EB Publishing, Inc. v. ApplianceRepair.net et al
| appliancerepair.net and Adrian Bursill |
| EB Publishing, Inc. |
| Citibank, N.A. |
| 1:2019cv00589 |
| May 15, 2019 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| Michael S Nachmanoff |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.
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Filing 34
ORDER granting #31 Motion for Release of Bond Obligation. Signed by District Judge Leonie M. Brinkema on 7/9/2019. (rban, )
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| Filing 33 Waiver of re #31 MOTION for Release of Bond Obligation , #32 Memorandum in Support Waiver of Hearing by EB Publishing, Inc. (Westreich, Jonathan) |
| Filing 32 Memorandum in Support re #31 MOTION for Release of Bond Obligation filed by EB Publishing, Inc.. (Attachments: #1 Proposed Order)(Westreich, Jonathan) |
| Filing 31 MOTION for Release of Bond Obligation by EB Publishing, Inc.. (Westreich, Jonathan) |
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Filing 30
SO ORDERED re #27 Motion to Voluntarily Dismiss without Prejudice. Signed by District Judge Leonie M. Brinkema on 7/1/2019. (aott,c/m 7/1/2019)
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| Filing 29 Waiver of re #27 MOTION to Voluntarily Dismiss with Roseboro,., #28 Memorandum in Support Waiver of Hearing by EB Publishing, Inc. (Westreich, Jonathan) |
| Filing 28 Memorandum in Support re #27 MOTION to Voluntarily Dismiss with Roseboro,. filed by EB Publishing, Inc.. (Attachments: #1 Proposed Order)(Westreich, Jonathan) |
| Filing 27 MOTION to Voluntarily Dismiss with Roseboro,. by EB Publishing, Inc.. (Westreich, Jonathan) |
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Filing 26
SCHEDULING ORDER: Initial Pretrial Conference set for 7/17/2019 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. Discovery due by 11/15/2019. Final Pretrial Conference set for 11/21/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 6/2719. (Attachments: #1 Mag.Consent, #2 Pretrial Notice)(yguy)
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Filing 25
ORDER: For the reasons stated in open court, it is hereby ORDERED that that the preliminary injunction issued on June 7, 2019 [Dkt. No. 12] be and is VACATED; and it is further ORDERED that this Court's Order requiring Citibank to show cause why it should not be held in contempt of court [Dkt. No. 13] be and is VACATED; and it is further ORDERED that plaintiffs Motion for Leave to Serve Process by Email and Publication [Dkt. No. 14] be and is DENIED AS MOOT.Signed by District Judge Leonie M. Brinkema on 6/21/19. (c/s)(yguy)
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| Filing 24 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 6/21/2019. Appearances of counsel. Court advised of case status. Pltf's #14 MOTION for Service by Publication is argued and DENIED AS MOOT. Preliminary Injunction and show cause are vacated. (order to follow) (Court Reporter A. Thomson.)(yguy) |
| Filing 23 CERTIFICATE of Service Corrected re #22 Response by Jonathan Donald Westreich on behalf of EB Publishing, Inc. (Westreich, Jonathan) |
| Filing 22 Response to Rule to Show Cause Re: Defendant Bursill filed by EB Publishing, Inc.. (Attachments: #1 Affidavit, #2 Exhibit)(Westreich, Jonathan) |
| Filing 21 Financial Interest Disclosure Statement (Local Rule 7.1) by Citibank, N.A.. (Liff, Laura) |
| Filing 20 Response to #13 Order on Motion for Order to Show Cause,,,, filed by Citibank, N.A.. (Attachments: #1 Affidavit of Polly A. Wagner, #2 Exhibit 1 to Affidavit of Polly A. Wagner, #3 Exhibit 2 to Affidavit of Polly A. Wagner, #4 Exhibit 3 to Affidavit of Polly A. Wagner, #5 Exhibit 4 to Affidavit of Polly A. Wagner, #6 Exhibit 5 to Affidavit of Polly A. Wagner)(Liff, Laura) |
| Filing 19 ANSWER to Complaint by Adrian Bursill.(rban, ) |
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Filing 18
ORDERED that in deference to Bursill's pro se status, the Clerk of the Court is directed to file the contents of Appendix A as Bursill's answer to the complaint; that Bursill must file any future pleadings, motions, and any other documents to this litigation in hard copy with the Clerk of Court; that plaintiff show cause no later than 6/21/2019 why the preliminary injunction entered on 6/7/2019 should not be lifted in light of the statements in th attachments to, Bursill's emails. See Order for further details. Signed by District Judge Leonie M. Brinkema on 6/10/2019. (rban, copy mailed and emailed)
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| Filing 17 CERTIFICATE of Service re #13 Order on Motion for Order to Show Cause,,,, by Jonathan Donald Westreich on behalf of EB Publishing, Inc. (Westreich, Jonathan) |
| Filing 16 Waiver of re #14 MOTION for Service by Publication Waiver of Hearing by EB Publishing, Inc. (Westreich, Jonathan) |
| Filing 15 Memorandum in Support re #14 MOTION for Service by Publication filed by EB Publishing, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order)(Westreich, Jonathan) |
| Filing 14 MOTION for Service by Publication by EB Publishing, Inc.. (Westreich, Jonathan) |
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Filing 13
ORDER: EB Publishing, Inc. ("EB" or "plaintiff) has moved for an order to show cause against third-party Citibank, arguing that even though counsel for plaintiff had served Citibank with a copy of this Court's temporary restraining order [Dkt. No. 6], Citibank did not comply with the order, apparently based on an argument that service was improper. After a review of EB's motion, the Court finds that there is good cause for such an order. Accordingly, plaintiffs Motion for a Rule to Show Cause Against Citibank [Dkt. No. 8] is GRANTED, and it is hereby ORDERED that Citibank show cause, at a hearing on Friday, June 21,2019, at 10:00 AM, why it should not be held in contempt of court for failure to comply with the Court's May 28, 2019 temporary restraining order; and it is further ORDERED that counsel for plaintiff send a copy of this Order to the Citibank counsel with whom he has communicated and another copy to Citi Group, Inc. at the Wilmington,Delaware address mentioned in plaintiffs motion.Signed by District Judge Leonie M. Brinkema on 6/7/19. (yguy)
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Filing 12
ORDER: On June 7,2019, the Court held a hearing to determine whether the temporary restraining order granted on May 28, 2019 [Dkt. No. 6] should be converted into a preliminary injunction. No representative appeared on behalf of either defendant. Counsel for EB Publishing, Inc. ("EB" or "plaintiff) explained that although defendant Adrian Bursill ("Bursill") recentlytransferred control over the internet domain name ApplianceRepair.net (the "Domain Name") back to plaintiff, Bursill has not transferred any of the funds plaintiff alleges were stolen in Bursill's scheme. In light of plaintiffs representations, the existing record, and the fact that Bursill has not responded to or opposed the Court's Order, the Court finds that a preliminary injunction should be issued.' Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that Bursill, along with any persons orentities acting on behalf of or in concert with Bursill, be and is ENJOINED from using the ApplianceRepair.net mark or any confusingly similar trademarks on or in connection with any internet websites owned, operated, or controlled by Bursill (see order for details). Signed by District Judge Leonie M. Brinkema on 6/7/19. (yguy)
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| Filing 11 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Docket Call re Motion to Convert Temporary Restraining Order into a Preliminary Injunction held on 6/7/2019. Appearance of pltf counsel. Deft did not appear. Motion is argued and GRANTED. (order to follow) (Court Reporter A. Thomson.)(yguy) |
| Filing 10 Notice of Hearing Date re #8 MOTION for Order to Show Cause (Westreich, Jonathan) |
| Filing 9 Memorandum in Support re #8 MOTION for Order to Show Cause filed by EB Publishing, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit)(Westreich, Jonathan) |
| Filing 8 MOTION for Order to Show Cause by EB Publishing, Inc.. (Westreich, Jonathan) |
| Set Deadlines as to #8 MOTION for Order to Show Cause . Motion Hearing set for 6/14/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (klau, ) |
| Set/Reset Hearings: Show Cause Hearing set for 6/21/2019 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (yguy) |
| Filing 7 Deposit of : $ 5,000.00, receipt number 14683078878, per 5/28/2019 Court Order. SEE DE#6 . (acha, ) |
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Filing 6
ORDER - Accordingly, plaintiffsEx Parte Motion for a Temporary Restraining Order, Order Freezing Accounts & Assets, for Expedited Discovery and Order to Show Cause Regarding Preliminary Injunction [Dkt. No. 2] is GRANTED, and it is hereby ORDERED, ADJUDGED, and DECREED that Bursill, along with any persons or entities acting on behalf of or in concert with Bursill, be and is ENJOINED; and it is further ORDERED, ADJUDGED, and DECREED that Bursill, along with any persons orentities acting on behalf of or in concert with Bursill, be and is ENJOINED from any further use of the AppIianceRepair.net mark; and it is further ORDERED, ADJUDGED, and DECREED that Bursill, along with any persons orentities acting on behalf of or in concert with Bursill, be and is ENJOINED from transferring,disposing of, destroying, encumbering, or otherwise secreting any accounts or assets holding funds related or otherwise linked to the Domain Name; and it is further ORDERED that any bank or financial institution holding or possessing accounts or assets as described above must provide to plaintiff the following information as soon as practicable: (i) the identity, including the bank name and location, of the account holder and account number linked to, associated with, or receiving deposits from any of defendant Bursill's accounts with Google, Inc. or Google AdSense and (ii) the account holder, address, or contact information and current balance for each account described in subpart (i); and it is further ORDERED that the existing top-level domain registries for the Domain Name must change the registrar of record for the domain names associated with the ApplianceRepair.net mark to reflect that plaintiff is the owner; and it is further ORDERED that plaintiff post a bond or surety in the amount of $5,000 by close of business on Wednesday, May 29, 2019; and it is further ORDERED that a hearing on this matter is scheduled for Friday, June 7, 2019, at 10:00 AM, to address whether it is appropriate to convert this temporary restraining order into a preliminary injunction; and it is further ORDERED that this Order shall remain in full force and effect for 21 days after its date of entry. Signed by District Judge Leonie M. Brinkema on 5/28/2019. (See order for further details). (acha, )
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| Set/Reset Deadlines as to Motion Hearing set for 6/7/2019 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (acha, ) |
| Filing 5 Notice of Waiver of Oral Argument MOTION for Temporary Restraining Order Waiver of Hearing by EB Publishing, Inc.. (Westreich, Jonathan) Modified on 5/21/2019 to correct filing error (acha, ). |
| Notice of Correction re #4 MOTION for Temporary Restraining Order Proposed Order. The filing user has been notified to file a Notice of Hearing Date or a Waiver of Oral Argument. (acha, ) |
| Filing 4 Notice(PROPOSED ORDER) re: MOTION for Temporary Restraining Order Proposed Order by EB Publishing, Inc. (Westreich, Jonathan) Modified on 5/21/2019 to correct filing error (acha, ). |
| Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Michael S. Nachmanoff. (acha, ) |
| Filing 3 Memorandum in Support re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by EB Publishing, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Affidavit, #5 Affidavit, #6 Affidavit)(Westreich, Jonathan) |
| Filing 2 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by EB Publishing, Inc.. (Westreich, Jonathan) |
| Filing 1 Complaint ( Filing fee $ 400, receipt number 0422-6641541.), filed by EB Publishing, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Westreich, Jonathan) |
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