Case number 1:21-cv-00911
CHGYM LLC v. UNIFY ATHLETICS, LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 26, 2022 | 63 | Main Document (3) Docket Text: MOTION to Withdraw by MNB TRAINING, LLC, VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC. (Attachments: # (1) Text of Proposed Order)(KASPER, ANDREW) |
| Aug 26, 2022 | 63 | Text of Proposed Order (1) |
| Aug 22, 2022 | 61 | Joint Status Report (3) Docket Text: JOINT STATUS REPORT Re.: Settlement filed by all parties.. (BYRD, LE'RON) |
| Aug 15, 2022 | N/A | Case Reported Settled at Mediation (0) Docket Text: Case Reported Settled at Mediation. (Bond, Melisa) |
| Aug 15, 2022 | N/A | Case Reported Settled (0) Docket Text: Case Reported Settled - Stipulation of Dismissal due by 9/14/2022. (Bond, Melisa) |
| Aug 15, 2022 | 57 | Report of Mediation (1) Docket Text: REPORT OF MEDIATOR from Alice C. Richey - Mediation Held on 8/5/2022. Complete settlement of the case. (Bond, Melisa) |
| Aug 15, 2022 | 58 | Order on Joint Motion (2) Docket Text:ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 8/15/2022; that the Parties' Notice of Mediation and Settlement, (Doc. [54]), and joint request to stay all proceedings is GRANTED, and this action is STAYED for a period 45 days, through and including September 23, 2022. (Hicks, Samantha) |
| Aug 15, 2022 | 59 | Main Document (16) Docket Text: BRIEF in Support of Plaintiff's Motion to Dismiss Defendants' Counterclaim by Plaintiff CHGYM LLC filed by CHGYM LLC. (Attachments: # (1) Exhibit 1)(KOHLI, ERIC) |
| Aug 15, 2022 | 59 | Exhibit 1 (6) |
| Aug 15, 2022 | 60 | Motion to Dismiss for Failure to State a Claim (3) Docket Text: First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Defendants' Counterclaim in Defendants' First Amended Answer, by CHGYM LLC. Response to Motion due by 8/29/2022 (KOHLI, ERIC) |
| Aug 10, 2022 | 55 | Notice (Other) (3) Docket Text: NOTICE by MNB TRAINING, LLC, VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC Notice of First Amended Answer to First Amended Complaint and Counterclaim (BYRD, LE'RON) |
| Aug 10, 2022 | 56 | Main Document (22) Docket Text:Defendants' and Counterclaim Plaintiff First Amended ANSWER to Amended Complaint , Counterclaim against by VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC, MNB TRAINING, LLC. (Attachments: # (1) Exhibit A - USA Gymnastics Safe Sport Policy, # (2) Exhibit B - USA Gymnastics Code of Ethical Conduct, # (3) Exhibit C - Safe Sport Code)(BYRD, LE'RON) |
| Aug 10, 2022 | 56 | Exhibit A - USA Gymnastics Safe Sport Policy (21) |
| Aug 10, 2022 | 56 | Exhibit B - USA Gymnastics Code of Ethical Conduct (6) |
| Aug 10, 2022 | 56 | Exhibit C - Safe Sport Code (51) |
| Aug 8, 2022 | 54 | Joint Motion (3) Docket Text: Joint Motion to Stay, NOTICE of Settlement and Notice of Mediation by CHGYM LLC (KOHLI, ERIC) Modified text/event on 8/11/2022 to reflect Joint Motion to Stay. (Daniel, J) |
| May 12, 2022 | 53 | Notice of Master Calendar Hearing (1) Docket Text: NOTICE of Hearing: APRIL Master Trial Calendar: Jury Trial set for 4/3/2023 at 09:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE. Pretrial disclosures due 3/3/2023. Motions in limine due 3/10/2023. Any objections to pretrial disclosures and responses to motions in limine due 3/17/2023. Trial brief along with proposed instructions due 3/13/2023. (Kemp, Donita) |
| Apr 26, 2022 | 52 | Reply to Response to Motion (12) Docket Text: REPLY, filed by Plaintiff CHGYM LLC, Counter Defendant CHGYM LLC, to Response to [46] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , [47] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Brief and Exhibits in Support filed by CHGYM LLC. (SNEED, MEGAN) |
| Apr 15, 2022 | N/A | Set/Reset Motion and R and R Deadlines/Hearings (0) Docket Text: Reset Motion Reply Deadline re [46] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM: Replies due by 4/26/2022. (Sheets, Jamie) |
| Apr 14, 2022 | N/A | Motions Referred (0) Docket Text: Motion Referred to MAG/JUDGE JOE L. WEBSTER re: [51] Consent MOTION for Extension of Time to File Response/Reply as to [50] Response to Motion, [46] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Daniel, J) |
| Apr 14, 2022 | N/A | Order on Motion for Extension of Time to File Response/Reply (0) Docket Text:TEXT ORDER granting [51] Motion for Extension of Time to File Reply. For good cause shown, Plaintiff shall have up to and including April 26, 2022 to file a Reply to Defendants' Opposition to Plaintiff's Motion to Dismiss. Issued by MAG/JUDGE JOE L. WEBSTER on 4/14/2022.(Lee, Pedra) |
| Apr 13, 2022 | 51 | Motion for Extension of Time to File Response/Reply (3) Docket Text: Consent MOTION for Extension of Time to File Response/Reply as to [50] Response to Motion, [46] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CHGYM LLC. (ZHONG, MENG) |
| Apr 5, 2022 | 50 | Main Document (22) Docket Text: RESPONSE filed by Defendants MNB TRAINING, LLC, VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC, Counter Claimants VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC re [46] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CHGYM LLC filed by MNB TRAINING, LLC, VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC. Replies due by 4/19/2022 (Attachments: # (1) Exhibit A - USA Gymnastics Membership Agreement Application)(BYRD, LE'RON) |
| Apr 5, 2022 | 50 | Exhibit A - USA Gymnastics Membership Agreement Application (2) |
| Mar 31, 2022 | 48 | Notice (Other) (3) Docket Text: NOTICE by CHGYM LLC of Selection of Mediator (ZHONG, MENG) |
| Mar 31, 2022 | 49 | Order Appointing Mediator (1) Docket Text:ORDER Appointing ALICE RICHEY, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Bond, Melisa) |
| Mar 15, 2022 | 46 | Motion to Dismiss for Failure to State a Claim (3) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CHGYM LLC. Response to Motion due by 4/5/2022 (SNEED, MEGAN) |
| Mar 15, 2022 | 47 | Main Document (17) Docket Text: BRIEF re [46] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CHGYM LLC. (Attachments: # (1) Exhibit 1 - Terms and Conditions, # (2) Exhibit Declaration in Support)(SNEED, MEGAN) Modified on 3/16/2022 to correct event and terminate response date. (Hicks, Samantha) |
| Mar 15, 2022 | 47 | Exhibit 1 - Terms and Conditions (6) |
| Mar 15, 2022 | 47 | Exhibit Declaration in Support (2) |
| Mar 8, 2022 | N/A | Mediation Scheduling Order (0) Docket Text: MEDIATION SCHEDULING ORDER; Selection of Mediator due by 3/29/2022. Mediation due by 9/3/2022. (Bond, Melisa) |
| Mar 7, 2022 | 45 | Order on Motion for L.R. 5.5 Report-Revised (1) Docket Text:ORDER APPROVING AMENDED JOINT RULE 26(f) REPORT AND LOCAL RULE 5.5 REPORT signed by MAG/JUDGE JOE L. WEBSTER on 3/7/2022; The Court has reviewed the Amended Joint Rule 26(f) Report (Docket Entry [44]) and Local Rule 5.5 Report (Docket Entry [43]) submitted by the parties and approves both without modification, which, inter alia, adopts the default procedures of Local Rule 5.4(c) regarding filing documents under seal. Discovery is COMPLEX. Discovery due by 9/3/2022. Plaintiff's Amended Pleadings due by 4/30/2022. Defendants' Amended Pleadings due by 5/30/2022. Joinder of Parties for Plaintiff due by 4/30/2022. Joinder of Parties for Defendant due by 5/30/2022. The parties have discussed special procedures for managing this case, including reference of the case to a Magistrate Judge or consent of the parties under 28 U.S.C. 636(c), or appointment of a master. The parties submit the case may proceed under normal case management by this Court. Plaintiff expects the trial to take approximately three (3) days. Defendants expect the trial to take approximately ten (10) days. A jury trial has been demanded. (Hicks, Samantha) |
| Mar 4, 2022 | N/A | Motions Referred (0) Docket Text: Motions Referred: RE: [44] Rule 26(f) Report (Joint) filed by all parties, [43] L.R. 5.5 Report-, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| Mar 3, 2022 | 43 | L.R. 5.5 Report-Revised (3) Docket Text: L.R. 5.5 Report . by MNB TRAINING, LLC, VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC.(BYRD, LE'RON) Modified on 3/3/2022 to correct event used (Garrett, Kim). |
| Mar 3, 2022 | 44 | Rule 26(f) Report (Joint) (4) Docket Text: Rule 26(f) Report (Joint) filed by all parties by CHGYM LLC.(ZHONG, MENG) |
| Mar 2, 2022 | 42 | Rule 26(f) Report (Joint) (4) Docket Text: Rule 26(f) Report (Joint) filed by all parties by CHGYM LLC.(ZHONG, MENG) Modified on 3/3/2022 requested amended report with dates certain(Garrett, Kim). |
| Feb 22, 2022 | 41 | Main Document (20) Docket Text: ANSWER to Amended Complaint , Counterclaim against by VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC. (Attachments: # (1) Exhibit A - USA Gymnastics Safe Sport Policy, # (2) Exhibit B - USA Gymnastics Code of Ethical Conduct, # (3) Exhibit C - Safe Sport Code)(BYRD, LE'RON) |
| Feb 22, 2022 | 41 | Exhibit A - USA Gymnastics Safe Sport Policy (21) |
| Feb 22, 2022 | 41 | Exhibit B - USA Gymnastics Code of Ethical Conduct (6) |
| Feb 22, 2022 | 41 | Exhibit C - Safe Sport Code (51) |
| Feb 15, 2022 | 39 | Summons Issued (2) Docket Text: Summons Issued as to MNB TRAINING, LLC. (Carter, Alexus) |
| Feb 15, 2022 | 40 | Main Document (3) Docket Text: Declaration of Proof of Service served on Defendant MNB Training, LLC on 02/15/2022, filed by CHGYM LLC. . (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(ZHONG, MENG) |
| Feb 15, 2022 | 40 | Exhibit 1 (3) |
| Feb 15, 2022 | 40 | Exhibit 2 (3) |
| Feb 8, 2022 | 38 | Amended Complaint (20) Docket Text: First AMENDED COMPLAINT against defendant All Defendants, filed by CHGYM LLC.(ZHONG, MENG) |
| Feb 2, 2022 | 36 | Notice of Initial Pretrial Conference Hearing (1) Docket Text: NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 3/23/2022 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
| Feb 2, 2022 | 37 | Notice of Rescheduling (1) Docket Text: NOTICE of Rescheduling: Initial Pretrial Conference reset for 4/20/2022 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
| Jan 31, 2022 | 35 | Answer to Complaint (13) Docket Text: ANSWER to [1] Complaint by VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC. (BYRD, LE'RON) |
| Jan 14, 2022 | 32 | Statement (3) Docket Text: STATEMENT by Defendant VAHID KAVOUS MOAVENZADEH. (BYRD, LE'RON) |
| Jan 14, 2022 | 33 | Statement (3) Docket Text: STATEMENT by Defendant UNIFY ATHLETICS, LLC. (BYRD, LE'RON) |
| Jan 14, 2022 | 34 | Transcript (53) Docket Text: Transcript of Proceedings held on 01/05/22, before Judge William L. Osteen, Jr.. Court Reporter/Transcriber J. Armstrong, Telephone number 336-332-6034. Email: joseph_armstrong@ncmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 2/7/2022. Redacted Transcript Deadline set for 2/17/2022. Release of Transcript Restriction set for 4/18/2022. (Armstrong, Joe) |
| Jan 12, 2022 | 31 | Memorandum Opinion and Order (30) Docket Text:MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 01/12/2022; that Plaintiff's motion for a preliminary injunction as requested in Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction with Request for Oral Argument, (Doc. [5]), is GRANTED IN PART as follows: that, Defendants, and all those acting in concert or participation with them, are hereby PROHIBITED AND ENJOINED from disclosing, using, or relying upon Plaintiff's trade secrets, proprietary or confidential information, including customer lists, customer contact information, class or program enrollment information, and billing information, which were accessed by Defendant Moavenzadeh without authorization as described herein; and FURTHER ORDERED that, Defendants SHALL preserve all data currently stored on computers over which they have possession, custody, or control, including personal digital assistants or mobile telephones, including any information stored on backup media, which currently stores, or which has stored, Plaintiff's confidential information, proprietary information, or trade secrets; and FURTHER ORDERED that Defendants SHALL preserve all emails on any computer under their control, including internet mail servers, personal digital assistants, and other hardware, that was at any time related to the solicitation or contact of Plaintiff's current or former clients; and FURTHER ORDERED that Defendants are hereby PROHIBITED AND ENJOINED from using the Instagram accounts previously named CHG.XCEL and CHG.MENS, now named UNIFY.GYM and UNIFYGYM.MENS, (see supra 13); and FURTHER ORDERED that security in the amount of $1,000.00, which has already been posted by Plaintiff, (Doc. [23]), shall serve as the bond contemplated by Federal Rule of Civil Procedure 65(c); and FURTHER ORDERED that Defendants SHALL each file with this court, within three (3) days of this Memorandum Opinion and Order, a statement under oath certifying their ongoing compliance with this Order. (Hicks, Samantha) |
| Jan 7, 2022 | N/A | Order on Motion for Extension of Time to Answer (0) Docket Text:ORDER granting [30] Motion for Extension of Time to Answer for VAHID KAVOUS MOAVENZADEH and UNIFY ATHLETICS, LLC. Answer due by 1/31/2022. Signed by John Brubaker, Clerk of Court, on 1/7/2022. (Brubaker, John) |
| Jan 7, 2022 | 29 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Attorney Appearance by attorney ANDREW A. KASPER on behalf of Defendants VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC (KASPER, ANDREW) |
| Jan 7, 2022 | 30 | Main Document (3) Docket Text: MOTION for Extension of Time to File Answer re [1] Complaint by VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC. (Attachments: # (1) Text of Proposed Order Proposed Order for Extension of Time)(BYRD, LE'RON) |
| Jan 7, 2022 | 30 | Text of Proposed Order Proposed Order for Extension of Time (1) |
| Jan 5, 2022 | N/A | Preliminary/Permanent Injunction Hearing (0) Docket Text: Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: Preliminary Injunction Motion Hearing held on 1/5/2022. Attorneys Jason Sneed, Meng Zhong, and Megan Sneed appeared on behalf of Plaintiff. Attorneys Andrew Kasper and Le'Ron Byrd appeared on behalf of Defendants. Court heard arguments from counsel; Court extends the temporary restraining order for seven days to allow the Court to prepare written findings of fact and conclusion of law to support a forthcoming Preliminary Injunction. (Court Reporter Joseph Armstrong.) (Daniel, J) |
| Jan 4, 2022 | 27 | Order on Motion for Leave (1) Docket Text:ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 01/04/2021; that Plaintiff's motion for leave to exceed word count limitation, (Doc. [26]), is GRANTED and that the word limit of Plaintiff's reply in support of preliminary injunction is enlarged from 3,125 to 3,625 words. (Hicks, Samantha) |
| Jan 4, 2022 | 28 | Main Document (22) Docket Text:Defendants' Brief in Opposition to Motion for Preliminary Injunction BRIEF re [5] MOTION for Temporary Restraining Order Against All Defendants. (Attachments: # (1) Affidavit Supplemental Declaration of Vahid Moavenzadeh)(BYRD, LE'RON) |
| Jan 4, 2022 | 28 | Affidavit Supplemental Declaration of Vahid Moavenzadeh (21) |
| Jan 3, 2022 | 26 | Main Document (3) Docket Text: MOTION for Leave to Exceed Word Count Limitation by CHGYM LLC. Responses due by 1/18/2022 (Attachments: # (1) Exhibit 1)(ZHONG, MENG) |
| Jan 3, 2022 | 26 | Exhibit 1 (126) |
| Dec 30, 2021 | 25 | Main Document (12) Docket Text: REPLY, filed by Plaintiff CHGYM LLC, to Response to [6] MOTION for Temporary Restraining Order (Memorandum in Support with Exhibits), [5] MOTION for Temporary Restraining Order Against All Defendants filed by CHGYM LLC. (Attachments: # (1) Supplement Declaration of Amanda Maness, # (2) Exhibit F, # (3) Exhibit G)(ZHONG, MENG) |
| Dec 30, 2021 | 25 | Supplement Declaration of Amanda Maness (2) |
| Dec 30, 2021 | 25 | Exhibit F (110) |
| Dec 30, 2021 | 25 | Exhibit G (2) |
| Dec 27, 2021 | N/A | Receipt of Funds (0) Docket Text: Receipt of Funds in the amount of $ 1000.00., Receipt#NCM056294, LP#1142. (Taylor, Abby) |
| Dec 27, 2021 | 23 | Main Document (2) Docket Text: Temporary Restraining Order BOND in the amount of $1,000.00 posted by CHGYM LLC, signed by Judge JUDGE WILLIAM L. OSTEEN, JR.. (Attachments: # (1) Exhibit 1: Shipment of Security to U.S. District Court for the Middle District of North Carolina)(SNEED, JASON) |
| Dec 27, 2021 | 23 | Exhibit 1: Shipment of Security to U.S. District Court for the Middle District o (11) |
| Dec 27, 2021 | 24 | Main Document (3) Docket Text: Declaration of Proof of Service served on Unify Athletics, LLC on 12/07/2021, filed by CHGYM LLC. Certification of Eric Kohli of Service. (Attachments: # (1) Affidavit Declaration, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4, # (6) Exhibit 5)(KOHLI, ERIC) |
| Dec 27, 2021 | 24 | Affidavit Declaration (3) |
| Dec 27, 2021 | 24 | Exhibit 1 (6) |
| Dec 27, 2021 | 24 | Exhibit 2 (2) |
| Dec 27, 2021 | 24 | Exhibit 3 (3) |
| Dec 27, 2021 | 24 | Exhibit 4 (2) |
| Dec 27, 2021 | 24 | Exhibit 5 (3) |
| Dec 22, 2021 | N/A | Set/Reset Deadlines/Hearings (0) Docket Text: Set Deadlines/Hearings: Motion Hearing set for 1/5/2022 02:00 PM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Garland, Leah) |
| Dec 22, 2021 | 21 | Temporary Restraining Order (6) Docket Text:TEMPORARY RESTRAINING ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 12/22/2021, that, pending the hearing on Plaintiff's motion for a preliminary injunction, Defendants, and all those acting in concert or participation with them, are hereby temporarily restrained and enjoined from disclosing, using, or relying upon Plaintiff's trade secrets, proprietary or confidential information, including customer lists, customer contact information, class or program enrollment information, and billing information. FURTHER ORDERED that, pending the hearing on Plaintiff's motion for a preliminary injunction, Defendants must preserve all data currently stored on computers over which they have possession, custody, or control, including personal digital assistants or mobile telephones, including any information stored on backup media, which currently stores, or which has stored, Plaintiff's confidential information or trade secrets. FURTHER ORDERED that, pending the hearing on Plaintiff's motion for a preliminary injunction, Defendants must preserve all emails on any computer under their control, including internet mail servers, personal digital assistants, and other hardware, that was at any time related to the solicitation or contact of Plaintiff's clients. FURTHER ORDERED that, pending the hearing on Plaintiff's motion for a preliminary injunction, Defendants must cease use of the Instagram accounts previously named "CHG.XCEL" and "CHG.MENS," now named "UNIFY.GYM" and "UNIFYGYM.MENS," (see Doc. [6] 18-19; Doc. [6]-2; Doc. [6]-3). FURTHER ORDERED that security in the amount of $1,000.00 shall be posted by Plaintiff and that this TRO shall become effective upon the posting of said bond with the Clerk of the Middle District of North Carolina; and FURTHER ORDERED that a hearing on Plaintiff's Motion for Preliminary Injunction, (Doc. [5]), shall occur before the undersigned on January 5, 2022, at 2:00 p.m. in Greensboro Courtroom 1. (Garland, Leah) |
| Dec 21, 2021 | 19 | Notice of Special Appearance (4) Docket Text: NOTICE of Special Appearance by attorney ERIC N. KOHLI on behalf of Plaintiff CHGYM LLC ( Filing fee $ 25 receipt number 0418-3197891.) (KOHLI, ERIC) |
| Dec 21, 2021 | 20 | Declaration of Proof of Service (5) Docket Text: Declaration of Proof of Service served on North Carolina Secretary of State Pursuant to N.C.G.S. 55D-33(b) on 12/21/2021, filed by CHGYM LLC. . (SNEED, JASON) |
| Dec 20, 2021 | 18 | Transcript (12) Docket Text: Transcript Excerpt of Proceedings held on 12/16/2021, before Judge William L. Osteen, Jr.. Court Reporter/Transcriber J. Armstrong, Telephone number 336-332-6034. Email: joseph_armstrong@ncmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 1/13/2022. Redacted Transcript Deadline set for 1/23/2022. Release of Transcript Restriction set for 3/23/2022. (Armstrong, Joe) |
| Dec 16, 2021 | N/A | TRO Hearing (0) Docket Text: Minute Entry for proceedings held before JUDGE WILLIAM L. OSTEEN, JR., in G-1: TRO Hearing held on 12/16/2021. Attorneys Jason Snead and Meng Zhong appeared on behalf of Plaintiff. Attorneys Andrew Kasper and Le'ron Byrd appeared on behalf of Defendants. Court heard arguments from counsel; Court takes under advisement [5] Motion for Temporary Restraining Order and Preliminary Injunction. Court directs parties to confer and draft a Proposed Order for its consideration. (Written Order forthcoming). (Court Reporter Joseph Armstrong.) (Welch, Kelly) |
| Dec 16, 2021 | 15 | Response to Motion (24) Docket Text: RESPONSE Brief in Opposition to Motion filed by Defendants VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC re [5] MOTION for Temporary Restraining Order Against All Defendants filed by CHGYM LLC filed by VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC. (BYRD, LE'RON) |
| Dec 16, 2021 | 16 | Main Document (24) Docket Text: Additional Attachments to Main Document re [15] Response to Motion, Defendant's Brief in Opposition to Motion for TRO. (Attachments: # (1) Exhibit EX 1 News Article, # (2) Exhibit Ex 2 News Article, # (3) Exhibit Ex 3 Affidavit of Vahid Kavous Moavenzadeh, # (4) Exhibit Ex 4 Affidavit of Susan Appelquist, # (5) Exhibit Ex 5 Affidavit of Jennifer Aspell, # (6) Exhibit Ex 6 Affidavit of Eric Bachelder, # (7) Exhibit Ex 7 Affidavit of Fernando Bernstein, # (8) Exhibit Ex 8 Affidavit of Victoria Bryson, # (9) Exhibit Ex 9 Affidavit of Kristi Cruthirds, # (10) Exhibit Ex 10 Affidavit of Elizabeth Evans, # (11) Exhibit Ex 11 Affidavit of Amy Howard, # (12) Exhibit Ex 12 Affidavit of Carmen Huerta-Bapat, # (13) Exhibit Ex 13 Affidavit of Una Kelley, # (14) Exhibit Ex 14 Affidavit of Mary Latham, # (15) Exhibit Ex 15 Affidavit of Rebecca Lee, # (16) Exhibit Ex 16 Affidavit of Barrette Welch McFall, # (17) Exhibit Ex 17 Affidavit of Erika Lea Seager, # (18) Exhibit Ex 18 Affidavit of Susan Thananopavarn, # (19) Exhibit Ex 19 Affidavit of Yinyan Xu, # (20) Exhibit Ex 20 Affidavit of Noah Zimmerman, # (21) Exhibit Ex 21 Affidavit of Andrea Zimmerman, # (22) Exhibit Ex 22 Affidavit of Heather Craig, # (23) Exhibit Ex 23 Affidavit of Sydney Culp, # (24) Exhibit Ex 24 Affidavit of Alice Dolbow, # (25) Exhibit Ex 25 Affidavit of Laura Helton, # (26) Exhibit Ex 26 Affidavit of Kristen Hendrickson, # (27) Exhibit Ex 27 Affidavit of Shirley LeBlanc, # (28) Exhibit Ex 28 Affidavit of Maria Malm Morgan, # (29) Exhibit Ex 29 Affidavit of Donna Nowicki, # (30) Exhibit Ex 30 Affidavit of Barbara Pelet, # (31) Exhibit Ex 31 Affidavit of Colleen Elizabeth Selleck, # (32) Exhibit Ex 32 Staci Lyn Marcus Spransy, # (33) Exhibit Ex 33 Affidavit of Heather Stafford, # (34) Exhibit Ex 34 Affidavit of Kelly Sullivan, # (35) Exhibit Ex 35 Affidavit of Catherine Walsh, # (36) Exhibit Ex 36 Affidavit of Gwendolyn Youngblood, # (37) Exhibit Ex 37 Affidavit of Ken Zhang)(BYRD, LE'RON) |
| Dec 16, 2021 | 16 | Exhibit EX 1 News Article (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 2 News Article (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 3 Affidavit of Vahid Kavous Moavenzadeh (8) |
| Dec 16, 2021 | 16 | Exhibit Ex 4 Affidavit of Susan Appelquist (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 5 Affidavit of Jennifer Aspell (6) |
| Dec 16, 2021 | 16 | Exhibit Ex 6 Affidavit of Eric Bachelder (5) |
| Dec 16, 2021 | 16 | Exhibit Ex 7 Affidavit of Fernando Bernstein (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 8 Affidavit of Victoria Bryson (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 9 Affidavit of Kristi Cruthirds (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 10 Affidavit of Elizabeth Evans (4) |
| Dec 16, 2021 | 16 | Exhibit Ex 11 Affidavit of Amy Howard (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 12 Affidavit of Carmen Huerta-Bapat (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 13 Affidavit of Una Kelley (4) |
| Dec 16, 2021 | 16 | Exhibit Ex 14 Affidavit of Mary Latham (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 15 Affidavit of Rebecca Lee (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 16 Affidavit of Barrette Welch McFall (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 17 Affidavit of Erika Lea Seager (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 18 Affidavit of Susan Thananopavarn (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 19 Affidavit of Yinyan Xu (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 20 Affidavit of Noah Zimmerman (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 21 Affidavit of Andrea Zimmerman (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 22 Affidavit of Heather Craig (4) |
| Dec 16, 2021 | 16 | Exhibit Ex 23 Affidavit of Sydney Culp (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 24 Affidavit of Alice Dolbow (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 25 Affidavit of Laura Helton (4) |
| Dec 16, 2021 | 16 | Exhibit Ex 26 Affidavit of Kristen Hendrickson (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 27 Affidavit of Shirley LeBlanc (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 28 Affidavit of Maria Malm Morgan (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 29 Affidavit of Donna Nowicki (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 30 Affidavit of Barbara Pelet (4) |
| Dec 16, 2021 | 16 | Exhibit Ex 31 Affidavit of Colleen Elizabeth Selleck (6) |
| Dec 16, 2021 | 16 | Exhibit Ex 32 Staci Lyn Marcus Spransy (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 33 Affidavit of Heather Stafford (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 34 Affidavit of Kelly Sullivan (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 35 Affidavit of Catherine Walsh (2) |
| Dec 16, 2021 | 16 | Exhibit Ex 36 Affidavit of Gwendolyn Youngblood (3) |
| Dec 16, 2021 | 16 | Exhibit Ex 37 Affidavit of Ken Zhang (3) |
| Dec 16, 2021 | 17 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Attorney Appearance by attorney JONAH A. GARSON on behalf of Defendants VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC (GARSON, JONAH) |
| Dec 15, 2021 | 14 | Notice of Special Appearance (4) Docket Text: NOTICE of Special Appearance by attorney MENG ZHONG on behalf of Plaintiff CHGYM LLC ( Filing fee $ 25 receipt number 0418-3194459.) (ZHONG, MENG) |
| Dec 14, 2021 | 13 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Attorney Appearance by attorney LE'RON A. BYRD on behalf of Defendants VAHID KAVOUS MOAVENZADEH, UNIFY ATHLETICS, LLC (BYRD, LE'RON) |
| Dec 9, 2021 | N/A | Set/Reset Deadlines/Hearings (0) Docket Text: Set Hearing: Motion Hearing set for 12/16/2021 at 11:00 AM in Greensboro Courtroom #1 before JUDGE WILLIAM L. OSTEEN JR. (Hicks, Samantha) |
| Dec 9, 2021 | 10 | Description not available (2) Docket Text: CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff CHGYM LLC (SNEED, JASON) (Main Document 10 replaced on 12/9/2021 with corrected document.) (Hicks, Samantha) |
| Dec 9, 2021 | 11 | Order (3) Docket Text:ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 12/09/2021; that a hearing will be held on Plaintiff's Motion for Temporary Restraining Order, (Doc. [5]), on Thursday, December 16, 2021, at 11:00 a.m. in Greensboro Courtroom 1. The parties shall be prepared to present argument on the issues before the court. This hearing date may be modified as additional information is provided to the court. The hearing may be continued if Plaintiff has been unable to serve Defendants by the date of the hearing. FURTHER ORDERED that Plaintiff shall serve a copy of this order on Defendants. (Hicks, Samantha) |
| Dec 9, 2021 | 12 | Main Document (3) Docket Text: CERTIFICATE re [1] Complaint, [9] Certificate-Other, [5] MOTION for Temporary Restraining Order Against All Defendantsand the Court's November 29, 2021 Text Order by Plaintiff CHGYM LLC. (Attachments: # (1) Exhibit 1: Social Media Posting on Facebook by Defendant Moavenzadeh)(SNEED, JASON) |
| Dec 9, 2021 | 12 | Exhibit 1: Social Media Posting on Facebook by Defendant Moavenzadeh (5) |
| Dec 7, 2021 | N/A | Case Referred to Judge (0) Docket Text: CASE REFERRED RE: [9] Certificate to JUDGE WILLIAM L. OSTEEN, JR. (Marsh, Keah) |
| Dec 6, 2021 | 9 | Main Document (3) Docket Text: CERTIFICATE re [7] Summons Issued, [1] Complaint, [5] MOTION for Temporary Restraining Order Against All Defendantsand the Court's November 29, 2021 Text Order by Plaintiff CHGYM LLC. (Attachments: # (1) Exhibit 1: Affidavit of Mr. Lucas Barton, Process Server with Legal Wheels, # (2) Exhibit 2: Article from Triangle Business Journal)(SNEED, JASON) |
| Dec 6, 2021 | 9 | Exhibit 1: Affidavit of Mr. Lucas Barton, Process Server with Legal Wheels (2) |
| Dec 6, 2021 | 9 | Exhibit 2: Article from Triangle Business Journal (12) |
| Nov 29, 2021 | N/A | Order (0) Docket Text:TEXT ORDER - Plaintiff has moved for a temporary restraining order and a preliminary injunction. (Doc. [5].) Fed. R. Civ. P. 65(b)(1)(B) permits a court to issue a temporary restraining order without notice to the adverse party or the adverse party's counsel only if "the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." It does not appear to this court that Plaintiff's counsel has made such a certification. Therefore, Plaintiff shall file a summons or other notice once Defendant has been notified of the request for a temporary restraining order, and then the court will set the matter for hearing. [Issued by JUDGE WILLIAM L. OSTEEN, JR., on 11/29/2021.] (Cable, Frances) |
| Nov 24, 2021 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Carter, Alexus) |
| Nov 24, 2021 | N/A | Case Assigned (0) Docket Text: Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOE L. WEBSTER. (Carter, Alexus) |
| Nov 24, 2021 | 1 | Complaint (19) Docket Text: COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0418-3180025.), filed by CHGYM LLC.(SNEED, JASON) |
| Nov 24, 2021 | 5 | Motion for TRO (4) Docket Text: MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION with Request for Oral Argument, filed by CHGYM LLC. Response to Motion due by 12/15/2021 (SNEED, JASON) Modified on 11/24/2021 to edit title of document (Welch, Kelly). |
| Nov 24, 2021 | 6 | Main Document (24) Docket Text: MEMORANDUM IN SUPPORT [5] MOTION for Temporary Restraining Order filed by CHGYM LLC. (Attachments: # (1) Exhibit Declaration in Support, # (2) Exhibit A to Maness Declaration, # (3) Exhibit B to Maness Declaration, # (4) Exhibit C to Maness Declaration, # (5) Exhibit D to Maness Declaration, # (6) Exhibit E to Maness Declaration)(SNEED, JASON) Modified on 11/24/2021 to edit title of document and terminate as a pending motion (Welch, Kelly). |
| Nov 24, 2021 | 6 | Exhibit Declaration in Support (8) |
| Nov 24, 2021 | 6 | Exhibit A to Maness Declaration (23) |
| Nov 24, 2021 | 6 | Exhibit B to Maness Declaration (14) |
| Nov 24, 2021 | 6 | Exhibit C to Maness Declaration (2) |
| Nov 24, 2021 | 6 | Exhibit D to Maness Declaration (2) |
| Nov 24, 2021 | 6 | Exhibit E to Maness Declaration (2) |
| Nov 24, 2021 | 7 | Main Document (2) Docket Text: Summons Issued as to All Defendants. (Attachments: # (1) Summons - Vahid Kavous Moavenzadeh) (Carter, Alexus) |
| Nov 24, 2021 | 7 | Summons - Vahid Kavous Moavenzadeh (2) |
| Nov 24, 2021 | 8 | Main Document (1) Docket Text: Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # (1) Consent Form) (Carter, Alexus) |
| Nov 24, 2021 | 8 | Consent Form (1) |
