OM Performance, Inc. v. Dynarex Corp.
| OM Performance, Inc. |
| Dynarex Corp., |
| 4:2018cv01775 |
| May 31, 2018 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Harris |
| Lynn N Hughes |
| Trademark |
| 15 U.S.C. § 44 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 26, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 41 Final DISMISSAL. The claims of OM Performance against Dynarex are dismissed with prejudice #40 . Dynarex's counterclaims against OM Performance are dismissed with prejudice. All settings and pending motions are terminated. The preliminary and temporary injunctions are lifted and removed. Case terminated on 12/26/2018. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) |
| Filing 40 Joint MOTION to Dismiss with Prejudice by Dynarex Corp.,, filed. Motion Docket Date 1/11/2019. (Attachments: #1 Proposed Order)(Meleen, Stephen) |
| Filing 39 RESPONSE TO OM PERFORMANCE, INC.S MOTION FOR DISMISSAL OF DYNAREXS CLAIMS OF DEFAMATION, filed by Dynarex Corp.,. (Attachments: #1 Proposed Order)(Meleen, Stephen) |
Filing 38
ORDER on Extension. By 12/15/2018, Dynarex may answer the motion to dismiss its defamation claims #37 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
|
| Filing 37 Agreed MOTION for Extension of Time Response to Plaintiff's motion for dismissal of Dynarex's claims of defamation by Dynarex Corp.,, filed. Motion Docket Date 11/20/2018. (Attachments: #1 Proposed Order)(Meleen, Stephen) |
|
Filing 36
ORDER granting #35 Agreed MOTION Mutual Request to Postpone or Reschedule Hearing. The hearing on reconsideration of the injunction will be held before Judge Lynn N. Hughes on January 2, 2019 at 8:00 a.m. in Courtroom 11-c, Eleventh Floor, United States Courthouse 515 Rusk Avenue Houston, TX 77002..(Signed by Judge Lynn N Hughes) Parties notified.(gkelner, 4)
|
| Filing 35 Agreed MOTION Mutual Request to Postpone or Reschedule Hearing by OM Performance, Inc., filed. Motion Docket Date 11/16/2018. (Tripp, Karen) |
| ***Set Hearing: Hearing on reconsideration set for 1/2/2019 at 08:00 AM in Courtroom 11C before Judge Lynn N Hughes (gkelner, 4) |
|
Filing 34
ORDER Setting Hearing. Hearing on reconsideration set for 10/30/2018 at 03:30 PM in Courtroom 11C before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
|
| Filing 33 REPLY in Support of #31 MOTION Request for Reconsideration of Preliminary Injunction Order and of Management Order, filed by OM Performance, Inc.. (Tripp, Karen) |
| Filing 32 RESPONSE in Opposition to #31 MOTION Request for Reconsideration of Preliminary Injunction Order and of Management Order, filed by Dynarex Corp.,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Meleen, Stephen) |
| Filing 31 MOTION Request for Reconsideration of Preliminary Injunction Order and of Management Order by OM Performance, Inc., filed. Motion Docket Date 10/22/2018. (Attachments: #1 Proposed Order Proposed Preliminary Injunction Pursuant to Management Order, #2 Proposed Order Proposed Protective Order)(Tripp, Karen) |
| Filing 30 ANSWER to #27 Answer to Complaint, Counterclaim by OM Performance, Inc., filed.(Tripp, Karen) |
| Filing 29 PRELIMINARY INJUNCTION. (Signed by Judge Lynn N Hughes) Parties notified.(sanderson, 4) |
| Filing 28 First PROPOSED ORDER for Preliminary Injunction, filed. (Attachments: #1 Exhibit Dynarex's Historical Advertising Materials, #2 Exhibit Dynarex's Current Advertising Materials)(Rogovsky, Shoshana) |
| Filing 27 ANSWER to #1 Complaint,,, COUNTERCLAIM against OM Performance, Inc. by Dynarex Corp.,, filed.(Meleen, Stephen) |
| Filing 26 Notice of Filing of Official Transcript as to #25 Transcript. Party notified, filed. (hcarr, 4) |
| Filing 25 TRANSCRIPT re: Conference held on September 4, 2018, before Judge Lynn N Hughes. Court Reporter/Transcriber Dye. Ordering Party Joel Weiss Release of Transcript Restriction set for 12/17/2018., filed. (gdye, ) |
| Filing 24 AO 435 TRANSCRIPT REQUEST by C.F.Schaefer for Transcript of Pre-Trial Hearing on 2018 Sept. 04 before Judge Lynn N. Hughes. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Gayle Dye, filed. (Schaefer, Christopher) |
|
Filing 23
Management ORDER. Dynarex will send a proposed injuction to OM Performance and this court. Dynarex will produce its past and present advertisements and sales records for its challenged bandage to OM Performance. OM Performance will produce its monthly sales for the three years preceding 7/1/2018 to Dynarex. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
|
| Filing 21 AO 435 TRANSCRIPT REQUEST by Joel Weiss for Transcript of Pre Trial, 9/4/2018, Judge L. Hughes. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Gayle Dye, filed. (mmapps, 4) |
| Filing 22 Minute Entry for INITIAL CONFERENCE held before Judge Lynn N Hughes on 9/4/2018. Argument heard on all pending motions. Order to be entered. Internal Review set for 10/1/2018. Appearances: Karen Tripp, Christopher Schaefer, Joel Weiss, Stephen Meleen. (Court Reporter: G. Dye) (ghassan, 4) |
| Filing 20 SUPPLEMENT to #6 MOTION to Dismiss or in the Alternative to Transfer Case by Dynarex Corp.,, filed. (Attachments: #1 Exhibit 1 - Supplemental Ex. D, #2 Exhibit 2 - Declaration of Eugene Vorshheimer)(Smith, Tyson) |
| Filing 19 REPLY in Support of #6 MOTION to Dismiss or in the Alternative to Transfer Case, filed by Dynarex Corp.,. (Smith, Tyson) |
| Filing 18 NOTICE of Substitution of Attorney-In-Charge by Dynarex Corp.,, filed. (Meleen, Stephen) |
| Filing 17 CERTIFICATE OF SERVICE by OM Performance, Inc., filed.(Tripp, Karen) |
|
Filing 16
Order Resetting Conference terminating #14 . Initial Conference reset for 9/4/2018 at 02:30 PM in Room 11122 before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)
|
| Filing 15 RESPONSE in Opposition to #14 MOTION to Reset Initial Pretrial Conference, filed by OM Performance, Inc.. (Attachments: #1 Exhibit A Screenshot of Amazon webpage, #2 Exhibit B Letter to Process Server)(Tripp, Karen) |
| Filing 14 MOTION to Reset Initial Pretrial Conference by Dynarex Corp.,, filed. Motion Docket Date 9/10/2018. (Attachments: #1 Exhibit A - Declaration of Joel Weiss, #2 Proposed Order)(Meleen, Stephen) |
| Filing 13 RESPONSE in Opposition to #6 MOTION to Dismiss or in the Alternative to Transfer Case, filed by OM Performance, Inc.. (Attachments: #1 Exhibit Cover Sheet with certification, #2 Exhibit A--Dynarex webpage company info, #3 Exhibit B--Dynarex Facebook page, #4 Exhibit C--Walmart & Amazon web sale pages, #5 Exhibit D--Dynarex product search webpage, #6 Exhibit E--Dynarex product webpage, #7 Exhibit F--Dynarex sales rep webpage, #8 Exhibit G--Dynarex Raley LinkIn page, #9 Exhibit H--Dynarex Hurrell LinkIn page, #10 Affidavit D'Andra Williams, VP of Dynarex, #11 Affidavit Michael Simpson, MD, #12 Proposed Order for Denying Motion, #13 Supplement Certificate of Service)(Tripp, Karen) |
|
Filing 12
ORDER granting #9 Motion for Shoshana Rogovsky to Appear Pro Hac Vice for Dynarex Corp. (Signed by Judge Lynn N Hughes) Parties notified.(sanderson, 4)
|
|
Filing 11
ORDER granting #8 Motion for Joel Weiss to Appear Pro Hac Vice for Dynarex Corp. (Signed by Judge Lynn N Hughes) Parties notified.(sanderson, 4)
|
|
Filing 10
ORDER granting #7 Motion for Abigail Anne Rubinstein to Appear Pro Hac Vice for Dynarex Corp. (Signed by Judge Lynn N Hughes) Parties notified.(sanderson, 4)
|
| Filing 9 MOTION for Shoshana Rogovsky to Appear Pro Hac Vice by Dynarex Corp.,, filed. Motion Docket Date 8/15/2018. (Meleen, Stephen) |
| Filing 8 MOTION for Joel Weiss to Appear Pro Hac Vice by Dynarex Corp.,, filed. Motion Docket Date 8/15/2018. (Meleen, Stephen) |
| Filing 7 MOTION for Abigail Anne Rubinstein to Appear Pro Hac Vice by Dynarex Corp.,, filed. Motion Docket Date 8/15/2018. (Meleen, Stephen) |
| Filing 6 MOTION to Dismiss or in the Alternative to Transfer Case by Dynarex Corp.,, filed. Motion Docket Date 8/14/2018. (Attachments: #1 Affidavit of Eugene Vorchheimer, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(Meleen, Stephen) |
| Filing 5 RETURN of Service of SUMMONS Executed as to Dynarex Corp., served on 7/3/2018, answer due 7/24/2018, filed.(Tripp, Karen) |
| Summons Issued as to Dynarex Corp.,. Issued summons delivered to plaintiff by First-class mail, filed.(thanniable, 4) |
| Summons Issued as to Dynarex Corp.,. Issued summons delivered to plaintiff by First-class mail, filed.(sanderson, 4) |
| Filing 4 Request for Issuance of Summons as to Dynarex Corp.,, filed.(Tripp, Karen) |
|
Filing 3
ORDER FOR CONFERENCE. Initial Conference set for 9/10/2018 at 11:00 AM in Room 11122 before Judge Lynn N Hughes(Signed by Judge Lynn N Hughes) Parties notified.(DesireeSillas, 4)
|
| Filing 2 Commissioner of Patents and Trademarks, AO-120, Notified, filed. (DesireeSillas, 4) |
| Filing 1 COMPLAINT against Dynarex Corp. (Filing fee $ 400 receipt number 0541-20172661) filed by OM Performance, Inc.. (Attachments: #1 Affidavit Verification by D'Andra Williams, #2 Exhibit Exhibit List & Verification, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K)(Tripp, Karen) Modified on 6/1/2018 (DesireeSillas, 4). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
