Olympic Ophthalmics Inc v. Gertner
| Olympic Ophthalmics Inc |
| Michael Gertner |
| 2:2024cv02074 |
| December 16, 2024 |
| U.S. District Court for the Western District of Washington |
| Ricardo S Martinez |
| Trademark |
| 28 U.S.C. ยง 1331 Fed. Question: Trademark |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 MINUTE ORDER re: MOTION to Dismiss for Failure to State a Claim and Counterclaims, filed by Defendant Michael Gertner. Noting Date set for 3/13/2025.The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, United States District Judge: On September 13, 2025, pro se Defendant Gertner filed a Motion to Dismiss and Counterclaims. Dkt. #19. This filing improperly moves to dismiss and pleads counterclaims, which must be filed in a separate pleading. The filing also fails to include the word count certification required by Local Civil Rule 7(e)(6). The filing exceeds the 8,400-word limit for motions to dismiss by over 1,000 words. The Court, in its discretion, can refuse to consider these excess 1,000 words, which coincide with Defendant's improper counterclaims. Given all of the above, the Court will not consider the counterclaims and Plaintiff need not address them in its response to this Motion. Defendant is free to re-file his counterclaims in a separate pleading consistent with the Federal Rules of Civil Procedure and this Court's Local Rules. Defendant has also failed to properly note his Motion. The Court re-notes this Motion for 28 days after filing consistent with LCR 7(d)(4). The Court advises Defendant to carefully review the Local Rules before filing any future briefs, motions, or pleadings. (CB) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim and Counterclaims, filed by Defendant Michael Gertner. (Attachments: #1 Certificate of Service) Noting Date 2/13/2025, (Gertner, Michael) |
| Filing 18 NOTICE of Appearance on behalf of Defendant Michael Gertner. (Attachments: #1 Certificate of Service proof of service Willey)(Gertner, Michael) |
| Filing 17 NOTICE: Defendant Michael Gertner has registered to electronically file and receive electronic service in this case. (KB) |
Filing 16
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Judge Ricardo S. Martinez. FRCP 26(f) Conference Deadline is 2/18/2025, Initial Disclosure Deadline is 2/25/2025, Joint Status Report due by 3/4/2025. (LC)
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| Filing 15 ACKNOWLEDGMENT/ACCEPTANCE OF SERVICE of Summons and Complaint by Matthew Bean, on behalf of Michael Gertner, on 12/20/2024. (Preston, Jason) |
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Filing 14
ORDER denying Plaintiff's #9 Motion for Temporary Restraining Order without prejudice. Plaintiff is free to re-file this Motion after serving Defendant or to re-file with facts satisfying the requirements of Rule 65(b)(1). Signed by Judge Ricardo S. Martinez. (SB)
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| Filing 13 DECLARATION of Stephen Willy in Response to Minute Order (ECF-12) re 12 Minute Order,,,,,,,,,, by Plaintiff Olympic Ophthalmics Inc (Willey, Stephen) |
| Filing 12 MINUTE ORDER re: #9 MOTION for Temporary Restraining Order filed by Olympic Ophthalmics Inc. The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, United States District Judge: This case was opened on December 16, 2024. Dkt. #1. Defendant Michael Gertner has not appeared through counsel or otherwise. On December 20, 2024, Plaintiff filed a document captioned "Acceptance of Service." Dkt. #8. This filing, apparently typed up and submitted by Plaintiff's counsel, ends with the purported electronic signature of Defendant's counsel Matthew Bean. However, Mr. Bean has not appeared in this case and this document was not filed by defense counsel. The document does not explain the circumstances of how defense counsel was contacted or agreed to this filing. It is therefore unclear to the Court whether or not Defendant has been served with process. The Court therefore DIRECTS Plaintiff to notify defense counsel of his obligation to make an appearance under the Court's Local Rules. The Court requests that defense counsel re-file this document accepting service by email. At 4:48pm on December 20, 2024, Plaintiff filed a Motion for Temporary Restraining Order. Dkt. #9. Defendant has not filed a notice of intent to respond. Because Defendant has not appeared, the filing of this document does not satisfy the notice requirement for TRO Motions. The Motion indicates that defense counsel has received a copy via email, but, again, Mr. Bean has not made an appearance. Under this Court's Local Rules, motions for temporary restraining orders without notice to and an opportunity to be heard by the adverse party are disfavored and will rarely be granted. LCR 65(b)(1). It does not appear that Plaintiff is requesting a ruling on this Motion without notice. Unless the requirements of Fed. R. Civ. P. 65(b) for issuance without notice are satisfied, the moving party must serve all motion papers on the opposing party. LCR 65(b). The Court has reviewed the record and finds that it is unclear if Plaintiff has served this TRO on Defendant. The Court therefore DIRECTS Plaintiff to immediately provide proof of service or to meet and confer with defense counsel so that Mr. Bean can appear and indicate that his client has been served with this TRO. Defendant's obligation to respond under LCR 65(b)(5) does not begin until service has occurred. In any event, if service has already occurred or occurs today, the Court will extend the deadline for Defendant's response brief to noon on Monday, December 30, 2024. If service occurs after today the response will be due at a later date to be set by the Court. (CB) |
| Filing 11 DECLARATION of Xiaoshi Zhang in Support of Motion for Temporary Restraining Order filed by Plaintiff Olympic Ophthalmics Inc re #9 MOTION for Temporary Restraining Order (Willey, Stephen) |
| Filing 10 DECLARATION of Immanuel Thangaraj in Support of Motion for Temporary Restraining Order filed by Plaintiff Olympic Ophthalmics Inc re #9 MOTION for Temporary Restraining Order (Willey, Stephen) |
| Filing 9 MOTION for Temporary Restraining Order , filed by Plaintiff Olympic Ophthalmics Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 12/20/2024, (Willey, Stephen) |
| Filing 8 AFFIDAVIT of Service of Summons and Complaint on Michael Gertner c/o Matthew J. Bean on 12/20/2024, filed by Plaintiff Olympic Ophthalmics Inc. (Willey, Stephen) |
| Filing 7 Summons(es) Electronically Issued as to defendant(s) Michael Gertner (MJV) |
| Filing 6 DEMAND for JURY TRIAL by Plaintiff Olympic Ophthalmics Inc (Willey, Stephen) |
| Filing 5 PRAECIPE TO ISSUE SUMMONS re #1 Complaint, by Plaintiff Olympic Ophthalmics Inc (Willey, Stephen) |
| Filing 4 REPORT on the filing or determination of an action. Emailed to the US Patent Office (HH) |
| Filing 3 Notice of Filing Deficiency re #1 Complaint,. ***Action Required*** Jury Demand Improperly Indicated.See attached letter for more information and instructions. (HH) |
| Judge Ricardo S. Martinez added. (HH) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Olympic Ophthalmics Inc. (Willey, Stephen) |
| Filing 1 COMPLAINT against defendant(s) Michael Gertner with JURY DEMAND (Receipt # AWAWDC-8760794) Attorney Stephen C Willey added to party Olympic Ophthalmics Inc(pty:pla) filed by Olympic Ophthalmics Inc. (Attachments: #1 Civil Cover Sheet, #2 Report on Patents and Trademarks (AO Form 120))(Willey, Stephen) Modified to strike Jury Demand on 12/17/2024 (HH). |
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| Plaintiff: Olympic Ophthalmics Inc | |
| Represented By: | Stephen C Willey |
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| Defendant: Michael Gertner | |
| Represented By: | Michael Gertner |
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