E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc. v. Panini America, Inc.
| E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc. |
| Panini America, Inc. |
| 4:2022cv00093 |
| February 9, 2022 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Both |
Docket Report
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| Document Text |
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| Filing 19 NOTICE of Attorney Appearance by Andrew Tucker Davison on behalf of Panini America, Inc. (Davison, Andrew) |
| Filing 18 MOTION to Strike Defendant's Affirmative Defenses by E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc.. (Attachments: #1 Declaration of Brian L. King, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Sorden, Gary) |
| Filing 17 NOTICE of Attorney Appearance - Pro Hac Vice by Donald A Ottaunick on behalf of E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc.. Filing fee $ 100, receipt number 0540-8861185. (Ottaunick, Donald) |
| Filing 16 ANSWER to #10 Answer to Complaint, Counterclaim by E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc..(Sorden, Gary) |
| NOTICE of Deficiency regarding #13 Motion to Strike: NO CERTIFICATE OF CONFERENCE. Correction should be made by ONE BUSINESS DAY. (mcg) |
| Counsel are advised that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of filings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place very voluminous filings in three-ring binder(s). Staples are fine; no binder clips, please. (tls) |
| Filing 15 NOTICE of Attorney Appearance by Bradley Clay Knapp on behalf of Panini America, Inc. (Knapp, Bradley) |
| Filing 14 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE***RESPONSE to #10 Answer to Complaint, Counterclaim by E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc.. (Sorden, Gary) Modified on 4/4/2022 (mcg, ). |
| Filing 13 ***FILING ERROR - ATTORNEY TO REFILE - PLEASE IGNORE*** MOTION to Strike Defendant's Affirmative Defenses by E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc.. (Attachments: #1 Declaration of Brian L. King, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Sorden, Gary) Modified on 4/5/2022 (mcg, ). |
| Filing 12 NOTICE of Attorney Appearance by Charles Edward Phipps on behalf of Panini America, Inc. (Phipps, Charles) |
| NOTICE of Deficiency regarding #14 Answer to Counterclaim: INCORRECT DOCKET EVENT. Correction should be made by ONE BUSINESS DAY. (mcg) |
Filing 11
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 5/6/2022. Rule 16 Management Conference set for 5/20/2022 at 01:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 4/1/2022. (mcg)
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| Filing 10 Defendant Panini America's ANSWER to #1 Complaint , COUNTERCLAIM against E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc. by Panini America, Inc..(Cobb, Chase) Modified text on 3/15/2022 (mcg ). |
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Filing 9
ORDER granting #8 Motion to Extend Deadline to Answer Plaintiff's Complaint. Panini's answer shall be due on March 14, 2022. Signed by District Judge Amos L. Mazzant, III on 3/14/2022. (mcg)
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| Answer Due Deadline Updated for Panini America, Inc. to 3/14/2022. (mcg) |
| Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,,,,,,,,,,,,,,,,,,,, by Panini America, Inc.. (Attachments: #1 Text of Proposed Order)(Roberts, Seth) |
| Filing 7 SUMMONS Returned Executed by E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc.. Panini America, Inc. served on 2/11/2022, answer due 3/4/2022. (Sorden, Gary) |
| Filing 6 NOTICE of Attorney Appearance - Pro Hac Vice by Matteo Percontino on behalf of E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc.. Filing fee $ 100, receipt number 0540-8785546. (Percontino, Matteo) |
| Filing 5 NOTICE of Attorney Appearance - Pro Hac Vice by Jacob S Frumkin on behalf of E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc.. Filing fee $ 100, receipt number 0540-8785518. (Frumkin, Jacob) (Additional attachment(s) added on 2/11/2022: #1 Sealed Attachment) (nkl, ). |
| Filing 4 SUMMONS Issued as to Panini America, Inc. (rpc, ) |
| Filing 3 Notice of Filing of Copyright Form (AO 121). AO 121 mailed to the Register of Copyrights. (Sorden, Gary) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc. (Sorden, Gary) |
| Filing 1 COMPLAINT against Panini America, Inc. ( Filing fee $ 402 receipt number 0540-8783403.), filed by E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Panini America U.S. Collin County Property Tax Record, #3 Exhibit 2 - Wild Card, The Cincinnati Enquirer (Jan. 25, 1993), #4 Exhibit 3 - PSACollector Most Expensive Brett Favre Football Cards, #5 Exhibit 4 - Cincinnati firm proud of its stripes, The Cincinnati Enquirer (Jan. 25, 1993), #6 Exhibit 5 - The Cardboard Connections Sleeper Football Cards: 2011 Upper Deck Football Stripe Redemptions, #7 Exhibit 6 - The Cardboard Connections - 10 Insert Sets that Changed Card Collecting Forever, #8 Exhibit 7 - AAA Sports Barry Sanders Stat Smashers card for sale on Ebay for $9,999.99, #9 Exhibit 8 - Barry Sanders AAA Sports Copyrighted Work, #10 Exhibit 9 - Deion Sanders AAA Sports Copyrighted Work, #11 Exhibit 10 - Emmitt Smith AAA Sports Copyrighted Work, #12 Exhibit 11 - Jerry Rice AAA Sports Copyrighted Work, #13 Exhibit 12 - Joe Montana 92 AAA Sports Copyrighted Work, #14 Exhibit 13 - Joe Montana 93 AAA Sports Copyrighted Work, #15 Exhibit 14 - Steve Young AAA Sports Copyrighted Work, #16 Exhibit 15 - Certificates of Registration for AAA Sports Copyrighted Works, #17 Exhibit 16 - Search results for sale for Wild Card Stat Smashers on comc.com, #18 Exhibit 17 - COMC sales on Ebay, #19 Exhibit 18 - Search results of AAA sports cards for sale on collectors.com, #20 Exhibit 19 - Search results for Wild Card Stat Smashers on tcdb.com, #21 Exhibit 20 - Search results for Wild Card Stat Smashers on beckett.com, #22 Exhibit 21 - Search results for AAA sports cards on psacard.com, #23 Exhibit 22 - 1990s: Growth of the Union on nflpa.com, #24 Exhibit 23 - 2020 Panini Sell Sheet in digital form, #25 Exhibit 24 - 2020 Panini Checklist on paniniamerica.com, #26 Exhibit 25 - 2020 Panini Certified Checklist on beckett.com, #27 Exhibit 26 - 2020 Panini Certified Football Cards list on cardboardconnection.com, #28 Exhibit 27 - 2020 Barry Sanders Panini Infringing Card (Front of Card), #29 Exhibit 28 - 2020 Barry Sanders Panini Infringing Card (Back of Card), #30 Exhibit 29 - 2020 Joe Montana Panini Infringing Card images, #31 Exhibit 30 - 2020 Jerry Rice Panini Infringing Card images, #32 Exhibit 31 - 2020 Tom Brady Panini Infringing Card images, #33 Exhibit 32 - Panini NFL Blitz mobile application, #34 Exhibit 33 - Panini NFL Blitz mobile application Android version, #35 Exhibit 34 - Panini NFL Blitz mobile application iOS version, #36 Exhibit 35 - Screen capture of Panini NFL Blitz mobile app for 2020 digital cards, #37 Exhibit 36 - Screen capture of Panini NFL Blitz mobile app displaying available players for 2020 in digital card form, #38 Exhibit 37 - Screen captures of 2020 Individual Digital Player Cards in preview form, #39 Exhibit 38 - Screen capture of Panini NFL Blitz mobile app purchase page for 2020 cards, #40 Exhibit 39 - 2020 George Kittle Panini Digital Infringing Card for Purchase images, #41 Exhibit 40 - 2020 Jerry Rice Panini Infringing Plate image, #42 Exhibit 41 - 2020 Patrick Mahomes Panini Infringing Plate images, #43 Exhibit 42 - 2020 Ezekiel Elliot Panini Infringing Plate images, #44 Exhibit 43 - Hardcopy Photograph of 2020 Panini Sell Sheet, #45 Exhibit 44 - Panini America Delivers a Detailed First Look at the Upcoming 2020 Certified Football, Panini Blog, #46 Exhibit 45 - 2021 Panini Certified Football Cards List on cardboardconnection.com, #47 Exhibit 46 - 2021 Jerry Rice Panini Infringing Card images, #48 Exhibit 47 - Screen capture of Panini NFL Blitz mobile app for 2021 digital cards, #49 Exhibit 48 - Screen capture of Panini NFL Blitz mobile app displaying available players for 2021 in digital card form, #50 Exhibit 49 - Screen captures of 2021 Individual Digital Player Cards in preview form, #51 Exhibit 50 - 2020 Panini Certified Football release box, #52 Exhibit 51 - Screen capture of Panini NFL Blitz App, Terms of Use Agreement, #53 Exhibit 52 - 2021 Panini Certified Football release box, #54 Exhibit 53 - 2021 Joe Burrow Panini Digital Infringing Card for Purchase images, #55 Exhibit 54 - 2021 Travis Kelce Panini Digital Infringing Card for Purchase images, #56 Exhibit 55 - 2021 Josh Allen Panini Digital Infringing Card for Purchase images, #57 Exhibit 56 - 2021 Justin Herbert Panini Digital Infringing Card for Purchase images, #58 Exhibit 57 - 1991 Operation Yellow Ribbon Desert Storm Trading Cards Part 1, #59 Exhibit 58 - 1991 Operation Yellow Ribbon Desert Storm Trading Cards Part 2, #60 Exhibit 59 - Panini News Article: 2020 Certified Cards Release Date, #61 Exhibit 60 - Panini News Article : 2021 Certified Cards Release Date, #62 Exhibit 61 - The Panini America Quality Control Gallery: 2021 Certified)(Sorden, Gary) |
| 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. (rpc, ) |
| Case Assigned to District Judge Amos L. Mazzant, III. (rpc, ) |
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| Search for this case: E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc. v. Panini America, Inc. | |
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| Counter defendant: E. Hanlin Bavely, the Chapter 7 Trustee of AAA Sports, Inc. | |
| Represented By: | Brian Lawrence King |
| Represented By: | James Robert Perkins |
| Represented By: | Niky R. Bagley |
| Represented By: | Timothy J.H. Craddock |
| Represented By: | Vishal Hemant Patel |
| Represented By: | Gary R Sorden |
| Represented By: | Jacob S Frumkin |
| Represented By: | Matteo Percontino |
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| Counter claimant: Panini America, Inc. | |
| Represented By: | Charles Edward Phipps |
| Represented By: | Andrew Tucker Davison |
| Represented By: | Bradley Clay Knapp |
| Represented By: | Chase Tyler Cobb |
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