Evermore Park v. Swift et al
| Evermore Park |
| TAS Rights Management, Taylor Swift and Taylor Nation |
| 2:2021cv00069 |
| February 2, 2021 |
| US District Court for the District of Utah |
| David Barlow |
| Daphne A Oberg |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2021. A more recent docket listing may be available from PACER.
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| Filing 29 Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office. (jl) |
| Filing 28 ***DISREGARD-ENTERED IN ERRORJUDGMENT Pursuant to Plaintiff's notice of voluntary dismissal under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, this matter is dismissed with prejudice. Each party shall bear its own costs and attorney fees and the Clerk of Court is directed to close this case. Case Closed. Magistrate Judge Jared C. Bennett no longer assigned to case. Signed by Judge David Barlow on 3/25/2021. (jl) Modified to strike as entered in error on 3/25/2021 (jl). |
| Civil Case Terminated per #27 NOTICE of Voluntary Dismissal. Case terminated. Disregard #28 JUDGMENT as entered in error. (jl) |
| Filing 27 NOTICE of Voluntary Dismissal filed by Plaintiff Evermore Park (Cherry, Jared) |
Filing 26
DOCKET TEXT ORDER TO COMPLY with paragraph 2(a) of #7 ORDER TO PROPOSE SCHEDULE. Within seven (7) days after the date of this order, the parties shall e-mail a stipulated Proposed Scheduling Order in word processing format to the court at utdecf_bennett@utd.uscourts.gov. Signed by Magistrate Judge Jared C. Bennett on 3/22/21. No attached document (lrh)
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Filing 25
ORDER granting #23 Motion for Extension of Time to File Response/Reply re #10 MOTION for Preliminary Injunction and Memorandum in Support. Responses due by 3/24/2021. Signed by Judge David Barlow on 03/17/2021. (jl)
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| Filing 24 REPORT OF ATTORNEY PLANNING MEETING. (Cherry, Jared) |
| Filing 23 STIPULATION re #10 MOTION for Preliminary Injunction and Memorandum in Support -Joint Stipulation Regarding Response by Taylor Swift, TAS Rights Management, Taylor Nation. (Attachments: #1 Text of Proposed Order)(Christiansen, Erik) Modified by changing event to motion on 3/17/2021 (jl). |
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Filing 22
ORDER granting #21 Motion for Admission Pro Hac Vice of Attorney Katherine Wright Morrone for Taylor Swift, TAS Rights Management, and Taylor Nation.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 David Barlow on 03/16/2021. (jl)
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| Filing 21 Amended MOTION for Admission Pro Hac Vice of Katherine Wright Morrone , Registration fee $ 250, receipt number AUTDC-3952737,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 Taylor Swift, TAS Rights Management, Taylor Nation. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Text of Proposed Order Exhibit B)(Christiansen, Erik) |
| Filing 20 NOTICE OF DEFICIENCY re #19 MOTION for Admission Pro Hac Vice of Katherine Wright Morrone. The document is missing certification of not being a member of the Utah bar, not having a law office in Utah, and not being admitted pro hac vice in Utah in the last five years. The clerk requests the filer of the original document to refile the pleading using the receipt numbers from the original motion with our current form which can be found on our website https://www.utd.uscourts.gov/usdc-forms. The new pleading will receive a new document number on the docket. (jl) |
| Filing 19 ***STRICKEN-DISREGARD*** MOTION for Admission Pro Hac Vice of Katherine Wright Morrone , Registration fee $ 250, receipt number AUTDC-3952737,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 Taylor Swift, TAS Rights Management, Taylor Nation. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Text of Proposed Order Exhibit B)(Christiansen, Erik) Modified by striking as incorrectly filed on 3/16/2021 (jl). |
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Filing 18
ORDER granting #14 Motion for Extension of Time. 1. Dft Taylor Swift is deemed served with the Complaint as of February 17, 2021. 2. All defendants shall file their answer to complaint #2 on or before April 1, 2021. 3. All dft's shall file their response to the Motion for Preliminary Injunction on or before March 17, 2021. Signed by Judge David Barlow on 02/19/2021. (kpf)
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Jared C. Bennett. Signed by Judge David Barlow on 2/19/2021. (sds)
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Filing 16
ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney J. Douglas Baldridge for Taylor Swift,J. Douglas Baldridge for TAS Rights Management,J. Douglas Baldridge for Taylor Nation.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 David Barlow on 2/19/21. (jrj)
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| ANSWER DEADLINE UPDATED for TAS Rights Management answer due 4/1/2021; Taylor Nation answer due 4/1/2021. (kpf) |
| Filing 15 Case Reassigned to District Judge per order of the court ECF No. 11. Case randomly assigned to Judge David Barlow. Magistrate Judge Daphne A. Oberg no longer assigned to the case. (jl) |
| Filing 14 Stipulated MOTION for Extension of Time service of process, response to motion for preliminary injunction and response to complaint filed by Defendants Taylor Swift, TAS Rights Management, Taylor Nation. (Attachments: #1 Text of Proposed Order)(Christiansen, Erik) |
| Filing 13 MOTION for Admission Pro Hac Vice of J. Douglas Baldridge , Registration fee $ 250, receipt number AUTDC-3920085,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 Taylor Swift, TAS Rights Management, Taylor Nation. (Attachments: #1 Exhibit Application for Pro Hac, #2 Text of Proposed Order)(Christiansen, Erik) |
| Filing 12 NOTICE of Appearance by Erik A. Christiansen on behalf of Taylor Swift, TAS Rights Management, Taylor Nation (Christiansen, Erik) |
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Filing 11
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Based upon the Plaintiff's filing of a Motion for Preliminary Injunction #10 , the court ORDERS that this case be reassigned to a district judge through random reassignment. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 2/17/2021. (med)
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| Filing 10 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Evermore Park. (Cherry, Jared) |
| Filing 9 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Evermore Park as to Taylor Nation served on 2/4/2021, answer due 2/25/2021. (Cherry, Jared) |
| Filing 8 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Evermore Park as to TAS Rights Management served on 2/4/2021, answer due 2/25/2021. (Cherry, Jared) |
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Filing 7
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 2/3/21. (alf)
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| Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Taylor Nation. 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. (mh) |
| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to TAS Rights Management. 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. (mh) |
| Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Taylor Swift. 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. (mh) |
| Filing 3 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (jl) |
| Filing 2 COMPLAINT against All Plaintiffs (Filing fee $ 402, receipt number AUTDC-3902077) filed by Evermore Park. (Attachments: #1 Exhibit A - Declaration of Ken Bretschneider, #2 Exhibit B - Evermore Trademark Registration Certificates, #3 Exhibit C - Prologue to Evermore Album by Taylor Swift, #4 Exhibit D - Cease and Desist Letter Dated 2020-12-18, #5 Exhibit E - Declaration of Andrea Measom, #6 Exhibit F - Declaration of Jaren Tolman, #7 Exhibit G - Google Analytics for Evermore Website, #8 Exhibit H - Google Search Results for Evermore, #9 Exhibit I - Google Search Results for Evermore - Page 2, #10 Exhibit J - Letter from Taylor Swift's Counsel dated 2020-12-29, #11 Exhibit K - Teen Vogue Article Titled Taylor Swift Releases evermore Merch willow Remix dated 2020-12-13, #12 Exhibit L - Letter from Taylor Swift's counsel dated 2021-01-11, #13 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Daphne A. Oberg (Cherry, Jared) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Plaintiff Evermore Park is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 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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