Haas Outdoors, Inc. v. Dryshod International, LLC et al
| Haas Outdoors, Inc. |
| Dryshod International, LLC and James K. Donohue |
| 1:2018cv00978 |
| November 14, 2018 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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| Filing 110 RESPONSE in Support, filed by James K. Donohue, Dryshod International, LLC, re #108 MOTION to Consolidate Cases filed by Defendant Dryshod International, LLC, Defendant James K. Donohue (Ghavimi, Darlene) |
| Filing 109 Response in Opposition to Motion, filed by Haas Outdoors, Inc., re #108 MOTION to Consolidate Cases filed by Defendant Dryshod International, LLC, Defendant James K. Donohue (Attachments: #1 Exhibit 1 - Declaration of Andrew S. Harris, #2 Exhibit 2 - Nov. 19, 2018 Email to D. Ghavimi)(Harris, Andrew) |
| Filing 108 MOTION to Consolidate Cases by James K. Donohue, Dryshod International, LLC. (Attachments: #1 Proposed Order)(Ghavimi, Darlene) |
Filing 107
ORDER GRANTING #101 Motion by Andrew Scott Harris to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (td)
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Filing 106
ORDER GRANTING #102 Motion by Walter Whitaker Rayner to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (td)
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Filing 105
ORDER GRANTING #103 Motion by Robert J. Barefield, Jr. to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (td)
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| Filing 104 NOTICE of Attorney Appearance by Krystal Pfluger Scott on behalf of Haas Outdoors, Inc. . Attorney Krystal Pfluger Scott added to party Haas Outdoors, Inc. (pty:pla) (Scott, Krystal) |
| Filing 103 MOTION to Appear Pro Hac Vice by Krystal Pfluger Scott for Robert J. Barefield, Jr. ( Filing fee $ 100 receipt number 0542-11477906) by on behalf of Haas Outdoors, Inc.. (Attachments: #1 Proposed Order)(Scott, Krystal) |
| Filing 102 MOTION to Appear Pro Hac Vice by Krystal Pfluger Scott for Walter Whitaker Rayner ( Filing fee $ 100 receipt number 0542-11477783) by on behalf of Haas Outdoors, Inc.. (Attachments: #1 Proposed Order)(Scott, Krystal) |
| Filing 101 MOTION to Appear Pro Hac Vice by Krystal Pfluger Scott for Andrew Scott Harris ( Filing fee $ 100 receipt number 0542-11477707) by on behalf of Haas Outdoors, Inc.. (Attachments: #1 Proposed Order)(Scott, Krystal) |
| Filing 100 Pro Hac Vice Letters mailed out for Robert J. Barefield, Andrew Scott Harris, John Samuel Hill, and W. Whitaker Rayner re: non-admitted status. (cj) |
| Filing 99 Report on Trademark sent to U.S. Patent and Trademark Office, along with a copy of the Complaint. (cj) |
| Filing 98 Case electronically transferred in from Northern District of Mississippi; Case Number 1:18-cv-00024. |
| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| DEMAND for Trial by Jury by Haas Outdoors, Inc.. (cj) |
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Filing 97
ORDER denying #10 Motion to Dismiss for Lack of Jurisdiction; denying #12 Motion to Dismiss; granting #16 Motion to Change Venue; transferring case to USDC, Western District of Texas. Signed by Senior Judge Glen H. Davidson on 11/13/18. (jla) [Transferred from Mississippi Northern on 11/14/2018.]
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| Filing 96 MEMORANDUM OPINION. Signed by Senior Judge Glen H. Davidson on 11/13/18. (jla) [Transferred from Mississippi Northern on 11/14/2018.] |
| Case Transferred to District of Western District of Texas. Case transferred via ECF. CASE CLOSED. (jla) [Transferred from Mississippi Northern on 11/14/2018.] |
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Filing 95
AGREED ORDER Substituting Document. Signed by Senior Judge Glen H. Davidson on 10/18/18. (jla) [Transferred from Mississippi Northern on 11/14/2018.]
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Filing 94
ORDER denying #85 Motion for Leave to File. Signed by Senior Judge Glen H. Davidson on 10/18/2018. (mga) [Transferred from Mississippi Northern on 11/14/2018.]
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| Filing 93 RESPONSE in Support re #85 MOTION for Leave to File Sur-Reply to Defendants' Supplemental and Combined Reply Brief #81 filed by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 91 MEMORANDUM IN OPPOSITION to Plaintiff's Motion for a Sur-Reply re #81 RESPONSE in Support re #10 MOTION to Dismiss for Lack of Jurisdiction. (Hill, John) Modified on 10/9/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 92 Sealed Document: Un-redacted version of Defendants' Supplemental and Combined Memorandum of Law in Support of Defendants Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, and Defendants Motion to Transfer Venue and Exhibit B to Defendants Supplemental Brief by John Samuel Hill on behalf of James K. Donohue, Dryshod International, LLC. (jtm) [Transferred from Mississippi Northern on 11/14/2018.] |
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Filing 90
ORDER Regarding Privileged Documents and Inadvertent Disclosure. Signed by Magistrate Judge David A. Sanders on 10/4/18. (jcm) [Transferred from Mississippi Northern on 11/14/2018.]
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| Filing 89 Minute Entry for proceedings held before Magistrate Judge David A. Sanders: Status Conference held on 10/4/2018. Order to follow. (jcm) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 88 NOTICE OF CONVENTIONAL FILING of Un-redacted version of Defendants' Supplemental and Combined Memorandum of Law in Support of Defendants Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, and Defendants Motion to Transfer Venue and Exhibit B to Defendants Supplemental Brief by John Samuel Hill on behalf of James K. Donohue, Dryshod International, LLC. (Hill, John) Modified on 10/5/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
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Filing 87
ORDER granting #82 Motion for Leave to File Under Seal. Signed by Senior Judge Glen H. Davidson on 10/3/18. (jtm) [Transferred from Mississippi Northern on 11/14/2018.]
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| Filing 86 MEMORANDUM IN SUPPORT re #85 MOTION for Leave to File Sur-Reply to Defendants' Supplemental and Combined Reply Brief #81 filed by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 85 MOTION for Leave to File Sur-Reply to Defendants' Supplemental and Combined Reply Brief #81 by Haas Outdoors, Inc.. (Attachments: #1 Exhibit A - Proposed Sur-Reply to Defendants' Supplemental and Combined Reply Brief) (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 84 NOTICE of Conference: Telephonic Status Conference set for 10/4/2018 at 2:30 PM before Magistrate Judge David A. Sanders. (jf) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 83 MEMORANDUM IN SUPPORT re #82 MOTION for Leave to File Under Seal . (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 82 MOTION for Leave to File Under Seal by James K. Donohue, Dryshod International, LLC. (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 81 RESPONSE in Support re #10 MOTION to Dismiss for Lack of Jurisdiction , #12 MOTION to Dismiss for Improper Venue, #16 MOTION to Change Venue Supplemental and Combined Response in Support filed by James K. Donohue, Dryshod International, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B Filed Under Seal, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Ghavimi, Darlene) [Transferred from Mississippi Northern on 11/14/2018.] |
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Filing 80
ORDER granting #77 Motion for Extension of Time to File Response/Reply re #16 MOTION to Change Venue , #10 MOTION to Dismiss for Lack of Jurisdiction , #12 MOTION to Dismiss for Improper Venue. Replies due by 9/27/2018. Signed by Senior Judge Glen H. Davidson on 09/13/2018. (mga) [Transferred from Mississippi Northern on 11/14/2018.]
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| Filing 79 Sealed Document (pursuant to Order #75 ): Exhibits re #73 Response in Opposition to Defendants' Motion to Dismiss for Lack of Personal Jurisdiction #10 and Improper Venue #12 , and Defendants' Motion to Transfer Venue #16 . (Main Document: Exhibit 1 - Dryshod Agreement. Attachments: #1 Exhibit 2 - Defendants License Application, #2 Exhibit 4 - Transcript of the Deposition of Dryshod and Donohue, #3 Exhibit 9 - July 6, 2017 Draft License Agreement, #4 Exhibit 10 - Draft Agreement, #5 Exhibit 12 - August 30, 2017 Email, #6 Exhibit 13 - Team J and CFD Letters, #7 Exhibit 14 - September 2, 2017 Email, #8 Exhibit 16 - Dryshod Sales, #9 Exhibit 17 - March 8-12, 2018 Emails, #10 Exhibit 18 - Team J Payments, #11 Exhibit 19 - Team J Agreement, #12 Exhibit 20 - Draft Agreement, #13 Exhibit 21 - Chart, #14 Exhibit 22 - February 9, 2018 Email, #15 Exhibit 23 - February 26, 2018 Email, #16 Exhibit 24 - April 9, 2018 Email, #17 Exhibit 25 - November 15, 2017 Email, #18 Exhibit 27 - June 18, 2018 Email, #19 Exhibit 28 - September 21, 2017 Email, #20 Exhibit 30 - March 12-15, 2018 Emails, #21 Exhibit 31 - January 30, 2018 Email, #22 Exhibit 32 - May 5, 2018 Email, #23 Exhibit 33 - March 30 and April 19, 2018 Emails, #24 Exhibit 34 - November 20, 2017 Email, #25 Exhibit 35 - March 8, 2018 Email, #26 Exhibit 36 - October 13, 2017 Email, #27 Exhibit 38 - February 19, 2018 Email, #28 Exhibit 39 - October 20, 2017 Email, #29 Exhibit 40 - December 12, 2017 Email, #30 Exhibit 42 - January 2, 2018 Email, #31 Exhibit 44 - November 2, 2017 Email, #32 Exhibit 45 - October 4, 2017 Email, #33 Exhibit 46 - Sales by Customer Document, #34 Exhibit 47 - January 3-8, 2018 Emails, #35 Exhibit 48 - January 5, 2018 Email, #36 Exhibit 49 - January 24, 2018 Email, #37 Exhibit 50 - October 10, 2017 Email) (jtm) (Attachment 22 replaced on 10/23/2018) (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 78 Sealed Document (pursuant to Order #75 ): Plaintiff Haas Outdoors, Inc.'s Supplemental and Combined Brief Opposing Defendants' Motion to Dismiss for Lack of Personal Jurisdiction #10 and Improper Venue #12 , and Defendants' Motion to Transfer Venue #16 . (jtm) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 77 MOTION for Extension of Time to File Response/Reply to Plaintiff's Supplemental and Combined Response to Pending Motions to Dismiss and Transfer re #10 MOTION to Dismiss for Lack of Jurisdiction; #12 MOTION to Dismiss for Improper Venue; #16 MOTION to Change Venue by James K. Donohue, Dryshod International, LLC. (Hill, John) Modified on 9/13/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 76 NOTICE OF CONVENTIONAL FILING of documents under seal by Andrew Scott Harris on behalf of Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
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Filing 75
ORDER granting #71 Motion for Leave to File exhibits under Seal. Signed by Senior Judge Glen H. Davidson on 9/11/18. (jla) [Transferred from Mississippi Northern on 11/14/2018.]
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| Filing 74 MEMORANDUM IN SUPPORT re #73 Response in Opposition to Motion,,,,,,,,,,,,,, to Dismiss for Lack of Personal Jurisdiction #10 , Motion to Dismiss for Improper Venue #12 , and Motion to Transfer Venue #16 (REDACTED COPY OF BRIEF) filed by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 73 RESPONSE in Opposition re #12 MOTION to Dismiss for Improper Venue, #10 MOTION to Dismiss for Lack of Jurisdiction , #16 MOTION to Change Venue (Supplemental and Combined Response in Opposition) filed by Haas Outdoors, Inc.. (Attachments: #1 Exhibit 1 - Dryshod Agreement (to be filed under seal), #2 Exhibit 2 - Defendants License Application (to be filed under seal), #3 Exhibit 3 - Apr. 17, 2017 Email re License Application, #4 Exhibit 4 - Transcript of the Deposition of Dryshod and Donohue (to be filed under seal), #5 Exhibit 5 - Dec. 19, 2017 Email re Haas License Negotiation, #6 Exhibit 6 - June 28, 2017 Email re Licensing Inquiry, #7 Exhibit 7 - June 28, 2017 Email re Contact Information, #8 Exhibit 8 - July 3, 2017 Emails re Licensing Inquiry, #9 Exhibit 9 - July 6, 2017 Draft License Agreement (to be filed under seal), #10 Exhibit 10 - Draft Agreement (to be filed under seal), #11 Exhibit 12 - Aug. 30, 2017 Email (to be filed under seal), #12 Exhibit 13 - Team J & CFD Letters (to be filed under seal), #13 Exhibit 14 - Sept. 2, 2017 Email (to be filed under seal), #14 Exhibit 15 - 2017 Dryshod Catalog, #15 Exhibit 16 - Dryshod Sales (to be filed under seal), #16 Exhibit 17 - Mar. 8-12, 2018 Emails (to be filed under seal), #17 Exhibit 18 - Team J Payments (to be filed under seal), #18 Exhibit 19 - Team J Agreement (to be filed under seal), #19 Exhibit 20 - Draft Agreement (to be filed under seal), #20 Exhibit 21 - Chart (to be filed under seal), #21 Exhibit 22 - Feb. 9, 2018 Email (to be filed under seal), #22 Exhibit 23 - Feb. 26, 2018 Email (to be filed under seal), #23 Exhibit 24 - Apr. 9, 2018 Email (to be filed under seal), #24 Exhibit 25 - Nov. 15, 2017 Email (to be filed under seal), #25 Exhibit 26 - Aug. 2, 2017 Email re License Agreement, #26 Exhibit 27 - June 18, 2018 Email (to be filed under seal), #27 Exhibit 28 - Sept. 21, 2017 Email (to be filed under seal), #28 Exhibit 29 - Dryshod Press Release, #29 Exhibit 30 - Mar. 12-15, 2018 Emails (to be filed under seal), #30 Exhibit 31 - Jan. 30, 2018 Email (to be filed under seal), #31 Exhibit 32 - May 5, 2018 Email (to be filed under seal), #32 Exhibit 33 - Mar. 30 & Apr. 19, 2018 Emails (to be filed under seal), #33 Exhibit 34 - Nov. 20, 2017 Email (to be filed under seal), #34 Exhibit 35 - Mar. 8, 2018 Email (to be filed under seal), #35 Exhibit 36 - Oct. 13, 2017 Email (to be filed under seal), #36 Exhibit 37 - Feb. 12, 2018 Email, #37 Exhibit 38 - Feb. 19, 2018 Email (to be filed under seal), #38 Exhibit 39 - Oct. 20, 2017 Email (to be filed under seal), #39 Exhibit 40 - Dec. 12, 2017 Email (to be filed under seal), #40 Exhibit 41 - Dec. 28, 2017 Email re Trade Show, #41 Exhibit 42 - Jan. 2, 2018 Email (to be filed under seal), #42 Exhibit 43 - Dec. 2015 Domain Name Receipt, #43 Exhibit 44 - Nov. 2, 2017 Email (to be filed under seal), #44 Exhibit 45 - Oct. 4, 2017 Email (to be filed under seal), #45 Exhibit 46 - Sales by Customer Document (to be filed under seal), #46 Exhibit 47 - Jan. 3-8, 2018 Emails (to be filed under seal), #47 Exhibit 48 - Jan. 5, 2018 Email (to be filed under seal), #48 Exhibit 49 - Jan. 24, 2018 Email (to be filed under seal), #49 Exhibit 50 - Oct. 10, 2017 Email (to be filed under seal), #50 Exhibit 51 - Federal Court Judicial Caseload Profile) (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 72 BRIEF re #71 MOTION for Leave to File Under Seal . (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 71 MOTION for Leave to File Under Seal by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
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Filing 70
ORDER granting #69 Motion for Extension of Time to File Response/Reply re #16 MOTION to Change Venue , #10 MOTION to Dismiss for Lack of Jurisdiction , #12 MOTION to Dismiss for Improper Venue. Responses due by 9/6/2018. Signed by Senior Judge Glen H. Davidson on 08/30/2018. (mga) [Transferred from Mississippi Northern on 11/14/2018.]
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| Filing 69 MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Improper Venue, #16 MOTION to Change Venue , #10 MOTION to Dismiss for Lack of Jurisdiction (UNOPPOSED) by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
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Filing 68
ORDER Setting Supplementation Deadlines. Signed by Magistrate Judge David A. Sanders on 8/16/18. (jcm) [Transferred from Mississippi Northern on 11/14/2018.]
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Filing 67
ORDER regarding jurisdictional discovery. Signed by Senior Judge Glen H. Davidson on 08/16/2018. (mga) [Transferred from Mississippi Northern on 11/14/2018.]
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Filing 66
MEMORANDUM OPINION re #65 Order on Motion for Leave to File, Order on Motion to Strike. Signed by Senior Judge Glen H. Davidson on 08/16/2018. (mga) [Transferred from Mississippi Northern on 11/14/2018.]
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Filing 65
ORDER denying #21 Motion to Strike and #43 MOTION for Leave to File Combined Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue Signed by Senior Judge Glen H. Davidson on 08/16/2018. (mga) Modified on 8/20/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.]
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| Filing 64 NOTICE OF SERVICE of Defendant James K. Donohue's First Amended Objections and Responses to Plaintiff's First Set of Jurisdictional Requests for Production by John Samuel Hill on behalf of James K. Donohue, Dryshod International, LLC to Plaintiff. (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 63 Minute Entry for proceedings held before Magistrate Judge David A. Sanders: Status Conference held on 8/3/2018. (jcm) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 62 NOTICE OF SERVICE of Dryshod Privilege Log and Defendant's First Amended Objections and Responses to Plaintiff's First Set of Jurisdictional Requests for Production by John Samuel Hill on behalf of James K. Donohue, Dryshod International, LLC to Plaintiff. (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 61 NOTICE of Attorney Appearance by Robert J. Barefield, Jr on behalf of Haas Outdoors, Inc. (Barefield, Robert) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 60 NOTICE of Conference: Telephonic Status Conference set for 8/3/2018 at 1:00 PM before Magistrate Judge David A. Sanders. (jcm) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 59 NOTICE to Take Deposition of Dryshod International, LLC by Andrew Scott Harris on behalf of Haas Outdoors, Inc. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 58 NOTICE OF SERVICE of Defendants' Corrected Responses to Plaintiff's Jurisdictional Requests for Admissions by Darlene F. Ghavimi on behalf of James K. Donohue, Dryshod International, LLC to Haas Outdoors, Inc.. (Ghavimi, Darlene) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 57 NOTICE OF SERVICE of Responses to Jurisdictional Discovery Requests by Darlene F. Ghavimi on behalf of James K. Donohue, Dryshod International, LLC to Haas Outdoors, Inc.. (Ghavimi, Darlene) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 56 NOTICE to Take Deposition of James K. Donohue by Andrew Scott Harris on behalf of Haas Outdoors, Inc. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 55 PROOF OF SERVICE OF SUBPOENA served on Co-Operative Feed Dealers, Inc. d/b/a Dryshod East c/o Jerry Srednicki on 07/06/2018 by Andrew Scott Harris on behalf of Haas Outdoors, Inc.. (Harris, Andrew) Modified on 7/18/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
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Filing 54
ORDER granting #53 Motion for Protective Order. Signed by Magistrate Judge David A. Sanders on 7/12/18. (jcm) [Transferred from Mississippi Northern on 11/14/2018.]
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| Filing 53 Joint MOTION for Protective Order by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 52 NOTICE OF SERVICE of Subpoenas by Andrew Scott Harris on behalf of Haas Outdoors, Inc.. (Attachments: #1 Exhibit Subpoena to Dryshod East, #2 Exhibit Subpoena to Dryshod West) (Harris, Andrew) Modified on 7/5/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 51 NOTICE OF SERVICE of First Set of Jurisdictional Interrogatories, First Set of Jurisdictional Requests for Production of Documents, and First Set of Jurisdictional Requests for Admissions by Andrew Scott Harris on behalf of Haas Outdoors, Inc. to Defendants Dryshod International, LLC and James K. Donohue. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
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Filing 50
ORDER Staying Discovery EXCEPT for jurisdictional discovery. Signed by Magistrate Judge David A. Sanders on 7/2/18. (jcm) [Transferred from Mississippi Northern on 11/14/2018.]
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Filing 49
MEMORANDUM OPINION re #48 Order on Motion for Discovery. Signed by Senior Judge Glen H. Davidson on 06/29/2018. (mga) [Transferred from Mississippi Northern on 11/14/2018.]
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Filing 48
ORDER granting #23 Motion for Discovery. Signed by Senior Judge Glen H. Davidson on 06/29/2018. (mga) [Transferred from Mississippi Northern on 11/14/2018.]
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| Filing 47 RESPONSE in Opposition re #43 MOTION for Leave to File Combined Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue filed by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 46 REPLY to Response to Motion re #21 MOTION to Strike #12 MOTION to Dismiss for Improper Venue, #16 MOTION to Change Venue , #10 MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 45 REPLY to Response to Motion re #23 MOTION for Discovery MOTION Jurisdictional and Venue Discovery, to Deny Without Prejudice the Motion to Dismiss for Lack of Personal Jurisdiction and Venue Motions, or, In the Alternative, to Stay Plaintiff's Deadline to Respond re #10 MOTION to Dismiss for Lac filed by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 44 MEMORANDUM IN SUPPORT re #43 MOTION for Leave to File Combined Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue filed by James K. Donohue, Dryshod International, LLC. (Ghavimi, Darlene) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 43 MOTION for Leave to File Combined Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue by James K. Donohue, Dryshod International, LLC. (Attachments: #1 Exhibit A) (Ghavimi, Darlene) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 42 BRIEF re #41 Response in Opposition to Motion,re #21 MOTION to Strike . (Hill, John) Modified on 7/19/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 41 RESPONSE in Opposition re #21 MOTION to Strike #12 MOTION to Dismiss for Improper Venue, #16 MOTION to Change Venue , #10 MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by James K. Donohue, Dryshod International, LLC. (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 40 BRIEF re #39 Response in Opposition to Motion, re #23 MOTION for Discovery , MOTION Jurisdictional and Venue Discovery, to Deny Without Prejudice the Motion to Dismiss for Lack of Personal Jurisdiction and Venue Motions, or, In the Alternative, to Stay Plaintiff's Deadline to Respond . (Hill, John) Modified on 7/19/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 39 RESPONSE in Opposition re #23 MOTION for Discovery MOTION Jurisdictional and Venue Discovery, to Deny Without Prejudice the Motion to Dismiss for Lack of Personal Jurisdiction and Venue Motions, or, In the Alternative, to Stay Plaintiff's Deadline to Respond re #10 MOTION to Dismiss for Lac filed by James K. Donohue, Dryshod International, LLC. (Attachments: #1 Exhibit Srednecki Affidavit, #2 Errata Hahn Affidavit) (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 38 REPLY to Response to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by James K. Donohue, Dryshod International, LLC. (Pogorzelski, Henry) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 37 REPLY to Response to Motion re #16 MOTION to Change Venue filed by James K. Donohue, Dryshod International, LLC. (Ghavimi, Darlene) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 36 REPLY to Response to Motion re #12 MOTION to Dismiss for Improper Venue filed by James K. Donohue, Dryshod International, LLC. (Pogorzelski, Henry) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 35 RESPONSE in Support re #10 MOTION to Dismiss for Lack of Jurisdiction filed by James K. Donohue, Dryshod International, LLC. (Attachments: #1 Exhibit, #2 Exhibit) (Ghavimi, Darlene) [Transferred from Mississippi Northern on 11/14/2018.] |
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Filing 34
ORDER granting #33 Motion for Extension of Time to File Response/Reply re #23 MOTION for Discovery MOTION Jurisdictional and Venue Discovery, to Deny Without Prejudice the Motion to Dismiss for Lack of Personal Jurisdiction and Venue Motions, or, In the Alternative, to Stay Plaintiff's Deadline to Respond re #10 MOTION to Dismiss for Lac, #21 MOTION to Strike #12 MOTION to Dismiss for Improper Venue, #16 MOTION to Change Venue , #10 MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION to Change Venue , #10 MOTION to Dismiss for Lack of Jurisdiction , #12 MOTION to Dismiss for Improper Venue Responses to #10 , #12 , #14 , #16 due 5/29/2018, Responses to #21 , #23 due 6/4/18 Signed by Senior Judge Glen H. Davidson on 5/17/18. (tab) Modified on 5/18/2018 (tab). [Transferred from Mississippi Northern on 11/14/2018.]
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| Filing 33 MOTION for Extension of Time to File Response/Reply by James K. Donohue, Dryshod International, LLC. (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 32 MEMORANDUM IN SUPPORT re #31 Response in Opposition to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Haas Outdoors, Inc.. (Rayner, W.) Modified on 7/19/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 31 RESPONSE in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Haas Outdoors, Inc.. (Rayner, W.) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 30 MEMORANDUM IN SUPPORT re #29 Response in Opposition to Motion re #16 MOTION to Change Venue filed by Haas Outdoors, Inc.. (Harris, Andrew) Modified on 7/19/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 29 RESPONSE in Opposition re #16 MOTION to Change Venue filed by Haas Outdoors, Inc.. (Attachments: #1 Exhibit A - PTO Trademark Applications, #2 Exhibit B - Website Screenshot of Dryshod Stores in MS, #3 Exhibit C - 2.8.18 Receipt and Photo of Dryshod Boots Purchased in MS, #4 Exhibit E - Federal Court Statistical Report for the 12-Month Period Ending 12.13.17) (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 28 MEMORANDUM IN SUPPORT re #27 Response in Opposition to Motion re #12 MOTION to Dismiss for Improper Venue filed by Haas Outdoors, Inc.. (Harris, Andrew) Modified on 7/19/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 27 RESPONSE in Opposition re #12 MOTION to Dismiss for Improper Venue filed by Haas Outdoors, Inc.. (Attachments: #1 Exhibit A - PTO Trademark Applications, #2 Exhibit B - Website Screenshot of Dryshod Stores in MS, #3 Exhibit C - 2.8.18 Receipt and Photo of Dryshod Boots Purchase in MS) (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 26 MEMORANDUM IN SUPPORT re #25 Response in Opposition to Motion re #10 MOTION to Dismiss for Lack of Jurisdiction filed by Haas Outdoors, Inc.. (Harris, Andrew) Modified on 7/19/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 25 RESPONSE in Opposition re #10 MOTION to Dismiss for Lack of Jurisdiction filed by Haas Outdoors, Inc.. (Attachments: #1 Exhibit A - PTO Trademark Applicataions, #2 Exhibit B - Website Screenshot of Dryshod Stores in MS, #3 Exhibit C - 2.8.18 Receipt and Photo of Dryshod Boots Purchase in MS) (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 24 MEMORANDUM IN SUPPORT re #23 MOTION for Discovery MOTION Jurisdictional and Venue Discovery, to Deny Without Prejudice the Motion to Dismiss for Lack of Personal Jurisdiction and Venue Motions, or, In the Alternative, to Stay Plaintiff's Deadline to Respond re #10 MOTION to Dismiss for Lac filed by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 23 MOTION for Discovery , MOTION Jurisdictional and Venue Discovery, to Deny Without Prejudice the Motion to Dismiss for Lack of Personal Jurisdiction and Venue Motions, or, In the Alternative, to Stay Plaintiff's Deadline to Respond re #10 MOTION to Dismiss for Lack of Jurisdiction , #12 MOTION to Dismiss for Improper Venue, #16 MOTION to Change Venue by Haas Outdoors, Inc.. (Attachments: #1 Exhibit A - PTO Trademark Applications, #2 Exhibit B - Website Screenshot of Dryshod Stores in Mississippi, #3 Exhibit C - 2.8.18 Receipt and Photo of Dryshod Boots Purchase in MS, #4 Exhibit D - Website Screenshot of Dryshod Brand Story) (Harris, Andrew) Modified on 6/29/2018 (jla). [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 22 MEMORANDUM IN SUPPORT re #21 MOTION to Strike #12 MOTION to Dismiss for Improper Venue, #16 MOTION to Change Venue , #10 MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 21 MOTION to Strike #12 MOTION to Dismiss for Improper Venue, #16 MOTION to Change Venue , #10 MOTION to Dismiss for Lack of Jurisdiction , #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Haas Outdoors, Inc.. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
|
Filing 20
ORDER granting #18 Motion to Appear Pro Hac Vice; Attorney Darlene F. Ghavimi; granting #19 Motion to Appear Pro Hac Vice; Attorney Henry Pogorzelski. Signed by Magistrate Judge David A. Sanders on 5/8/18. (jcm) [Transferred from Mississippi Northern on 11/14/2018.]
|
| Pro Hac Vice Fees Paid re Darlene Ghavimi and Henry Pogorzelski: $ 200.00, receipt number MSN300021964 (jtm) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 19 MOTION to Appear Pro Hac Vice ; Attorney Henry Pogorzelski, by James K. Donohue, Dryshod International, LLC. (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 18 MOTION to Appear Pro Hac Vice ; Attorney Darlene F. Ghavimi, by James K. Donohue, Dryshod International, LLC. (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 17 BRIEF re #16 MOTION to Change Venue . (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 16 MOTION to Change Venue by James K. Donohue, Dryshod International, LLC. (Attachments: #1 Exhibit Complaint Filed in Texas, #2 Exhibit Hass Franchise Tax Acct. Status, #3 Exhibit 2017 Fed. Judicial Caseload Statistics, #4 Exhibit Donohue Declaration) (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 15 BRIEF re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James K. Donohue, Dryshod International, LLC. (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 13 BRIEF re #12 MOTION to Dismiss for Improper Venue . (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 12 MOTION to Dismiss for Improper Venue by James K. Donohue, Dryshod International, LLC. (Attachments: #1 Exhibit Donohue Declaration, #2 Exhibit House Bill 1, Copyright Act) (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 11 BRIEF re #10 MOTION to Dismiss for Lack of Jurisdiction . (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by James K. Donohue, Dryshod International, LLC. (Attachments: #1 Exhibit Complaint Filed in Texas, #2 Exhibit Donahue Declaration) (Hill, John) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 9 SUMMONS Returned Executed by W. Whitaker Rayner on behalf of Haas Outdoors, Inc. James K. Donohue served on 2/26/2018. (Rayner, W.) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 8 SUMMONS Returned Executed by W. Whitaker Rayner on behalf of Haas Outdoors, Inc. Dryshod International, LLC served on 2/26/2018. (Rayner, W.) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 7 MOTION for Extension of Time to File Answer by James K. Donohue. (tab) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 6 NOTICE of Attorney Appearance by Andrew Scott Harris on behalf of Haas Outdoors, Inc. (Harris, Andrew) [Transferred from Mississippi Northern on 11/14/2018.] |
|
Filing 5
ORDER Extending Time to Answer. Answer due 4/30/18. Signed by Magistrate Judge David A. Sanders on 3/15/18. (jcm) [Transferred from Mississippi Northern on 11/14/2018.]
|
| Filing 4 Remark: Forms AO 120 & 121 forwarded to U.S. Patent & Trademark Office and Register of Copyrights (jtm) [Transferred from Mississippi Northern on 11/14/2018.] |
|
Filing 3
ORDER OF RECUSAL. District Judge Sharion Aycock recused. Case reassigned to Senior Judge Glen H. Davidson for all further proceedings. Signed by District Judge Sharion Aycock on 2/27/18. (jla) [Transferred from Mississippi Northern on 11/14/2018.]
|
| Filing 2 Summons Issued as to James K. Donohue, Dryshod International, LLC. (jla) [Transferred from Mississippi Northern on 11/14/2018.] |
| Filing 1 COMPLAINT, Jury Demand, Filing fee $ 400, receipt number 0537-1520413, filed by Haas Outdoors, Inc.. (Attachments: #1 Exhibit - Trademark Registrations for Schedule A, #2 Exhibit B - Copyright Registration for Schedule B, #3 Exhibit C - MOBU Boot Pattern, #4 Exhibit D - Break Up Pattern, #5 Civil Cover Sheet) (jtm) [Transferred from Mississippi Northern on 11/14/2018.] |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Sharion Aycock and Magistrate Judge David A. Sanders. (jtm) [Transferred from Mississippi Northern on 11/14/2018.] |
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