National Association of State Farm Agents, Inc. v. Knapp et al
| National Association of State Farm Agents, Inc. |
| Steve Knapp, Cliff M. Mueller, Ralph Macks and David M. Swift |
| John Sullivan, Joan Kaminsky, Gabriel Nazziola, Charles Winderl, Robert Lamphier and Ronald Sohn |
| 1:2007cv00477 |
| May 14, 2007 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| Out of State |
| T S Ellis |
| Barry R Poretz |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on November 6, 2007. A more recent docket listing may be available from PACER.
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Filing 111
STIPULATION OF DISMISSAL AND ORDER pursuant to FRCP 41(a) dismissing this action. Signed by Judge T. S. Ellis III on 11/06/07. (pmil)
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Filing 110
ORDER granting #108 Motion for Release of Bond Obligation. The Clerk of Court shall release to Pltf from the treasury the sum of Five Thousand Dollars ($5,000.00) previously posted by Pltf to secure the Preliminary Injunction in this matter. Signed by Judge T. S. Ellis III on 09/07/07. (Attachments: #1 Cover Letter) (pmil)
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Filing 109
FINAL JUDGMENT AND PERMANENT INJUNCTION On Counts Two and Three of the First Amended Complaint, brought for trademark infringement under the Lanham Act, 15 USC sect. 1116 and 1118 respectively, the Court hereby enters judgment for Pltf, the National Association of State Farm Agents, Inc. ("NASFA"), and against Defts, Cliff M. Mueller, David M. Swift, Ralph Macks, Steve Knapp. On Count One of the First Amended Complaint, brought for violation of the Lanham Act, 15 USC sect 1114 and 1125, the parties have settled the claim by payment of One Hundred Thousand Dollars ($100,000.00) by Defts to Pltf, inclusive of all costs and attorney fees. The Court orders other equitable relief as set forth in this document; Defts are hereby ordered to immediately surrender to counsel for Pltf all items in their possession, custody, or control which bear the registered trademark logo of NASFA, exclusive of personal items such as plaques, paperweights, et cetera. Pltf may destroy or otherwise dispose of the infringing items without further Order of the Court; Defts are hereby ordered to immediately surrender to counsel for Pltf all copies of the NASFA membership mailing list, any and all fragments of the NASFA membership mailing list, and any compiled information, of any nature, which duplicates the NASFA membership mailing list. Defts are specifically ordered not to retain or attempt at any time in the future to recreate any listing of NASFA members for any purpose; Defts are hereby permanently enjoined from any use of the NASFA registered trademark logo or trade name, w/out prior written consent to such use by Pltf NASFA; All Counts of the First Amended Complaint other than those described above are hereby dismissed with prejudice (see Judgment for details). Signed by Judge T. S. Ellis III on 09/07/07. (pmil) Additional attachment(s) added on 9/12/2007 (pmil, ).
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| Filing 108 Consent MOTION for Release of Bond Obligation by National Association of State Farm Agents, Inc.. (Attachments: #1 Proposed Order)(Sterbenz, Christopher) |
| Filing 107 Consent MOTION to Approve Consent Judgment Consent Motion for Entry of Final Judgment and Permanent Injunction by National Association of State Farm Agents, Inc.. (Sterbenz, Christopher) |
| Per BRP chambers motions set for 9/7/07 have been withdrawn (clar, ) |
| Notice of Correction: re: #104 Withdraw of Motion and #105 NOTICE. The filing user has been notified to file future documents with the correct signature block as to the document and certificate of service. (pmil) |
| Filing 105 NOTICE by David M. Swift, Steve Knapp, Ralph Macks re #103 Notice of Hearing Date, of Withrawal of Notice of Hearing (Goody, Teresa) |
| Filing 104 Withdraw of Motion by David M. Swift, Steve Knapp, Ralph Macks re #103 Notice of Hearing Date, #101 First MOTION for Protective Order and for assessment of costs in connection with the depositions of defendants Knapp, Swift, and Macks, #102 First MOTION for Costs in connection with the depositions of defendants Knapp, Swift, and Macks and motion for protective order (Goody, Teresa) |
| MOTIONS #101 First MOTION for Protective Order and for assessment of costs in connection with the depositions of defendants Knapp, Swift, and Macks, #102 First MOTION for Costs in connection with the depositions of defendants Knapp, Swift, and Macks and motion for protective order REFERRED to Judge Poretz. (clar, ) |
| Set Deadlines as to #101 First MOTION for Protective Order and for assessment of costs in connection with the depositions of defendants Knapp, Swift, and Macks, #102 First MOTION for Costs in connection with the depositions of defendants Knapp, Swift, and Macks and motion for protective order. Motion Hearing set for 9/7/2007 at 10:00 AM before Magistrate Judge Barry R. Poretz. (clar, ) |
| Filing 103 Notice of Hearing Date set for September 7, 2007 at 10:00 a.m. re #101 First MOTION for Protective Order and for assessment of costs in connection with the depositions of defendants Knapp, Swift, and Macks, #102 First MOTION for Costs in connection with the depositions of defendants Knapp, Swift, and Macks and motion for protective order by David M. Swift, Steve Knapp, Ralph Macks (Goody, Teresa) |
| Filing 102 First MOTION for Costs in connection with the depositions of defendants Knapp, Swift, and Macks and motion for protective order by David M. Swift, Steve Knapp, Ralph Macks. (Attachments: #1 Proposed Order Form 1#2 Proposed Order Form 2#3 Exhibit 1#4 Exhibit 2#5 Errata 3#6 Exhibit 4#7 Exhibit 5#8 Exhibit 6#9 Exhibit 7)(Goody, Teresa) |
| Filing 101 First MOTION for Protective Order and for assessment of costs in connection with the depositions of defendants Knapp, Swift, and Macks by David M. Swift, Steve Knapp, Ralph Macks. (Attachments: #1 Proposed Order Form 1#2 Proposed Order Form 2#3 Exhibit 1#4 Exhibit 2#5 Exhibit 3#6 Exhibit 4#7 Exhibit 5#8 Exhibit 6#9 Exhibit 7)(Goody, Teresa) |
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Filing 106
ORDER that Pltf's #69 Motion to Compel is GRANTED and the Court approves and adopts the appended protocol proposed on behalf of Deft Macks. Signed by Judge Barry R. Poretz on 08/29/07. (Attachments: #1 Appended Protocol) (pmil)
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| Filing 97 Proposed Order by National Association of State Farm Agents, Inc. re #69 MOTION to Compel (Sterbenz, Christopher) Modified on 9/10/2007 to edit text (pmil). |
| Filing 96 Response to #90 Response of Plaintiff of Supplemental Citation of Authority in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by David M. Swift, Steve Knapp, Cliff M. Mueller, Ralph Macks. (Goody, Teresa) |
| Notice of Correction: re: #95 Response. The signature block on the document does not match the filing users login. The filing user has been notified and has been asked to either refile the document or to have the attorney whose signature block appears on the document refile the document. (pmil) |
| Filing 95 Response to #90 Response of Plaintiff of Supplemental Citation of Authority in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by David M. Swift, Steve Knapp, Cliff M. Mueller, Ralph Macks. (Goody, Teresa) |
| Filing 91 AFFIDAVIT in Support re #87 MOTION for Summary Judgment Executed Copy of Plaintiff's Exhibit 50 filed by National Association of State Farm Agents, Inc.. (Sterbenz, Christopher) |
| Filing 90 Response to #88 Memorandum in Support,,,,,, #75 Memorandum in Opposition,,,, Supplemental Citation of Authority filed by National Association of State Farm Agents, Inc.. (Sterbenz, Christopher) |
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Filing 100
ORDER, for reasons stated from the Bench, taking under advisement defendants' #62 Motion for Summary Judgment on plaintiff's Lanham Act claims, and granting the motion to continue the hearing on plaintiff's motion for summary judgment from 9/7/07 until 10:00 on 9/14/07. s/ by Judge T. S. Ellis III on 8/24/07. (tbul, )
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Filing 99
ORDER, for reasons stated from the Bench, taking under advisement defendants' #62 Motion for Summary Judgment on plaintiff's Lanham Act claims, and granting the oral motion to continue the hearing on plaintiff's motion for summary judgment. That hearing will be held at 10:00 on 9/14/07, instead of 9/7/07. /s/ by Judge T. S. Ellis III on 8/24/07. (tbul, )
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Filing 98
ORDER, for reasons stated from the Bench, taking under advisement the defendants' #87 Motion for Summary Judgment on plaintiff's Lanham Act claims, and granting the oral motion to continue the hearing on plaintiff's motion for summary judgment. The hearing is continued to 10:00 on 9/14/07. /s/ by Judge T. S. Ellis III on 8/24/07. (tbul, )
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| Reset Deadlines as to #87 MOTION for Summary Judgment. Motion Hearing reset for 9/14/2007 at 10:00 AM before District Judge T. S. Ellis III. (tbul, ) |
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Filing 94
ORDER denying in part and taken under advisement in part #69 Motion to Compel is Denied without prejudice #72 Motion to Compel - entered by Magistrate Judge Barry R. Poretz on 8/24/2007. (jsch)
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| Filing 93 MOTION Hearing held before Magistrate Judge Barry R. Poretz on 8/24/2007. Appearances: Counsel for Pltf. & Deft. This matter came on for Pltf's. motion to Compel Matter agrued and Denied in part & Granted. in part. Deft. Mueller's fist motion to compel and overule objection Matter argued and Denied w/o prejudice. (FTR)(jsch) |
| Filing 92 Minute Entry for proceedings held before Judge T. S. Ellis III: Motion Hearing held on 8/24/2007 re: #62 First MOTION for Summary Judgment on Plaintiff's Lanham Act Claims filed by Steve Knapp, David M. Swift, Ralph Macks, Cliff M. Mueller. Appearances: Sterbenz for Pltff; Franks/Goody/Parrish for Defts. Heard, and TUA. Deft's oral motion for the Court sua sponte to move the next hearing - heard. (Court Reporter Rodriquez.) (tbul, ) |
| Set Deadlines as to #87 MOTION for Summary Judgment Motion Hearing set for 9/7/2007 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Filing 89 Notice of Hearing Date set for 09/07/2007 re #87 MOTION for Summary Judgment by National Association of State Farm Agents, Inc. (Sterbenz, Christopher) |
| Filing 88 Memorandum in Support re #87 MOTION for Summary Judgment filed by National Association of State Farm Agents, Inc.. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Exhibit Exhibit 4#5 Exhibit Exhibit 5#6 Exhibit Exhibit 6#7 Exhibit Exhibit 7#8 Exhibit Exhibit 8#9 Exhibit Exhibit 9#10 Exhibit Exhibit 10#11 Exhibit Exhibit 11#12 Exhibit Exhibit 12#13 Exhibit Exhibit 13#14 Exhibit Exhibit 14#15 Exhibit Exhibit 15#16 Exhibit Exhibit 16#17 Exhibit Exhibit 17#18 Exhibit Exhibit 18#19 Exhibit Exhibit19#20 Exhibit Exhibit20#21 Exhibit Exhibit21#22 Exhibit Exhibit 22#23 Exhibit Exhibit 23#24 Exhibit Exhibit 24#25 Exhibit Exhibit 25#26 Exhibit Exhibit 26#27 Exhibit Exhibit 27#28 Exhibit Exhibit 28#29 Exhibit Exhibit 29#30 Exhibit Exhibit 30#31 Exhibit Exhibit 31#32 Exhibit Exhibit 32#33 Exhibit Exhibit 33#34 Exhibit Exhibit 34#35 Exhibit Exhibit 35#36 Exhibit Exhibit 36#37 Exhibit Exhibit 37#38 Exhibit Exhibit 38#39 Exhibit Exhibit 39#40 Exhibit Exhibit 40#41 Exhibit Exhibit 41#42 Exhibit Exhibit 42#43 Exhibit Exhibit 43#44 Exhibit Exhibit 44#45 Exhibit Exhibit 45#46 Exhibit Exhibit 46#47 Exhibit Exhibit 47#48 Exhibit Exhibit 48#49 Exhibit Exhibit 49#50 Exhibit Exhibit 50#51 Exhibit Exhibit 51#52 Exhibit Exhibit 52#53 Exhibit Exhibit 53#54 Exhibit Exhibit 54#55 Exhibit Exhibit 55#56 Exhibit Exhibit 56#57 Exhibit Exhibit 57#58 Exhibit Exhibit 58#59 Exhibit Exhibit 59#60 Exhibit Exhibit 60#61 Exhibit Exhibit 61#62 Proposed Order)(Sterbenz, Christopher) |
| Filing 87 MOTION for Summary Judgment by National Association of State Farm Agents, Inc.. (Sterbenz, Christopher) |
| Filing 86 Rebuttal Brief re #62 First MOTION for Summary Judgment on Plaintiff's Lanham Act Claims filed by David M. Swift, Steve Knapp, Ralph Macks. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10#11 Exhibit 11#12 Exhibit 12#13 Exhibit 13#14 Exhibit 14#15 Exhibit 15)(Goody, Teresa) |
| Filing 85 CERTIFICATE of Service re #79 Memorandum in Opposition to Plaintiff's Motion to Compel by Teresa M. Goody on behalf of David M. Swift, Steve Knapp, Ralph Macks (Goody, Teresa) |
| Filing 84 Memorandum in Opposition re #72 First MOTION to Compel filed by National Association of State Farm Agents, Inc.. (Sterbenz, Christopher) |
| Notice of Correction: re: #79 Memorandum in Opposition. The filing user has been notified to file future documents with the correct signature block.The filing user has been notified to re-file a separate Certificate of Service as the Certificate of Service included does not include a signature block. (pmil, ) |
| Filing 83 Memorandum in Opposition re #69 MOTION to Compel filed by Cliff M. Mueller. (Parrish, James) |
| Filing 82 REPLY to Response to Motion re #69 MOTION to Compel filed by National Association of State Farm Agents, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Reply Brief#2 Exhibit Exhibit 2 to Reply Brief#3 Exhibit Exhibit 3 to Reply Brief#4 Exhibit Exhibit 4 to Reply Brief)(Sterbenz, Christopher) |
| Filing 81 CERTIFICATE of Service re #80 Notice of Appearance by Teresa M. Goody on behalf of David M. Swift, Steve Knapp, Ralph Macks (Goody, Teresa) |
| Filing 80 NOTICE of Appearance by Teresa M. Goody on behalf of David M. Swift, Steve Knapp, Ralph Macks (Goody, Teresa) |
| Filing 79 Memorandum in Opposition re #69 MOTION to Compel filed by David M. Swift, Steve Knapp, Ralph Macks. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6)(Palmer, Karla) |
| Filing 78 CERTIFICATE of Service re #76 Memorandum in Support, by Christopher A. Sterbenz on behalf of National Association of State Farm Agents, Inc. (Sterbenz, Christopher) |
| Filing 77 NOTICE by National Association of State Farm Agents, Inc. re #75 Memorandum in Opposition,,,, (Attachments: #1 Exhibit Exhibit 28 to Opposition to Motion for Summary Judgment)(Sterbenz, Christopher) |
| Notice of Correction: re: #76 Memorandum in Support. The filing user has been notified to file a separate Certificate of Service. (pmil) |
| Reset Deadlines as to #69 MOTION to Compel, #72 First MOTION to Compel. Motion Hearing set for 8/24/2007 at 09:00 AM before Magistrate Judge Barry R. Poretz. (clar, ) |
| Filing 76 Memorandum in Support re #69 MOTION to Compel Errata-Corrected Version without substantive changes, but including all exhibits which are already in possession of defendants) filed by National Association of State Farm Agents, Inc.. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Exhibit Exhibit 4#5 Proposed Order)(Sterbenz, Christopher) |
| Filing 75 Memorandum in Opposition re #62 First MOTION for Summary Judgment on Plaintiff's Lanham Act Claims filed by National Association of State Farm Agents, Inc.. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Exhibit Exhibit 4#5 Exhibit Exhibit 5#6 Exhibit Exhibit 6#7 Exhibit Exhibit 7#8 Exhibit Exhibit 8#9 Exhibit Exhibit 9#10 Exhibit Exhibit 10#11 Exhibit Exhibit 11#12 Exhibit Exhibit 12#13 Exhibit Exhibit 13#14 Exhibit Exhibit 14#15 Exhibit Exhibit 15#16 Exhibit Exhibit 16#17 Exhibit Exhibit 17#18 Exhibit Exhibit 18#19 Exhibit Exhibit19#20 Exhibit Exhibit20#21 Exhibit Exhibit21#22 Exhibit Exhibit 22#23 Exhibit Exhibit 23#24 Exhibit Exhibit 24#25 Exhibit Exhibit 25#26 Exhibit Exhibit 26#27 Exhibit Exhibit 27#28 Exhibit Exhibit 28#29 Exhibit Exhibit 29#30 Exhibit Exhibit 30#31 Exhibit Exhibit 31#32 Exhibit Exhibit 32#33 Exhibit Exhibit 33#34 Exhibit Exhibit 34#35 Exhibit Exhibit 35#36 Exhibit Exhibit 36#37 Exhibit Exhibit 37#38 Exhibit Exhibit 38#39 Exhibit Exhibit 39#40 Exhibit Exhibit 40#41 Proposed Order)(Sterbenz, Christopher) |
| MOTIONS #69 MOTION to Compel, #72 First MOTION to Compel REFERRED to Judge Poretz. (clar, ) |
| Set Deadlines as to #69 MOTION to Compel, #72 First MOTION to Compel. Motion Hearing set for 8/24/2007 at 10:00 AM before Magistrate Judge Barry R. Poretz. (clar, ) |
| Filing 74 Brief in Support to #72 First MOTION to Compel filed by Cliff M. Mueller. (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Proposed Order)(Parrish, James) |
| Filing 73 Notice of Hearing Date set for 082407 re #72 First MOTION to Compel by Cliff M. Mueller (Parrish, James) |
| Filing 72 First MOTION to Compel by Cliff M. Mueller. (Parrish, James) |
| Filing 71 Notice of Hearing Date set for 08/24/2007 re #69 MOTION to Compel by National Association of State Farm Agents, Inc. (Sterbenz, Christopher) |
| Filing 70 Memorandum in Support re #69 MOTION to Compel filed by National Association of State Farm Agents, Inc.. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Proposed Order)(Sterbenz, Christopher) |
| Filing 69 MOTION to Compel by National Association of State Farm Agents, Inc.. (Sterbenz, Christopher) |
| Set Deadlines as to #62 First MOTION for Summary Judgment on Plaintiff's Lanham Act Claims Motion Hearing set for 8/24/2007 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Filing 68 Consent MOTION for Protective Order by National Association of State Farm Agents, Inc.. (Attachments: #1 Proposed Order)(Sterbenz, Christopher) |
| Filing 67 Notice of Hearing Date set for August 24, 2007 re #62 First MOTION for Summary Judgment on Plaintiff's Lanham Act Claims by David M. Swift (Palmer, Karla) |
| Notice of Correction: re: #64 NOTICE. The filing user selected the wrong event. NOTICE was selected and NOTICE OF HEARING DATE should have been selected. The user has been notified to re-file the Notice of Hearing using the correct event. (pmil) |
| Filing 64 NOTICE by David M. Swift, Steve Knapp, Cliff M. Mueller, Ralph Macks re #62 First MOTION for Summary Judgment on Plaintiff's Lanham Act Claims (Palmer, Karla) |
| Filing 63 Brief in Support to #62 First MOTION for Summary Judgment on Plaintiff's Lanham Act Claims filed by David M. Swift, Steve Knapp, Cliff M. Mueller, Ralph Macks. (Attachments: #1 Exhibit A#2 Exhibit b#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H)(Palmer, Karla) |
| Filing 62 First MOTION for Summary Judgment on Plaintiff's Lanham Act Claims by David M. Swift, Steve Knapp, Cliff M. Mueller, Ralph Macks. (Palmer, Karla) |
| Notice of Correction: re: #60 Reply to Response to Motion. The filing user selected the wrong event. Reply to Response to Motion was selected, and Response in Support of Motion should have been selected. The docket has been corrected. (pmil) |
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Filing 66
ORDER, for reasons stated from the Bench, granting in part and denying in part the #32 Motion to Dismiss for Lack of Jurisdiction (see Order for details); granting the #45 Motion to Amend/Correct; further ORDERING that counterclaimants may file an ameded counterclaim by 8/15/07 with a memorandum of law (see Order for details), further ORDERING that putative third party Pltffs' oral motion to withdraw their third party complaint #27 is GRANTED and it is WITHDRAWN, further ORDERED that the putative third party Pltffs' motion [58,59] for leave to amend is DENIED AS MOOT; and Ronald H. Sohn's [51,52] motion to dismiss the putative third party claims against him is DENIED AS MOOT and the oral argument scheduled for 10:00 8/10/07 is CANCELLED. /s/ by Judge T. S. Ellis III on 8/3/07. (tbul, )
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| Filing 65 Minute Entry for proceedings held before Judge T. S. Ellis III: Motion Hearing held on 8/3/2007 re: #45 First MOTION to Amend/Correct Counterclaim filed filed by Steve Knapp, David M. Swift, Ralph Macks, #32 MOTION to Dismiss for Lack of Jurisdiction of Counterclaim of Knapp, Swift, and Macks filed by National Association of State Farm Agents, Inc. Appearances: Christopher Sterbenz for Pltff; Sidney Frank, Jim Parrish and Karla Palmer for Defts. Order to follow. (Court Reporter Rodriquez.) (tbul, ) |
| Filing 60 REPLY BRIEF in Support of #45 First MOTION to Amend/Correct Counterclaim filed filed by David M. Swift, Steve Knapp, Ralph Macks. (Palmer, Karla) Modified on 8/6/2007 to edit text (pmil). |
| Notice of Correction: re: #56 NOTICE and #57 NOTICE. The filing user selected the wrong event. NOTICE was selected and Reply to Response to Motion as to #56 and Memorandum in Opposition as to #57 should have been selected, as well as adding Amended or Corrected to the text of those docket entries. The docket has been corrected. (pmil) |
| Filing 61 THIRD PARTY Summons Issued as to John Sullivan, Gabriel Nazziola, Charles Winderl, Joan Kaminsky, Robert Lamphier, Ronald Sohn. (pmil) |
| Filing 59 NOTICE by David M. Swift, Ralph Macks, Cliff M. Mueller, Steve Knapp re #58 Third Party Complaint,,, of corrected submission of Amended Third Party Complaint to Include Complete Caption (Palmer, Karla) |
| Filing 58 Amended THIRD PARTY COMPLAINT against John Sullivan, Joan Kaminsky, Gabriel Nazziola, Charles Winderl, Robert Lamphier, Ronald Sohn, THIRD PARTY COMPLAINT against John Sullivan, Joan Kaminsky, Gabriel Nazziola, Charles Winderl, Robert Lamphier, Ronald Sohn, filed by Cliff M. Mueller, David M. Swift, Steve Knapp, Ralph Macks.(Palmer, Karla) |
| Filing 57 NOTICE by National Association of State Farm Agents, Inc. re #54 Memorandum in Opposition Errata-Corrected Version (Sterbenz, Christopher) |
| Filing 56 NOTICE by National Association of State Farm Agents, Inc. re #48 Reply to Response to Motion Errata-Corrected Version (Sterbenz, Christopher) |
| Filing 54 Memorandum in Opposition re #45 First MOTION to Amend/Correct Counterclaim filed by Defendants Knapp, Swift, and Macks filed by National Association of State Farm Agents, Inc.. (Sterbenz, Christopher) |
| Filing 53 Memorandum in Support re #50 MOTION to Dismiss for Lack of Jurisdiction Third Party Complaint of Knapp, Swift, and Macks filed by Ronald Sohn. (Attachments: #1 Affidavit Exhibit 1#2 Proposed Order Proposed Order)(Sterbenz, Christopher) Modified on 8/1/2007 to remove duplicate text (pmil). |
| Filing 52 Notice of Hearing Date re #51 MOTION to Dismiss for Lack of Jurisdiction Third Party Complaint of Knapp, Swift, and Macks by Ronald Sohn (Sterbenz, Christopher) |
| Filing 51 MOTION to Dismiss for Lack of Jurisdiction Third Party Complaint of Knapp, Swift, and Macks by Ronald Sohn. (Attachments: #1 Memorandum of Points and Authorities#2 Exhibit Exhibit 1 to Memorandum#3 Proposed Order proposed order)(Sterbenz, Christopher) |
| Filing 50 MOTION to Dismiss for Lack of Jurisdiction Third Party Complaint of Knapp, Swift, and Macks by Ronald Sohn. (Sterbenz, Christopher) |
| Notice of Correction: re: #51 MOTION to Dismiss for Lack of Jurisdiction Third Party Complaint of Knapp, Swift, and Macks. The filing user has been notified to file the document separately for each pleading. The Memorandum in Support should be re-filed again and docketed using the Memorandum in Support event and linking to document #50. The Motion to Dismiss (doc #51) looks as if it is a duplicate to document #50. Lastly, the proposed Order should be an attachment to the Motion to Dismiss (doc #50). (pmil) |
| Set Deadlines as to #51 MOTION to Dismiss for Lack of Jurisdiction Third Party Complaint of Knapp, Swift, and Macks Motion Hearing set for 8/10/2007 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Filing 49 THIRD PARTY SUMMONS Returned Executed as to Robert Lamphier; served on 7/20/2007, answer due 8/9/2007 (pmil) |
| Filing 48 REPLY to Response to Motion re #32 MOTION to Dismiss for Lack of Jurisdiction of Counterclaim of Knapp, Swift, and Macks filed by National Association of State Farm Agents, Inc.. (Attachments: #1 Exhibit Exhibit 1)(Sterbenz, Christopher) |
| Filing 55 ADDENDUM to #29 Discovery Plan, #35 Discovery Plan by John Sullivan, Gabriel Nazziola, Charles Winderl, Ronald Sohn, David M. Swift, National Association of State Farm Agents, Inc., Steve Knapp, Cliff M. Mueller, Ralph Macks (pmil) Additional attachment(s) added on 7/30/2007 (pmil, ). |
| Filing 47 THIRD PARTY SUMMONS Returned Executed as to Ronald Sohn served on 7/19/2007, answer due 8/8/2007 (pmil) |
| Notice of Correction re: #46 Notice of Hearing Date set for Friday, August 3, 2007 re #45 First MOTION to Amend/Correct Counterclaim filed by David M. Swift, Steve Knapp, Ralph Macks. The filing user has been notified to file future documents with the correct signature block on the certificate of service. (stas) |
| #45 First MOTION to Amend/Correct Counterclaim filed by David M. Swift, Steve Knapp, Ralph Macks REFERRED to Judge Barry R. Poretz. (stas) |
| Set Deadline as to #45 First MOTION to Amend/Correct Counterclaim filed by David M. Swift, Steve Knapp, Ralph Macks. Motion Hearing set for 8/3/2007 at 10:00 AM before Judge T.S. Ellis, III. (stas) Modified on 7/23/2007 to reassign motion to Judge T.S. Ellis, III (stas). |
| Filing 46 Notice of Hearing Date set for Friday, August 3, 2007 re #45 First MOTION to Amend/Correct Counterclaim filed by David M. Swift, Steve Knapp, Ralph Macks (Palmer, Karla) |
| Filing 45 First MOTION to Amend/Correct Counterclaim filed by David M. Swift, Steve Knapp, Ralph Macks. (Attachments: #1 Exhibit 1#2 Proposed Order)(Palmer, Karla) |
| Filing 44 Memorandum in Opposition re #32 MOTION to Dismiss for Lack of Jurisdiction of Counterclaim of Knapp, Swift, and Macks filed by David M. Swift, Ralph Macks, Steve Knapp. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10#11 Exhibit 11#12 Exhibit 12#13 Exhibit 13#14 Exhibit 14#15 Exhibit 15#16 Exhibit 16#17 Exhibit 17#18 Exhibit 18#19 Exhibit 19)(Palmer, Karla) |
| Filing 43 Summons Issued as to John Sullivan, Joan Kaminsky, Charles Winderl, Robert Lamphier, Ronald Sohn, David M. Swift. (krob) |
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Filing 42
ORDER that the Hearing is on Pltf's #32 MOTION to Dismiss for Lack of Jurisdiction is cont'd one week to 8/3/2007 at 10:00 AM before District Judge T. S. Ellis III. Signed by Judge T. S. Ellis III on 7/13/07. (agil)
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| Per BRP chambers motions set for 7/13/07 have been removed (clar, ) |
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Filing 41
ORDER for Pro hac vice of Sidney Lawrence Frank; Filing fee $ 50.00, receipt number 100002211. Signed by Judge Barry R. Poretz on 07/11/07. (Attachments: #1 Receipt)(pmil)
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Filing 40
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference - see order for details.. Signed by Judge Barry R. Poretz on 7/11/2007. (agol, )
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| Filing 39 Minute Entry for proceedings held before Judge Barry R. Poretz : Initial Pretrial Conference held on 7/11/2007.Appearances: Counsel for Pltf. & Deft. Deft.'s discovery plan approved. Order to be entered. (agol, ) |
| Filing 38 AFFIDAVIT re #33 Memorandum in Support, Executed by Robert E. O'Connor, Jr. by National Association of State Farm Agents, Inc.. (Sterbenz, Christopher) |
| Filing 37 Memorandum in Support re #36 MOTION to Compel Production of Initial Disclosures by Defendant Mueller filed by National Association of State Farm Agents, Inc.. (Attachments: #1 Proposed Order)(Sterbenz, Christopher) |
| Filing 36 MOTION to Compel Production of Initial Disclosures by Defendant Mueller by National Association of State Farm Agents, Inc.. (Sterbenz, Christopher) |
| Filing 35 Discovery Plan by David M. Swift, Steve Knapp, Cliff M. Mueller, Ralph Macks.(Parrish, James) |
| Set Deadlines as to #32 MOTION to Dismiss for Lack of Jurisdiction of Counterclaim of Knapp, Swift, and Macks Motion Hearing set for 7/27/2007 at 10:00 AM before District Judge T. S. Ellis III. (clar, ) |
| Filing 34 Notice of Hearing Date re #32 MOTION to Dismiss for Lack of Jurisdiction of Counterclaim of Knapp, Swift, and Macks by National Association of State Farm Agents, Inc. (Sterbenz, Christopher) |
| Filing 33 Memorandum in Support re #32 MOTION to Dismiss for Lack of Jurisdiction of Counterclaim of Knapp, Swift, and Macks filed by National Association of State Farm Agents, Inc.. (Attachments: #1 Affidavit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Exhibit Exhibit 4#5 Exhibit Exhibit 5#6 Proposed Order)(Sterbenz, Christopher) |
| Filing 32 MOTION to Dismiss for Lack of Jurisdiction of Counterclaim of Knapp, Swift, and Macks by National Association of State Farm Agents, Inc.. (Sterbenz, Christopher) |
| Notice of Correction: RE: #29 Discovery Plan, #30 MOTION to Compel Against Defendant Mueller, #31 Notice of Hearing Date. The filing user has been notified to file future documents with the correct signature block as to the document and the Certificate of Service. Fax number was omitted from the required nine-element signature block. Also, the Memorandum In Support of the Motion to Compel was docketed as an attachment to the Motion and should have been docketed separately, linking to the Motion. It is not necessary to re-file anything at this time. (pmil, ) |
| Set Deadlines as to #30 MOTION to Compel Against Defendant Mueller Motion Hearing set for 7/13/2007 at 10:00 AM before Magistrate Judge Barry R. Poretz. (clar, ) |
| MOTIONS #30 MOTION to Compel Against Defendant Mueller REFERRED to Judge Poretz. (clar, ) |
| Filing 31 Notice of Hearing Date set for 07/13/2007 re #30 MOTION to Compel Against Defendant Mueller by National Association of State Farm Agents, Inc. (Sterbenz, Christopher) |
| Filing 30 MOTION to Compel Against Defendant Mueller by National Association of State Farm Agents, Inc.. (Attachments: #1 Memorandum of Points and Authorities#2 Exhibit Exhibit 1#3 Exhibit Exhibit 2#4 Exhibit Exhibit 3#5 Exhibit Exhibit 4#6 Exhibit Exhibit 5#7 Proposed Order)(Sterbenz, Christopher) |
| Filing 29 Discovery Plan by National Association of State Farm Agents, Inc..(Sterbenz, Christopher) |
| Filing 28 RESPONSE to Discovery Request from Mueller by Cliff M. Mueller.(Parrish, James) |
| Filing 27 THIRD PARTY COMPLAINT against John Sullivan, Joan Kaminsky, Gabriel Nazziola, Charles Winderl, Robert Lamphier, Ronald Sohn, THIRD PARTY COMPLAINT against John Sullivan, Joan Kaminsky, Gabriel Nazziola, Charles Winderl, Robert Lamphier, Ronald Sohn, filed by David M. Swift, Steve Knapp, Ralph Macks.(Palmer, Karla) |
| Notice of Correction: RE: #25 Answer to Complaint, Counterclaim. The entry represents a Counterclaim being filed within the document. Document does not contain a Counterclaim. The docket text has been modified to reflect the actual document filed; RE: #26 Answer to Complaint, Counterclaim. The filing user selected the wrong event. Answer to Complaint was selected, and Counterclaim should have been selected. The docket text has been modified to reflect the actual document filed. (pmil) |
| Filing 26 COUNTERCLAIM with Jury Demand against National Association of State Farm Agents, Inc. by David M. Swift, Steve Knapp, Ralph Macks.(Palmer, Karla) Modified on 6/21/2007 to delete text to reflect actual document filed (pmil). |
| Filing 25 Defendants' Macks, Knapp and Swift's ANSWER to Complaint with Jury Demand as to NASFA's First Amended Complaint, by David M. Swift, Steve Knapp, Ralph Macks.(Palmer, Karla) Modified on 6/21/2007 to delete text to reflect the actual document filed(pmil). |
| Filing 24 ANSWER to AMENDED COMPLAINT FIRST AMENDED COMPLAINT against all defendants, filed by National Association of State Farm Agents, Inc. (CORRECTED) filed by Cliff M. Mueller.(Parrish, James) |
| Notice of Correction re #24 Answer to Amended Complaint was modified to link to the amended complaint due to a system error. (ltun, ) |
| Notice of Correction: RE: #20 NOTICE. Document number 20 does not reflect the filing attorney's signature, James R. Parrish, counsel for Deft Mueller, as to using the '/s/'. No further action is required at this time. (pmil) |
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Filing 23
SCHEDULING ORDER: Initial Pretrial Conference set for 7/11/2007 at 10:00 AM before Magistrate Judge Barry R. Poretz. Final Pretrial Conference set for 9/20/2007 at 11:00 AM before District Judge T. S. Ellis III. Discovery due by 9/14/2007. Signed by Judge T. S. Ellis III on 06/01/07. (Attachments: #1 Pretrial Notice#2 Magistrate Consent Form)(pmil)
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Filing 22
ORDER upon the #14 Motion for Preliminary Injunction, that for reasons stated from the bench, and all Defts' stipulating and consenting to the entry of this Order, Defts are ORDERED to refrain from using the NASFA membership mailing list and from holding themselves out as representing NASFA, and are ORDERED to immediately return all copies of the NASFA membership mailing list and not provide it to any third party or retain any form of copy. Signed by Judge T. S. Ellis III on 5/31/07. Mailed: By Hand, per the Court (tbul, )
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| Filing 21 Minute Entry for proceedings held before Judge T. S. Ellis III: Motion Hearing called on 5/31/2007 re: #14 MOTION for Preliminary Injunction filed by National Association of State Farm Agents, Inc. Parties informed the Court they had resolved the matter and their draft Order was entered and filed. Court advised parties that a scheduling order will now issue, and directed them to try to settle the case in the meantime. (Court Reporter Rodriquez.) (tbul, ) |
| Filing 20 NOTICE by David M. Swift, Steve Knapp, Cliff M. Mueller, Ralph Macks of Stipulation to Order on Preliminary Injunction (Palmer, Karla) |
| Filing 19 NOTICE by National Association of State Farm Agents, Inc. PRAECIPE SUGGESTING COURT TREAT MOTION FOR PRELIMINARY INJUNCTION AS CONCEDED (Sterbenz, Christopher) |
| Filing 18 NOTICE of Appearance by James Robert Parrish on behalf of Cliff M. Mueller (Parrish, James) |
| Filing 17 NOTICE of Appearance by Karla Lynn Palmer on behalf of David M. Swift, Steve Knapp, Ralph Macks (Palmer, Karla) |
| Filing 16 CASH TRO BOND in the amount of $ 5,000.00 posted by National Association of State Farm Agents, Inc. and placed in the Registry of the Court. Receipt No. 100001057. (pmil) |
| Notice of Correction: re: #14 MOTION for Preliminary Injunction The filing user has been notified to file the Memorandum in Support of the Motion as a separate document in future filings. No re-file necessary.(pmil) |
| Filing 15 Notice of Hearing Date set for May 31, 2007 re #14 MOTION for Preliminary Injunction by National Association of State Farm Agents, Inc. (Sterbenz, Christopher) |
| Filing 14 MOTION for Preliminary Injunction by National Association of State Farm Agents, Inc. (together w/Memorandum in Support) (Attachments: #1 Exhibit Exhibit 1 Sohn Affidavit#2 Exhibit Exhibit 2 O'Connor Affidavit#3 Exhibit Exhibit 3 - Defendants' Infringing Letter#4 Exhibit Exhibit 4#5 Exhibit Exhibit 5#6 Exhibit Exhibit 6 - Trademark Registration Documents#7 Proposed Order)(Sterbenz, Christopher) Modified on 5/24/2007 to edit text to reflect Memorandum in Support included within this document(pmil). |
| Filing 12 AMENDED COMPLAINT FIRST AMENDED COMPLAINT against all defendants, filed by National Association of State Farm Agents, Inc. (CORRECTED)(Sterbenz, Christopher) Modified on 5/23/2007 to edit text to reflect that this is the corrected version (pmil). |
| Filing 11 AMENDED COMPLAINT FIRST AMENDED COMPLAINT against all defendants, filed by National Association of State Farm Agents, Inc..(Sterbenz, Christopher) |
| Set Deadlines as to #14 MOTION for Preliminary Injunction Motion Hearing set for 5/31/2007 at 01:00 PM before District Judge T. S. Ellis III. (clar, ) |
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Filing 13
ORDER granting the #4 Motion for TRO, for reasons stated herein, from the bench, and for good cause shown, and RESTRAINING and ENJOINING Defts ORDERED as follows: Defts must return all copies of the confidential NASFA mailing list, cease use of the confidential NASFA mailing list until further Order of this Court, and post a $5,000 bond pursuant to Rule 65(c), Fed. R. Civ. P., with any hearing on a motion for a preliminary injunction to be held at 1:00 on Thurs., 5/31/07. Signed by Judge T. S. Ellis III on 5/18/07. (tbul, )
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| Set/Reset Hearings: Motion Hearing (on any prelimininary injunction motion) set for 5/31/2007 at 01:00 PM before District Judge T. S. Ellis III. (tbul, ) |
| Filing 10 SUMMONS Returned Executed as to David M. Swift served on 5/15/2007, answer due 6/4/2007 (Attachments: #1 Cover letter)(pmil) |
| Filing 9 Minute Entry for proceedings held before Judge T. S. Ellis III: Motion Hearing held on 5/18/2007 re: #4 Emergency MOTION for Temporary Restraining Order filed by National Association of State Farm Agents, Inc. Appearances: Counsel for Pltff and Deft. Heard, findings stated and granted for 10 days, to be extended if warranted. Deft must give lists to counsel for Pltff and is enjoined from holding himself out as a rep. $5,000 bond or surety to be posted Monday. TRO to issue on Monday. Court will hear the PI on Thurs. May 31 at 1:00. (Court Reporter Rodriquez.) (tbul, ) |
| Notice of Correction: The filing user has been notified to file future documents with the correct signature block as to the Certificate of Service. re: #4 Emergency MOTION for Temporary Restraining Order, #5 Notice of Hearing Date. Also, the filing user has been notified that the Motion entry/text should correspond with the pleading/document filed (document/pleading is not titled as an "EMERGENCY" MOTION but the docket entry submitted indicates that it is indeed an "EMERGENCY") and the Memorandum of Points and Authorities should be referenced in the docket text with the Motion as well, or, docketed separately. re: #4 Emergency MOTION for Temporary Restraining Order (pmil) |
| Filing 8 SUMMONS Returned Executed as to Cliff M. Mueller served on 5/15/2007, answer due 6/4/2007 (pmil) Additional attachment(s) added on 5/18/2007 (pmil, ). |
| Filing 5 Notice of Hearing Date re #4 Emergency MOTION for Temporary Restraining Order by National Association of State Farm Agents, Inc. (Sterbenz, Christopher) |
| Set Deadlines as to #4 Emergency MOTION for Temporary Restraining Order Motion Hearing set for 5/18/2007 at 01:00 PM before District Judge T. S. Ellis III. (clar, ) |
| Filing 7 SUMMONS Returned Executed as to Steve Knapp served on 5/15/2007, answer due 6/4/2007 (pmil) |
| Filing 6 SUMMONS Returned Executed as to Ralph Macks served on 5/15/2007, answer due 6/4/2007 (pmil) |
| Filing 4 Emergency MOTION for Temporary Restraining Order by National Association of State Farm Agents, Inc.. (Attachments: #1 Proposed Order Proposed Temporary Restraining Order#2 Affidavit Exhibit 1, Affidavit of NASFA Executive Director#3 Affidavit Exhibit 2 - Affidavit of NASFA General Counsel#4 Exhibit Exhibit 3 - Copy of Defendants' Infringing Letter and Documents#5 Exhibit Exhibit 4#6 Exhibit Exhibit 5#7 Exhibit Exhibit 6 - Plaintiff's Trademark Registration Documents)(Sterbenz, Christopher) |
| Filing 3 Financial Interest Disclosure Statement (Local Rule 7.1) by National Association of State Farm Agents, Inc. (pmil) |
| Filing 2 Summons Issued for service by SPS as to Steve Knapp, Cliff M. Mueller, Ralph Macks, David M. Swift. (pmil) |
| Filing 1 COMPLAINT against Steve Knapp, Cliff M. Mueller, Ralph Macks, David M. Swift (Filing fee $ 350.00 receipt number 100000875), filed by National Association of State Farm Agents, Inc. (Attachments: #1 Civil Cover Sheet #2 Receipt)(pmil) Additional attachment(s) added on 9/11/2007 (pmil, ). |
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