022. (JAMA) Modified on 10/27/2022 (JAMA). [Transferred from Arizona on 11/21/2022.]
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Filing 19
ORDER: IT IS HEREBY ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 10/26/2022. (JAMA) [Transferred from Arizona on 11/21/2022.]
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| Filing 18 Second MOTION for Extension of Time to File Answer re: #1 Complaint by America's Collectibles Network Incorporated. (Attachments: #1 Proposed Order)(Schroeder, Zachary) [Transferred from Arizona on 11/21/2022.] |
| Filing 17 MOTION to Change Venue/Transfer Case to U.S. District Court, Eastern District of Tennessee, Knoxville Division by America's Collectibles Network Incorporated. (Attachments: #1 Proposed Order)(Schroeder, Zachary) [Transferred from Arizona on 11/21/2022.] |
| Filing 16 MOTION for Extension of Time to File Answer re: #1 Complaint by America's Collectibles Network Incorporated. (Attachments: #1 Proposed Order)(Schroeder, Zachary) [Transferred from Arizona on 11/21/2022.] |
| Filing 15 NOTICE of Appearance by Andrea Suzanne Tazioli on behalf of Anne Bever, Steven Bever, Trinity Faire LLC. (Tazioli, Andrea) [Transferred from Arizona on 11/21/2022.] |
| Filing 14 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge John J Tuchi. All further pleadings/papers should now list the following COMPLETE case number: CV-22-1107-PHX-JJT. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 11/21/2022.] |
| Filing 13 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 11/21/2022.] |
| Filing 11 NOTICE of Appearance by Zachary Gerald Schroeder on behalf of America's Collectibles Network Incorporated. (Schroeder, Zachary) [Transferred from Arizona on 11/21/2022.] |
| Filing 10 SERVICE EXECUTED filed by Anne Bever, Steven Bever, Trinity Faire LLC: Rule 4 Waiver of Service of Summons. Waiver sent on 8/26/2022 to America's Collectibles Network, Inc. . (Tazioli, Andrea) [Transferred from Arizona on 11/21/2022.] |
| Filing 9 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 11/21/2022.] |
| Filing 7 *NOTICE of Filing - Copyright, Trademark, or Patent Information by Anne Bever, Steven Bever, Trinity Faire LLC . (Tazioli, Andrea) *Modified to correct event type on 7/12/2022. (SMH) [Transferred from Arizona on 11/21/2022.] |
| Filing 6 Summons Issued as to America's Collectibles Network Incorporated. (MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 11/21/2022.] |
| Filing 5 MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms.Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading (Attachments: #1 AO 121)(MYE) Modified on 7/12/2022 (SMH). [Transferred from Arizona on 11/21/2022.] |
| Filing 4 Filing fee paid, receipt number AAZDC-20823412. This case has been assigned to the Honorable Michael T Morrissey. All future pleadings or documents should bear the correct case number: CV-22-1107-PHX-MTM. Magistrate Election form attached. (MYE)[Transferred from Arizona on 11/21/2022.] |
| Filing 3 SUMMONS Submitted by Anne Bever, Steven Bever, Trinity Faire LLC. (Tazioli, Andrea) (MYE) [Transferred from Arizona on 11/21/2022.] |
| Filing 2 Corporate Disclosure Statement by Trinity Faire LLC. (Tazioli, Andrea) (MYE) [Transferred from Arizona on 11/21/2022.] |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-20823412 filed by Trinity Faire LLC, Anne Bever, Steven Bever. (Tazioli, Andrea) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(MYE) [Transferred from Arizona on 11/21/2022.] |
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