TTAC Publishing, LLC v. TATC Publishing, LLC et al
| TTAC Publishing, LLC |
| Jonathan Hunsaker, Manny Goldman, Patrick Gentempo, Jeff Hays, TATC Publishing, LLC and DEC Goldman, Inc. |
| 3:2020cv00696 |
| August 14, 2020 |
| US District Court for the Middle District of Tennessee |
| Jeffery S Frensley |
| Eli J Richardson |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.
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Filing 51
ORDER: In light of the Amended Complaint (Doc. No. #48 ), Defendants' Motions to Dismiss (Doc. Nos. #39 and #46 ) are DENIED without prejudice to re-filing, if appropriate, as to the Amended (and currently operative) Complaint. Signed by District Judge Eli J. Richardson on 10/6/2020. (mg)
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| Filing 50 Summons issued as to DEC Goldman, Inc. Service copies will be returned to counsel by mail. (mg) |
| Filing 49 RESPONSE in Opposition re #39 MOTION to Dismiss for Lack of Jurisdiction and improper venue filed by TTAC Publishing, LLC. (Crosby, L.) |
| Filing 48 AMENDED COMPLAINT against All Defendants, filed by TTAC Publishing, LLC. (Attachments: #1 Exhibit A - Trademark Reg., #2 Exhibit B - The Answer to Cancer Website, #3 Exhibit C - Screenshot of "About" Page, #4 Exhibit D - Screenshot of Launch Page, #5 Exhibit E - The Answer to Cancer FAQ Page, #6 Attachment Summons re DEC Goldman, Inc.)(Crosby, L.) |
| Filing 47 MEMORANDUM in Support of #46 MOTION to Dismiss for Lack of Jurisdiction and Joinder to Dismiss for Improper Venue filed by Manny Goldman . (Attachments: #1 Exhibit 1 - Tennessee Secretary of State Filing Information, #2 Exhibit 2 - Declaration of Manny Goldman, #3 Exhibit A - Independent Contractor Agreement, #4 Exhibit B - Master Services Agreement)(Funk, Samuel) |
| Filing 46 MOTION to Dismiss for Lack of Jurisdiction and Joinder to Dismiss for Improper Venue by Manny Goldman. (Funk, Samuel) |
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Filing 45
ORDER granting #29 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of James E. Magleby is granted. Signed by Vicki Kinkade on 09/22/2020. (vk)
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Filing 44
ORDER granting #28 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Christine T. Greenwood is granted. Signed by Vicki Kinkade on 09/22/2020. (vk)
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Filing 43
ORDER granting #26 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Bryant L. Watson is granted. Signed by Vicki Kinkade on 09/22/2020. (vk)
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Filing 42
ORDER: Plaintiff has filed a Notice of Withdrawal (Doc. No. #38 ) of its Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. #11 , "Motion") and represents that the parties have reached a partial settlement agreement as to the issues raised by the Motion. Accordingly, the Motion is considered to be withdrawn, and the Clerk is directed to term the Motion (Doc. No. #11 ). Signed by District Judge Eli J. Richardson on 9/22/2020. (mg)
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| Filing 41 BUSINESS ENTITY DISCLOSURE STATEMENT filed by TATC Publishing, LLC. (Wlodarczyk, Sean) |
| Filing 40 MEMORANDUM in Support of #39 MOTION to Dismiss for Lack of Jurisdiction and improper venue filed by Patrick Gentempo, Jeff Hays, TATC Publishing, LLC . (Wlodarczyk, Sean) |
| Filing 39 MOTION to Dismiss for Lack of Jurisdiction and improper venue by Patrick Gentempo, Jeff Hays, TATC Publishing, LLC. (Wlodarczyk, Sean) |
| Filing 38 Unopposed MOTION to Withdraw Document #12 Memorandum in Support, #11 MOTION for Temporary Restraining Order by TTAC Publishing, LLC. (Attachments: #1 Exhibit A - Partial Settlement Agreement)(Crosby, L.) |
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Filing 37
ORDER: Pending before the Court is Defendants' Joint Motion to Stay (Doc. No. #32 , "Motion"). The Court, aware of both Plaintiff's request for expedited relief and Defendants' needs to fully respond to the pending motion for TRO, finds that the Motion should be granted in part and denied in part as follows. Defendants' Motion to Stay is DENIED. The Court will not stay ruling on the request for expedited injunctive relief pending anticipated dispositive motions. On the other hand, Defendants' request for an extension of time to respond to the motion for TRO is GRANTED, and Defendants shall have until Monday, September 21, 2020, to file their response to Plaintiff's motion for TRO. Plaintiff shall file any reply by Wednesday, September 23, 2020. Signed by District Judge Eli J. Richardson on 9/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 36 RECEIPT #34675060046 in the amount of $300 posted by TATC Publishing, LLC re #29 James E. Magleby's Motion to Appear Pro Hac Vice, #28 Christine T. Greenwood's Motion to Appear Pro Hac Vice, #26 Bryant L. Watson's Motion to Appear Pro Hac Vice. (mg) Modified on 9/17/2020 (mg). Modified on 9/17/2020 (mg). |
| Filing 35 RESPONSE in Opposition re #32 Joint MOTION for Extension of Time to File Response/Reply and to Resolve Jurisdiction and Venue Before Briefing and Ruling on TRO Motion, by Manny Goldman and filed by TTAC Publishing, LLC. (Crosby, L.) |
| Filing 34 SUMMONS returned executed by TTAC Publishing, LLC. Jonathan Hunsaker served on 9/9/2020. (Schlehuber, Anthony) |
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Filing 33
ORDER: Pending before the Court is Defendants' Joint Motion to Stay (Doc. No. #31 , "Motion"). Defendants ask the Court to stay briefing and ruling on the pending motion for temporary restraining order ("TRO") pending resolution of a forthcoming motion to dismiss or, in the alternative, for an extension of time to respond to the motion for TRO. Plaintiff shall file, by midnight on Thursday, September 17, 2020, a response to Defendants' Motion. Again, the Court expects the parties to continue exploring whether the issues presented in the motion for TRO can be resolved by the parties. Signed by District Judge Eli J. Richardson on 9/16/2020. (mg)
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| Filing 32 Joint MOTION for Extension of Time to File Response/Reply and to Resolve Jurisdiction and Venue Before Briefing and Ruling on TRO Motion, by Manny Goldman and by Patrick Gentempo, Jeff Hays, TATC Publishing, LLC. (Attachments: #1 Exhibit Email Between Counsel)(Wlodarczyk, Sean) |
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Filing 31
ORDER granting #27 Motion for Extension of Time to Answer re #1 Complaint, Manny Goldman answer due 9/28/2020. Signed by Magistrate Judge Jeffery S. Frensley on 9/15/2020. (mg)
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| UT State Bar status verified as active for James E. Magleby, Bryant L. Watson, Christine T. Greenwood. Local counsel verified. (mg) |
| TN State Bar status verified as active for R. Mark Donnell, Jr, and Samuel P. Funk. (mg) |
| Filing 30 NOTICE of Appearance by Samuel P. Funk on behalf of Manny Goldman (Funk, Samuel) |
| Filing 29 MOTION for attorney James E. Magleby to Appear Pro Hac Vice ($100 Fee Paid) by TATC Publishing, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Wlodarczyk, Sean) Modified on 9/17/2020 (mg). |
| Filing 28 MOTION for attorney Christine T. Greenwood to Appear Pro Hac Vice ($100 Fee Paid) by TATC Publishing, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Wlodarczyk, Sean) Modified on 9/17/2020 (mg). |
| Filing 27 MOTION for Extension of Time to File Answer re #1 Complaint, or Other Responsive Document (Unopposed) by Manny Goldman. (Funk, Samuel) |
| Filing 26 MOTION for attorney Bryant L. Watson to Appear Pro Hac Vice ($100 Fee Paid) by TATC Publishing, LLC. (Attachments: #1 Attachment Certificate of Good Standing)(Wlodarczyk, Sean) Modified on 9/17/2020 (mg). |
| Filing 25 NOTICE of Appearance by R. Mark Donnell, Jr on behalf of Manny Goldman (Donnell, R.) |
| Filing 24 SUMMONS returned executed by TTAC Publishing, LLC. TATC Publishing, LLC served on 9/3/2020. (Schlehuber, Anthony) |
| Filing 23 NOTICE by TTAC Publishing, LLC re #22 Order, (Crosby, L.) Modified on 9/15/2020 (mg). |
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Filing 22
ORDER: Pending before the Court is a Motion for Temporary Restraining Order (Doc. No. #11 , "Motion"), filed by Plaintiff TTAC, LLC. In response to the Court's Order (Doc. No. #13 ), Plaintiff has filed proof of service as to Defendants Goodman and Hays (Doc. Nos. #14 and #15 ) and has advised the Court that Defendant TATC, LLC was served on September 3, 2020, although no proof of service has yet been filed with respect to TATC, LLC. (Doc. No. #19 ). Plaintiff has also represented that Defendants Hunsaker and Gentempo have not yet been served. In an effort to provide expedient attention to Plaintiff's request for extraordinary injunctive relief, the Court orders that all Defendants shall respond to the Motion by Wednesday, September 16, 2020. Plaintiff shall serve a copy of this Order on Defendants Goldman and Hunsaker by overnight delivery. After reviewing the responses, the Court shall determine whether to hold a hearing. In addition, the Court expects counsel to explore with each other whether an agreement can be reached resolving the Motion to the parties' mutual satisfaction. Signed by District Judge Eli J. Richardson on 9/14/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 21 NOTICE of Appearance by Winston S. Evans on behalf of TATC Publishing, LLC (Evans, Winston) |
| TN State Bar status verified as active for Sean C. Wlodarczyk. (mg) |
| TN State Bar status verified as active for Winston S. Evans. (mg) |
| Filing 20 NOTICE of Appearance by Sean C. Wlodarczyk on behalf of Patrick Gentempo, Jeff Hays, TATC Publishing, LLC (Wlodarczyk, Sean) |
| Filing 19 NOTICE by TTAC Publishing, LLC REGARDING SERVICE OF COMPLAINT AND MOTION FOR TEMPORARY RESTRAINING ORDER (Attachments: #1 Exhibit A Correspondence)(Crosby, L.) |
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Filing 18
ORDER granting #9 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Ciera Locklair is granted. Signed by Vicki Kinkade on 09/11/2020. (vk)
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Filing 17
ORDER granting #10 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Phil Parham is granted. Signed by Vicki Kinkade on 9/11/2020.(vk)
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Filing 16
ORDER granting #8 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of L. Clint Crosby is granted. Signed by Vicki Kinkade on 9/11/2020.(vk)
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| Filing 15 SUMMONS returned executed by TTAC Publishing, LLC. Jeff Hays served on 8/29/2020. (Schlehuber, Anthony) |
| Filing 14 SUMMONS returned executed by TTAC Publishing, LLC. Manny Goldman served on 8/24/2020. (Schlehuber, Anthony) |
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Filing 13
ORDER: Pending before the Court is a Motion for Temporary Restraining Order (Doc. No. #11 , "Motion"), filed by Plaintiff TTAC, LLC. Although summons were issued by the Court on August 17, 2020, there is no proof in the record that Defendants have been served with the summons and Complaint in this matter. Plaintiff shall notify the Court as quickly as feasible as to the status of service of the summons and Complaint upon the Defendants and as to whether Defendants have notice of the Motion. Once the Court is so notified, it will proceed further with respect to the Motion. Signed by District Judge Eli J. Richardson on 9/11/2020. (mg)
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| Filing 12 MEMORANDUM in Support of #11 MOTION for Temporary Restraining Order filed by TTAC Publishing, LLC . (Attachments: #1 Exhibit 1 Affidavit, #2 Exhibit 2 Affiliate Resource Ctr, #3 Exhibit 3 New Health, #4 Exhibit 4 Internet articles)(Schlehuber, Anthony) |
| Filing 11 MOTION for Temporary Restraining Order by TTAC Publishing, LLC. (Attachments: #1 Attachment Proposed Order)(Schlehuber, Anthony) |
| Filing 10 MOTION for attorney Phil Parham to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3211141) by TTAC Publishing, LLC. (Schlehuber, Anthony) |
| Filing 9 MOTION for attorney Ciera Locklair to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3211136) by TTAC Publishing, LLC. (Schlehuber, Anthony) |
| Filing 8 MOTION for attorney L. Clint Crosby to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3211124) by TTAC Publishing, LLC. (Schlehuber, Anthony) |
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Filing 7
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 8/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 6 NOTICE of Initial Case Management Conference set for 10/22/2020 at 09:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (mg) |
| Filing 5 Summons issued as to Patrick Gentempo, Manny Goldman, Jeff Hays, Jonathan Hunsaker, TATC Publishing, LLC. Service copies will be returned to counsel by mail. (mg) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (mg) |
| TN State Bar status verified as active for Anthony F. Schlehuber. (mg) |
| GA State Bar status verified as active for L. Clint Crosby, Phillip Parham, and Ciera N. Locklair. (mg) |
| NOTICE TO COUNSEL L. Clint Crosby, Phillip Parham, Ciera N. Locklair: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 9/8/2020. (mg) |
| Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by TTAC Publishing, LLC. (mg) |
| Filing 1 COMPLAINT against Patrick Gentempo, Manny Goldman, Jeff Hays, Jonathan Hunsaker, TATC Publishing, LLC (Filing fee $400, Receipt number 0650-3196093), filed by TTAC Publishing, LLC. (Attachments: #1 Exhibit A - Trademark Reg., #2 Exhibit B - The Answer to Cancer Website, #3 Exhibit C - Screenshot of "About" Page, #4 Exhibit D - Screenshot of Launch Page, #5 Exhibit E - The Answer to Cancer FAQ Page, #6 Attachment - Civil Cover Sheet)(mg) |
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