David Penner MD PLLC et al v. Clear TMS+ PLLC
| David Penner MD PLLC a Washington professional limited liability company doing business as Olympia Center for TMS & Psychiatry and David Penner |
| Clear TMS+ PLLC |
| 3:2025cv05033 |
| January 14, 2025 |
| U.S. District Court for the Western District of Washington |
| Benjamin H Settle |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 3, 2025. A more recent docket listing may be available from PACER.
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Filing 26
MINUTE ORDER. In light of the parties' stipulation, Dkt. #24 , plaintiff's motion for reconsideration, Dkt. #21 , is TERMINATED without prejudice to re-note it on 14 days notice if the current settlement discussions fall through. Defendants' requested response will be due on the re-noted hearing date. IT IS SO ORDERED. Authorized by Judge Benjamin H. Settle. (MW)
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Filing 25
ORDER granting Parties' #24 Stipulated Motion to Stay Consideration of #21 Motion for Reconsideration. The Court's Order dated February 10, 2025, which ordered Defendant to respond to Plaintiff's Motion for Reconsideration is stayed until further notice from the Court. Signed by Judge Benjamin H. Settle.(MW)
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| Filing 24 Stipulated MOTION to Stay Consideration, filed by All Plaintiffs. (Attachments: #1 Proposed Order) Noting Date 2/12/2025, (Rocke, Aaron) |
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Filing 23
ORDER. The Court requests defendant Clear TMS+ to respond to Penner's #21 Motion for Reconsideration within 14 days. The Court will not entertain a reply. The motion for reconsideration is RE-NOTED for February 24, 2025. Signed by Judge Benjamin H. Settle. (MW)
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| Filing 22 DECLARATION of Aaron V. Rocke filed by All Plaintiffs re #21 MOTION for Reconsideration of TRO (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Rocke, Aaron) |
| Filing 21 MOTION for Reconsideration of TRO, filed by All Plaintiffs. Noting Date 2/24/2025 2/4/2025, (Rocke, Aaron) Modified on 2/10/2025 (MW). |
| Filing 20 ANSWER to #1 Complaint by Clear TMS+ PLLC.(Thayer, Christopher) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Clear TMS+ PLLC. (Thayer, Christopher) |
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Filing 18
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT, DISCOVERY, DEPOSITIONS AND EARLY SETTLEMENT by Judge Benjamin H. Settle. FRCP 26(f) Conference Deadline is 4/14/2025, Initial Disclosure Deadline is 4/21/2025, Joint Status Report due by 4/28/2025. (MET)
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| Filing 17 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by All Plaintiffs. (Rocke, Aaron) |
| Filing 16 MINUTE ENTRY for proceedings held before Judge Benjamin H. Settle- Dep Clerk: Gretchen Craft; Pla Counsel: Aaron Rocke; Def Counsel: Andrew Stokes (via phone); CR: Angela Nicolavo; Time of Hearing: 3:30; Courtroom: E; TRO Hearing held on 1/21/2025. #3 Court hears arguments of counsel and DENIES the MOTION for Temporary Restraining Order, as stated on the record. Court denies Plaintiffs' oral motion for expedited discovery and encourages the parties to work to resolve this case. (MGC) |
| Filing 15 DECLARATION of Alicia Carter filed by All Plaintiffs re #3 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 1 - Contact Form, #2 Exhibit 2 - Email)(Rocke, Aaron) |
| Filing 14 DECLARATION of Aaron V Rocke filed by All Plaintiffs re #3 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 1 - Google AdWords TOS, #2 Exhibit 2 - Google Ads Tips, #3 Exhibit 3 - Google Policies)(Rocke, Aaron) |
| Filing 13 REPLY, filed by All Plaintiffs, TO RESPONSE to #3 MOTION for Temporary Restraining Order (Rocke, Aaron) |
| Filing 12 DECLARATION of Christopher L. Thayer filed by Defendant Clear TMS+ PLLC re #3 MOTION for Temporary Restraining Order (Thayer, Christopher) |
| Filing 11 DECLARATION of Diana Wilcox filed by Defendant Clear TMS+ PLLC re #3 MOTION for Temporary Restraining Order (Thayer, Christopher) |
| Filing 10 DECLARATION of John Tanasse filed by Defendant Clear TMS+ PLLC re #3 MOTION for Temporary Restraining Order (Thayer, Christopher) |
| Filing 9 RESPONSE, by Defendant Clear TMS+ PLLC, to #3 MOTION for Temporary Restraining Order . (Attachments: #1 Proposed Order Proposed Order)(Thayer, Christopher) |
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Filing 8
MINUTE ORDER. Defendant TMS+'s Opposition to Plaintiff Penner's motion for a temporary restraining order, Dkt. #3 , is due by the end of business Monday, January 20. Any reply is due by Noon Tuesday January 21. The Court will hold a hearing on the motion Tuesday January 21 at 3:15, in Courtroom E. IT IS SO ORDERED. Authorized by Judge Benjamin H. Settle. (MW)
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| Filing 7 NOTICE OF INTENT TO OPPOSE MOTION FOR TRO ; filed by Defendant Clear TMS+ PLLC. (Thayer, Christopher) |
| Filing 6 NOTICE of Appearance by attorney Andrew Stokes on behalf of Defendant Clear TMS+ PLLC. (Stokes, Andrew) |
| Filing 5 NOTICE of Appearance by attorney Christopher L Thayer on behalf of Defendant Clear TMS+ PLLC. (Thayer, Christopher) |
| Filing 4 DECLARATION of David Penner, M.D. filed by All Plaintiffs re #3 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit 1 - Google searches, #2 Exhibit 2 - Trademark Status)(Rocke, Aaron) |
| Filing 3 MOTION for Temporary Restraining Order , filed by All Plaintiffs. (Attachments: #1 Proposed Order) Noting Date 1/15/2025, (Rocke, Aaron) |
| NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Plaintiff David Penner MD PLLC must file a Corporate Disclosure Statement by 1/22/2025. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents.(CDA) |
| Filing 2 Notice of Filing Deficiency re #1 Complaint. ***Action Required*** Copyright/Patent/Trademark Forms Omitted.See attached letter for more information and instructions. (MW) |
| Filing 1 COMPLAINT against All Defendants with JURY DEMAND (Receipt # AWAWDC-8797384) filed by David Penner MD PLLC. (Attachments: #1 Exhibit A - Google Searches, #2 Exhibit B - Trademark, #3 Civil Cover Sheet)(Rocke, Aaron) |
| Judge Benjamin H. Settle added. (MW) |
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