Magee v. BSN Sports LLC et al
| Steven Magee |
| Hooplife Basketball Academy LLC, Michael McGhee, BSN Sports LLC, Nike Inc, HLBA Sports, Todd Denton, Mike McGhee, Taylor Rogers, Damon Francis and Monty Patel |
| 3:2021cv01726 |
| July 26, 2021 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Rebecca Rutherford |
| Property Rights: Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 10, 2023. A more recent docket listing may be available from PACER.
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Filing 72
Joint STATUS REPORT re: Settlement Conference filed by BSN Sports LLC, Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel, Taylor Rogers. (Henner, Lindsay)
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Filing 71
ELECTRONIC ORDER denying without prejudice #70 Motion to Withdraw as Attorney. The Motion fails to comply with NDTX L. Civ. R. 83.12, which requires, among other things, that a motion to withdraw must "provide the name and address of the succeeding attorney. If the succeeding attorney is not known, the motion must set forth the name, address, and telephone number of the client and either bear the client's signature approving withdrawal or state specifically why, after due diligence, the attorney was unable to obtain the client's signature." Because of Ms. Henner's "typographical error," the Court ceased attempts to communicate directly with Defendant Michael McGhee. Therefore, the Court directs Ms. Henner to demonstrate due diligence to obtain McGhee's approval--or at least acknowledgement--of her withdrawal. (Ordered by Magistrate Judge Rebecca Rutherford on 3/16/2022) (Magistrate Judge Rebecca Rutherford)
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Filing 70
Unopposed MOTION to Withdraw as Attorney For Michael McGhee Only filed by Michael McGhee. (Attachments: #1 Proposed Order) (Henner, Lindsay) Modified text on 3/16/2022 (mjr).
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Filing 69
ORDER granting #68 Unopposed Motion to Withdraw as Attorney. Added attorney Maria Garrett for Nike Inc. Attorney Marina Stefanova terminated. (Ordered by Magistrate Judge Rebecca Rutherford on 2/11/2022) (jmg)
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Filing 68
Unopposed MOTION to Withdraw as Attorney and Substitute Attorneys filed by Nike Inc (Attachments: #1 Proposed Order) (Moore, C)
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Filing 67
NOTICE of of Compliance Regarding Service of Rule26(a)(1) Disclosures filed by Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel, Taylor Rogers (Oates, Brian)
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Filing 66
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Hooplife Basketball Academy LLC identifying Corporate Parent/Other Affiliate HLBA Sports, Inc. for Hooplife Basketball Academy LLC. (Oates, Brian)
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Filing 65
NOTICE of SERVICE OF RULE 26(a)(1) INITIAL DISCLOSURES filed by Steven Magee (Magee, Steven)
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Filing 64
REPLY filed by Nike Inc re: #42 MOTION to Dismiss or in the Alternative for a More Definite Statement (Moore, C) Modified text and linkage per attorney on 1/19/2022 (jmg).
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Filing 63
***PLEASE DISREGARD; FILED IN ERROR.*** REPLY filed by Nike Inc re: #42 MOTION to Dismiss or in the Alternative for a More Definite Statement (Moore, C) Modified per attorney on 1/19/2022 (jmg).
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Filing 62
REPLY filed by BSN Sports LLC re: #39 MOTION to Dismiss or, In the Alternate MOTION for More Definite Statement (Hurst, Michael)
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Filing 61
REPLY filed by Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel, Taylor Rogers re: #41 Motion to Dismiss for Failure to State a Claim (Oates, Brian)
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Filing 60
ORDER granting #57 Application for Admission Pro Hac Vice of Gunnar G. Leinberg. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Magistrate Judge Rebecca Rutherford on 1/3/2022) (oyh)
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Filing 59
RESPONSE AND OBJECTION filed by Steven Magee re: #39 MOTION to Dismiss or, In the Alternate MOTION for More Definite Statement (Magee, Steven)
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Filing 58
RESPONSE AND OBJECTION filed by Steven Magee re: #42 MOTION to Dismiss or in the Alternative for a More Definite Statement (Magee, Steven)
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Filing 57
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12489776) filed by Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel, Taylor Rogers (Attachments: #1 Proposed Order)Attorney Gunnar G Leinberg added to party Todd Denton(pty:dft), Attorney Gunnar G Leinberg added to party Damon Francis(pty:dft), Attorney Gunnar G Leinberg added to party Hooplife Basketball Academy LLC(pty:dft), Attorney Gunnar G Leinberg added to party Monty Patel(pty:dft), Attorney Gunnar G Leinberg added to party Taylor Rogers(pty:dft) (Leinberg, Gunnar)
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Filing 56
NOTICE of Service of Rule 26(a)(1) Initial Disclosures filed by Nike Inc (Moore, C)
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Filing 55
Mail returned as undeliverable. #40 Order, received back from Michael McGhee as Not Deliverable as Addressed, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ygl)
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Filing 54
RESPONSE AND OBJECTION filed by Steven Magee re: #41 Motion to Dismiss for Failure to State a Claim (Magee, Steven)
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Filing 53
RESPONSE AND OBJECTION filed by Steven Magee re #41 Motion to Dismiss for Failure to State a Claim (Magee, Steven) Modified event text on 12/28/2021 (jmg).
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Filing 50
Mail returned as undeliverable. 38 Order, received back from Michael McGhee as Return to Sender-No Mail Receptacle-Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ykp)
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Filing 52
Mail returned as undeliverable. #36 Order on Motion for Extension of Time to File Answer, received back from Michael McGhee as Return to Sender-No Mail Receptacle-Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ykp)
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Filing 51
Mail returned as undeliverable. #35 Scheduling Order, received back from Michael McGhee as Return to Sender-No Mail Receptacle-Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ykp)
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Filing 49
ELECTRONIC ORDER granting #48 Application for Admission Pro Hac Vice of Lindsay Mitchell Henner. Before the Court is Lindsay Mitchell Henner's Application for Admission Pro Hac Vice (ECF No. 48). The application is GRANTED. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this Court. It is further ORDERED that, if the Applicant has not already done so, the Applicant must register as an ECF User within 14 days. See LR 5.1(f) and LR 49.2(g). (Ordered by Magistrate Judge Rebecca Rutherford on 12/16/2021) (chmb)
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Filing 48
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12456352) filed by Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Michael McGhee, Monty Patel, Taylor Rogers with Brief/Memorandum in Support. Attorney Lindsay Mitchell Henner added to party Todd Denton(pty:dft), Attorney Lindsay Mitchell Henner added to party Damon Francis(pty:dft), Attorney Lindsay Mitchell Henner added to party Hooplife Basketball Academy LLC(pty:dft), Attorney Lindsay Mitchell Henner added to party Michael McGhee(pty:dft), Attorney Lindsay Mitchell Henner added to party Monty Patel(pty:dft), Attorney Lindsay Mitchell Henner added to party Taylor Rogers(pty:dft) (Henner, Lindsay)
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Filing 47
NOTICE of Service of Rule 26(a)(1) Initial Disclosures filed by BSN Sports LLC (Hurst, Michael)
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Filing 46
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by BSN Sports LLC. (Hurst, Michael)
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Filing 45
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Nike Inc. (Moore, C)
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Filing 44
Appendix in Support filed by Nike Inc re #43 Brief/Memorandum in Support (Moore, C) Modified linkage and text on 12/14/2021 (mjr).
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Filing 43
Brief/Memorandum in Support filed by Nike Inc re #42 MOTION to Dismiss or in the Alternative for a More Definite Statement (Moore, C)
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Filing 42
MOTION to Dismiss or in the Alternative for a More Definite Statement filed by Nike Inc (Attachments: #1 Proposed Order) (Moore, C)
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Filing 41
Motion to Dismiss for Failure to State a Claim filed by Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel, Taylor Rogers with Brief/Memorandum in Support. (Oates, Brian)
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Filing 40
ORDER: Three orders mailed to Defendant Michael McGhee's address on file have been returned to the Court as undeliverable. The Court ORDERS McGhee to update his address on file with the Court. The Court further ORDERS Plaintiff to serve this order on Defendant McGhee by 12/16/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 12/13/2021) (mjr)
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Filing 39
MOTION to Dismiss or, In the Alternate, MOTION for More Definite Statement filed by BSN Sports LLC. (Attachments: #1 Proposed Order Proposed Order Granting Defendant BSN Sports, LLC's Motion to Dismiss or, In the Alternate, Motion for a More Definitive Statement) (Hurst, Michael)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:40. Mon Dec 13 14:43:33 CST 2021 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:38. Fri Dec 10 10:59:18 CST 2021 (crt)
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Filing 38
ELECTRONIC ORDER: In view of the parties' joint report and subsequent scheduling order, the Rule 16 Conference scheduled for December 16, 2021 is canceled. The court may set a new hearing, if appropriate, after the deadline for amending pleadings and after all defendants have answered or otherwise responded to the live complaint, or on the request of any party. (Ordered by Magistrate Judge Rebecca Rutherford on 12/9/2021) (chmb)
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Filing 37
Mail returned as undeliverable. 31 Order, received back from Michael McGhee as Not Deliverable as Addressed, Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (ygl)
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Filing 36
ORDER granting #22 Motion for Extension of Time to File Answer to #3 Complaint. Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel, Taylor Rogers answer due 12/13/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 12/7/2021) (jmg)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:36. Tue Dec 7 16:35:05 CST 2021 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:35. Tue Dec 7 08:52:11 CST 2021 (crt)
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Filing 35
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/31/2021. Joinder of Parties due by 12/31/2021. Discovery due by 6/1/2022. Status Report due by 5/31/2022. Motions due by 9/15/2022. (Ordered by Magistrate Judge Rebecca Rutherford on 12/6/2021) (mjr)
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Filing 34
Joint STATUS REPORT filed by BSN Sports LLC, Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Michael McGhee, Nike Inc, Monty Patel, Taylor Rogers. (Attachments: #1 Proposed Order Pretrial Scheduling Order) (Moore, C)
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Filing 33
Mail returned as undeliverable. 26 Order, 23 Order on Application for Admission Pro Hac Vice, 25 Order on Motion for Extension of Time, #29 Order on Motion to Withdraw as Attorney received back from Michael McGhee as Return to Sender - No Mail Receptable - Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (jmg)
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Filing 32
Mail returned as undeliverable. #19 Order for Scheduling Order Proposal, received back from Michael McGhee as No Mail Receptacle Unable to Forward. No address update from last filed document. The current document has not been re-mailed. (oyh)
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Filing 31
ELECTRONIC ORDER: Before the Court is Jared Greenfield's Application for Admission Pro Hac Vice (ECF No. 30). The application is granted. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this Court. It is further ORDERED that, if the Applicant has not already done so, the Applicant must register as an ECF User within 14 days. See LR 5.1(f) and LR 49.2(g). (Ordered by Magistrate Judge Rebecca Rutherford on 11/22/2021) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:31. Mon Nov 22 14:52:29 CST 2021 (crt)
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Filing 30
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12401330) filed by Nike Inc (Attachments: #1 Certificate of Good Standing- New York State)Attorney Jared Greenfield added to party Nike Inc(pty:dft) (Greenfield, Jared) Modified on 11/22/2021 (ygl).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:29. Fri Nov 19 13:22:48 CST 2021 (crt)
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Filing 29
ORDER granting #27 Motion to Withdraw as Attorney. Attorney David B Conrad terminated. (Ordered by Magistrate Judge Rebecca Rutherford on 11/18/2021) (ndt)
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Filing 28
NOTICE of Attorney Appearance by Kyle Aaron Gardner on behalf of BSN Sports LLC. (Filer will update contact info in ECF.) (Gardner, Kyle)
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Filing 27
Unopposed MOTION to Withdraw as Attorney David Conrad and Fish & Richardson P.C. filed by Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel, Taylor Rogers (Attachments: #1 Proposed Order) (Conrad, David)
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Filing 26
ELECTRONIC ORDER: The Court previously set a Rule 16 status conference for December 16, 2021, at 1:30 p.m., convening in Judge Rutherford's courtroom, unless any party requested that the conference be held remotely. (ECF No. 19). Given that a party has made such a request, the Court resets the conference for the same date and time to be held on a Zoom video call accessible through this link: https://txnd-uscourts.zoomgov.com/j/1617269657. (Ordered by Magistrate Judge Rebecca Rutherford on 11/15/2021) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:25,26. Mon Nov 15 11:40:43 CST 2021 (crt)
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Filing 25
ELECTRONIC ORDER: Before the Court is #22 Defendants Hooplife Basketball Academy, LLC, Todd Denton, Taylor Rogers, Monty Patel, and Damon Francis's (collectively, "Hooplife's") "Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint." The Motion is opposed. Mot. 3, 5 (ECF No. 22). Therefore, Plaintiff has 21 days to file his Response in opposition to Hooplife's Motion. N.D. Tex. L. Civ. R. 7.1(e). The Court ORDERS Plaintiff to respond no later than December 3, 2021. Hooplife may file a reply brief with 14 days after Plaintiff files his response. N.D. Tex. L. Civ. R. 7.1(f). The Court will consider Hooplife's request for an extension of time after the motion is fully briefed. (Ordered by Magistrate Judge Rebecca Rutherford on 11/12/2021) (chmb)
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Filing 24
NOTICE of Attorney Appearance by Michael W Moran on behalf of Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel, Taylor Rogers. (Filer confirms contact info in ECF is current.) (Moran, Michael)
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Filing 23
ELECTRONIC ORDER granting #20 Application for Admission Pro Hac Vice of Tamar Y. Duvdevani. The Clerk of Court shall deposit the admission fee to the account of the Non-Appropriated Fund of this Court. It is further ordered that, if the Applicant has not already done so, the Applicant must register as an ECF User within 14 days. See Local Rule 5.1(f). (Ordered by Magistrate Judge Rebecca Rutherford on 11/12/2021) (chmb)
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Filing 22
MOTION to Extend Time 30 days to Answer or Otherwise Respond to Plaintiffs Complaint filed by Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel, Taylor Rogers. (Attachments: #1 Proposed Order) (Oates, Brian) Modified text per attorney on 11/12/2021 (mjr).
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Filing 21
NOTICE of Attorney Appearance by Brian Harrison Oates on behalf of Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel, Taylor Rogers. (Filer confirms contact info in ECF is current.) (Oates, Brian)
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Filing 20
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12375845) filed by Nike Inc Attorney Tamer Y Duvdevani added to party Nike Inc(pty:dft) (Duvdevani, Tamer)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:19. Tue Nov 9 16:46:06 CST 2021 (crt)
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Filing 19
ORDER REQUIRING RULE 26(f) MEETING, SETTING RULE 16(b) SCHEDULING CONFERENCE, AND REQUIRING PROPOSED SCHEDULING REPORT: Joint Proposed Scheduling Order due by 12/2/2021. FRCP 16 Scheduling Conference set for 12/16/2021 01:30 PM before Magistrate Judge Rebecca Rutherford. (Ordered by Magistrate Judge Rebecca Rutherford on 11/8/2021) (ygl)
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Filing 18
ANSWER to #3 Complaint filed by Michael McGhee. 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. If additional patent or trademark numbers are included, the clerk will prepare the appropriate Report to the Patent/Trademark or Copyright Office. (mla)
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Filing 17
SUMMONS Returned Executed as to BSN Sports LLC; served on 9/22/2021. (Magee, Steven) Modified text on 10/27/2021 (ygl).
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Filing 16
NOTICE of Attorney Appearance by Patrick Brett Disbennett on behalf of BSN Sports LLC. (Filer confirms contact info in ECF is current.) (Disbennett, Patrick)
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Filing 15
ORDER granting #14 Motion for Extension of Time to File Answer. Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel and Taylor Rogers answers due 11/13/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 10/14/2021) (mjr)
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Filing 14
Unopposed Motion for Extension of Time to File Answer filed by Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Monty Patel, Taylor Rogers (Attachments: #1 Proposed Order)Attorney David B Conrad added to party Todd Denton(pty:dft), Attorney David B Conrad added to party Damon Francis(pty:dft), Attorney David B Conrad added to party Hooplife Basketball Academy LLC(pty:dft), Attorney David B Conrad added to party Monty Patel(pty:dft), Attorney David B Conrad added to party Taylor Rogers(pty:dft) (Conrad, David)
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Filing 13
ORDER granting #10 , #11 Motion for Extension of Time to File Answer Nike Inc answer due 12/13/2021; BSN Sports LLC answer due 12/13/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 10/12/2021) (mjr)
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Filing 12
NOTICE of Plaintiff's Non-Opposition re: #10 MOTION to Extend Time Deadline to Answer or Otherwise Respond to Plaintiff's Complaint filed by BSN Sports LLC (Hurst, Michael)
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Filing 11
Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Nike Inc (Attachments: #1 Proposed Order)Attorney C Michael Moore added to party Nike Inc(pty:dft) (Moore, C)
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Filing 10
Opposed MOTION to Extend Time Deadline to Answer or Otherwise Respond to Plaintiff's Complaint filed by BSN Sports LLC (Hurst, Michael)
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Filing 9
NOTICE of Attorney Appearance by Michael K Hurst on behalf of BSN Sports LLC. (Filer confirms contact info in ECF is current.) (Hurst, Michael)
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Filing 8
Summons Issued as to BSN Sports LLC, Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Michael McGhee, Nike Inc, Monty Patel, Taylor Rogers. (ykp)
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Filing 7
Request for Clerk to issue summons filed by Steven Magee. (Magee, Steven)
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Filing 6
ORDER: The District Court referred this pro se civil action to the United States magistrate judge for pretrial management under 28 U.S.C. 636(b). (ECF No. #1 ). Accordingly, because Plaintiff paid the statutory filing fee, he is responsiblefor properly serving Defendants. Plaintiff is advised that, if proper service is not made within 90 days after the Complaint was filed, this case is subject to dismissal without prejudice. (Ordered by Magistrate Judge Rebecca Rutherford on 8/2/2021) (mjr)
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Filing 5
Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ygl)
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Filing 4
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Steven Magee. (ygl)
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Filing 3
COMPLAINT WITH JURY DEMAND against BSN Sports LLC, Todd Denton, Damon Francis, Hooplife Basketball Academy LLC, Michael McGhee, Nike Inc, Monty Patel, Taylor Rogers filed by Steven Magee. (Filing fee $402; Receipt number DS132714) 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 Complaint, Part 2, #2 Complaint, Part 3, #3 Complaint, Part 4, #4 Complaint, Part 5) (ygl)
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Filing 2
Notice and Instruction to Pro Se Party. (ygl)
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Filing 1
New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ygl)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Mon Jul 26 16:21:21 CDT 2021 (crt)
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