Trinity Faire LLC et al v. America's Collectibles Network Incorporated
Plaintiff: Steven Bever
Defendant: America's Collectibles Network, Inc. a Tennessee corporation doing business as Jewelry Television
Counter Defendant: Trinity Faire LLC and Anne Bever
Counter Claimant: America's Collectibles Network, Inc.
Case Number: 3:2022cv00417
Filed: November 21, 2022
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Curtis L Collier
Referring Judge: Debra C Poplin
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2023 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)
January 6, 2023 Filing 57 MOTION to Dismiss THE COUNTERCLAIM by Anne Bever, Trinity Faire LLC. (Elkins, Kevin)
January 6, 2023 Filing 56 NOTICE of Appearance by Kevin Elkins on behalf of Anne Bever, Steven Bever, Trinity Faire LLC (Elkins, Kevin)
December 29, 2022 Filing 55 NOTICE OF NONCONSENT to Magistrate Judge by America's Collectibles Network, Inc. (Winemiller, John)
December 20, 2022 Filing 54 STIPULATION for Initial Extension of Time for Plaintiffs to Respond to Amended Answer and Counterclaim by All Plaintiffs. (Tazioli, Andrea)
December 15, 2022 Opinion or Order 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).
December 8, 2022 Filing 52 NOTICE by America's Collectibles Network, Inc. Supplemental Certificate of Service (Winemiller, John)
December 8, 2022 Opinion or Order 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)
December 7, 2022 Filing 50 Joint MOTION to Continue Scheduling Conference by America's Collectibles Network, Inc.. (Winemiller, John)
December 7, 2022 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)
December 7, 2022 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).
December 7, 2022 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)
December 7, 2022 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)
December 6, 2022 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).
December 5, 2022 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)
December 5, 2022 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)
November 23, 2022 Filing 43 Notice of Attorney Withdrawal of Attorney Joseph G Adams terminated. (Winemiller, John)
November 23, 2022 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).
November 23, 2022 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)
November 23, 2022 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)
November 23, 2022 Opinion or Order 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).
November 22, 2022 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).
November 22, 2022 Filing 37 NOTICE of Appearance by Ian Garrett McFarland on behalf of America's Collectibles Network, Inc. (McFarland, Ian)
November 22, 2022 Filing 36 NOTICE of Appearance by John T Winemiller on behalf of America's Collectibles Network, Inc. (Winemiller, John)
November 21, 2022 Opinion or Order 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)
November 21, 2022 Opinion or Order 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)
November 21, 2022 Opinion or Order 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)
November 21, 2022 Opinion or Order Filing 32 Order Governing Depositions - Signed by District Judge Curtis L Collier on 11/21/2022. (copies mailed to all counsel of record) (KMK)
November 21, 2022 Filing 31 NOTICE of Deficiency (Pro Hac) - Joseph Adams and Zachary Schroeder, counsel for defendant (copies mailed to attys Adams and Schroeder) (KMK)
November 21, 2022 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)
November 21, 2022 Filing 29 Case electronically transferred in from the District of Arizona; District of Arizona Case Number 2:22-cv-01107.
November 18, 2022 Opinion or Order 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.]
November 15, 2022 Opinion or Order 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.]
November 9, 2022 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.]
November 7, 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.]
November 4, 2022 Filing 24 ANSWER to #1 Complaint by America's Collectibles Network Incorporated.(Adams, Joseph) [Transferred from Arizona on 11/21/2022.]
October 27, 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.]
October 27, 2022 Opinion or Order 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.]
October 27, 2022 Opinion or Order 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.]
October 27, 2022 Opinion or Order 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.]
October 27, 2022 Opinion or Order 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.]
October 26, 2022 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.]
October 26, 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.]
October 25, 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.]
October 25, 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.]
October 24, 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.]
October 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.]
October 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.]
September 2, 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.]
August 5, 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.]
July 7, 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.]
June 30, 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.]
June 30, 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.]
June 29, 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.]
June 29, 2022 Filing 3 SUMMONS Submitted by Anne Bever, Steven Bever, Trinity Faire LLC. (Tazioli, Andrea) (MYE) [Transferred from Arizona on 11/21/2022.]
June 29, 2022 Filing 2 Corporate Disclosure Statement by Trinity Faire LLC. (Tazioli, Andrea) (MYE) [Transferred from Arizona on 11/21/2022.]
June 29, 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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Search for this case: Trinity Faire LLC et al v. America's Collectibles Network Incorporated
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Counter defendant: Trinity Faire LLC
Represented By: Andrea Suzanne Tazioli
Represented By: Mark W Williams
Represented By: Michael Aaron McCanse
Represented By: Kevin Elkins
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Counter defendant: Anne Bever
Represented By: Michael Aaron McCanse
Represented By: Andrea Suzanne Tazioli
Represented By: Mark W Williams
Represented By: Kevin Elkins
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Plaintiff: Steven Bever
Represented By: Andrea Suzanne Tazioli
Represented By: Mark W Williams
Represented By: Michael Aaron McCanse
Represented By: Kevin Elkins
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Defendant: America's Collectibles Network, Inc. a Tennessee corporation doing business as Jewelry Television
Represented By: Joseph G Adams
Represented By: Zachary Gerald Schroeder
Represented By: John T Winemiller
Represented By: Ian Garrett McFarland
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Counter claimant: America's Collectibles Network, Inc.
Represented By: John T Winemiller
Represented By: Joseph G Adams
Represented By: River E Lord
Represented By: Ian Garrett McFarland
Represented By: Zachary Gerald Schroeder
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