Fitness Quest, Inc. v. Stamina Products, Inc.

Complaint with jury demand (3 summons and Magistrate Consent Forms issued by clerk's office) against John Does 1 through 10, Michael Casey Enterprises LLC, Stamina Products, Inc., Yogabol, LLC. Filed by DW Fitness, LLC, Fitness Quest, Inc.. Filing fee paid; receipt number 643645. (Attachments: # 1 Exhibit A# 2 Civil Cover Sheet)(B, BA) (Entered: 07/10/2003)

2003-07-09

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Random Assignment of Magistrate Judge Limbert (B, BA) (Entered: 07/10/2003)

2003-07-09

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Corporate Disclosure Statement filed by DW Fitness, LLC, Fitness Quest, Inc.. (B, BA) (Entered: 07/10/2003)

2003-07-09

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Notice of Placement of case in the CM/ECF Docketing System (B, BA) (Entered: 07/10/2003)

2003-07-09

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Return of Service Executed upon Michael Casey Enterprises LLC on 7/14/03 by certified mail filed by DW Fitness, LLC, Fitness Quest, Inc. (E, P) (Entered: 07/22/2003)

2003-07-18

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Return of Service Executed upon Yagabol, LLC by certified mail on 7/14/03 filed by DW Fitness, LLC, Fitness Quest, Inc. (E, P) (Entered: 07/22/2003)

2003-07-18

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Return of Service Executed upon Stamina Products, Inc by certified mail on 7/14/03 filed by DW Fitness, LLC, Fitness Quest, Inc. (E, P) (Entered: 07/24/2003)

2003-07-18

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Unopposed Motion for extension of time (until August 18, 2003) to answer or otherwise respond to the Complaint filed by all defendants. (Funk, Stephen) (Entered: 07/25/2003)

2003-07-25

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ORDER granting Motion for extension of time until 8/18/2003 to answer or otherwise respond to the complaint(Related Doc # 8 ). Signed by Judge David D. Dowd Jr. on July 28, 2003.(M, D) (Entered: 07/28/2003)

2003-07-28

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Notice of Magistrate Consent form (M, D) (Entered: 08/15/2003)

2003-08-15

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Case Management Conference Scheduling Order placing case in electronic case filing system (WITH DEADLINES TO BE COMPLIED WITH - SEE ORDER FOR SPECIFICS) with case management conference to be held on 9/29/2003 at 12:00 PM at Chambers 402. Signed by Judge David D. Dowd Jr. on August 14, 2003. (Attachments: # 1 E-Mail Notification# 2 Discovery Plan# 3 Rule 30.1# 4 Manual# 5 Map)(M, D) (Entered: 08/15/2003)

2003-08-15

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Unopposed Motion for a second extension of time until September 2, 2003 to answer or otherwise respond to complaint, filed by Michael Casey Enterprises LLC, Stamina Products, Inc., Yogabol, LLC. (Funk, Stephen) Modified text on 8/19/2003 (P, G). (Entered: 08/18/2003)

2003-08-18

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Endorsed Order granting Motion for extension of time until September 2, 2003 to answer or otherwise respond to complaint(Related Doc # 12 ). Signed by Judge David D. Dowd Jr. on August 19, 2003.(M, D) (Entered: 08/19/2003)

2003-08-19

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ANSWER to Complaint with jury demand, Counterclaim against DW Fitness, LLC, Fitness Quest, Inc. filed by Michael Casey Enterprises LLC, Stamina Products, Inc., Yogabol, LLC. (Funk, Stephen) Modified text on 9/3/2003 (P, G). (Entered: 09/02/2003)

2003-09-02

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Corporate Disclosure Statements filed by Stamina Products, Inc., Michael Casey Enterprises LLC, Yogabol, LLC. (Funk, Stephen) Modified text on 9/3/2003 (P, G). (Entered: 09/02/2003)

2003-09-02

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Amended Corporate Disclosure Statement filed by Yogabol, LLC. (Funk, Stephen) (Entered: 09/03/2003)

2003-09-03

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Notice of Service of Plaintiff's Initial Disclosures filed by DW Fitness, LLC, Fitness Quest, Inc.. (Auvil, Steven) (Entered: 09/15/2003)

2003-09-15

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Motion to attend case management conference (party representatives only) by telephone filed by Michael Casey Enterprises LLC, Stamina Products, Inc., Yogabol, LLC. (Related document(s) 11 ) (Funk, Stephen) (Entered: 09/18/2003)

2003-09-18

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Order granting defendants' Motion to attend by telephone (Related Doc # 18 )with the following directives. 1. Counsel for all parties shall attend the CMC in person. 2. Plaintiffs' party representatives may also attend by telephone if they are from out-of-state, provided they supply a telephone number to defendants' counsel. 3. Defendants will bear responsibility for placing the telephone call to all necessary parties, including the Court. 4. All parties are advised that the Court will be engaged in a criminal jury trial on the day of the CMC, which may or may not result in a short delay of the 12:00 Noon conference. Signed by Judge David D. Dowd Jr. on 9/19/2003.(M, D) (Entered: 09/19/2003)

2003-09-19

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Report of Parties' Planning Meeting filed by all parties. (Auvil, Steven) Modified filers on 9/22/2003 (L, T). (Entered: 09/22/2003)

2003-09-22

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Notice of Service of Initial Disclosures, filed by Michael Casey Enterprises LLC, Stamina Products, Inc., Yogabol, LLC. (Funk, Stephen) Modified text on 9/23/2003 (P, G). (Entered: 09/22/2003)

2003-09-22

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Reply to Counterclaim (Related Doc # 14 ) filed by DW Fitness, LLC, Fitness Quest, Inc.. (Auvil, Steven) Duplicate text removed on 9/26/2003 (P, S). (Entered: 09/25/2003)

2003-09-25

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Case Management Conference Plan/Order placing case on standard track. (See paragraph 9 for Case-specific ruling as to the type and extent of discovery.) Discovery due by 5/28/2004. Parties to be Joined and Pleading Amendments due by 12/12/2003. Dispositive Motions due by 9/30/2004; responses by 10/22/2004 and replies by 11/5/2004. Expert reports due consistent with dates in report of parties planning meeting. Initial disclosure to be filed under seal by 10/10/2003. Markman briefs due 8/2/2004; with any responses by 8/23/2004. Markman hearing to be conducted during the two-week period of standby 9/6/2004. Signed by Judge David D. Dowd Jr. on 10/6/2003. (M, D) Additional attachment (completed order) added on 10/7/2003 and blank order filed in error removed (M, D). Modified Text on 10/7/2003 (M, D). (Entered: 10/06/2003)

2003-10-06

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Initial Disclosures filed by DW Fitness, LLC (Related document # 23 ). (B, B) FILED UNDER SEAL #3349 Modified on 10/14/2003 to create link (P, G). Added sealed # on 10/16/2003 (P, S). (Entered: 10/10/2003)

2003-10-10

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Initial Disclosures filed by Michael Casey Enterprises LLC, Stamina Products, Inc., Yogabol, LLC. (Document placed under seal pursuant to Court Order, seal # 3347).Related document(s) 23 . (P, G) (Entered: 10/15/2003)

2003-10-10

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Preliminary Estimate/Budget of Amount of Fees and Expenses filed by DW Fitness, LLC, Fitness Quest, Inc.. Related document(s) 11 . (Auvil, Steven) (Entered: 10/14/2003)

2003-10-14

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Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Michael Casey Enterprises LLC, Stamina Products, Inc., Yogabol, LLC. (Funk, Stephen) (Entered: 10/15/2003)

2003-10-15

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Joint Motion for protective order filed by DW Fitness, LLC, Fitness Quest, Inc., Michael Casey Enterprises LLC, Stamina Products, Inc., Yogabol, LLC. (Attachments: # 1 Exhibit 1)(Auvil, Steven) (Entered: 11/21/2003)

2003-11-21

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Stipulated Protective Order (Related Doc # 28 ). Signed by Judge David D. Dowd Jr. on 11/24/2003.(M, D) (Entered: 11/24/2003)

2003-11-24

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Motion for appearance pro hac vice of Randall Hendricks and Matthew Hamner filed by Michael Casey Enterprises LLC, Stamina Products, Inc., Yogabol, LLC. (Attachments: # 1 Affidavit of Randall Hendricks# 2 Affidavit of Matthew Hamner)(Funk, Stephen) (Entered: 04/21/2004)

2004-04-21

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Order granting Defendants' Motion for appearance pro hac vice by attorney Randall E. Hendricks and attorney Matthew P. Hamner for Stamina Products, Inc.; Yogabol, LLC; and Michael Casey Enterprises LLC (Related Doc # 30, contingent upon each moving attorney's payment of $90.00 payable within three business days of this order. Signed by Judge David D. Dowd Jr. on 4/22/2004.(M, D) (Entered: 04/22/2004)

2004-04-22

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Motion to compel discovery and to amend case management plan and motion for telephonic hearing filed by Michael Casey Enterprises LLC, Stamina Products, Inc., Yogabol, LLC. (Attachments: #(1)Exhibit A: Plaintiffs' Responses to Defendant Yogabol's First Request for Production #(2)Exhibit B: Plaintiffs' Responses to Defendant Stamina Products, Inc.'s First Request for Production #(3) Exhibit C: Certification of Matthew Hamner)(Funk, Stephen) Modified text on 5/12/2004 (S, T). (Entered: 05/11/2004)

2004-05-11

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Order that on 5/20/2004 at 8:30 a.m., the court will conduct an on-the-record conference re 32 defendants' motion to compel discovery and to amend case management plan; counsel with authority must attend in person; counsel must notify the court by noon on 5/19/2004 if they resolve their disputes independently of the court's involvement; see order for more specifics.. Signed by Judge David D. Dowd Jr. on 5/12/2004. (D, S) (Entered: 05/12/2004)

2004-05-12

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Joint Motion to Suspend Discovery deadlines and to continue 5/20/2004 Discovery Conference. (Auvil, Steven) Modified text on 5/18/2004 (S, T). (Entered: 05/17/2004)

2004-05-17

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Order granting Joint Motion to Suspend Discovery deadlines and to continue 5/20/2004 Discovery Conference(Related Doc # 34 ). Plaintiff to report to the Court in writing by 6/14/2004 whether case has settled, when entry will be submitted or, if not settled, how the parties wish to proceed with mediation. Signed by Judge David D. Dowd Jr. on 5/18/2004.(M, D) (Entered: 05/19/2004)

2004-05-19

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Notice of Pending Settlement filed by DW Fitness, LLC, Fitness Quest, Inc.. Related document(s) 35 . (Auvil, Steven) (Entered: 06/14/2004)

2004-06-14

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Order re 36 Notice filed by Fitness Quest, Inc., DW Fitness, LLC, directing plaintiffs' counsel to report to the court by 6/28/04, absent a proposed judgment entry for the court's signature prior to that date. Signed by Judge David D. Dowd Jr. on 6/15/04. (D, S) (Entered: 06/15/2004)

2004-06-15

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Status Report on status of settlement filed by all plaintiffs. Related document(s) 37 . (Auvil, Steven) Modified on 6/29/2004 (R, Ci). (Entered: 06/28/2004)

2004-06-28

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Order that, in view of the Status Report 38 filed by the plaintiffs on behalf of all parties, absent submission for signature of a proposed jointly-stipulated judgment entry resolving all matters, the court will conduct a status conference on 7/19/04 at 2:30 p.m. in chambers. Signed by Judge David D. Dowd Jr. on 7/2/04. (D, S) (Entered: 07/02/2004)

2004-07-02

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Order continuing the 7/19/04 status conference to Thursday, 7/29/04 at 12:00 p.m. (Related Doc # 39 ). Signed by Judge David D. Dowd Jr. on 7/19/04. (D, S) (Entered: 07/19/2004)

2004-07-19

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Joint Proposed Stipulation of Dismissal filed by all parties. (Auvil, Steven) (Entered: 07/22/2004)

2004-07-22

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Joint Stipulation of Dismissal with prejudice, each party to bear its own costs and attorneys' fees. The Court shall retain jurisdiction to enforce the terms of settlement agreement reached among the parties. Signed by Judge David D. Dowd Jr. on 7/23/2004. (M, D) (Entered: 07/26/2004)

2004-07-26

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Overview

Parties

Defendant

Stamina Products, Inc.

Represented By

Plaintiff