Hain et al v. Seider et al
| Tobias Hain, Hain Lifescience GMBH, David Hain and Hain Diagnostics, LLC |
| Jennifer Seider |
| 3:2018cv01312 |
| November 26, 2018 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Barbara D Holmes |
| Trademark |
| 15 U.S.C. § 1051 |
| Defendant |
Docket Report
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This docket was last retrieved on January 24, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 62 RESPONSE to Motion re #49 Emergency MOTION for Modification of Preliminary Injunction and An Appointment of Receiver Response to Supplemental Memorandum filed by Jennifer Seider. (Christopher, Kevin) |
| Filing 61 DECLARATION of Karin Schramm filed by David Hain, Tobias Hain, Hain Diagnostics, LLC, Hain Lifescience GMBH re: #59 Memorandum in Support,. (Zeigler, Jessalyn) |
| Filing 60 DECLARATION of Tobias Hain filed by David Hain, Tobias Hain, Hain Diagnostics, LLC, Hain Lifescience GMBH re: #59 Memorandum in Support,. (Attachments: #1 Exhibit A - Letter to Bioscientia, #2 Exhibit B - English Translation of Letter to Bioscientia, #3 Exhibit C - Jennifer Seider Emails)(Zeigler, Jessalyn) |
| Filing 59 MEMORANDUM in Support of #50 Memorandum in Support, filed by David Hain, Tobias Hain, Hain Diagnostics, LLC, Hain Lifescience GMBH Supplemental Memorandum in Support of Plaintiffs' Emergency Motion for Modification of Preliminary Injunction and an Appointment of Receiver and Request for Immediate Telephonic Hearing. (Zeigler, Jessalyn) |
| Filing 58 JOINT PROPOSED CASE MANAGEMENT ORDER filed by David Hain, Tobias Hain, Hain Diagnostics, LLC, Hain Lifescience GMBH. (Zeigler, Jessalyn) Modified Text on 1/24/2019 (am). |
Filing 57
ORDER granting #54 Motion for Leave to File Excess Pages. Signed by District Judge William L. Campbell, Jr on 1/23/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 56 MEMORANDUM in Support of #55 MOTION to Dismiss filed by David Hain, Tobias Hain, Hain Lifescience GMBH . (Zeigler, Jessalyn) |
| Filing 55 MOTION to Dismiss by David Hain, Tobias Hain, Hain Lifescience GMBH. (Zeigler, Jessalyn) |
| Filing 54 MOTION for Leave to File Excess Pages by David Hain, Tobias Hain, Hain Lifescience GMBH. (Zeigler, Jessalyn) |
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Filing 53
ORDER: Pending before the Court is Plaintiffs' Emergency Motion for Modification of Preliminary Injunction and an Appointment of Receiver. Defendant shall have until January 30, 2019, to respond to the Emergency Motion. Signed by District Judge William L. Campbell, Jr on 1/22/2019. (am)
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| Filing 52 DECLARATION of Jessalyn Zeigler filed by David Hain, Tobias Hain, Hain Diagnostics, LLC, Hain Lifescience GMBH re: #49 Emergency MOTION for Modification of Preliminary Injunction and An Appointment of Receiver . (Attachments: #1 Attachment 1 - Email Chain)(Zeigler, Jessalyn) |
| Filing 51 DECLARATION of Tobias Hain filed by David Hain, Tobias Hain, Hain Diagnostics, LLC, Hain Lifescience GMBH re: #49 Emergency MOTION for Modification of Preliminary Injunction and An Appointment of Receiver . (Attachments: #1 Attachment A - Email from Seider, #2 Attachment B - Anderson Email, #3 Attachment C - Copies of Checks, #4 Attachment D - Resolution of Dissolution, #5 Attachment E - Email re Dissolution)(Zeigler, Jessalyn) |
| Filing 50 MEMORANDUM in Support of #49 Emergency MOTION for Modification of Preliminary Injunction and An Appointment of Receiver filed by David Hain, Tobias Hain, Hain Diagnostics, LLC, Hain Lifescience GMBH . (Attachments: #1 Exhibit 1 - Proposed Modified Preliminary Injunction, #2 Exhibit 2 - Proposed Order Appointing Receiver, #3 Exhibit 3 - Collins CV)(Zeigler, Jessalyn) |
| Filing 49 Emergency MOTION for Modification of Preliminary Injunction and An Appointment of Receiver by David Hain, Tobias Hain, Hain Diagnostics, LLC, Hain Lifescience GMBH. (Zeigler, Jessalyn) |
| Filing 48 REPLY to Response to Motion re #38 Preliminary MOTION to Dismiss , #39 Preliminary MOTION to Dismiss MEMORANDUM filed by Jennifer Seider. (Attachments: #1 Exhibit Bruker 10-Q, #2 Exhibit Bloomberg BNA Bruker Corporate Heirarchy, #3 Exhibit Bruker Daltonics Agreement to Seider)(Christopher, Kevin) |
| Filing 47 RESPONSE in Opposition re #38 Preliminary MOTION to Dismiss filed by David Hain, Tobias Hain, Hain Diagnostics, LLC, Hain Lifescience GMBH. (Zeigler, Jessalyn) |
| Filing 46 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Tobias Hain. (Zeigler, Jessalyn) |
| Filing 45 BUSINESS ENTITY DISCLOSURE STATEMENT filed by David Hain. (Zeigler, Jessalyn) |
| Filing 44 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Hain Diagnostics, LLC. (Zeigler, Jessalyn) |
| Filing 43 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Hain Lifescience GMBH. (Zeigler, Jessalyn) |
| **DISREGARD ENTERED IN ERROR**Set/Reset Hearings: Initial Case Management Conference reset for 1/29/2019 at 11:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (am) Modified on 1/2/2019 (am). |
| **DISREGARD docket annotation entered in error regarding case management conference. (am) |
| Filing 42 ANSWER to #1 Complaint, COUNTERCLAIM against All Plaintiffs by Jennifer Seider. (Attachments: #1 Exhibit A Website Screenshot, #2 Exhibit B HAIN BROTHERS Trademark Registration)(Christopher, Kevin) Modified Text on 1/2/2019 (am). |
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Filing 41
ORDER: The Clerk is directed to forward the motion to the Honorable William L. Campbell, Jr., District Judge for his consideration of Defendant's motion to dismiss. The initial case management conference remains scheduled for 1:30 p.m., January 28, 2019, whether or not a ruling has entered on this pending motion, unless otherwise ordered by the Court. Signed by Magistrate Judge Barbara D. Holmes on 12/21/2018. (am)
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Filing 40
ORDER granting #33 Motion for Extension of Time to Answer Jennifer Seider answer due 12/29/2018. denying #34 Motion for Stay or Referral for Alternative Dispute Resolution. Signed by Magistrate Judge Barbara D. Holmes on 12/20/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 39 MEMORANDUM in Support of re #39 MOTION to Dismiss for Improper Venue, Motion to Transfer Venue to the Northeastern Division of the Middle District, and Motion to Dismiss for Failure to Join an Indespensible Party by Jennifer Seider. (Attachments: #1 Exhibit Putnam County Census Table, #2 Exhibit Bruker Corporation EDGAR Sheet, #3 Exhibit Bruker Corporation August 24 Press Release, #4 Exhibit Bruker Corporation October 16 Press Release, #5 Exhibit Bruker Corporation Q3 Earnings Slide, #6 Exhibit Bruker Corporation Q3 First Transcript, #7 Exhibit Bruker Corporation Q3 Second Transcript, #8 Exhibit Tobias Hain Email of September 24, #9 Exhibit Tobias Hain Email of October 11, #10 Exhibit Tobias Hain Email of October 16)(Christopher, Kevin) Modified Text on 12/20/2018 (am). |
| Filing 38 MOTION to Dismiss for Improper Venue, Motion to Transfer Venue to the Northeastern Division of the Middle District, and Motion to Dismiss for Failure to Join an Indespensible Party by Jennifer Seider. (Christopher, Kevin) Modified Text on 12/20/2018 (am). |
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Filing 37
ORDER granting #29 Motion for Leave to Exceed Page Limitation. Signed by District Judge William L. Campbell, Jr on 12/19/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 36 RESPONSE in Opposition re #34 MOTION FOR STAY AND REFERRAL FOR ALTERNATIVE DISPUTE RESOLUTION AND RESPONSE IN OPPOSITION TO MOTION TO EXTEND DEADLINE TO ANSWER COMPLAINT re #33 First MOTION for Extension of Time to File Answer filed by Jennifer Seider. (Christopher, Kevin) Modified Text on 12/18/2018 (am). |
| Filing 35 PROPOSED ORDER re: #34 MOTION FOR STAY AND REFERRAL FOR ALTERNATIVE DISPUTE RESOLUTION AND RESPONSE IN OPPOSITION TO MOTION TO EXTEND DEADLINE TO ANSWER COMPLAINT re #33 First MOTION for Extension of Time to File Answer . (Zeigler, Jessalyn) Modified Text on 12/18/2018 (am). |
| Filing 34 MOTION FOR STAY AND REFERRAL FOR ALTERNATIVE DISPUTE RESOLUTION AND RESPONSE IN OPPOSITION TO MOTION TO EXTEND DEADLINE TO ANSWER COMPLAINT re #33 First MOTION for Extension of Time to File Answer by David Hain, Tobias Hain, Hain Lifescience GMBH. (Zeigler, Jessalyn) Modified Text on 12/18/2018 (am). |
| Filing 33 First MOTION for Extension of Time to File Answer by Jennifer Seider. (Giaimo, Michael) |
| Filing 32 PRELIMINARY INJUNCTION. Signed by District Judge William L. Campbell, Jr on 12/10/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
| Filing 31 NOTICE by David Hain, Tobias Hain, Hain Lifescience GMBH PROPOSED AGREED PRELIMINARY INJUNCTION (Zeigler, Jessalyn) |
| Filing 30 REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by David Hain, Tobias Hain, Hain Lifescience GMBH. (Attachments: #1 Exhibit One - Anderson Declaration, #2 Exhibit Two - Nabors Declaration, #3 Exhibit Three - Hain Declaration, #4 Exhibit Four - Zeigler Declaration, #5 Exhibit A to Exhibit Four - Auto Information, #6 Attachment Proposed Order)(Zeigler, Jessalyn) Modified Text on 12/10/2018 (am). |
| Filing 29 MOTION for Leave to Exceed Page Limitation by David Hain, Tobias Hain, Hain Lifescience GMBH. (Zeigler, Jessalyn) Modified Text on 12/10/2018 (am). |
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Filing 28
ORDER: Motion Hearing set for 12/10/2018 09:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Signed by District Judge William L. Campbell, Jr on 12/7/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 27 NOTICE of Appearance by Michael R. Giaimo on behalf of Jennifer Seider (Giaimo, Michael) |
| TN State Bar status verified as active for Michael R. Giaimo. (am) |
| Filing 26 Exhibits K through M re #26 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jennifer Seider. (Attachments: #1 Exhibit Email of April 20, 2017, #2 Exhibit Email of October 16, 2018, #3 Exhibit Emails of January 2-4, 2015)(Christopher, Kevin) Modified Text on 12/7/2018 (am). |
| Filing 25 Exhibits D through J re #23 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jennifer Seider. (Attachments: #1 Exhibit Emails of August 18-19, 2008, #2 Exhibit Emails of August 20, 2008, #3 Exhibit Email of May 2, 2018, #4 Exhibit Email of July 6, 2018, #5 Exhibit Email of September 12, 2018, #6 Exhibit Email of April 14, 2009, #7 Exhibit Email of December 5, 2018)(Christopher, Kevin) Modified Text on 12/7/2018 (am). |
| Filing 24 MEMORANDUM in Support re #23 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jennifer Seider. (Attachments: #1 Exhibit Affidavit of Jennifer Seider, #2 Exhibit Email of July 16, 2008, #3 Exhibit Email of August 17, 2008)(Christopher, Kevin) Modified Text on 12/7/2018 (am). |
| Filing 23 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jennifer Seider. (Christopher, Kevin) |
| Filing 22 Declaration of Jennifer Seider filed by Jennifer Seider. (Christopher, Kevin) Modified Text on 12/3/2018 (am). |
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Filing 21
ORDER: At the parties' request, the Court will hold a telephone conference, Monday, December 03, 2018, at 10:30 a.m. The parties shall call 1-866-390-1828 and enter 7884640# access code to be connected to the call. Signed by District Judge William L. Campbell, Jr on 12/3/2018. (am)
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| Filing 20 Transcript filed for date of November 27, 2018, before Judge William L. Campbell Jr. Court Reporter: Patty Jennings, 615-939-5450, patty_jennings@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF LINK at: http://www.tnmd.uscourts.gov/files/20091201Notice_to_the_Bar_Transcripts.pdf. Intent to Request Transcript Redaction due 12/10/2018. Redaction Request due 12/24/2018. Redacted Transcript Deadline set for 1/3/2019. Release of Transcript Restriction set for 3/4/2019. (Jennings, Patty) |
| Filing 19 DECLARATION of Tobias Hain filed by David Hain, Tobias Hain, Hain Lifescience GMBH re: #18 Response in Opposition to Motion. (Zeigler, Jessalyn) |
| Filing 18 RESPONSE in Opposition re #17 MOTION to Clarify re #8 Order filed by David Hain, Tobias Hain, Hain Lifescience GMBH. (Zeigler, Jessalyn) Modified Text on 12/4/2018 (am). |
| Minute Entry for proceedings held before District Judge William L. Campbell, Jr: Telephone Conference held on 12/3/2018. The Court encouraged both parties to discuss and try to resolve issues concerning the Temporary Restraining Order. (Court Reporter Patty Jennings.) (ab) |
| Filing 17 MOTION to Clarify re #8 Order by Jennifer Seider. (Christopher, Kevin) Modified Text on 12/3/2018 (am). |
| Filing 16 NOTICE of Appearance by Kevin Christopher on behalf of Jennifer Seider (Christopher, Kevin) |
| TN State Bar status verified as active for Kevin Christopher. (am) |
| Filing 15 SUMMONS returned executed by Tobias Hain, Hain Lifescience GMBH, David Hain. Jennifer Seider served on 11/28/2018. (Zeigler, Jessalyn) |
| Filing 14 SUMMONS returned executed by Tobias Hain, Hain Lifescience GMBH, David Hain. Hain Diagnostics, LLC served on 11/28/2018. (Zeigler, Jessalyn) |
| Filing 13 RECEIPT #36264 in the amount of $10,000.00 posted by David Hain, Tobias Hain, Hain Lifescience GMBH re #8 Order. (am) Modified Text on 11/30/2018 (am). |
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Filing 12
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 11/28/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 11 NOTICE of Filing by David Hain, Tobias Hain, Hain Lifescience GMBH Notice of Filing of Bond (Attachments: #1 Exhibit Letter enclosing Bond)(Zeigler, Jessalyn) |
| Filing 10 NOTICE of Initial Case Management Conference set for 1/28/2019 at 01:30 PM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (am) |
| Filing 9 Summons issued as to Hain Diagnostics, LLC, Jennifer Seider. (Service packets picked at the front counter.) (am) |
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Filing 8
ORDER: Upon consideration of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. No. 2), Plaintiffs' Verified Complaint and supporting documents (Doc. No. 1), and the arguments of counsel at the hearing on November 27, 2018, the motion is GRANTED in part and DENIED in part. It is therefore ORDERED that, pursuant to Federal Rule of Civil Procedure 65, upon Plaintiff posting a bond in the amount of Ten Thousand Dollars and 0/100 ($10,000) to the Clerk of Court. It is effective upon Plaintiffs' posting of the bond with the Clerk of Court and remains in effect until the preliminary injunction hearing, set for December 10, 2018, at 9:00 a.m. Defendant shall file a response to Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction by December 6, 2018, at 12:00 p.m. Signed by District Judge William L. Campbell, Jr on 1/27/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 11/29/2018 (am).
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| Filing 7 DECLARATION of Jessalyn H. Zeigler filed by David Hain, Tobias Hain, Hain Diagnostics, LLC, Hain Lifescience GMBH re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. (Attachments: #1 Exhibit 1 - Email)(Zeigler, Jessalyn) |
| Filing 6 MEMORANDUM in Support of #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by David Hain, Tobias Hain, Hain Diagnostics, LLC, Hain Lifescience GMBH . (Zeigler, Jessalyn) |
| Filing 5 NOTICE of Business Entity Disclosure Statement filing requirement. (am) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
| Minute Entry for proceedings held before District Judge William L. Campbell, Jr: Motion Hearing held on 11/27/2018 re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by David Hain, Tobias Hain. Motion granted in part, order to enter. (Court Reporter Patty Jennings.) (ab) |
| TN State Bar status verified as active for Jessalyn H. Zeigler, Paige Waldrop Mills, Sarah Byer Miller. (am) |
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Filing 3
ORDER: Motion Hearing set for 11/27/2018 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Signed by District Judge William L. Campbell, Jr on 11/26/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction by David Hain, Tobias Hain. (Attachments: #1 Attachment - Proposed Order)(am) |
| Filing 1 COMPLAINT against Hain Diagnostics, LLC, Jennifer Seider (Filing fee $400, Receipt number 0650-2803984), filed by Tobias Hain, David Hain. (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit A - Trademark Registration, #3 Exhibit B- Trademark Registration, #4 Exhibit C - Operating Agreement, #5 Exhibit D - Trademark Receipt, #6 Exhibit E - HD Brochures, #7 Exhibit F - Website and Registration, #8 Exhibit G - Facebook Message, #9 Exhibit H - Seider Email, #10 Exhibit I - HD Email, #11 Exhibit J - Order Forms, #12 Exhibit K - Order Forms, #13 Exhibit L - Zeigler Letter)(am) (Additional attachment(s) added on 11/26/2018: #14 Attachment Exhibit to Zeigler Letter) (am). |
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