Brainstorm XX, LLC et al v. Wierman et al
Plaintiff: BRAINSTORM XX, LLC, d/b/a www.ROBOCALLS.CASH, Lee "Doc" Compton and Brainstorm XX, LLC doing business as www.robocalls.cash
Defendant: Duncan Craig Wierman doing business as SPAMCALLPROFITSYSTEM.COM and SPAMCALLPROFITSYSTEM.COM
Case Number: 4:2021cv00584
Filed: July 26, 2021
Court: US District Court for the Eastern District of Texas
Presiding Judge: Sean D Jordan
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1051
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2021 Opinion or Order Filing 29 Amended MOTION for Extension of Time to File Response/Reply by Duncan Craig Wierman. (Caldwell, Kenneth)
September 23, 2021 Opinion or Order NOTICE of Deficiency regarding #28 Motion for Extension of Time: NO CERTIFICATE OF CONFERENCE. Correction should be made by ONE BUSINESS DAY. (mcg)
September 22, 2021 Opinion or Order Filing 28 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***Consent MOTION for Extension of Time to File Response/Reply as to #12 Amended Complaint by Duncan Craig Wierman. (Caldwell, Kenneth) (Additional attachment(s) added on 9/23/2021: #1 Text of Proposed Order) (mcg, ). Modified on 9/23/2021 (mcg, ).
September 22, 2021 Opinion or Order Filing 27 NOTICE of Attorney Appearance by Kenneth N Caldwell on behalf of Duncan Craig Wierman (Caldwell, Kenneth)
September 7, 2021 Opinion or Order Filing 26 SUMMONS Returned Executed by Lee "Doc" Compton, Brainstorm XX, LLC. SPAMCALLPROFITSYSTEM.COM served on 9/1/2021, answer due 9/22/2021; Duncan Craig Wierman served on 9/1/2021, answer due 9/22/2021. (Braun, Jeanette)
September 2, 2021 Opinion or Order Filing 25 ORDER: Plaintiff Brainstorm XX, LLC's and Lee "Doc" Compton's Motion for Ex Parte Temporary Restraining Order #18 is DENIED as moot.Signed by District Judge Sean D. Jordan on 9/2/2021. (ldm)
September 2, 2021 Opinion or Order Filing 24 Additional Attachments to Main Document: #23 Affidavit of Service.. (Attachments: #1 Supplement Declaration of Counsel for Plaintiffs, Jeanette M. Braun, in Support of the Affidavit of Service to Show 306 Oak Brook Way, Taylors, Sc 29687 is the Usual Place of Abode for Defendants, #2 Exhibit Exhibit A South Carolina Election Commission Voter Information showing Duncan Wierman as a registered voter in the state of South Carolina, #3 Exhibit Exhibit B Florida Department of State Voter Information Lookup showing Duncan Wierman not registered as a voter in the state of Florida, #4 Exhibit Exhibit C 2011 and 2021 Property Tax Details for 306 Oak Brook Way, Taylors, SC, 29687, showing Duncan Wierman as an owner of the property and the legal residency exemption for property tax being taken for said property, #5 Exhibit Exhibit D Greenville County Marriage License search result for Duncan Wierman and Kelly Rodgers (maiden) showing they are married under license no. 2011-3129)(Braun, Jeanette)
September 2, 2021 Opinion or Order Filing 23 AFFIDAVIT of Service for Summons, First Amended and Verified Complaint, and more served on Kelly Wierman, the wife of Defendant Wierman on 09/01/2021, filed by Brainstorm XX, LLC, Lee "Doc" Compton. (Braun, Jeanette)
August 31, 2021 Opinion or Order Filing 22 Minute Entry for proceedings held before District Judge Sean D. Jordan: Motion Hearing held on 8/31/2021 re #18 First MOTION for Temporary Restraining Order Ex Parte and Expedited TRO Hearing filed by Lee "Doc" Compton, Brainstorm XX, LLC. (Court Reporter Gayle Wear.) (bss, )
August 25, 2021 Opinion or Order Filing 21 ORDER that Brainstorm's request for a hearing on the motion for temporary restraining order, (Dkt. #19 ), is GRANTED. The hearing is set for Tuesday, August 31, 2021, at 11:00 a.m. at the United States Courthouse located at 7940 Preston Road, Courtroom 105, Plano, Texas 75024. Plaintiffs counsel is directed to notify Defendant(s) of the hearing. Signed by District Judge Sean D. Jordan on 08/25/2021. (las)
August 25, 2021 Opinion or Order Filing 20 SUMMONS REISSUED as to Duncan Craig Wierman. (mcg)
August 24, 2021 Opinion or Order Filing 19 First MOTION for Temporary Restraining Order For Emergency Motion for Hearing by Brainstorm XX, LLC, Lee "Doc" Compton. (Attachments: #1 Text of Proposed Order Proposed Order Granting Emergency Motion For Hearing On Plaintiffs Brainstorm XX, LLC and Lee Doc Comptons Motion For Ex Parte Temporary Restraining Order)(Braun, Jeanette)
August 24, 2021 Opinion or Order Filing 18 First MOTION for Temporary Restraining Order Ex Parte and Expedited TRO Hearing by Brainstorm XX, LLC, Lee "Doc" Compton. (Attachments: #1 Appendix Appendix for Motion for TRO, #2 Text of Proposed Order Proposed Order for TRO, #3 Affidavit Rule 65(B)(1) Certification of Counsel for Plaintiff Brainstorm XX, LLCs and Lee Doc Compton That an Ex Parte Motion for Temporary Restraining Order is Required and That Notice is Not Required)(Braun, Jeanette)
August 24, 2021 Opinion or Order Filing 17 SEALED ADDITIONAL ATTACHMENTS to Main Document: #12 Amended Complaint, #15 First MOTION to Seal Document Exhibits A and D of Plaintiffs' First Amended and Verified Complaint. (Attachments: #1 Exhibit Exhibit A Plaintiffs' Turning Robocalls Into Cash Kit Filed Under Seal, #2 Exhibit Exhibit D Defendants' Infringing Spam Call Profit System Course)(Braun, Jeanette)
August 24, 2021 Opinion or Order Filing 16 Additional Attachments to Main Document: #15 First MOTION to Seal Document Exhibits A and D of Plaintiffs' First Amended and Verified Complaint.. (Attachments: #1 Exhibit Exhibit 1 Plaintiff Lee Doc Compton Declaration in Support of Plaintiffs Motion for Hearing and To Seal Plaintiffs First Amended and Verified Complaint Exhibits A and D, #2 Text of Proposed Order [Proposed] Order Granting Plaintiffs Motion for Hearing and To Seal Plaintiffs First Amended and Verified Complaint Exhibits A and D)(Braun, Jeanette)
August 24, 2021 Opinion or Order Filing 15 First MOTION to Seal Document Exhibits A and D of Plaintiffs' First Amended and Verified Complaint by Brainstorm XX, LLC, Lee "Doc" Compton. (Braun, Jeanette) (Additional attachment(s) added on 8/25/2021: #1 Text of Proposed Order) (mcg, ).
August 24, 2021 Opinion or Order Filing 14 Additional Attachments to Main Document: #12 Amended Complaint.. (Braun, Jeanette)
August 24, 2021 Opinion or Order Filing 13 Additional Attachments to Main Document: #12 Amended Complaint.. (Attachments: #1 Exhibit Exhibit A Plaintiffs Course To Be Filed Under Seal, #2 Exhibit Exhibit B Plaintiffs Email to Defendants Cancelling Membership, #3 Exhibit Exhibit C Plaintiffs Guarantee Policy, #4 Exhibit Exhibit D Defendants Course To Be Filed Under Seal, #5 Exhibit Exhibit E Defendant Advertising Infringing Course on July 4 2021 TikTok Video, #6 Exhibit Exhibit F Defendant Advertising Infringing Course on July 24 2021 TikTok Video, #7 Exhibit Exhibit G Plaintiff Copyright Reg No TX 8-979-301)(Braun, Jeanette)
August 24, 2021 Opinion or Order Filing 12 AMENDED COMPLAINT First and Verified against All Defendants, filed by Lee "Doc" Compton, Brainstorm XX, LLC.(Braun, Jeanette)
August 9, 2021 Opinion or Order Filing 11 First MOTION to Seal Document #7 Additional Attachments to Main Document, #4 Additional Attachments to Main Document, #1 Complaint, Attachment 1 by Brainstorm XX, LLC, Lee "Doc" Compton. (Attachments: #1 Notice of Plaintiffs' Motion for Hearing and to Seal, #2 Plaintiffs; Motion for Hearing and to Seal, #3 Exhibit Exhibit 1 Declaration of Lee "Doc" Compton in Support of Plaintiffs' Motion for Hearing and to Seal, #4 Text of Proposed Order Proposed Order Granting Plaintiffs' Motion for Hearing and to Seal)(Braun, Jeanette)
July 27, 2021 Opinion or Order Filing 10 Notice of Filing of Copyright Form (AO 121). AO 121 mailed to the Register of Copyrights. (Braun, Jeanette)
July 27, 2021 Opinion or Order Filing 9 Additional Attachments to Main Document Exhibit F: #1 Complaint,.. (Braun, Jeanette) Modified text on 7/27/2021 (mcg, ).
July 27, 2021 Opinion or Order Filing 8 Additional Attachments to Main Document Exhibit E: #1 Complaint,.. (Braun, Jeanette) Modified text on 7/27/2021 (mcg, ).
July 27, 2021 Opinion or Order Filing 7 Additional Attachments to Main Document Exhibit D: #1 Complaint,.. (Braun, Jeanette) Modified on 7/27/2021 (mcg, ).
July 27, 2021 Opinion or Order Filing 6 Additional Attachments to Main Document Exhibit C: #1 Complaint,.. (Braun, Jeanette) Modified text on 7/27/2021 (mcg, ).
July 27, 2021 Opinion or Order Filing 5 Additional Attachments to Main Document - Exhibit B: #1 Complaint. (Braun, Jeanette) Modified text on 7/27/2021 (mcg, ).
July 27, 2021 Opinion or Order Filing 4 Additional Attachments to Main Document Exhibit A: #1 Complaint,.. (Braun, Jeanette) Modified text on 7/28/2021 (mcg).
July 27, 2021 Opinion or Order Filing 3 SUMMONS Issued as to Duncan Craig Wierman. (mcg)
July 26, 2021 Opinion or Order Case Assigned to District Judge Sean D. Jordan. (mcg)
July 26, 2021 Opinion or Order In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mcg)
July 26, 2021 Opinion or Order Filing 2 NOTICE of Attorney Appearance - Pro Hac Vice by Jeanette M Braun on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-8510098. (Braun, Jeanette)
July 26, 2021 Opinion or Order Filing 1 COMPLAINT Brainstorm XX, LLC against Duncan Craig Wierman ( Filing fee $ 402 receipt number 0540-8510072.), filed by BRAINSTORM XX, LLC, d/b/a www.ROBOCALLS.CASH. (Attachments: #1 Exhibit All Exhibits A-F, #2 Supplement Copyright AO121 Form, #3 Summons(es) Summons, #4 Civil Cover Sheet Civil Cover Sheet)(Braun, Jeanette)

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Plaintiff: BRAINSTORM XX, LLC, d/b/a www.ROBOCALLS.CASH
Represented By: Jeanette M Braun
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Plaintiff: Lee "Doc" Compton
Represented By: Jeanette M Braun
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Plaintiff: Brainstorm XX, LLC doing business as www.robocalls.cash
Represented By: Jeanette M Braun
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Defendant: Duncan Craig Wierman doing business as SPAMCALLPROFITSYSTEM.COM
Represented By: Kenneth N Caldwell
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