TOTALCARE HEALTHCARE SERVICES, LLC v. Total MD, LLC
| TOTALCARE HEALTHCARE SERVICES, LLC |
| Total MD, LLC doing business as TotalCare PRIMARY CARE |
| 4:2022cv00789 |
| September 6, 2022 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Property Rights: Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Defendant |
Docket Report
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This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.
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Filing 32
ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Motion Hearing held on 10/26/2022 re #16 Motion filed by TOTALCARE HEALTHCARE SERVICES, LLC. Attorney Appearances: Plaintiff - David Skeels, Decker Cammack, Richard Schwartz; Defense - Joseph Cleveland, Angelique McCall, Kyle Markwardt. (Court Reporter: Monica Guzman) (Plaintiff's Exhibits 1-10, 12-16, 21, 22, 24, 26, 27-36, 39, 44, 46, 47, 50-53, 55, 77, 82, 89-100 admitted. Defendant's Exhibits 1-17 admitted) Time in Court - 6:25. (chmb)
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Filing 31
Exhibit List for Hearing on Plaintiff's Application for Preliminary Injunctive Relief by Total MD, LLC. (Cleveland, Joseph)
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Filing 30
Appendix in Support filed by TOTALCARE HEALTHCARE SERVICES, LLC re #29 Reply in Support of Plaintiff's Motion for Preliminary Injunction (Cammack, Decker)
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Filing 29
REPLY filed by TOTALCARE HEALTHCARE SERVICES, LLC re: #7 MOTION for Injunction (Preliminary) (Cammack, Decker)
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Filing 28
NOTICE of Intent to Use Available Courtroom Technology filed by TOTALCARE HEALTHCARE SERVICES, LLC (Cammack, Decker)
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Filing 27
ELECTRONIC ORDER: With regard to the Preliminary Injunction Hearing set for 8:15 a.m. on October 26, 2022 (See ECF No. #17 ), the Court ORDERS that Parties shall have no more than two hours each to present their arguments. Council shall prepare accordingly. (Ordered by Judge Mark Pittman on 10/24/2022) (Judge Mark Pittman) Modified on 10/25/2022 (mmw).
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Filing 26
Appendix in Support filed by TOTALCARE HEALTHCARE SERVICES, LLC re #25 Reply Regarding Request for Hearing (Skeels, David)
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Filing 25
REPLY filed by TOTALCARE HEALTHCARE SERVICES, LLC re: #24 Response/Objection (Skeels, David)
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Filing 24
RESPONSE filed by Total MD, LLC re: #16 MOTION (Cleveland, Joseph)
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Filing 23
RESPONSE filed by Total MD, LLC re: #7 MOTION for Injunction (Preliminary) (Cleveland, Joseph)
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Filing 22
ORDER: Before the Court is Defendant Total MD, LLC d/b/a TotalCare Primary Care's Unopposed Motion to Enlarge Page Limitations ("Motion"). ECF No. #20 . Having considered the Motion, the Court finds that it should be and is hereby GRANTED IN PART. The Court therefore extends Defendants page limit on its brief to 30 pages. (Ordered by Judge Mark Pittman on 10/20/2022) (sre)
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Filing 21
Appendix in Support filed by Total MD, LLC re #20 MOTION to Enlarge Page Limitation Exhibit A - Response in Opposition (Attachments: #1 Exhibit(s) A - Declaration of Robert Sek, #2 Exhibit(s) B - Declaration of Susan Royall (Part 1), #3 Exhibit(s) B - Declaration of Susan Royall (Part 2)) (Cleveland, Joseph)
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Filing 20
MOTION to Enlarge Page Limitation filed by Total MD, LLC (Attachments: #1 Exhibit(s) A - Response in Opposition to Plaintiff's Motion for Preliminary Injunctive Relief, #2 Proposed Order) (Cleveland, Joseph)
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Filing 19
SETTLEMENT CONFERENCE REPORT filed by Total MD, LLC. (Cleveland, Joseph)
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Filing 18
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Total MD, LLC. (Clerk QC note: No affiliate entered in ECF). (McCall, Angelique)
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Filing 17
ORDER: Before the Court is Plaintiff's Notice of Request for Evidentiary Hearing on Its Application for Preliminary Injunctive Relief ("Request"). ECF No. #16 . Having reviewed the Request and considered the arguments of counsel, the Court is persuaded that an evidentiary hearing would be beneficial and that the Request should be GRANTED. The Court thus sets a Preliminary Injunction Hearing for 8:15 a.m. on October 26, 2022, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. Counsel for both parties are ORDERED to attend. (Ordered by Judge Mark Pittman on 10/17/2022) (sre)
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Filing 16
NOTICE of Request for Hearing re: #7 MOTION for Injunction (Preliminary) filed by TOTALCARE HEALTHCARE SERVICES, LLC (Attachments: #1 Proposed Order) (Skeels, David) Modified on 10/17/2022 (sre).
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Filing 15
SCHEDULING ORDER: On September 7, 2022, Plaintiff filed its Motion for Preliminary Injunction ("PI"). ECF No. #7 . The Court recognizes the importance of this case and desires to resolve the instant dispute in an expeditious manner. Accordingly, the Court issues this Scheduling Order to set the briefing schedule regarding Plaintiff's Motion for Preliminary Injunction. The Court ORDERS Defendant to file its Response Brief to Plaintiff's Motion for Preliminary Injunction on or before October 19, 2022. The Court further ORDERS that Plaintiff may file its Reply Brief to Defendants' Response, if any, on or before October 24, 2022. Plaintiff's Reply shall not contain any additional evidence. Should any of the Parties seek an evidentiary hearing on the Motion for a Preliminary Injunction, they shall file a notice with the Court on or before October 24, 2022. (Ordered by Judge Mark Pittman on 10/5/2022) (sre)
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Filing 14
ORDER: The Joint Report shall be filed on or before October 19, 2022. (Ordered by Judge Mark Pittman on 10/5/2022) (sre)
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Filing 13
ANSWER to #1 Complaint,,,, with Jury Demand filed by Total MD, LLC. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Cleveland, Joseph)
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Filing 12
ORDER : Before the Court is Defendant's Unopposed Motion for Extension of Time to File Answer ( 'Motion"). ECF No. #11 . Having considered the Motion, the Court finds that it should be and hereby is GRANTED. IT IS, THEREFORE, ORDERED that the deadline for Defendant to answer or otherwise respond to Plaintiff's original complaint is extended to and including October 4, 2022. (Ordered by Judge Mark Pittman on 9/29/2022) (sre)
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Filing 11
Unopposed Motion for Extension of Time to File Answer filed by Total MD, LLC Attorney Joseph F Cleveland, Jr added to party Total MD, LLC(pty:dft) (Cleveland, Joseph)
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Filing 10
CERTIFICATE of Conference re #7 MOTION for Injunction (Preliminary) and Brief in Support by David A Skeels on behalf of TOTALCARE HEALTHCARE SERVICES, LLC (Skeels, David)
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Filing 9
SUMMONS Returned Executed as to Total MD, LLC ; served on 9/8/2022. (Skeels, David)
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Filing 8
Appendix in Support filed by TOTALCARE HEALTHCARE SERVICES, LLC re #7 MOTION for Injunction (Preliminary) (Skeels, David)
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Filing 7
MOTION for Injunction (Preliminary) filed by TOTALCARE HEALTHCARE SERVICES, LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Skeels, David)
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Filing 6
Summons Issued as to Total MD, LLC. (sre)
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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. (Attachments: #1 Additional Page(s)) (sre)
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Filing 4
New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre)
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Filing 3
Request for Clerk to issue Summons filed by TOTALCARE HEALTHCARE SERVICES, LLC. (Skeels, David)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by TOTALCARE HEALTHCARE SERVICES, LLC. (Clerk QC note: Affiliate entry indicated). (Skeels, David)
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Filing 1
COMPLAINT against Total MD, LLC filed by TOTALCARE HEALTHCARE SERVICES, LLC. ( Receipt No. ATXNDC-13109763; $402.00) 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 and # Judge Specific 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) (Skeels, David) Modified on 9/6/2022 (sre).
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