O'Brien LLC, Timothy v. Knott, David et al

Plaintiff: Timothy B. O'Brien LLC
Defendant: Timothy O'Brien
3Rd Party Plaintiff: David Knott and Embrace Wellness LLC
Counter Defendant: Apple Wellness
Case Number: 3:2018cv00684
Filed: August 16, 2018
Court: Wisconsin Western District Court
Office: Madison Office
County: Dane
0 Judge: Stephen L Crocker
1 Judge: James D Peterson
Nature of Suit: Trademark
Cause of Action: 15:1125
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on October 29, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
October 10, 2018 39 Featured Case ORDER Setting Hearing on #2 MOTION FOR PRELIMINARY INJUNCTION. Motion Hearing set for 10/22/2018 at 01:30 PM. Signed by District Judge James D. Peterson on 10/10/2018. (jls)
October 10, 2018 38 Summons Issued as to Timothy O'Brien. (jls)
October 9, 2018 37 Affidavit of Becki O'Brien filed by Plaintiff Timothy B. O'Brien LLC re: #2 Motion for Preliminary Injunction, (Attachments: #1 Exhibit 1 - 2010 Blog with Store Hours, #2 Exhibit 2 - Mountain Logo Mark in Use) (Elkins, Leslie) Modified on 10/10/2018. (lak)
October 9, 2018 36 Second Affidavit of Leslie Elkins filed by Plaintiff Timothy B. O'Brien LLC re: #2 Motion for Preliminary Injunction, (Attachments: #1 Exhibit 1 - Embrace Wellness Logo without Sun, #2 Exhibit 2 - Embrace Wellness Facebook Statements Regarding Design and Build of Shelving, #3 Exhibit 3 - Embrace Wellness Facebook Cover Photo - Store Interior) (Elkins, Leslie) Modified on 10/10/2018. (lak)
October 9, 2018 35 Combined Reply in Support of Proposed Findings of Fact and Additional Proposed Findings of Fact filed by Plaintiff Timothy B. O'Brien LLC re: #2 Motion for Preliminary Injunction. (Elkins, Leslie) Modified on 10/10/2018. (lak)
October 9, 2018 34 Brief in Reply by Plaintiff Timothy B. O'Brien LLC in Support of #2 Motion for Preliminary Injunction. (Elkins, Leslie)
October 9, 2018 33 Request for Issuance of Summons by Third Party Plaintiffs Embrace Wellness LLC, David Knott, Counter Claimant Embrace Wellness LLC. (Hanson, Kyle)
October 1, 2018 Set Telephonic Pretrial Conference: Telephonic Pretrial Conference set for 11/1/2018 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (jls)
September 28, 2018 32 Brief in Opposition by Defendants Embrace Wellness LLC, David Knott re: #2 Motion for Preliminary Injunction filed by Timothy B. O'Brien LLC. (Hanson, Kyle) Modified on 10/1/2018. (lak)
September 28, 2018 31 Disregard. See #32 . Modified on 10/1/2018. (lak)
September 28, 2018 30 Affidavit of David Knott filed by Defendants Embrace Wellness LLC, David Knott re: #2 Motion for Preliminary Injunction (Hanson, Kyle)
September 28, 2018 29 Response to Proposed Findings of Fact filed by Defendants Embrace Wellness LLC, David Knott re: #2 Motion for Preliminary Injunction (Hanson, Kyle)
September 28, 2018 28 ANSWER, THIRD PARTY COMPLAINT against Timothy B. O'Brien LLC, Timothy O'Brien, COUNTERCLAIM against Apple Wellness, Timothy O'Brien, by Defendant David Knott, Embrace Wellness LLC. (Hanson, Kyle) Modified on 10/1/2018. (lak)
September 27, 2018 27 Featured Case ORDER denying #16 Motion to Disqualify Counsel. Signed by District Judge James D. Peterson on 9/27/2018. (jls)
September 21, 2018 26 Brief in Reply by Defendants Embrace Wellness LLC, David Knott in Support of #16 Motion to Disqualify Counsel. (Sealed Document) (Hanson, Kyle)
September 19, 2018 25 Featured Case ** TEXT ONLY ORDER **Defendants filed an emergency motion, Dkt. #23 , to seal plaintiff's opposition to defendants' motion to disqualify. The motion was GRANTED, and the clerk of court sealed Dkt. 20 and Dkt. 21 (including all attachments). The court also authorizes defendants to seal their reply; no further motion is needed. Signed by District Judge James D. Peterson on 9/19/2018. (jls)
September 19, 2018 24 Featured Case ** TEXT ONLY ORDER **ORDER granting #23 Motion to Seal 20 Brief in Opposition, and 21 Affidavit of Jessica M. Kramer. Signed by Magistrate Judge Stephen L. Crocker on 9/19/2018. (jls)
September 18, 2018 23 Emergency Motion to Seal Document 20 Brief in Opposition, 21 Affidavit, by Defendants Embrace Wellness LLC, David Knott. Motions referred to Magistrate Judge Stephen L. Crocker. (Hanson, Kyle)
September 18, 2018 22 Featured Case ** TEXT ONLY ORDER ** Defendants filed a motion to disqualify counsel, Dkt. #16 , and plaintiffs filed a brief in opposition. Dkt. 20 . Defendants have until noon on Friday, September 21, 2018, to file a reply. Unless and until the motion to disqualify is granted, the court will not stay the case or change the briefing schedule for the motion for preliminary injunction. Defendants' response to plaintiff's motion for preliminary injunction is due on September 28, 2018, and plaintiff's reply is due on October 9, 2018. Signed by District Judge James D. Peterson on 9/18/2018. (jls)
September 10, 2018 19 Featured Case ** TEXT ONLY ORDER **ORDER granting #18 Motion for Extension of Time to Answer #1 Complaint. Embrace Wellness LLC answer due 9/28/2018; David Knott answer due 9/28/2018. Signed by Magistrate Judge Stephen L. Crocker on 9/10/2018. (jls)
September 7, 2018 18 Motion for Extension of Time to File Answer by Defendants Embrace Wellness LLC, David Knott. Motions referred to Magistrate Judge Stephen L. Crocker. (Hanson, Kyle) Modified on 9/10/2018. (lak)
September 7, 2018 17 Declaration of David Knott filed by Defendants Embrace Wellness LLC, David Knott re: #16 Motion to Disqualify Counsel. (Hanson, Kyle)
September 7, 2018 16 Motion to Disqualify Counsel by Defendants Embrace Wellness LLC, David Knott. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 9/14/2018. (Hanson, Kyle)
August 22, 2018 15 Affidavit of Service by Plaintiff. Embrace Wellness LLC served on 8/17/2018, answer due 9/7/2018. (Elkins, Leslie)
August 22, 2018 14 Affidavit of Service by Plaintiff. David Knott served on 8/17/2018, answer due 9/7/2018. (Elkins, Leslie)
August 17, 2018 13 Featured Case ** TEXT ONLY ORDER ** Plaintiff moves for a preliminary injunction. Dkt. #2 . The court expects that plaintiff will complete service on defendants (including the materials listed in the court's administrative order on motions for injunctive relief) today and it will set the briefing schedule accordingly. Defendants have until September 7, 2018 to file their response; plaintiff may file a reply brief by September 17. After reviewing the filings, the court will schedule a hearing if necessary. Signed by District Judge James D. Peterson on 8/17/2018. (jls)
August 17, 2018 12 Status Report by Plaintiff Timothy B. O'Brien LLC. (Elkins, Leslie)
August 17, 2018 11 Second Affidavit of Becki O'Brien filed by Plaintiff Timothy B. O'Brien LLC re: #2 Motion for Preliminary Injunction. (Elkins, Leslie)
August 17, 2018 10 Summons Issued as to Embrace Wellness LLC and David Knott. (jls)
August 17, 2018 Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (jls)
August 17, 2018 Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (jls)
August 16, 2018 9 Affidavit of Becki O'Brien filed by Plaintiff Timothy B. O'Brien LLC re: #2 Motion for Preliminary Injunction, (Attachments: #1 Exhibit A - Apple Wellness Business Card, #2 Exhibit B - Apple Wellness Mountain Logo) (Elkins, Leslie)
August 16, 2018 8 Affidavit of Leslie Elkins filed by Plaintiff Timothy B. O'Brien LLC re: #2 Motion for Preliminary Injunction, (Attachments: #1 Exhibit A - Embrace Wellness Facebook, #2 Exhibit B - GNC Stores, #3 Exhibit C - Color Wheel, #4 Exhibit D - About Embrace Wellness, #5 Exhibit E - Embrace Wellness Business Card, #6 Exhibit F - Embrace Wellness Hours, #7 Exhibit G - Embrace Wellness Logo, #8 Exhibit H - Apple Wellness Facebook) (Elkins, Leslie)
August 16, 2018 7 Affidavit of Jeff Janda filed by Plaintiff Timothy B. O'Brien LLC re: #2 Motion for Preliminary Injunction (Attachments: #1 Exhibit A - Embrace Wellness Photos, #2 Exhibit B - Apple Wellness (Fitchburg) Photos, #3 Exhibit C - Apple Wellness (Sun Prairie) Photos) (Elkins, Leslie)
August 16, 2018 6 Affidavit of Kris Koenig filed by Plaintiff Timothy B. O'Brien LLC re: #2 Motion for Preliminary Injunction. (Elkins, Leslie)
August 16, 2018 5 Affidavit of Anna Morgan filed by Plaintiff Timothy B. O'Brien LLC re: #2 Motion for Preliminary Injunction. (Elkins, Leslie)
August 16, 2018 4 Proposed Findings of Fact filed by Plaintiff Timothy B. O'Brien LLC re: #2 Motion for Preliminary Injunction. (Elkins, Leslie)
August 16, 2018 3 Brief in Support of #2 Motion for Preliminary Injunction by Plaintiff Timothy B. O'Brien LLC. (Elkins, Leslie)
August 16, 2018 2 MOTION FOR PRELIMINARY INJUNCTION by Plaintiff Timothy B. O'Brien LLC. (Elkins, Leslie)
August 16, 2018 1 COMPLAINT against All Defendants, ( Filing fee $ 400 receipt number 0758-2300447.), filed by Timothy B. O'Brien LLC, (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons) (Elkins, Leslie)

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3rd party plaintiff: David Knott
Represented By: Kyle Hanson
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3rd party plaintiff: Embrace Wellness LLC
Represented By: Kyle Hanson
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Plaintiff: Timothy B. O'Brien LLC
Represented By: Leslie Elkins
Represented By: Nicholas C. Watt
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Defendant: Timothy O'Brien
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Counter defendant: Apple Wellness
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