American Policy Roundtable v. Heritage Alliance
| American Policy Roundtable |
| Heritage Alliance |
| 1:2019cv00906 |
| September 13, 2019 |
| US District Court for the Western District of Texas |
| Robert Pitman |
| Trademark |
| 15 U.S.C. § 1125 |
| Defendant |
Docket Report
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This docket was last retrieved on September 24, 2019. A more recent docket listing may be available from PACER.
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Filing 43
ORDER GRANTING #40 Motion to Appear Pro Hac Vice as to Jordan Weinstein. 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. (dm)
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| Filing 42 NOTICE by Heritage Alliance re #38 Order to File Pro Hac Motion (Jones, Joshua) |
| Filing 41 NOTICE by American Policy Roundtable re #38 Order to File Pro Hac Motion (Haskins, Thomas) |
| Filing 40 MOTION to Appear Pro Hac Vice by Thomas G. Haskins, Jr on Behalf of Jordan Weinstein ( Filing fee $ 100 receipt number 0542-12630646) by on behalf of American Policy Roundtable. (Attachments: #1 Proposed Order)(Haskins, Thomas) |
| Filing 39 Case Transfer and Opening Letter sent to all Counsel. (cj) |
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Filing 38
Orders Directing Gregory R. Farkas, Robert C. Folland, William R. Martin, Sr., and Jordan S. Weinstein to File a Motion to Appear Pro Hac Vice within 14 days. Signed by Judge Robert Pitman. (cj)
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| Filing 37 Report on Trademark sent to U.S. Patent and Trademark Office, along with a copy of the Complaint. (cj) |
| 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) |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower (cj) |
| DEMAND for Trial by Jury by Heritage Alliance. (cj) |
| Filing 36 Case electronically transferred in from Northern District of Ohio; Case Number 1:19-cv-00535. |
| Filing 35 Transfer Case (District), Upon receipt of the Parties status reports (Documents #32 and #33 ) and the decision from the Western District of Texas, this Court lifts the stay and transfers the case to the Western District of Texas. Entered by Judge Pamela A. Barker on 9/12/2019. (L,Ja) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 34 Motion for attorney Jordan S. Weinstein to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9505515, filed by Plaintiff American Policy Roundtable. (Attachments: #1 Exhibit A-Affidavit in Support and Certificates of Good Standing, #2 Proposed Order)(Martin, William) [Transferred from Ohio Northern on 9/13/2019.] |
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Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Jordan S Weinstein for American Policy Roundtable. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #34 ). Judge Pamela A. Barker on 9/4/2019. (L,Ja) [Transferred from Ohio Northern on 9/13/2019.]
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| Filing 33 Status Report Responsive to Court Order of August 7, 2019 filed by Heritage Alliance. (Attachments: #1 Exhibit A - Order, #2 Exhibit B - Email) (Farkas, Gregory) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 32 Status Report Responsive to Court Order of August 7, 2019, with Exhibit A - Order from Western District of Texas case 1:18cv939 filed by American Policy Roundtable. (Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
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Order [non-document] On June 14, 2019, Judge James S. Gwin issued an Opinion and Order granting Defendant Heritage Alliance's Motion to Stay Under First to File Rule (Doc. No. #31 and Related Doc. No. #14 .) The matter was stayed pending resolution of the first-to-file issue in the Western District of Texas, and Judge Gwin noted that "[t]he parties may move the Court to lift the stay when the Texas Court resolves this issue." On June 28, 2019, the case was reassigned to Judge Barker pursuant to General Order 2019-13 IMPORTANT: This court is notifying the parties that they must file a Status Report with this court on August 30, 2019, and then every sixty (60) days thereafter, advising this court of the status of the first-to-file issue in the Western District of Texas. Judge Pamela A. Barker on 8/7/2019. (L,Ja) [Transferred from Ohio Northern on 9/13/2019.]
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Order [non-document] entered by Judge Pamela A. Barker on 7/10/19. For purposes of clarification, the parties are advised that the Court's Order dated 7/2/19 was intended to terminate any upcoming telephonic and/or in-person conferences and hearings set by the previously assigned district judge. All other case management deadlines (including pleading amendment, discovery, expert, briefing, and dispositive motions deadlines) remain in effect. In addition, any referrals to the assigned Magistrate Judge (including for mediation and/or settlement conferences) remain in effect. Any status, final pre-trial and trial dates set to take place before the previously assigned district judge will be reset at a later date. (S,G) [Transferred from Ohio Northern on 9/13/2019.]
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Order [non-document] All deadlines and hearings set by the previous District Judge are terminated and will be reset forthwith. Signed by Judge Pamela A. Barker on 07/02/2019. (W,RA) [Transferred from Ohio Northern on 9/13/2019.]
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| Judge Pamela A. Barker assigned to case, Judge James S. Gwin terminated. (Y,A) [Transferred from Ohio Northern on 9/13/2019.] |
| Case reassigned to Judge Pamela A. Barker pursuant to General Order 2019-13. (Y,A) [Transferred from Ohio Northern on 9/13/2019.] |
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Filing 31
Opinion and Order GRANTING Defendant's motion and STAYS this action pending resolution of the first-to-file issue in the Western District of Texas. The parties may move the Court to lift the stay when the Texas Court resolves this issue. (Related Doc #14 ). Signed by Judge James S. Gwin on 6/14/2019. (L,Ja) [Transferred from Ohio Northern on 9/13/2019.]
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Order [non-document] entered by Judge James S. Gwin on 6/12/19 denying defendant's motion to excuse personal attendance at the 6/19/19 case management conference. (Related Doc. #27 ) (D,MA) [Transferred from Ohio Northern on 9/13/2019.]
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| Filing 30 Reply in support of #15 Motion to dismiss for Lack of Personal Jurisdiction filed by Heritage Alliance. (Attachments: #1 Declaration of Debbie Wuthnow)(Farkas, Gregory) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 29 Report of Parties' Planning Meeting pursuant to Fed. R. Civ. P. 26(f) and LR 16:3(b)(3), - parties do not consent to this case being assigned to the magistrate judge, filed by American Policy Roundtable. (Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 28 Notice of designation of Lead Attorney filed by American Policy Roundtable. (Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 27 Motion to Permit Client Attendance by Telephone at the June 19, 2019 Case Management Conference filed by Defendant Heritage Alliance. (Farkas, Gregory) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 26 Reply in support of #14 Motion to stay Under First to File Rule filed by Heritage Alliance. (Attachments: #1 Declaration of Debbie Wuthnow, #2 Declaration of Richard Ford)(Farkas, Gregory) [Transferred from Ohio Northern on 9/13/2019.] |
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Order [non-document] entered by Judge James S. Gwin on 5/29/19 denying as moot plaintiff's motions for expedited discovery and to shorten the response deadline to said motion. (Related Docs. #7 , #9 , and #24 ) (D,MA) [Transferred from Ohio Northern on 9/13/2019.]
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| Filing 25 Answer to #1 Complaint, with Jury Demand filed by Heritage Alliance. (Farkas, Gregory) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 24 Withdraw of Motion for Limited Expedited Discovery filed by American Policy Roundtable. Related document(s) #7 .(Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
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Order [non-document] entered by Judge James S. Gwin on 5/28/19 granting the motions to appear pro hac vice of Attorneys Joshua G. Jones and Thomas G. Haskins, Jr., on behalf of defendant and plaintiff, respectively. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Docs. #13 and #19 ) (D,MA) [Transferred from Ohio Northern on 9/13/2019.]
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| Filing 23 Declaration of Jordan S. Weinstein filed by American Policy Roundtable. Related document(s) #15 . (Attachments: #1 Exhibit 1,Vote guide #2 Exhibit 2, # General Election (3) Exhibit 3, # Side-by-Side Candidate Research (4) Exhibit 4, # Panel Evaluation (5) Exhibit 5, # iVoterGuide (6) Exhibit 6, How we Evaluate Candidates #7 Exhibit 7, iVoterGuides commitment to your privacy #8 Exhibit 8, #State Senator, Dist. 21 (9) Exhibit 9, # Side-by-Side Comparison (10) Exhibit 10, # Side-by-Side Candidate Research (11) Exhibit 11, # Side-by-Side Candidate Research(12) Exhibit 12, # Legislative Vote Ratings (13) Exhibit 13, # IVoter Guide (14) Exhibit 14 # IVoter Guide)(Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 22 Opposition to #15 Motion to dismiss for Lack of Personal Jurisdiction filed by American Policy Roundtable. (Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 21 Opposition to #14 Motion to stay Under First to File Rule filed by American Policy Roundtable. (Attachments: #1 Exhibit 1 (Zanotti Declaration), #2 Exhibit 2 (Texas Complaint))(Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 20 Proposed Order granting admissions of Thomas G. Haskins, Jr. to appear pro hac vice filed by American Policy Roundtable. Related document(s) #19 . (Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 19 Motion for attorney Thomas G. Haskins, Jr. to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9326743, filed by Plaintiff American Policy Roundtable. (Attachments: #1 Exhibit A Certificates of Good Standing)(Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
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Filing 18
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 5/22/19 setting a conference for 6/19/19 at 1:00 p.m., Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (Attachments: #1 Parties' Planning Meeting Report, #2 Local Civil Rule 30.1) (D,MA) [Transferred from Ohio Northern on 9/13/2019.]
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| Filing 17 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 5/22/19. (D,MA) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 16 Response to #7 Motion Limited Expedited Discovery filed by Heritage Alliance. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Joint Proposed Schedule)(Farkas, Gregory) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 15 Motion to dismiss for Lack of Personal Jurisdiction filed by Defendant Heritage Alliance. (Attachments: #1 Brief in Support)(Farkas, Gregory) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 14 Motion to stay Under First to File Rule filed by Defendant Heritage Alliance. (Attachments: #1 Exhibit A - Letter dated Oct 12, 2018, #2 Exhibit B - Letter dated Oct 24, 2018, #3 Exhibit C - USDC WD of TX Complaint, #4 Exhibit D - USDC WD of TX First Amended Complaint, #5 Exhibit E - Defendant's Memo of Law in Support of its Renewed Motion to Dismiss, #6 Exhibit F - Motion to Dismiss or Transfer, #7 Exhibit G - Defendant's Response in Oppistion to Plaintiff's Motion to Dismiss or Transfer, #8 Exhibit H - Reply in Support of Motion to Dismiss or Transfer, #9 Exhibit I - Deft's Sur-Reply to Pltf's Reply in Support of Motion to Dismiss or Transfer)(Farkas, Gregory) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 13 Motion for attorney Joshua Gabriel Jones to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9316519, filed by Defendant Heritage Alliance. (Attachments: #1 Certificate of Good Standing)(Farkas, Gregory) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 12 Corporate Disclosure Statement filed by Heritage Alliance. (Farkas, Gregory) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 11 Attorney Appearance by Gregory R. Farkas filed by on behalf of Heritage Alliance. (Farkas, Gregory) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 10 Proposed Order Granting Motion to Shorten Deadline to File Memo in Opposition to Motion for Limited Expedited Discovery filed by American Policy Roundtable. Related document(s) #9 . (Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 9 Motion to Shorten Deadline to File Memorandum in Opposition to Motion for Limited Expedited Discovery filed by Plaintiff American Policy Roundtable. Related document(s) #7 . (Attachments: #1 Proposed Order)(Folland, Robert) Modified to use correct entry on 5/20/2019 (L,Ja). [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 8 Declaration of David Zanotti filed by American Policy Roundtable. Related document(s) #7 . (Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 7 Motion Limited Expedited Discovery filed by Plaintiff American Policy Roundtable. (Attachments: #1 Brief in Support Motion for Limited Expedited Discovery, #2 Exhibit A (Proposed Discovery, #3 Exhibit B (Proposed Order))(Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 6 Attorney Appearance as co-counsel by Robert C. Folland filed by on behalf of American Policy Roundtable. (Folland, Robert) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 5 Waiver of Service Returned Executed waiver sent on 3/20/2019, answer due 5/19/2019 by American Policy Roundtable. All Defendants filed on behalf of American Policy Roundtable (Martin, William) Modified on 4/16/2019 (L,Ja). [Transferred from Ohio Northern on 9/13/2019.] |
| Remark by Finance. Funds in the amount of $400.00 refunded on 03/20/2019 receipt# 0647-9191986. (W,L) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 4 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by American Policy Roundtable. (Martin, William) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Heritage Alliance. (Attachments: #1 Magistrate Consent Form) (S,SR) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 2 Corporate Disclosure Statement identifying Other Affiliate Evergreen Communications, Other Affiliate Ohio Roundtable, Other Affiliate Rountable Freedom Forum for The American Policy Roundtable filed by The American Policy Roundtable. (Martin, William) [Transferred from Ohio Northern on 9/13/2019.] |
| Filing 1 Complaint against Heritage Alliance. Filing fee paid $ 400, Receipt number 0647-9192155. Filed by American Policy Roundtable. (Attachments: #1 Exhibit A -website, #2 Exhibit B - Trademark, #3 Exhibit C - Trademark, #4 Exhibit D -website, #5 Exhibit E -registration, #6 Civil Cover Sheet, #7 Summons, #8 FILING ERROR, COUNSEL TO REFILE USING CORRECT EVENT) (Martin, William) Modified on 3/11/2019 (S,SR). [Transferred from Ohio Northern on 9/13/2019.] |
| Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Duplicate Charge. Receipt #: 26G0QDN5 / 0647-9191986, filed by The American Policy Roundtable. (Martin, William) [Transferred from Ohio Northern on 9/13/2019.] |
| Judge James S. Gwin assigned to case, (S,SR) [Transferred from Ohio Northern on 9/13/2019.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (S,SR) [Transferred from Ohio Northern on 9/13/2019.] |
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