Century Payroll, et al v. Rapid Payroll, et al
Plaintiff: Century Payroll, Inc. and CBIZ Benefits & Insurance Services, Inc.
Defendant: Rapid Payroll, Inc. and Paychex, Inc.
Case Number: 7:2001cv00831
Filed: October 23, 2001
Court: US District Court for the Western District of Virginia
Presiding Judge: James C Turk
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 7, 2002. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2002 Transcript of Motions hearing on 2/7/02 Rec. and forwarded to CD/CA for docketing; Court Reporter Clara Whitlock (lmh)
March 4, 2002 Original Case file rec. in the Central Dist. of California on 2/19/02 (lmh)
February 12, 2002 Entire case file sent to Central District of California, Western Division, Los Angeles by UPS this date (rkc)
February 7, 2002 Interdistrict transfer to Central District of California, Western Division, Los Angeles (rkc)
February 7, 2002 Filing 33 AMENDED COMPLAINT by CBIZ BENEFITS & INSURANCE SERVICES, INC. amending [1-1] complaint (rkc)
February 7, 2002 Opinion or Order Filing 32 ORDER a) Granting [26-1] motion For Leave to Amend [1-1] complaint; b) Granting [13-2] motion to Change Venue and transferring case to the USDC Central District of CA; and c) defts will have 20 days to answer the Amended Complaint ( signed by Judge James C. Turk ) [EOD Date 2/7/02] (rkc)
February 7, 2002 COURT HEARING: Court heard arguments on pltf's [26-1] Motion For Leave to Amend [1-1] Complaint. Court will allow Amended Complaint to be filed. Case will then be transferred to USDC Central District of California. (Judge James C Turk; OCR Clara Whitlock) (rkc)
February 6, 2002 Filing 31 REPLY by Century Payroll to defts' [28-1] Opposition to pltf's Supp Brief in Opposition to deft's Motion to Dismiss or to Transfer Venue, and Brief in Support of pltf's Motion for Leave to Amend Complaint (rkc)
February 6, 2002 REPLY by Century Payroll to defts' [28-1] Opposition to Pltf's Supplemental Brief in Opposition to Deft's Motion to Dismiss or in the Alternative to Transfer Venue (rkc)
January 25, 2002 Filing 30 TRANSCRIPT of Evidentiary Hearing on pltf's Motion for Preliminary Injunction for date of 12/18/01 (OCR Clara Whitlock) (rkc)
January 18, 2002 Filing 29 NOTICE of Hearing Motion Hearing set for 3:00 2/7/02 for [26-1] motion For Leave to Amend [1-1] complaint by Century Payroll (emh)
January 11, 2002 Filing 28 RESPONSE by Paychex, Inc., Rapid Payroll to Century's [27-1] brief in Opposition to Deft RPI's Motion to Dismiss or, in the Alternative, to Transfer Venue (rkc)
December 21, 2001 Filing 27 BRIEF in Support of [26-1] motion For Leave to Amend [1-1] complaint by Century Payroll (rkc)
December 21, 2001 Filing 26 MOTION For Leave to Amend [1-1] complaint by Century Payroll (rkc)
December 18, 2001 COURT HEARING: Hearing on pltf's Motion for Preliminary Injunction. Pltf adduced evidence/witnesses/exhibits and rested. Deft introduced exhibits and rested. Counsels' comments re: mediation. Comments by court. Pltf moved for TRO to remain in place. Court will allow TRO to expire. (Judge James C Turk; OCR Clara Whitlock) (rkc)
December 17, 2001 Filing 25 RESPONSE by Century Payroll in Opposition to [23-1] motion to Compel Discovery by Paychex, Inc., Rapid Payroll (rkc)
December 14, 2001 Filing 24 NOTICE of Hearing Motion Hearing set for 1:00 12/18/01 for [23-1] motion to Compel Discovery, for [13-1] motion to Dismiss, for [13-2] motion to Change Venue, for [10-1] motion to Dismiss, for [3-1] motion for Preliminary Injunction by Rapid Payroll, Paychex, Inc. (rkc)
December 14, 2001 Filing 23 MOTION to Compel Discovery by Rapid Payroll, Paychex, Inc. (rkc)
December 13, 2001 Filing 22 BRIEF by Century Payroll in Opposition to [13-1] motion to Dismiss, [13-2] motion to Change Venue by Rapid Payroll (rkc)
December 5, 2001 Filing 21 REPLY by Century Payroll to Defts' [15-1] memorandum of law in opposition to pltf's motion for preliminary injunction (rkc)
December 5, 2001 Filing 20 BRIEF by Century Payroll in Opposition to [13-1] motion to Dismiss by Rapid Payroll (rkc)
November 28, 2001 Filing 19 POSITIVE CORPORATE DISCLOSURE STATEMENT by Paychex, Inc. (rkc)
November 28, 2001 Filing 18 POSITIVE CORPORATE DISCLOSURE STATEMENT by Rapid Payroll (rkc)
November 27, 2001 Opinion or Order Filing 17 ORDER, Amending [8-1] order and previous orders as follows , Pltf to serve Reply Brief on/before 12/5/01 , Defts withdraw their Motion for expedited discovery and Provisions of TRO shall remain in force until Motion Hearing set for 1:00 12/18/01 for [3-1] motion for Preliminary Injunction ( signed by Judge James C. ) [EOD Date 11/27/01] (rkc)
November 20, 2001 AFFIDAVITS of Delayne Chowen, Sally Grigsby, and Austin Fisher by Paychex, Inc. Re: [12-1] opposition memorandum by Paychex, Inc. (Attached to #12-1) (emh)
November 16, 2001 Filing 16 NOTICE of Hearing Motion Hearing set for 2:00 11/21/01 for [7-1] motion to Shorten Plaintiff's Time to Respond to Defendant's First Requests to Plaintiff for the Production of Documents and First Interrogatories by Rapid Payroll, Paychex, Inc. (lmh)
November 16, 2001 Filing 15 MEMORANDUM by Rapid Payroll in opposition to [3-1] motion for Preliminary Injunction by Century Payroll (lmh)
November 16, 2001 Filing 14 MEMORANDUM by Rapid Payroll in support of [13-1] motion to Dismiss by Rapid Payroll, [13-2] motion to Change Venue by Rapid Payroll (lmh)
November 16, 2001 Filing 13 BRIEF by Rapid Payroll in Opposition to [3-1] motion for Preliminary Injunction by Century Payroll (lmh)
November 16, 2001 Filing 12 MEMORANDUM by Paychex, Inc. in opposition to [3-1] motion for Preliminary Injunction by Century Payroll (lmh)
November 16, 2001 Filing 11 MEMORANDUM by Paychex, Inc. in support of [10-1] motion to Dismiss by Paychex, Inc. (lmh)
November 16, 2001 Filing 10 BRIEF by Paychex, Inc. in Opposition to [3-1] motion for Preliminary Injunction by Century Payroll (lmh)
November 8, 2001 Filing 9 POSITIVE CORPORATE DISCLOSURE STATEMENT by Century Payroll (rkc)
November 8, 2001 Opinion or Order Filing 8 ORDER ent. 11/7/01 Resetting Brief deadline for defts. relating to the TRO and Motion for Preliminary Injunction to on/before 11/16/01 , Resetting Response Due Deadline for pltfs. to 11/28/01 and whatever else as set forth in Item 2 of Order as to to TRO ent. 10/23/01 ( signed by Judge James C. Turk ) [EOD Date 11/8/01] (emh)
November 6, 2001 Filing 7 MOTION to Shorten Plaintiff's Time to Respond to Defendant's First Requests to Plaintiff for the Production of Documents and First Interrogatories by Rapid Payroll, Paychex, Inc. (Attorney William Raymond Rakes, James H. Rodio, Martin J. Jaron Jr., Jennifer A. Short) (rkc)
November 6, 2001 CORPORATE DISCLOSURE LETTER; Response due 11/9/01 for Century Payroll (rkc)
November 6, 2001 CORPORATE DISCLOSURE LETTER; Response due 11/9/01 for Paychex, Inc., for Rapid Payroll (rkc)
November 6, 2001 Magistrate's Notice (rkc)
October 31, 2001 Opinion or Order Filing 6 ORDER, Amending and Modifying [5-1] Temporary Restraining Order as set forth in the order, Setting Briefing schedule , Hearing set for 10:30 11/16/01 for [3-1] motion for Preliminary Injunction ( signed by Judge James C. Turk ) [EOD Date 10/31/01] (rkc)
October 29, 2001 ORIGINAL, SIGNED AFFIDAVITS of Geoff Duke, Brian Murphy, Hunter Scott, and Keith Holland by Century Payroll Re: [4-1] brief by Century Payroll (emh)
October 25, 2001 SUMMONS(ES) issued for Rapid Payroll, Paychex, Inc. (rkc)
October 23, 2001 Opinion or Order Filing 5 TEMPORARY RESTRAINING ORDER granting [2-1] motion for Temporary Restraining Order; Enjoining deft Paychex for 10 days; Pltf will post $1,000 Bond ; Restraining Order to remain in force until injunction hearing; Motion Hearing set for 2:00 11/30/01 in Harrisonburg Division for [3-1] motion for Preliminary Injunction; and whatelse as set forth in the order ( signed by Judge James C. Turk ) [EOD Date 10/23/01] (rkc)
October 23, 2001 Filing 4 BRIEF in Support of [2-1] motion for Temporary Restraining Order and [3-1] motion for Preliminary Injunction by Century Payroll (rkc)
October 23, 2001 Filing 3 MOTION for Preliminary Injunction by Century Payroll (rkc)
October 23, 2001 Filing 2 MOTION for Temporary Restraining Order by Century Payroll (rkc)
October 23, 2001 Filing 1 COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF. Filing Fee $150.00 Receipt # 107613. 100 Day Notice due 1/31/02 for Paychex, Inc., for Rapid Payroll. Service due 2/20/02 for Paychex, Inc., for Rapid Payroll (rkc)
October 23, 2001 BOND posted ($1,000.00 - Receipt #107615) by Century Payroll (rkc)

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Plaintiff: Century Payroll, Inc.
Represented By: Robert Michael Doherty
Represented By: William B. Poff
Represented By: Frederick Wilson Chockley
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Plaintiff: CBIZ Benefits & Insurance Services, Inc.
Represented By: Frederick Wilson Chockley
Represented By: Robert Michael Doherty
Represented By: William B. Poff
Represented By: Peder A. Garske
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Defendant: Rapid Payroll, Inc.
Represented By: James Herr Rodio
Represented By: Jennifer A. Short
Represented By: Martin J. Jaron, Jr.
Represented By: William Raymond Rakes
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Defendant: Paychex, Inc.
Represented By: Jennifer A. Short
Represented By: Martin J. Jaron, Jr.
Represented By: William Raymond Rakes
Represented By: James Herr Rodio
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