Enchant Christmas Light Maze & Market Ltd. v. Glowco, LLC et al
| Enchant Christmas Light Maze & Market Ltd. |
| Patrick Wallain, Glowco, LLC, Exhibau US LLC and Chris Stacey |
| 3:2019cv00966 |
| October 30, 2019 |
| US District Court for the Middle District of Tennessee |
| Aleta A Trauger |
| Copyright |
| 17 U.S.C. § 501 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2019. A more recent docket listing may be available from PACER.
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Filing 45
ORDER of USCA as to #38 Notice of Appeal filed by Enchant Christmas Light Maze & Market Ltd. Given the plaintiff's early filing of its principal brief, the clerk has reset the time for the defendants to file their principal brief. As indicated in the prior order of November 21, 2019, the clerk will submit the appeal as soon as the court's calendar will permit, with the merits panel to decide whether to hold oral argument and how quickly to resolve the appeal. (gb)
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| Filing 44 Appeal Transcript filed for date of November 7, 2019, before Judge Aleta A. Trauger, re #38 Notice of Appeal. Court Reporter: Roxann Harkins, 615-403-8314, roxann_harkins@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 CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 12/16/2019. Redaction Request due 12/30/2019. Redacted Transcript Deadline set for 1/7/2020. Release of Transcript Restriction set for 3/6/2020. (RH) |
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Filing 43
ORDER granting re #42 MOTION to Stay Proceedings in District Court Pending Appeal iled by Enchant Christmas Light Maze & Market Ltd. Initial Case Management Conference cancelled. Signed by District Judge Aleta A. Trauger on 11/15/2019. (jw)
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| Filing 42 MOTION to Stay Proceedings in District Court Pending Appeal (unopposed) by Enchant Christmas Light Maze & Market Ltd.. (Zralek, Stephen) |
| Filing 41 USCA Case Number 19-6285 for #38 Notice of Appeal, Case Manager Robin Baker. (hb) |
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Filing 40
ORDER: It is hereby ORDERED that the initial case management conference scheduled for December 19, 2019 is hereby RESET for Wednesday, December 18, 2019 at 2:30 p.m. Signed by District Judge Aleta A. Trauger on 11/13/2019. (jw)
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Filing 39
MEMORANDUM OPINION OF THE COURT: The court vacated its TRO and denied Enchant's application to convert the TRO into a preliminary injunction. (Docket No. 34.) This Memorandum confirms the reasoning behind that Order. Signed by District Judge Aleta A. Trauger on 11/13/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)
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| Filing 38 NOTICE OF APPEAL as to #34 Order, by Enchant Christmas Light Maze & Market Ltd.. Filing fee $ 505, receipt number 0650-3030820. (Zralek, Stephen) |
| Filing 37 Transcript filed (Excerpt of Judge's ruling) for date of November 7, 2019, before Judge Aleta A. Trauger. Court Reporter: Roxann Harkins, 615-403-8314, roxann_harkins@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 CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 11/20/2019. Redaction Request due 12/4/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/11/2020. (RH) |
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Filing 36
ORDER granting #33 MOTION (Unopposed) to Modify Order re: Expedited Discovery. Signed by District Judge Aleta A. Trauger on 11/12/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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| Filing 35 WITNESS/EXHIBIT LIST prepared by Deputy Clerk. re: Motion Hearing.(jw) |
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Filing 34
ORDER: The temporary restraining order is LIFTED, effective at 6:26 p.m. on November 7, 2019, and the plaintiff's application for a preliminary injunction is hereby DENIED. A memorandum in support of this ruling will follow within the next few days. Signed by District Judge Aleta A. Trauger on 11/8/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)
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| Filing 33 MOTION (Unopposed) to Modify Order re: Expedited Discovery by Glowco, LLC, Chris Stacey. (Fardon, D.) |
| Filing 32 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Glowco, LLC, Chris Stacey. (Attachments: #1 Attachment Attachment to Business Entity Disclosure Form)(Fardon, D.) |
| Filing 31 NOTICE of Appearance by John J. Griffin, Jr on behalf of Exhibau US LLC, Patrick Wallain (Griffin, John) |
| Filing 30 NOTICE of Appearance by Michael A. Johnson on behalf of Exhibau US LLC, Patrick Wallain (Johnson, Michael) |
| Minute Entry for proceedings held before District Judge Aleta A. Trauger: Preliminary Injunction Hearing held on 11/7/2019 re Temporary Restraining Order filed by Enchant Christmas Light Maze & Market Ltd. The court ruled that the TRO is lifted and no preliminary injunction will be entered. Order to enter. (kb) |
| Filing 29 BRIEF filed by Enchant Christmas Light Maze & Market Ltd. re Set/Reset Hearings. (Zralek, Stephen) |
| Filing 28 BRIEF filed by Enchant Christmas Light Maze & Market Ltd. re Set/Reset Hearings. (Zralek, Stephen) |
| Filing 27 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Enchant Christmas Light Maze & Market Ltd.. (Hasenauer, Shea) |
| Filing 26 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Exhibau US LLC. (Johnson, Michael) |
| Filing 25 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Patrick Wallain. (Johnson, Michael) |
| Filing 24 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order (Joint) filed by Exhibau US LLC, Patrick Wallain. (Attachments: #1 Attachment 1 - Shine Invoice)(Johnson, Michael) |
| Filing 23 SUMMONS returned executed by Enchant Christmas Light Maze & Market Ltd.. Chris Stacey served on 11/5/2019. (Zralek, Stephen) |
| Filing 22 SUMMONS returned executed by Enchant Christmas Light Maze & Market Ltd.. Glowco, LLC served on 11/5/2019. (Zralek, Stephen) |
| Filing 21 SUMMONS returned executed by Enchant Christmas Light Maze & Market Ltd.. Patrick Wallain served on 11/5/2019. (Zralek, Stephen) |
| Filing 20 SUMMONS returned executed by Enchant Christmas Light Maze & Market Ltd.. Exhibau US LLC served on 11/5/2019. (Zralek, Stephen) |
| Filing 19 NOTICE of Filing by Glowco, LLC, Chris Stacey re #14 Temporary Restraining Order, (Attachments: #1 Attachment Inventory, #2 Exhibit A, #3 Exhibit B)(Fardon, D.) |
| Filing 18 NOTICE of Initial Case Management Conference set for 12/19/2019 at 2:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (mg) |
| Filing 17 CERTIFICATE of Service (Amended) filed by Enchant Christmas Light Maze & Market Ltd. re #16 Notice (Other) filed by Enchant Christmas Light Maze & Market Ltd.. (Zralek, Stephen) |
| Filing 16 NOTICE of Filing by Enchant Christmas Light Maze & Market Ltd. re #14 Temporary Restraining Order, (Attachments: #1 Attachment Temporary Restraining Order Bond)(Zralek, Stephen) |
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Filing 15
ORDER granting #5 Motion for Leave to take Expedited Discovery. Signed by District Judge Aleta A. Trauger on 10/30/2019. (mg)
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Filing 14
TEMPORARY RESTRAINING ORDER: The Court finds that a temporary restraining order is justified in this case and hereby ORDERS: a. that Plaintiff post a bond in the amount of $50,000, and c. This case is set for hearing on Plaintiff's motion for preliminary injunction on November 7, 2019, at 1:30 p.m. Signed by District Judge Aleta A. Trauger on 10/30/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 13
ORDER granting #3 Motion for TRO. Signed by District Judge Aleta A. Trauger on 10/30/2019. (mg)
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| Filing 12 NOTICE of Appearance by D. Alexander Fardon on behalf of Glowco, LLC, Chris Stacey (Fardon, D.) |
| Filing 11 NOTICE of Appearance by John R. Jacobson on behalf of Glowco, LLC, Chris Stacey (Jacobson, John) |
| Filing 10 ***DISREGARD*** NOTICE of Initial Case Management Conference set for 12/16/2019 at 1:00 PM before District Judge Aleta A. Trauger. (mg) Modified on 10/31/2019 (mg). |
| Filing 9 Summons issued as to Exhibau US LLC, Glowco, LLC, Chris Stacey, Patrick Wallain. Service copies will be picked up by counsel. (mg) |
| Filing 8 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 7 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| Filing 6 MEMORANDUM in Support of #5 MOTION for Leave to for Leave to Take Expedited Discovery filed by Enchant Christmas Light Maze & Market Ltd. (mg) |
| Filing 5 MOTION for Leave to Take Expedited Discovery by Enchant Christmas Light Maze & Market Ltd. (Attachments: #1 Exhibit A - Proposed Notice of Deposition of Patrick Wallain (01970504), #2 Exhibit B - Plaintiff's Proposed First Request for Production of Documents to Defendants (01970520))(mg) Modified on 10/30/2019 (mg). |
| Filing 4 MEMORANDUM in Support of #3 MOTION for Temporary Restraining Order filed by Enchant Christmas Light Maze & Market Ltd. (mg) |
| Filing 3 MOTION for Temporary Restraining Order by Enchant Christmas Light Maze & Market Ltd.. (Attachments: #1 Attachment - Proposed Order Granting TRO)(mg) |
| Filing 2 NOTICE of Filing by Enchant Christmas Light Maze & Market Ltd. re #1 Complaint (Attachments: #1 Exhibit A - Kevin Johnston Declaration (FINAL) (01970697-2), #2 Exhibit B - Christopher Vanadia Declaration (FINAL) (01969871), #3 Exhibit C - Liang QingDi Declaration - FINAL - SIGNED (FINAL) (01970903-2), #4 Exhibit D - Certificate of Registration No. VA 2-173-211 (FINAL) (01969874-2), #5 Exhibit E - Certificate of Registration No. VA 2-173-212 (FINAL) (01969876-2), #6 Exhibit F - Certificate of Registration No. VA 2-173-230 (FINAL) (01969877-2), #7 Exhibit G - Certificate of Registration No. VA 2-173-236 (FINAL) (01969879-2), #8 Exhibit H - Certificate of Registration No. VA 2-173-239 (FINAL) (01969883-2), #9 Exhibit I - Certificate of Registration No. VA 2-173-246 (FINAL) (01969888-2), #10 Exhibit J - Certificate of Registration No. VA 2-173-253 (FINAL) (01969884-2), #11 Exhibit K - Certificate of Registration No. VA 2-173-259 (FINAL) (01969889-2, #12 Exhibit L - Certificate of Registration No. VA 2-173-266 (FINAL) (01969890-2), #13 Exhibit M - Certificate of Registration No. VA 2-173-289 (FINAL) (01969892-2), #14 Exhibit N - Certificate of Registration No. VA 2-173-300 (FINAL) (01969894-2), #15 Exhibit O - Certificate of Registration No. VA 2-173-310 (FINAL) (01969895-2), #16 Exhibit P - Certificate of Registration No. VA 2-173-226 (FINAL) (01970197-2), #17 Exhibit Q - Certificate of Registration No. VA 2-173-227 (FINAL) (01970200-2), #18 Exhibit R - Certificate of Registration No. VA 2-173-304 (FINAL) (01970202-2), #19 Exhibit S - Certificate of Registration No. VA 2-173-304 (FINAL) (01970202-2), #20 Exhibit T - Summary Chart (FINAL) (01970684-2))(mg) |
| Filing 1 COMPLAINT against Exhibau US LLC, Glowco, LLC, Chris Stacey, Patrick Wallain (Filing fee $400, Receipt number 0650-3021628), filed by Enchant Christmas Light Maze & Market Ltd. (Attachments: #1 Attachment - Civil Cover Sheet)(mg) |
| TN State Bar status verified as active for Stephen J. Zralek, and Shea T. Hasenauer. (mg) |
| CA State Bar status verified as active for Maria Q. Campbell, and TN State Bar status verified as active for John R. Jacobson, and D. Alexander Fardon. (mg) |
| Set Hearing: Hearing on Motion for Preliminary Injunction is set for 11/7/2019 01:30 PM in Courtroom 873 before District Judge Aleta A. Trauger. (mg) |
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