Merch Traffic, LLC v. Various John Does et al
Plaintiff: Merch Traffic, LLC
Defendant: Various John Does, Various Jane Does and XYZ Company
Case Number: 3:2024cv00106
Filed: January 31, 2024
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Waverly D Crenshaw
Referring Judge: Alistair Newbern
2 Judge: Eli J Richardson
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2024 Opinion or Order Filing 24 ORDER: The Plaintiff has filed a Notice of Voluntary Dismissal. (Doc. No. #21 ) Accordingly, this action is DISMISSED WITHOUT PREJUDICE, and the Clerk is directed to close the file. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/6/2024. (af)
March 6, 2024 Opinion or Order Filing 23 ORDER: Merch Traffic, LLC ("Plaintiff") has filed a Motion for Release of Cash Bond and For Disposition of Seized Merchandize (Doc. No. #22 ). The docket does not show that any defendant has been served or has otherwise appeared. The Court construes the motion as a request to close this case. Accordingly, the Court rules: 1. The Cash Bond posted by Plaintiff's counsel in the amount of Seven Thousand Five Hundred Dollars ($7,500) along with accrued interest (if any) and less fees (if any), shall be and hereby is exonerated, and shall be released to counsel for the Plaintiff. 2. The Clerk of the Court shall send the released Cash Bond to Plaintiff's counsel in the form of a check made payable as follows: Merch Traffic, LLC, c/o Cara R. Burns, Mims, Kaplan, Burns & Garretson, 28202 Cabot Road, Suite 300, Laguna Niguel, CA 92677. 3. Plaintiff is authorized to destroy or otherwise dispose of all previously seized infringing merchandise. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/6/2024. (af)
March 3, 2024 Filing 22 Unopposed MOTION for Release of Bond Obligation and Disposition of Seized Merchandise by Merch Traffic, LLC. (Attachments: #1 Exhibit A- Prop Order, #2 Exhibit B - Bond Posting Recpt)(Burns, Cara)
March 3, 2024 Filing 21 NOTICE of Voluntary Dismissal by Merch Traffic, LLC (Burns, Cara)
February 29, 2024 Opinion or Order Filing 20 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). Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/29/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
February 14, 2024 Opinion or Order Filing 19 PRELIMINARY INJUNCTION AND SEIZURE ORDER. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/14/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
February 14, 2024 Filing 18 Exhibit List by Merch Traffic, LLC. (af)
February 13, 2024 Minute Entry for proceedings held before Chief Judge Waverly D. Crenshaw, Jr: Motion Hearing held on 2/13/2024 re #9 Emergency MOTION for Temporary Restraining Order, Seizure Order and an Order to Show Cause Why A Preliminary Injunction and Seizure Order Should Not Issue, filed by Merch Traffic, LLC. Order to enter. (Court Reporter Lise Matthews.) (Hearing lasted :15)(Seay, Melissa)
February 11, 2024 Filing 17 DECLARATION of Emily Holt filed by Merch Traffic, LLC re: #13 Temporary Restraining Order,,, Order to Show Cause,,, Set Motion and R&R Deadlines/Hearings,,. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B -Bootleggers, #3 Exhibit C- Infring Merch, #4 Exhibit D-Proofs of Service)(Burns, Cara)
February 5, 2024 Opinion or Order Filing 16 ORDER granting #14 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Cara R. Burns to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 02/05/2024. (lh)
February 5, 2024 Opinion or Order Filing 15 ORDER: After consultation with Judge Eli Richardson and pursuant to Local Rule 65.01(e), the Clerk shall reassign this case to the undersigned. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/5/2024. (af)
February 2, 2024 Filing 14 MOTION for attorney Cara R. Burns to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4003639) by Merch Traffic, LLC. (Attachments: #1 Attachment Cert of Good Stdg)(Burns, Cara)
February 1, 2024 Opinion or Order Filing 13 TEMPORARY RESTRAINING ORDER; SEIZURE ORDER; AND ORDER TO SHOW CAUSE: Show Cause Hearing set for 2/13/2024 01:00 PM in Courtroom 6B before Chief Judge Waverly D. Crenshaw Jr. Defendants shall file a response to the Motion for Preliminary Injunction and Seizure Order (Doc. No. #9 ) by 1:00 p.m. on February 10, 2024. Any reply shall be filed by the Plaintiff by 1:00 p.m. on February 12, 2024. Plaintiff shall provide copies of all other filed pleadings at the request of any identified defendant. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/1/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
February 1, 2024 Filing 12 CERTIFICATE of Counsel re #9 Emergency MOTION for Temporary Restraining Order , Seizure Order and an Order to Show Cause Why A Preliminary Injunction and Seizure Order Should Not Issue by Samuel F. Miller on behalf of Merch Traffic, LLC (Attachments: #1 Exhibit A - Prior TN Orders, #2 Exhibit B - Prior Artist Orders, #3 Exhibit C - Prior Other Orders)(Miller, Samuel)
February 1, 2024 Filing 11 DECLARATION of Emily Holt filed by Merch Traffic, LLC re: #9 Emergency MOTION for Temporary Restraining Order , Seizure Order and an Order to Show Cause Why A Preliminary Injunction and Seizure Order Should Not Issue. (Attachments: #1 Exhibit A Tour, #2 Exhibit B Authorized Merch)(Miller, Samuel)
February 1, 2024 Filing 10 MEMORANDUM in Support of #9 Emergency MOTION for Temporary Restraining Order , Seizure Order and an Order to Show Cause Why A Preliminary Injunction and Seizure Order Should Not Issue filed by Merch Traffic, LLC . (Miller, Samuel)
February 1, 2024 Filing 9 Emergency MOTION for Temporary Restraining Order , Seizure Order and an Order to Show Cause Why A Preliminary Injunction and Seizure Order Should Not Issue by Merch Traffic, LLC. (Attachments: #1 Exhibit for a TRO & SO etc)(Miller, Samuel)
January 31, 2024 Filing 8 NOTICE of Initial Case Management Conference by Telephone set for 4/1/2024 at 10:00 AM before Magistrate Judge Alistair Newbern. (mg)
January 31, 2024 Filing 7 NOTICE of Business Entity Disclosure Statement filing requirement. (mg)
January 31, 2024 Filing 6 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg)
January 31, 2024 Filing 5 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (mg)
January 31, 2024 Filing 4 NOTICE of Appearance by Brooks Vincent Frye on behalf of Merch Traffic, LLC. (mg)
January 31, 2024 Filing 3 NOTICE of Appearance by Samuel F. Miller on behalf of Merch Traffic, LLC. (mg)
January 31, 2024 Filing 2 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Merch Traffic, LLC. (Attachments: #1 Attachment - Attachment to Business Entity Disclosure)(mg)
January 31, 2024 Filing 1 COMPLAINT against Various Jane Does, Various John Does, XYZ Company (Filing fee $405, Receipt number ATNMDC-4001740), filed by Merch Traffic, LLC. (Attachments: #1 Attachment - Trademark Report AO120, #2 Attachment - Civil Cover Sheet)(mg)
January 31, 2024 TN State Bar status verified as active for Samuel F. Miller, Brooks Vincent Frye admitted to this court. (mg)
January 31, 2024 NOTICE TO COUNSEL Cara Burns: 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 $150.00 (LR 83.01(b)). PHV due by 2/21/2024. (mg)
January 31, 2024 CA State Bar status verified as active for Cara Burns not admitted to this court - Local counsel secured. (mg)

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Plaintiff: Merch Traffic, LLC
Represented By: Brooks Vincent Frye
Represented By: Cara Burns
Represented By: Samuel F. Miller
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Defendant: Various John Does
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Defendant: Various Jane Does
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Defendant: XYZ Company
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