Nerium International LLC et al v. AloeVeritas Americas LLC et al
Plaintiff: Nerium International, LLC, Nerium International LLC and Nerium Biotechnology Inc
Defendant: CHRIS HARDY, ALOEVERITAS AMERICAS, LLC, HW & B ENTERPRISES, LLC, JOSEPH J MACKEY, AloeVeritas Americas LLC and HW & B Enterprises LLC
Case Number: 3:2017cv02994
Filed: October 30, 2017
Court: US District Court for the Northern District of Texas
Office: Dallas Office
County: Dallas
Presiding Judge: Jane J Boyle
Referring Judge: Jane J Boyle
Nature of Suit: Property Rights: Trademark
Cause of Action: 15 U.S.C. § 44 Trademark Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 7, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2018 Opinion or Order Filing 41 Report to Patent/Trademark Office of Order of Dismissal. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ykp)
August 7, 2018 Opinion or Order Filing 40 Order: The Court having considered the motion and the pleadings on file finds that Plaintiffs' Agreed Motion to Dismiss should be granted. It is ORDERED that all of the claims asserted by Plaintiffs against Defendants Aloe Veritas Americas, LLC, HW & B Enterprises, LLC, Chris Hardy and Joseph J. Mackey are dismissed with prejudice. All relief not specifically granted in this Order is denied. All costs shall be taxed against the party incurring the same. The clerk will prepare the final Report to the Patent/Trademark or Copyright Office. (Ordered by Judge Jane J. Boyle on 8/7/2018) (ykp)
August 7, 2018 Opinion or Order Filing 39 Agreed MOTION to Dismiss filed by Nerium Biotechnology Inc, Nerium International LLC (Attachments: #1 Proposed Order)Attorney Christopher J Schwegmann added to party Nerium Biotechnology Inc(pty:pla) (Schwegmann, Christopher)
June 6, 2018 Opinion or Order Filing 38 ANSWER to #37 Amended Complaint, with Jury Demand filed by AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Champion, Austin)
May 23, 2018 Opinion or Order Filing 37 AMENDED COMPLAINT WITH JURY DEMAND against Nerium International LLC filed by Nerium International LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Schwegmann, Christopher)
May 22, 2018 Opinion or Order Filing 36 AGREED PROTECTIVE ORDER. (Ordered by Judge Jane J. Boyle on 5/22/2018) (rekc)
May 22, 2018 Opinion or Order Filing 35 Agreed MOTION for Protective Order filed by Nerium International LLC (Attachments: #1 Proposed Order) (Schwegmann, Christopher)
May 8, 2018 Opinion or Order Filing 34 ANSWER to #1 Complaint with Jury Demand filed by AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Champion, Austin)
May 1, 2018 Opinion or Order Filing 33 NOTICE of Attorney Appearance by Mark E Turk on behalf of Nerium International LLC. (Filer confirms contact info in ECF is current.) (Turk, Mark)
May 1, 2018 Opinion or Order Filing 32 ELECTRONIC ORDER: On April 19, 2018, the Court ordered that Nerium Biotechnology, Inc. be made a party to this case. Doc. 31. Pursuant to that order, Nerium International, LLC must file a new complaint within thirty days adding Nerium Biotechnology, Inc. as a party plaintiff in this case. (Ordered by Judge Jane J. Boyle on 5/1/2018) (chmb)
April 24, 2018 Opinion or Order Filing 31 Memorandum Opinion and Order: The Court DENIES Aloeveritas's #11 motion to dismiss but ORDERS NBI to be made a party to this case. NBI must APPEAR within 30 days. (Ordered by Judge Jane J. Boyle on 4/24/2018) (svc)
April 20, 2018 Opinion or Order Filing 30 MEMORANDUM ORDER denying #23 Motion to Stay. (Ordered by Judge Jane J. Boyle on 4/20/2018) (axm)
April 11, 2018 Opinion or Order Filing 29 REPLY filed by AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey re: #23 MOTION to Stay Proceedings Pending Resolution of Related Litigation (Champion, Austin)
March 29, 2018 Opinion or Order Filing 28 NOTICE of Mediator (Joint) filed by AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey (Champion, Austin)
March 28, 2018 Opinion or Order Filing 27 Appendix in Support filed by Nerium International LLC re #26 Response/Objection to Defendants' Motion to Stay (Schwegmann, Christopher)
March 28, 2018 Opinion or Order Filing 26 RESPONSE AND OBJECTION filed by Nerium International LLC re: #23 MOTION to Stay Proceedings Pending Resolution of Related Litigation (Schwegmann, Christopher)
March 9, 2018 Opinion or Order Filing 25 NOTICE of Firm Name Change filed by AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey (Champion, Austin)
March 7, 2018 Opinion or Order Filing 24 Appendix in Support filed by AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey re #23 MOTION to Stay Proceedings Pending Resolution of Related Litigation (Attachments: #1 Exhibit(s) A - APP001-APP058, #2 Exhibit(s) B - APP059-APP066, #3 Exhibit(s) C - APP067-APP131, #4 Exhibit(s) D - APP132-APP136) (Champion, Austin)
March 7, 2018 Opinion or Order Filing 23 MOTION to Stay Proceedings Pending Resolution of Related Litigation filed by AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Granting Defendants' Motion to Stay Proceedings Pending Resolution of Related Litigation) (Champion, Austin)
February 22, 2018 Opinion or Order Filing 22 SCHEDULING ORDER: Trial set for four-week docket beginning 6/10/2019 before Judge Jane J. Boyle. Joinder of Parties due by 9/13/2018. Amended Pleadings due by 9/13/2018. Motions due by 3/12/2019. Discovery due by 2/11/2019. Deadline for mediation is on or before 1/11/2019. Pretrial Order due by 5/28/2019. Pretrial Materials due by 5/28/2019. Pretrial Conference set for 6/7/2019 10:00 AM before Judge Jane J. Boyle. (Ordered by Judge Jane J. Boyle on 2/22/2018) (rekc)
February 19, 2018 Opinion or Order Filing 21 Joint STATUS REPORT filed by Nerium International LLC. (Schwegmann, Christopher)
January 29, 2018 Opinion or Order Filing 20 STATUS REPORT ORDER: Joint Status Report due by 2/20/2018. (Ordered by Judge Jane J. Boyle on 1/29/2018) (ran)
January 26, 2018 Opinion or Order Filing 19 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AloeVeritas Americas LLC identifying Corporate Parent/Other Affiliate HW & B Enterprises, LLC for AloeVeritas Americas LLC. (Champion, Austin)
January 26, 2018 Opinion or Order Filing 18 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by HW & B Enterprises LLC. (Champion, Austin)
January 24, 2018 Opinion or Order Filing 17 ELECTRONIC ORDER granting #16 Defendants' Unopposed Motion to Withdraw Counsel. Attorney Austin Champion will replace Gregory Perrone as lead counsel for Defendants. (Ordered by Judge Jane J. Boyle on 1/24/2018) (chmb)
January 23, 2018 Opinion or Order Filing 16 Unopposed MOTION to Withdraw as Attorney for Defendants filed by AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey (Perrone, Gregory)
January 22, 2018 Opinion or Order Filing 15 NOTICE of Attorney Appearance by William Benjamin Jones on behalf of AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey. (Filer confirms contact info in ECF is current.) (Jones, William)
January 22, 2018 Opinion or Order Filing 14 NOTICE of Attorney Appearance by Austin Smith Champion on behalf of AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey. (Filer confirms contact info in ECF is current.) (Champion, Austin)
January 19, 2018 Opinion or Order Filing 13 NOTICE of Attorney Appearance by Jared Eisenberg on behalf of Nerium International LLC. (Filer confirms contact info in ECF is current.) (Eisenberg, Jared)
January 19, 2018 Opinion or Order Filing 12 RESPONSE filed by Nerium International LLC re: #11 MOTION to Dismiss For Failing to Join a Necessary Party and Failing to State a Claim (Eisenberg, Jared)
December 29, 2017 Opinion or Order Filing 11 MOTION to Dismiss For Failing to Join a Necessary Party and Failing to State a Claim filed by AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Perrone, Gregory)
November 29, 2017 Opinion or Order Filing 10 ELECTRONIC ORDER granting #9 Motion for Extension of Time to File Answer All Defendants. The defendants must answer by or on December 29, 2017. (Ordered by Judge Jane J. Boyle on 11/29/2017) (chmb)
November 28, 2017 Opinion or Order Filing 9 Unopposed Motion for Extension of Time to File Answer or Response filed by AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey (Attachments: #1 Proposed Order)Attorney Gregory Perrone added to party AloeVeritas Americas LLC(pty:dft), Attorney Gregory Perrone added to party HW & B Enterprises LLC(pty:dft), Attorney Gregory Perrone added to party Chris Hardy(pty:dft), Attorney Gregory Perrone added to party Joseph J Mackey(pty:dft) (Perrone, Gregory)
November 20, 2017 Opinion or Order Filing 8 CERTIFICATE OF SERVICE by Nerium International LLC Secretary of State Service on Defendant HW&B Enterprises LLC (Schwegmann, Christopher)
November 20, 2017 Opinion or Order Filing 7 CERTIFICATE OF SERVICE by Nerium International LLC Secretary of State Service on Defendant AloeVeritas (Schwegmann, Christopher)
November 2, 2017 Opinion or Order Filing 6 Summons Issued as to AloeVeritas Americas LLC, HW & B Enterprises LLC, Chris Hardy, Joseph J Mackey. (svc)
November 2, 2017 Opinion or Order Filing 5 Request for Clerk to issue Summons (4) filed by Nerium International LLC. (Schwegmann, Christopher)
October 31, 2017 Opinion or Order Filing 4 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (sss)
October 30, 2017 Opinion or Order Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (sss)
October 30, 2017 Opinion or Order Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nerium International, LLC. (Schwegmann, Christopher)
October 30, 2017 Opinion or Order Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Nerium International, LLC. (Filing Fee $400; Receipt Number 0539-8772318) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Schwegmann, Christopher) Modified to include receipt number on 10/31/2017 (sss).

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Defendant: CHRIS HARDY
Represented By: Austin Champion
Represented By: Gregory Perrone
Represented By: William Benjamin Jones
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Defendant: ALOEVERITAS AMERICAS, LLC
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Defendant: HW & B ENTERPRISES, LLC
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Defendant: JOSEPH J MACKEY
Represented By: Austin Champion
Represented By: Gregory Perrone
Represented By: William Benjamin Jones
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Defendant: AloeVeritas Americas LLC
Represented By: Austin Champion
Represented By: Gregory Perrone
Represented By: William Benjamin Jones
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Defendant: HW & B Enterprises LLC
Represented By: Austin Champion
Represented By: Gregory Perrone
Represented By: William Benjamin Jones
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Plaintiff: Nerium International, LLC
Represented By: Christopher J Schwegmann
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Plaintiff: Nerium International LLC
Represented By: Christopher J Schwegmann
Represented By: Jared D Eisenberg
Represented By: Kenneth Edwin Carroll
Represented By: Mark E Turk
Represented By: Monica Wiseman Latin
Represented By: Parker Lee Graham
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Plaintiff: Nerium Biotechnology Inc
Represented By: Christopher J Schwegmann
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