SanMedica International et al v. Metabolic Research Center et al
Plaintiff: SanMedica International and Quality IP Holdings
Defendant: Metabolic Research Center, Metabolic Research Center of Jacksonville, Metabolic Research Center of Fort Walton Beach, Metabolic Research Center of Merritt Island and Metabolic Research Center of Brevard County
Case Number: 2:2020cv00316
Filed: May 14, 2020
Court: US District Court for the District of Utah
Presiding Judge: Daphne A Oberg
Referring Judge: Jill N Parrish
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1051 Trademark Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2021 Opinion or Order Filing 28 Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office. (alf)
May 3, 2021 Opinion or Order Civil Case Terminated per Notice #27 . Magistrate Judge Daphne A. Oberg no longer assigned to case (alf)
May 3, 2021 Opinion or Order Filing 27 Plaintiff's NOTICE OF VOLUNTARY DISMISSAL MOTION to Dismiss Voluntary without prejudice filed by Plaintiffs Quality IP Holdings, SanMedica International. (Attachments: #1 Text of Proposed Order Dismissing Case without Prejudice)(Kerr, Jason) Modified on 5/4/2021 to a notice from a motion. Motion does not need to be filed (alf).
April 1, 2021 Opinion or Order Filing 26 DOCKET TEXT ORDER granting #25 Motion for Extension of Time. Plaintiffs shall have until May 3, 2021 to respond to Defendants' Motion to Dismiss #17 . Signed by Judge Jill N. Parrish on 4/1/2021. No attached document. (do)
March 31, 2021 Opinion or Order Filing 25 Stipulated MOTION for Extension of Time to Respond to Motion to Dismiss filed by Plaintiffs Quality IP Holdings, SanMedica International. Motions referred to Daphne A. Oberg.(Kerr, Jason)
March 1, 2021 Opinion or Order Filing 24 DOCKET TEXT ORDER granting #23 Motion for Extension of Time. Plaintiffs shall have until April 1, 2021 to respond to Defendants' Motion to Dismiss. Signed by Judge Jill N. Parrish on 3/1/2021. No attached document. (do)
February 27, 2021 Opinion or Order Filing 23 Stipulated MOTION for Extension of Time to Respond to Motion to Dismiss filed by Plaintiffs Quality IP Holdings, SanMedica International. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Garff, Steven)
February 3, 2021 Opinion or Order Filing 22 NOTICE of Appearance by Brenda E. Weinberg on behalf of Metabolic Research Center, Metabolic Research Center of Brevard County, Metabolic Research Center of Fort Walton Beach, Metabolic Research Center of Jacksonville, Metabolic Research Center of Merritt Island (Weinberg, Brenda)
February 2, 2021 Opinion or Order Filing 21 ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney William Bradley Russell for Metabolic Research Center, Metabolic Research Center of Brevard County, Metabolic Research Center of Fort Walton Beach, Metabolic Research Center of Jacksonville and Metabolic Research Center of Merritt Island.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 2/2/21. (alf)
February 2, 2021 Opinion or Order Filing 20 ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Robert S. Weisbein for Metabolic Research Center, Metabolic Research Center of Brevard County, Metabolic Research Center of Fort Walton Beach, Metabolic Research Center of Jacksonville and Metabolic Research Center of Merritt Island.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Jill N. Parrish on 2/2/21. (alf)
February 1, 2021 Opinion or Order Filing 19 MOTION for Admission Pro Hac Vice of William Bradley Russell , Registration fee $ 250, receipt number AUTDC-3900080,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Metabolic Research Center, Metabolic Research Center of Brevard County, Metabolic Research Center of Fort Walton Beach, Metabolic Research Center of Jacksonville, Metabolic Research Center of Merritt Island. (Attachments: #1 Exhibit WB Russell application for pro hac, #2 Text of Proposed Order)(Felix, Wesley)
February 1, 2021 Opinion or Order Filing 18 MOTION for Admission Pro Hac Vice of Robert S. Weisbein , Registration fee $ 250, receipt number BUTDC-3900019,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Metabolic Research Center, Metabolic Research Center of Brevard County, Metabolic Research Center of Fort Walton Beach, Metabolic Research Center of Jacksonville, Metabolic Research Center of Merritt Island. (Attachments: #1 Exhibit pro hac application, #2 Exhibit proposed order)(Felix, Wesley)
February 1, 2021 Opinion or Order Filing 17 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Metabolic Research Center, Metabolic Research Center of Brevard County, Metabolic Research Center of Fort Walton Beach, Metabolic Research Center of Jacksonville, Metabolic Research Center of Merritt Island. (Attachments: #1 Affidavit of Soileau) Attorney Wesley D. Felix added to party Metabolic Research Center(pty:dft), Attorney Wesley D. Felix added to party Metabolic Research Center of Brevard County(pty:dft), Attorney Wesley D. Felix added to party Metabolic Research Center of Fort Walton Beach(pty:dft), Attorney Wesley D. Felix added to party Metabolic Research Center of Jacksonville(pty:dft), Attorney Wesley D. Felix added to party Metabolic Research Center of Merritt Island(pty:dft)(Felix, Wesley)
December 2, 2020 Opinion or Order Filing 16 WAIVER OF SERVICE Returned Executed filed by SanMedica International, Quality IP Holdings as to All Defendants. (Kerr, Jason)
November 6, 2020 Opinion or Order Filing 15 MEMORANDUM DECISION granting in part and denying in part #10 Motion for Service by Publication. The deadline to complete service is extended to December 4, 2020. Signed by Magistrate Judge Daphne A. Oberg on 11/06/2020. (nl)
November 6, 2020 Opinion or Order Filing 14 STRICKEN-DUPLICATE PARTIES TO DISREGARDMEMORANDUM DECISION granting in part #10 Motion for Service by Publication. See Memorandum for details. Signed by Magistrate Judge Daphne A. Oberg on 11/6/20. (alf) Modified on 11/9/2020 Duplicate entry, stricken(nl).
November 5, 2020 Opinion or Order Filing 13 Supplemental BRIEF re #10 Ex Parte (Not Sealed) MOTION for Service by Publication filed by Plaintiffs Quality IP Holdings, SanMedica International. (Attachments: #1 Text of Proposed Order Proposed Order)(Kerr, Jason)
October 30, 2020 Opinion or Order Filing 12 DOCKET TEXT ORDER FOR SUPPLEMENTAL BRIEFING: On or before 11/6/2020, Plaintiffs shall file supplemental briefing on the #10 MOTION for Service by Publication, describing any efforts to identify email addresses for Defendants for purposes of alternative service. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 10/30/2020. (med)
October 26, 2020 Opinion or Order Filing 11 Plaintiff's RESPONSE re #9 Order to Show Cause,,Re: Service of Complaint filed by Quality IP Holdings, SanMedica International. (Kerr, Jason)
October 26, 2020 Opinion or Order Filing 10 Ex Parte (Not Sealed) MOTION for Service by Publication filed by Plaintiffs Quality IP Holdings, SanMedica International. (Attachments: #1 Affidavit Declaration of Steven Garff, #2 Text of Proposed Order Order) Motions referred to Daphne A. Oberg.(Kerr, Jason)
October 9, 2020 Opinion or Order Filing 9 ORDER TO SHOW CAUSE- Plaintiffs are directed to respond to this Order to Show Cause on or before October 29, 2020, to inform the court of the status of this action and their intentions to proceed. Failure to do so may result in dismissal of this action. Signed by Judge Jill N. Parrish on 10/08/2020. (nl)
June 8, 2020 Opinion or Order Filing 8 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Daphne A. Oberg on 6/8/20. (alf)
June 5, 2020 Opinion or Order Filing 7 ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 6/5/20. (ss)
June 4, 2020 Opinion or Order Filing 6 CIVIL STANDING ORDER. Signed by Judge Jill N. Parrish on 6/4/20. (ss)
May 20, 2020 Opinion or Order Filing 5 **RESTRICTED DOCUMENT****Corrected**Summons Issued Electronically as to Metabolic Research Center. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jl)
May 20, 2020 Opinion or Order Filing 4 **RESTRICTED DOCUMENT**Summons Issued as to Metabolic Research Center. (jl)
May 15, 2020 Opinion or Order Filing 3 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Complaint) (jl)
May 14, 2020 Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number AUTDC-3576183) filed by SanMedica International, Quality IP Holdings. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Jill N. Parrish (Kerr, Jason)
May 14, 2020 Filing 1 Case has been indexed and assigned to Judge Jill N. Parrish. Plaintiffs Quality IP Holdings, SanMedica International is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (jl)

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Defendant: Metabolic Research Center
Represented By: Robert S. Weisbein
Represented By: Wesley D. Felix
Represented By: William Bradley Russell
Represented By: Brenda E. Weinberg
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Defendant: Metabolic Research Center of Jacksonville
Represented By: Robert S. Weisbein
Represented By: Wesley D. Felix
Represented By: William Bradley Russell
Represented By: Brenda E. Weinberg
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Defendant: Metabolic Research Center of Fort Walton Beach
Represented By: Robert S. Weisbein
Represented By: Wesley D. Felix
Represented By: William Bradley Russell
Represented By: Brenda E. Weinberg
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Defendant: Metabolic Research Center of Merritt Island
Represented By: Robert S. Weisbein
Represented By: Wesley D. Felix
Represented By: William Bradley Russell
Represented By: Brenda E. Weinberg
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Defendant: Metabolic Research Center of Brevard County
Represented By: Robert S. Weisbein
Represented By: Wesley D. Felix
Represented By: William Bradley Russell
Represented By: Brenda E. Weinberg
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Plaintiff: SanMedica International
Represented By: Ronald F. Price
Represented By: Steven Garff
Represented By: Jason M. Kerr
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Plaintiff: Quality IP Holdings
Represented By: Ronald F. Price
Represented By: Steven Garff
Represented By: Jason M. Kerr
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