Novo Nordisk A/S et al v. Pro Health Investments, LLC
Plaintiff: Novo Nordisk A/S and Novo Nordisk Inc.
Defendant: Pro Health Investments, LLC
Case Number: 2:2023cv02369
Filed: June 20, 2023
Court: US District Court for the Western District of Tennessee
Presiding Judge: Annie T Christoff
Referring Judge: Jon Phipps McCalla
2 Judge: Thomas L Parker
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2023 Opinion or Order Filing 34 ORDER GRANTING #33 Motion for Extension of Time to Answer re #33 Third MOTION for Extension of Time to File Answer Unopposed (proposed order submitted) Pro Health Investments, LLC answer due 10/10/2023. (msr)
September 6, 2023 Filing 33 Third MOTION for Extension of Time to File Answer Unopposed (proposed order submitted) by Pro Health Investments, LLC. (Brunson, Pete)
August 21, 2023 Filing 32 CORRECTED SETTING LETTER: A Jury Trial has been set for Monday, September 23, 2024 at 9:30 AM before Judge Jon Phipps McCalla in a courtroom to be determined. A Pretrial Conference has been set for Friday, September 13, 2024 at 9:30 AM before Judge Jon Phipps McCalla in a courtroom to be determined. The Proposed Joint Pretrial Order is due by 4:30 PM on September 3, 2024. (jrs) Modified on 8/22/2023 to correct jury designation (jrs). (Main Document 32 replaced on 8/22/2023 to correct jury designation) (jrs).
August 21, 2023 Opinion or Order Filing 31 SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 8/21/2023. (crh)
August 21, 2023 Filing 30 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 8/21/2023. Aaron Craig, Bruce Baber, Steven Riley, and Milton McGee, III appeared for the plaintiffs. Scott Douglas and Pete Brunson appeared for the defendant. A Preliminary Injunction Order has been entered #25 . An Order extending answer deadline to September 8, 2023 has been entered 27 . The Court orally granted leave to amend complaint. Second phase Discovery is due by September 4, 2023. Remaining dates/deadlines set. The Non-Jury/Jury Trial is set for Monday, September 23, 2024 at 9:30 AM in a courtroom to be determined. The trial is expected to take 3-4 days. The Pretrial Conference is set for Friday, September 13, 2024 at 9:30 AM in a courtroom to be determined. The Proposed Joint Pretrial Conference Order is due by 4:30 PM on September 3, 2024. A Scheduling Order will be entered. (Court Reporter: Polly Wardlow) (jrs)
August 15, 2023 Filing 29 NOTICE of Appearance by Pete A. Brunson on behalf of Pro Health Investments, LLC (Brunson, Pete)
August 14, 2023 Filing 28 REPORT of Rule 26(f) Planning Meeting . (Riley, Steven)
August 7, 2023 Opinion or Order Filing 27 TEXT-ONLY ORDER GRANTING #26 SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO THE COMPLAINT. Pursuant to Administrative Order 2023-22, this Motion has been referred to the Magistrate Judge for determination. For good cause shown, the Unopposed Motion is GRANTED. Defendant's deadline to respond to the Complaint is now September 8, 2023. Signed by Magistrate Judge Annie T. Christoff on 08/07/2023. (jad)
August 4, 2023 Filing 26 MOTION for Extension of Time to File Answer re #1 Complaint,, /Second Unopposed Motion for Extension of Time to Respond to the Complaint - Proposed Order Submitted by Pro Health Investments, LLC. (Douglass, Scott)
August 4, 2023 Opinion or Order Filing 25 CONSENT PRELIMINARY INJUNCTION ORDER re #24 Motion for Preliminary Injunction. Signed by Judge Jon Phipps McCalla on 7/28/2023. (crh)
July 27, 2023 Filing 24 Joint MOTION for Preliminary Injunction and Memorandum in Support (proposed order submitted) by All Plaintiffs. (Riley, Steven)
July 21, 2023 Filing 23 SETTING LETTER: The Telephonic Scheduling Conference has been RESET to Monday, *August 21, 2023 at 10:30 AM (CT) before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) Modified on 7/24/2023 to correct date (jrs).
July 21, 2023 Filing 22 Corporate Disclosure Statement by Pro Health Investments, LLC. (Douglass, Scott)
July 20, 2023 Opinion or Order Filing 21 ORDER GRANTING #19 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 7/20/2023. (crh)
July 20, 2023 Opinion or Order Filing 20 ORDER GRANTING #18 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 7/20/2023. (crh)
July 20, 2023 Filing 19 MOTION for Leave to Appear Pro Hac Vice (proposed order submitted) (Filing fee $ 150 receipt number ATNWDC-4189961) by Novo Nordisk A/S, Novo Nordisk Inc.. (Attachments: #1 Certificate of Good Standing - CA Supreme Court, #2 Certificate of Good Standing - USDC CD CA)(Craig, Aaron)
July 20, 2023 Filing 18 MOTION for Leave to Appear Pro Hac Vice (proposed order submitted) (Filing fee $ 150 receipt number ATNWDC-4189945) by Novo Nordisk A/S, Novo Nordisk Inc.. (Attachments: #1 Certificate of Good Standing - CA Supreme Court, #2 Certificate of Good Standing - USDC CD CA)(Akrotirianakis, Joseph)
July 20, 2023 Opinion or Order Filing 17 ORDER GRANTING #16 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 7/20/2023. (crh)
July 19, 2023 Filing 16 MOTION for Leave to Appear Pro Hac Vice (proposed order submitted) (Filing fee $ 150 receipt number ATNWDC-4189085) by Novo Nordisk A/S, Novo Nordisk Inc.. (Attachments: #1 Certificate of Good Standing -- GA Supreme Court, #2 Certificate of Good Standing -- USDC MD GA)(Baber, Bruce)
July 13, 2023 Filing 15 SETTING LETTER: A Telephonic Scheduling Conference has been set for Wednesday, August 16, 2023 at 9:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs)
July 13, 2023 Filing 14 Judge Jon Phipps McCalla added. Judge Thomas L. Parker no longer assigned to case. (agj)
July 12, 2023 Opinion or Order Filing 13 ORDER OF RECUSAL. Signed by Judge Thomas L. Parker on 7/12/2023. (jdgc)
July 12, 2023 Opinion or Order Filing 12 [**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Defendant moves unopposed for an extension of time to respond to Plaintiff's complaint. (ECF No. 11.) For good cause shown, the Court GRANTS Defendant's motion. Defendant must file its response before close of business on August 9, 2023. Signed by Judge Thomas L. Parker on 7/12/2023. (jdgc)
July 11, 2023 Filing 11 MOTION for Extension of Time to File Answer by Pro Health Investments, LLC. (Douglass, Scott)
July 11, 2023 Filing 10 NOTICE of Appearance by Scott M. Douglass on behalf of Pro Health Investments, LLC (Douglass, Scott)
June 20, 2023 Filing 9 SUMMONS Returned Executed by Novo Nordisk A/S, Novo Nordisk Inc. as to Pro Health Investments, LLC. (Riley, Steven)
June 20, 2023 Filing 8 NOTICE of Appearance by Milton S. McGee, III on behalf of All Plaintiffs (McGee, Milton)
June 20, 2023 Filing 7 Summons Issued as to Pro Health Investments, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (agj)
June 20, 2023 Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (agj)
June 20, 2023 Filing 5 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (agj)
June 20, 2023 Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (agj)
June 20, 2023 Filing 3 Judge Thomas L. Parker and Magistrate Judge Annie T. Christoff added. (agj)
June 20, 2023 Filing 2 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,585,492; . (Riley, Steven)
June 20, 2023 Filing 1 COMPLAINT against Pro Health Investments, LLC (Filing fee $ 402 receipt number ATNWDC-4169112), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit A to Complaint (Pro Health WEGOVY Reg No 6 585 492), #4 Exhibit B to Complaint (Advertisement from Defendant's website), #5 Exhibit C to Complaint (Advertisement from Defendant's social media), #6 Corporate Disclosure (Novo Nordisk A/S), #7 Corporate Disclosure (Novo Nordisk Inc.))(Riley, Steven)

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Plaintiff: Novo Nordisk A/S
Represented By: Milton S. McGee, III
Represented By: Steven A. Riley
Represented By: Aaron Samuel Bennett Craig
Represented By: Bruce W. Baber
Represented By: Joseph N Akrotirianakis
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Plaintiff: Novo Nordisk Inc.
Represented By: Milton S. McGee, III
Represented By: Steven A. Riley
Represented By: Aaron Samuel Bennett Craig
Represented By: Bruce W. Baber
Represented By: Joseph N Akrotirianakis
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Defendant: Pro Health Investments, LLC
Represented By: Scott M. Douglass
Represented By: Pete A. Brunson
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