Case number 1:17-cv-01572
Evol Nutrition Associates, Inc. v. Supplement Center, LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 4, 2020 | 87 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Plaintiff's Post Judgment Interrogatories and Requests for Production of Documents to Defendant Kenneth Affolter by Evol Nutrition Associates, Inc..(Bellus, John) |
| Sep 4, 2020 | 88 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Plaintiff's Post Judgment Interrogatories and Requests for Production of Documents to Defendant Supplement Center, LLC by Evol Nutrition Associates, Inc..(Bellus, John) |
| May 28, 2020 | N/A | Terminated Case (0) Docket Text: Civil Case Terminated. (jed) |
| May 28, 2020 | 86 | Order on Motion to Alter Judgment (14) Docket Text: ORDER denying [78] Motion to Alter Judgment and Motion for New Trial. Defendants are ORDERED to pay the Attorney Fee Judgment entered on February 6, 2020. As there are no remaining issues pending in this case, the Clerk of Court is DIRECTED to close the case. Signed by Judge Steven D. Grimberg on 5/28/2020. (jed) |
| May 27, 2020 | 85 | Notice (Other) (2) Docket Text: THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (rvb) (ADI) |
| May 4, 2020 | 84 | Notice (Other) (2) Docket Text: SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI) |
| Apr 6, 2020 | N/A | Submission to District Judge (0) Docket Text: Submission of [78] MOTION to Alter [75] Clerk's Judgment MOTION for New Trial to District Judge Steven D. Grimberg. (jed) |
| Apr 2, 2020 | 83 | Notice (Other) (2) Docket Text: Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI) |
| Apr 1, 2020 | 82 | Reply to Response to Motion (5) Docket Text: REPLY BRIEF re [78] MOTION to Alter [75] Clerk's Judgment MOTION for New Trial filed by Kenneth Affolter, Supplement Center, LLC. (Ward, Robert) Modified on 4/2/2020 to edit text (jed). |
| Mar 20, 2020 | 81 | Order (4) Docket Text: General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (jed) Modified on 3/20/2020 to edit text (jed). |
| Mar 19, 2020 | 80 | Response in Opposition to Motion (10) Docket Text: RESPONSE in Opposition re [78] MOTION to Alter [75] Clerk's Judgment MOTION for New Trial filed by Evol Nutrition Associates, Inc.. (Bellus, John) |
| Mar 9, 2020 | 79 | Response (Non-Motion) (10) Docket Text: RESPONSE re [76] Affidavit, Regarding Inability to Pay Attorney Fee Judgment filed by Evol Nutrition Associates, Inc.. (Bellus, John) |
| Mar 5, 2020 | 78 | Motion to Alter Judgment (7) Docket Text: MOTION to Alter [75] Clerk's Judgment , MOTION for New Trial with Brief In Support by Kenneth Affolter, Supplement Center, LLC. (Ward, Robert) |
| Feb 25, 2020 | 77 | Order (1) Docket Text: ORDER: The Court finds that Plaintiff should have an opportunity to respond to Defendants' [76] declaration and attachments. Accordingly, if Plaintiff wishes to file a response, it is DIRECTED to do so no later than March 10, 2020. Signed by Judge Steven D. Grimberg on 2/25/2020. (jed) |
| Feb 21, 2020 | N/A | Submission to District Judge (0) Docket Text: Submission of [76] Affidavit to District Judge Steven D. Grimberg. (jed) |
| Feb 20, 2020 | 76 | Main Document (3) Docket Text: AFFIDAVIT Showing Inability to Pay Award of Attorney's Fees by Kenneth Affolter, Supplement Center, LLC. (Attachments: # (1) Exhibit California Franchise Tax Board Notice, # (2) Exhibit Bank Statement Showing Tax Board seizure of Supplement Center account -- to Zero Balance)(Ward, Robert) |
| Feb 20, 2020 | 76 | Exhibit California Franchise Tax Board Notice (2) |
| Feb 20, 2020 | 76 | Exhibit Bank Statement Showing Tax Board seizure of Supplement Center account - (1) |
| Feb 6, 2020 | 74 | Order on Motion to Hold in Contempt (14) Docket Text: ORDER: The Court AWARDS Plaintiff attorneys' fees in the total amount of $17,193.50. Defendants are ORDERED to pay that amount no later than February 28, 2020. If Defendants are unable to pay this award, they must move for appropriate relief within fourteen days after entry of this Order. Plaintiff's second motion for contempt [68] is DENIED. Accordingly, Defendants' Motion to Submit a Sur-Reply Regarding Evol's Second Motion for Contempt [73] is DENIED AS MOOT. The Clerk is DIRECTED to administratively close this case if neither party files anything on the docket within 60 days after entry of this Order.. Signed by Judge Steven D. Grimberg on 2/6/2020. (jed) |
| Feb 6, 2020 | 75 | Clerk's Judgment (1) Docket Text: ATTORNEY FEE JUDGMENT awarding plaintiff attorneys fees in the amount of $17,193.50. (jed)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
| Nov 12, 2019 | N/A | Submission to District Judge (0) Docket Text: Submission of the [73] MOTION for Leave to File Surreply to District Judge Steven D. Grimberg. (aaq) |
| Oct 30, 2019 | N/A | Submission to District Judge (0) Docket Text: Submission of [68] Second MOTION for Contempt Against Defendants, to District Judge Steven D. Grimberg. (tcc) |
| Oct 24, 2019 | 73 | Motion for Leave to File (3) Docket Text: MOTION for Leave to File Surreply by Kenneth Affolter, Supplement Center, LLC. (Ward, Robert) |
| Oct 22, 2019 | 72 | Reply Brief (6) Docket Text: REPLY BRIEF re [68] Second MOTION for Contempt Against Defendants filed by Evol Nutrition Associates, Inc.. (Bellus, John) |
| Oct 8, 2019 | 70 | Certificate of Compliance (2) Docket Text: CERTIFICATE of Compliance regarding Standing Order (Ward, Robert) |
| Oct 8, 2019 | 71 | Response in Opposition to Motion (4) Docket Text: RESPONSE in Opposition re [68] Second MOTION for Contempt Against Defendants filed by Kenneth Affolter, Supplement Center, LLC. (Ward, Robert) |
| Oct 7, 2019 | 68 | Motion for Contempt (7) Docket Text: Second MOTION for Contempt Against Defendants by Evol Nutrition Associates, Inc.. (Bellus, John) |
| Oct 7, 2019 | 69 | Certificate of Compliance (2) Docket Text: CERTIFICATE of Compliance re [67] Order (Bellus, John) |
| Sep 27, 2019 | 67 | Order (30) Docket Text: STANDING ORDER regarding Civil Litigation. Signed by Judge Steven D. Grimberg on 9/26/19. (jpa) |
| Sep 17, 2019 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Steven D. Grimberg. Judge Eleanor L. Ross no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-1572-SDG. Please make note of this change in order to facilitate the docketing of pleadings in this case. (jpa) |
| Aug 12, 2019 | 66 | Main Document (48) Docket Text: TRANSCRIPT of Contempt Hearing Proceedings held on July 9, 2019, before Judge Eleanor L. Ross. Court Reporter/Transcriber Elizabeth G. Cohn. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. 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. Redaction Request due 9/3/2019. Redacted Transcript Deadline set for 9/12/2019. Release of Transcript Restriction set for 11/12/2019. (Attachments: # (1) Notice of Filing Transcript) (egc) |
| Aug 12, 2019 | 66 | Notice of Filing Transcript (1) |
| Aug 6, 2019 | 64 | Main Document (5) Docket Text: AFFIDAVIT of John E. Bellus, Jr. regarding attorneys' fees (Treated as Motion for Attorney Fees) re [63] Order by Evol Nutrition Associates, Inc. (Attachments: # (1) Exhibit A - Time Entries)(Bellus, John) Modified on 8/8/2019 to change to a motion per chambers (jpa). |
| Aug 6, 2019 | 64 | Exhibit A - Time Entries (9) |
| Aug 6, 2019 | 65 | Response (Non-Motion) (4) Docket Text: RESPONSE re [64] Affidavit, and Objections to Evol's Application for Fees filed by Kenneth Affolter, Kenneth Affolter, Supplement Center, LLC, Supplement Center, LLC. (Ward, Robert) |
| Jul 23, 2019 | 63 | Order on Motion to Hold in Contempt (15) Docket Text: ORDER granting [44] Motion to Reopen Case and for Contempt Sanctions against defendants; denying [52] Motion to Vacate consent judgment; and denying [62] Motion for Leave to File. The Court DIRECTS counsel for Plaintiff to file, on the docket, evidence of its attorneys' fees within thirty (30) days of the date of entry of this order. Additionally the Court DIRECTS Defendants to pay to Plaintiff the remaining amount of the $50,000 within thirty (30) days of the date of entry of this order. Signed by Judge Eleanor L. Ross on 7/23/19. (jpa) |
| Jul 22, 2019 | 62 | Main Document (16) Docket Text: Motion for Leave to Submit Post-Trial Analysis of Law and Evidence with Brief In Support by Kenneth Affolter, Kenneth Affolter, Supplement Center, LLC, Supplement Center, LLC. (Attachments: # (1) Exhibit A -- case law, # (2) Affidavit Declaration of Affolter)(Ward, Robert) Modified on 7/22/2019 to edit docket text (jpa). |
| Jul 22, 2019 | 62 | Exhibit A -- case law (4) |
| Jul 22, 2019 | 62 | Affidavit Declaration of Affolter (2) |
| Jul 16, 2019 | N/A | Submission to District Judge (0) Docket Text: Submission of [52] MOTION to Vacate, to District Judge Eleanor L. Ross. (jpa) |
| Jul 9, 2019 | 60 | Order Allowing Audio/Visual Equipment in the Courtroom (2) Docket Text: ORDER ALLOWING Bob Ward to bring AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 7/9/19 at 9:00 a.m. This order remains in force until the conclusion of the hearing. Signed by Judge Eleanor L. Ross on 7/9/19. (jpa) |
| Jul 9, 2019 | 61 | Show Cause Hearing (1) Docket Text: Minute Entry for proceedings held before Judge Eleanor L. Ross: Show Cause Hearing held on 7/9/2019. Also present at the hearing were Plaintiff, Jeremy Nickels CEO/President of Evol Nutrition Associates, Inc. and Defendant, Kenneth Affolter. Court called to order. Opening statements and arguments of the parties. The Court provided an opportunity for counsel to present the testimony of Defendant Kenneth Affolter to the Court. Counsel declined. The Court held the issues under advisement. [44]Motion for Contempt and [52] Motion to Vacate TAKEN UNDER ADVISEMENT. Court adjourned. (Court Reporter Elizabeth Cohn)(jpa) |
| Jul 7, 2019 | 59 | Main Document (3) Docket Text: NOTICE Of Filing by Evol Nutrition Associates, Inc. re [44] MOTION to Reopen Case MOTION for Contempt (Attachments: # (1) Exhibit 1 - Declaration of Jennifer Ahearn, # (2) Exhibit 2 - Records Certification and Declaration of Speed Laboratory, Inc.)(Buckshorn, Melissa) |
| Jul 7, 2019 | 59 | Exhibit 1 - Declaration of Jennifer Ahearn (31) |
| Jul 7, 2019 | 59 | Exhibit 2 - Records Certification and Declaration of Speed Laboratory, Inc. (3) |
| Jul 4, 2019 | 58 | Main Document (16) Docket Text: REPLY to Response to Motion re [52] MOTION to Vacate Consent Judgment filed by Kenneth Affolter, Kenneth Affolter, Supplement Center, LLC, Supplement Center, LLC. (Attachments: # (1) Affidavit Declaration of Affolter re: eliminating Phenibut from product line, # (2) Exhibit 1 -- Dangers of "Sleep Walker" Phenibut product, # (3) Exhibit 2 -- scholars' condemnation of Phenibut, # (4) Exhibit 3 -- FDA statement naming "Sleep Walker" as an "illegal product", # (5) Exhibit 4 -- Evol takes down "Sleep Walker", # (6) Exhibit 5 -- FDA notice re Evol as serial violator, # (7) Exhibit 6 -- Harrison article withheld from the Court, # (8) Exhibit 7 -- FDA-USDA Regs. Manual)(Ward, Robert) |
| Jul 4, 2019 | 58 | Affidavit Declaration of Affolter re: eliminating Phenibut from product line (2) |
| Jul 4, 2019 | 58 | Exhibit 1 -- Dangers of "Sleep Walker" Phenibut product (12) |
| Jul 4, 2019 | 58 | Exhibit 2 -- scholars' condemnation of Phenibut (10) |
| Jul 4, 2019 | 58 | Exhibit 3 -- FDA statement naming "Sleep Walker" as an "illegal (4) |
| Jul 4, 2019 | 58 | Exhibit 4 -- Evol takes down "Sleep Walker" (1) |
| Jul 4, 2019 | 58 | Exhibit 5 -- FDA notice re Evol as serial violator (6) |
| Jul 4, 2019 | 58 | Exhibit 6 -- Harrison article withheld from the Court (3) |
| Jul 4, 2019 | 58 | Exhibit 7 -- FDA-USDA Regs. Manual (61) |
| Jul 2, 2019 | 57 | Notice of Filing (4) Docket Text: NOTICE Of Filing Joint Proposed Hearing Schedule by Evol Nutrition Associates, Inc. re [55] Order (Bellus, John) |
| Jun 28, 2019 | 56 | Main Document (16) Docket Text: RESPONSE in Opposition re [52] MOTION to Vacate filed by Evol Nutrition Associates, Inc.. (Attachments: # (1) Exhibit A - Declaration of Todd A. Harrison, Esq.)(Bellus, John) |
| Jun 28, 2019 | 56 | Exhibit A - Declaration of Todd A. Harrison, Esq. (2) |
| Jun 18, 2019 | 55 | Order on Motion to Reopen Case (2) Docket Text: ORDER re [44] Motion to Reopen Case and for contempt as well as [52] Motion to Vacate and [54] Motion for oral argument. The Court REOPENS this case and GRANTS [54] Motion for Oral Argument. The Court SCHEDULES a Hearing regarding the remaining motions for 7/9/2019 at 10:00 AM in ATLA Courtroom 1708 before Judge Eleanor L. Ross. Signed by Judge Eleanor L. Ross on 6/18/19. (jpa) |
| Jun 14, 2019 | 52 | Main Document (2) Docket Text: MOTION to Vacate with Brief In Support by Kenneth Affolter, Supplement Center, LLC. (Attachments: # (1) Brief, # (2) Exhibit A -- Consent Judgment, # (3) Exhibit B -- USDA Notice of Illegality, # (4) Exhibit C -- Evol's Continuing Illegal Sales, # (5) Exhibit D -- Cease and Desist Letter Regarding Evol's Illegality, # (6) Exhibit E -- Evol's Arguments)(Ward, Robert) |
| Jun 14, 2019 | 52 | Brief (15) |
| Jun 14, 2019 | 52 | Exhibit A -- Consent Judgment (3) |
| Jun 14, 2019 | 52 | Exhibit B -- USDA Notice of Illegality (3) |
| Jun 14, 2019 | 52 | Exhibit C -- Evol's Continuing Illegal Sales (1) |
| Jun 14, 2019 | 52 | Exhibit D -- Cease and Desist Letter Regarding Evol's Illegality (2) |
| Jun 14, 2019 | 52 | Exhibit E -- Evol's Arguments (4) |
| Jun 14, 2019 | 53 | Main Document (3) Docket Text: NOTICE Of Filing by Evol Nutrition Associates, Inc. re [44] MOTION to Reopen Case MOTION for Contempt (Attachments: # (1) Exhibit Report of Engineering Systems Inc., # (2) Exhibit Declaration of Asif Noorani, # (3) Exhibit Declaration of Mirza Panjuani, # (4) Exhibit Declaration of Jeremy Nickels)(Bellus, John) |
| Jun 14, 2019 | 53 | Exhibit Report of Engineering Systems Inc. (23) |
| Jun 14, 2019 | 53 | Exhibit Declaration of Asif Noorani (1) |
| Jun 14, 2019 | 53 | Exhibit Declaration of Mirza Panjuani (1) |
| Jun 14, 2019 | 53 | Exhibit Declaration of Jeremy Nickels (1) |
| Jun 14, 2019 | 54 | Motion for Oral Argument (3) Docket Text: MOTION for Oral Argument re [44] MOTION to Reopen Case MOTION for Contempt by Evol Nutrition Associates, Inc.. (Bellus, John) |
| May 24, 2019 | 51 | Leave of Absence (1) Docket Text: Notice for Leave of Absence for the following date(s): 8/20/2019 through 9/8/2019, by Robert M. Ward. (Ward, Robert) Text modified on 5/28/2019 (btql). |
| Feb 1, 2019 | N/A | Clerks Notation for LOA/CIP (0) Docket Text: Clerks Notation re [50] Leave of Absence. Attorney John Edward Bellus is relieved from personally having to attend any proceedings or trials in this matter on the following dates: February 15-25, 2019 and April 12-22, 2019. This leave of absence will not affect the processing of this case including the scheduling of motions, hearings, trials or other events before this Court. (mlb) |
| Jan 31, 2019 | 50 | Leave of Absence (1) Docket Text: Notice for Leave of Absence for the following date(s): 02/15/19-02/25/19,04/12/19-04/22/19, by John Edward Bellus, Jr. (Bellus, John) |
| Jan 3, 2019 | N/A | Submission to District Judge (0) Docket Text: Submission of [44] MOTION to Reopen Case, MOTION for Contempt to District Judge Eleanor L. Ross. (cmd) |
| Jan 3, 2019 | 48 | Main Document (2) Docket Text: NOTICE Of Filing Re-Submission of Affolter Declaration re [46] RESPONSE in Opposition re [44] MOTION to Reopen Case MOTION for Contempt filed by Kenneth Affolter, Kenneth Affolter, Supplement Center, LLC, Supplement Center, LLC. (Attachments: # (1) Affidavit Re-submitted Declaration of Affolter, as executed)(Ward, Robert) Modified on 1/4/2019 to add docket relationship and edit event text. (cmd) |
| Jan 3, 2019 | 48 | Affidavit Re-submitted Declaration of Affolter, as executed (5) |
| Jan 3, 2019 | 49 | Main Document (3) Docket Text: NOTICE Of Filing Records Certification and Declaration of Advanced Laboratories Inc. by Evol Nutrition Associates, Inc. re [44] MOTION to Reopen Case MOTION for Contempt (Attachments: # (1) Exhibit Records Certification of Advanced Laboratories Inc.)(Bellus, John) |
| Jan 3, 2019 | 49 | Exhibit Records Certification of Advanced Laboratories Inc. (3) |
| Dec 31, 2018 | 47 | Main Document (13) Docket Text: REPLY to Response to Motion re [44] MOTION to Reopen Case MOTION for Contempt filed by Evol Nutrition Associates, Inc.. (Attachments: # (1) Exhibit A - Affidavit John E. Bellus, Jr.)(Bellus, John) |
| Dec 31, 2018 | 47 | Exhibit A - Affidavit John E. Bellus, Jr. (5) |
| Dec 17, 2018 | 46 | Main Document (13) Docket Text: RESPONSE in Opposition re [44] MOTION to Reopen Case MOTION for Contempt filed by Kenneth Affolter, Supplement Center, LLC. (Attachments: # (1) Affidavit Declaration of Ramsey, # (2) Exhibit A -- Transcript of Conversation with Evol's Agent, # (3) Affidavit Declaration of Affolter, # (4) Affidavit Affolter Signature Page, # (5) Exhibit B -- Photographic proof of payment)(Ward, Robert) |
| Dec 17, 2018 | 46 | Affidavit Declaration of Ramsey (1) |
| Dec 17, 2018 | 46 | Exhibit A -- Transcript of Conversation with Evol's Agent (11) |
| Dec 17, 2018 | 46 | Affidavit Declaration of Affolter (5) |
| Dec 17, 2018 | 46 | Affidavit Affolter Signature Page (1) |
| Dec 17, 2018 | 46 | Exhibit B -- Photographic proof of payment (1) |
| Dec 4, 2018 | 45 | Main Document (2) Docket Text: AFFIDAVIT re [44] MOTION to Reopen Case MOTION for Contempt of Jack "Bo" Arnold by Evol Nutrition Associates, Inc.. (Attachments: # (1) Exhibit A - Photo)(Bellus, John) |
| Dec 4, 2018 | 45 | Exhibit A - Photo (1) |
| Dec 3, 2018 | 44 | Main Document (19) Docket Text: MOTION to Reopen Case , MOTION for Contempt by Evol Nutrition Associates, Inc.. (Attachments: # (1) Exhibit A - Consent Judgment, # (2) Affidavit of Jeremy Nickels, # (3) Affidavit of John E. Bellus, Jr.)(Bellus, John) |
| Dec 3, 2018 | 44 | Exhibit A - Consent Judgment (3) |
| Dec 3, 2018 | 44 | Affidavit of Jeremy Nickels (19) |
| Dec 3, 2018 | 44 | Affidavit of John E. Bellus, Jr. (31) |
| Apr 24, 2018 | N/A | Terminated Case (0) Docket Text: Civil Case Terminated. (cmd) |
| Apr 24, 2018 | 42 | Consent Judgment (3) Docket Text: CONSENT JUDGMENT AND PERMANENT INJUNCTION ORDER: (1) Defendants are ORDERED to pay a monetary judgment to Plaintiff in the amount of $50,000.00; (2) The Court hereby ISSUES a permanent injunction restraining Defendants from producing or selling any dietary supplement products containing both Phenibut and Gamma-aminobutyric acid; (3) The Court hereby ISSUES a permanent injunction restraining Defendants from using the mark "Walkers," "Wakers," or any colorable variation thereof; (4) Defendants' counterclaims are hereby DISMISSED with prejudice. Signed by Judge Eleanor L. Ross on 4/24/2018. (cmd) |
| Apr 24, 2018 | 43 | A.O. Form 120 (1) Docket Text: AO Form 120 forwarded to Commissioner. (cmd) |
| Apr 23, 2018 | 41 | Proposed Consent Order (3) Docket Text: PROPOSED CONSENT ORDER Consent Judgment and Permanent Injunction Order. (Bellus, John) |
| Mar 30, 2018 | 40 | Protective Order (18) Docket Text: CONSENT PROTECTIVE ORDER. Signed by Judge Eleanor L. Ross on 3/30/2018. (cmd) |
| Mar 29, 2018 | 38 | Main Document (4) Docket Text: Joint MOTION for Extension of Time to Complete Discovery by Evol Nutrition Associates, Inc.. (Attachments: # (1) Text of Proposed Order Exhibit A - Proposed Order)(Bellus, John) |
| Mar 29, 2018 | 38 | Text of Proposed Order Exhibit A - Proposed Order (1) |
| Mar 29, 2018 | 39 | Order on Motion for Extension of Time to Complete Discovery (1) Docket Text: ORDER GRANTING [38] Motion for Extension of Time to Complete Discovery. Discovery ends on 6/8/2018. Signed by Judge Eleanor L. Ross on 3/29/2018. (cmd) |
| Mar 19, 2018 | 37 | Proposed Consent Order (18) Docket Text: PROPOSED CONSENT ORDER Consent Protective Order. (Bellus, John) |
| Mar 9, 2018 | 36 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE for the Notice of Deposition of Supplement Center, LLC Pursuant to Fed. R. Civ. P. 30(b)(6) by Evol Nutrition Associates, Inc..(Bellus, John) |
| Mar 1, 2018 | 34 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE for Plaintiff's Responses to Defendants' Interrogatories by Evol Nutrition Associates, Inc..(Bellus, John) |
| Mar 1, 2018 | 35 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE for Plaintiff's Responses to Defendants' Requests to Produce by Evol Nutrition Associates, Inc..(Bellus, John) |
| Feb 27, 2018 | 32 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE for Plaintiff's Second Continuing Interrogatories to Defendant Supplement Center, LLC by Evol Nutrition Associates, Inc..(Bellus, John) |
| Feb 27, 2018 | 33 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE for Plaintiff's Second Requests for Production of Documents to Defendant Supplement Center, LLC by Evol Nutrition Associates, Inc..(Bellus, John) |
| Feb 6, 2018 | N/A | Clerks Notation for LOA/CIP (0) Docket Text: Clerks Notation re [31] Leave of Absence. Attorney John Edward Bellus, Jr. is relieved from personally having to attend any proceedings or trials in this matter on the following dates: February 16-26, 2018 and march 9-12, 2018. This leave of absence will not affect the processing of this case including the scheduling of motions, hearings, trials or other events before this Court. (mlb) |
| Feb 2, 2018 | 31 | Leave of Absence (1) Docket Text: Notice for Leave of Absence for the following date(s): 2/16/18-2/26/18,3/9/18-3/12/18, by John Edward Bellus, Jr. (Bellus, John) |
| Jan 22, 2018 | 30 | Order on Motion for Extension of Time to Complete Discovery (1) Docket Text: ORDER GRANTING [29] Motion for Extension of Time to Complete Discovery. Discovery ends on 3/30/2018. Signed by Judge Eleanor L. Ross on 1/22/2018. (cmd) |
| Jan 19, 2018 | 29 | Main Document (4) Docket Text: Joint MOTION for Extension of Time to Complete Discovery by Evol Nutrition Associates, Inc.. (Attachments: # (1) Text of Proposed Order Exhibit A - Proposed Order)(Bellus, John) |
| Jan 19, 2018 | 29 | Text of Proposed Order Exhibit A - Proposed Order (1) |
| Sep 28, 2017 | 28 | Order (1) Docket Text: ORDER: The requested [27] Petition for Leave of Absence by Robert M. Ward is GRANTED. Signed by Judge Eleanor L. Ross on 9/28/2017. (cmd) |
| Sep 25, 2017 | 27 | Main Document (2) Docket Text: Petition for Leave of Absence for the following date(s): September 26 through October 27, 2017, by Robert M. Ward. (Attachments: # (1) Text of Proposed Order)(Ward, Robert) Modified on 9/26/2017 to edit text. (cmd) |
| Sep 25, 2017 | 27 | Text of Proposed Order (1) |
| Sep 14, 2017 | 25 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE for Plaintiff's First Continuing Interrogatories to Defendant Supplement Center, LLC by Evol Nutrition Associates, Inc..(Bellus, John) |
| Sep 14, 2017 | 26 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE for Plaintiff's First Requests for Production of Documents to Defendant Supplement Center, LLC by Evol Nutrition Associates, Inc..(Bellus, John) |
| Sep 7, 2017 | N/A | Clerks Notation for LOA/CIP (0) Docket Text: Clerks Notation re [24] Leave of Absence. Attorney John Edward Bellus, Jr. is relieved from personally having to attend any proceedings or trials in this matter on the following dates: September 13-18, 2017 and October 5-10, 2017. This leave of absence will not affect the processing of this case including the scheduling of motions, hearings, trials or other events before this Court. (mlb) |
| Sep 5, 2017 | 24 | Leave of Absence (1) Docket Text: Notice for Leave of Absence for the following date(s): 9/13/17-9/18/17,10/5/17-10/10/17, by John Edward Bellus, Jr. (Bellus, John) |
| Aug 24, 2017 | 23 | Main Document (3) Docket Text: NOTICE Of Filing Surety Bond for Preliminary Injunction by Evol Nutrition Associates, Inc. re [22] Order on Motion for Preliminary Injunction, Order on Motion for Leave to File (Attachments: # (1) Exhibit 1 - Surety Bond for Preliminary Injunction)(Bellus, John) Modified on 8/25/2017 to edit text. (cmd) |
| Aug 24, 2017 | 23 | Exhibit 1 - Surety Bond for Preliminary Injunction (3) |
| Aug 17, 2017 | 22 | Order on Motion for Preliminary Injunction (18) Docket Text: ORDER: The Court GRANTS Plaintiff's [5] Motion for a Preliminary Injunction and GRANTS IN PART and DENIES IN PART Defendants' [21] Motion to Make of Record Rebuttal Exhibits from Oral Argument and to Submit Post-Hearing Remarks. The Court ISSUES a preliminary injunction restraining Defendants from using "Walkers" mark in any manner during the pendency of this action. Based on the arguments by the parties at the hearing, the Court finds a bond in the amount of $25,000 to be reasonable and DIRECTS Plaintiff to present to the Court $25,000.00 as bond within five (5) days from the date of entry of this order. Signed by Judge Eleanor L. Ross on 8/16/2017. (cmd) |
| Aug 12, 2017 | 21 | Main Document (2) Docket Text: MOTION for Leave to File Hearing Rebuttal Exhibits and MOTION for Leave to Submit Post-Hearing Remarks and Legal Authorities with Brief In Support by Kenneth Affolter, Supplement Center, LLC. (Attachments: # (1) Brief in support of motion to file Exhibits A-C and to submit post-hearing remarks, # (2) Exhibit Exhibits A-C)(Ward, Robert) . Added MOTION for Leave to Submit Post-Hearing Remarks on 8/15/2017. (cmd) |
| Aug 12, 2017 | 21 | Brief in support of motion to file Exhibits A-C and to submit post-hearing rema (11) |
| Aug 12, 2017 | 21 | Exhibit Exhibits A-C (4) |
| Aug 9, 2017 | 19 | Order Allowing Audio/Visual Equipment in the Courtroom (2) Docket Text: ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 8/9/2017 at 12:00 pm. Signed by Judge Eleanor L. Ross on 8/9/2017. (cmd) |
| Aug 9, 2017 | 20 | Order on Motion for Oral Argument (1) Docket Text: Minute Entry for proceedings held before Judge Eleanor L. Ross: Motion Hearing held on 8/9/2017 re [5] MOTION for Preliminary Injunction, MOTION for Oral Argument. [5] Motion for Oral Argument GRANTED. Also present during the hearing was Jeremy Nickels, President of Evol Nutrition Associates, Inc. Court called to order. The parties outlined the issues and provided oral arguments. The Court will prepare an order with its ruling. Court adjourned. (Court Reporter Elizabeth Cohn)(cmd) |
| Aug 5, 2017 | 18 | Initial Disclosures (17) Docket Text: Initial Disclosures by Kenneth Affolter, Supplement Center, LLC.(Ward, Robert) |
| Aug 2, 2017 | 17 | Initial Disclosures (19) Docket Text: Initial Disclosures by Evol Nutrition Associates, Inc..(Bellus, John) |
| Jul 25, 2017 | 16 | Scheduling Order (1) Docket Text: SCHEDULING ORDER re: [15] Joint Preliminary Report and Discovery Plan. The parties stipulate that there should be a six (6) month discovery period, ending on January 22, 2018. Signed by Judge Eleanor L. Ross on 7/25/2017. (cmd) |
| Jul 23, 2017 | 15 | Main Document (16) Docket Text: JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Evol Nutrition Associates, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Scheduling Order)(Bellus, John) |
| Jul 23, 2017 | 15 | Text of Proposed Order Proposed Scheduling Order (1) |
| Jul 10, 2017 | 14 | Answer to Counterclaim (9) Docket Text: ANSWER to [11] Counterclaim by Evol Nutrition Associates, Inc..(Bellus, John) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Jun 30, 2017 | 13 | Main Document (17) Docket Text: REPLY to Response to Motion re [5] MOTION for Preliminary Injunction MOTION for Oral Argument filed by Evol Nutrition Associates, Inc.. (Attachments: # (1) Exhibit A - Declaration of J. Bellus, # (2) Exhibit B - Declaration of G. Nobile, # (3) Exhibit C - Declaration of J. Frye, # (4) Exhibit D - Declaration of M. Buckshorn, # (5) Exhibit E - Declaration of A. Nobile, # (6) Exhibit F - Invoice)(Bellus, John) Modified on 7/3/2017 to edit duplicative exhibit text. (cmd) |
| Jun 30, 2017 | 13 | Exhibit Exhibit A - Declaration of J. Bellus (6) |
| Jun 30, 2017 | 13 | Exhibit Exhibit B - Declaration of G. Nobile (3) |
| Jun 30, 2017 | 13 | Exhibit Exhibit C - Declaration of J. Frye (3) |
| Jun 30, 2017 | 13 | Exhibit Exhibit D - Declaration of M. Buckshorn (3) |
| Jun 30, 2017 | 13 | Exhibit Exhibit E - Declaration of A. Nobile (4) |
| Jun 30, 2017 | 13 | Exhibit Exhibit F - Invoice (1) |
| Jun 22, 2017 | 12 | Main Document (22) Docket Text: RESPONSE in Opposition re [5] MOTION for Preliminary Injunction MOTION for Oral Argument filed by Kenneth Affolter, Kenneth Affolter, Supplement Center, LLC, Supplement Center, LLC. (Attachments: # (1) Exhibit A -- Essentia caselaw re absence of actual confusion, # (2) Affidavit Declaration of Affolter)(Ward, Robert) |
| Jun 22, 2017 | 12 | Exhibit A -- Essentia caselaw re absence of actual confusion (9) |
| Jun 22, 2017 | 12 | Affidavit Declaration of Affolter (6) |
| Jun 21, 2017 | 11 | Main Document (36) Docket Text: ANSWER to [1] COMPLAINT with Jury Demand and COUNTERCLAIM against Evol Nutrition Associates, Inc. with Jury Demand by Supplement Center, LLC, Kenneth Affolter. (Attachments: # (1) Exhibit A -- Tortious Threat to Customer 1, # (2) Exhibit B -- Tortious Threat to Customer 2)(Ward, Robert) (Discovery ends on 11/20/2017.) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 6/22/2017 to edit text. (cmd) |
| Jun 21, 2017 | 11 | Exhibit A -- Tortious Threat to Customer 1 (3) |
| Jun 21, 2017 | 11 | Exhibit B -- Tortious Threat to Customer 2 (3) |
| Jun 19, 2017 | N/A | Order on Motion for Extension of Time (0) Docket Text: MINUTE ORDER (by docket entry only) Granting [10] Motion for Extension of Time and Rescheduling the hearing [9] for Wednesday, August 9, 2017 @ 1:00 pm. Approved by District Judge Eleanor L. Ross on 6/19/17. (mlb) |
| Jun 15, 2017 | 10 | Motion for Extension of Time (3) Docket Text: Consent MOTION for Extension of Time re: [9] Order Setting Hearing on Motion, by Kenneth Affolter, Supplement Center, LLC. (Ward, Robert) |
| Jun 14, 2017 | 9 | Order Setting Hearing on Motion (2) Docket Text: ORDER - The Court sets the following schedule for Plaintiff's [5] Motion for Preliminary Injunction and Request for Oral Argument. Defendants' response shall be due on or before Friday, June 23, 2017. Plaintiff's reply shall be due on or before Friday, June 30, 2017. A hearing in this matter is scheduled for Tuesday, July 18, 2017 at 10:30 AM in Courtroom 1708 before Judge Eleanor L. Ross. Signed by Judge Eleanor L. Ross on 6/13/2017. (cmd) |
| Jun 7, 2017 | 7 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Robert M. Ward on behalf of Kenneth Affolter, Supplement Center, LLC (Ward, Robert) |
| Jun 7, 2017 | 8 | Return of Service Executed (3) Docket Text: Return of Service Executed by Evol Nutrition Associates, Inc.. Kenneth Affolter served on 5/31/2017, answer due 6/21/2017. (Buckshorn, Melissa) |
| May 30, 2017 | N/A | Submission to District Judge (0) Docket Text: Submission of [5] MOTION for Preliminary Injunction, MOTION for Oral Argument to District Judge Eleanor L. Ross. (cmd) |
| May 12, 2017 | N/A | Clerks Notation for LOA/CIP (0) Docket Text: Clerks Notation re [6] Certificate of Interested Persons/Corporate Disclosures. Approved by District Judge Eleanor L. Ross. (mlb) |
| May 11, 2017 | 5 | Main Document (6) Docket Text: MOTION for Preliminary Injunction and Request for Oral Argument with Brief In Support by Evol Nutrition Associates, Inc. (Attachments: # (1) Brief Brief in Support of Plaintiff's Motion for Preliminary Injunction, # (2) Affidavit Exhibit 1 to Brief - Affidavit of Jeremy Nickels, # (3) Affidavit Exhibit 2 to Brief - Affidavit of John E. Bellus, Jr., with exhibits)(Bellus, John). Added MOTION for Oral Argument on 5/12/2017. |
| May 11, 2017 | 5 | Brief Brief in Support of Plaintiff's Motion for Preliminary Injunction (19) |
| May 11, 2017 | 5 | Affidavit Exhibit 1 to Brief - Affidavit of Jeremy Nickels (6) |
| May 11, 2017 | 5 | Affidavit Exhibit 2 to Brief - Affidavit of John E. Bellus, Jr., with exhibits (17) |
| May 11, 2017 | 6 | Certificate of Interested Persons (3) Docket Text: Certificate of Interested Persons by Evol Nutrition Associates, Inc.. (Bellus, John) |
| May 3, 2017 | N/A | Submission to District Judge (0) Docket Text: Submission of [1] Complaint with Request for Preliminary Injunction to District Judge Eleanor L. Ross. (cmd) |
| May 3, 2017 | 2 | Main Document (2) Docket Text: Electronic Summons Issued as to Supplement Center, LLC and Kenneth Affolter. (Attachments: # (1) Summons Kenneth Affolter)(cmd) |
| May 3, 2017 | 2 | Summons Kenneth Affolter (2) |
| May 3, 2017 | 3 | Order (12) Docket Text: NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| May 3, 2017 | 4 | A.O. Form 120 (1) Docket Text: AO Form 120 forwarded to Commissioner. (cmd) |
| May 2, 2017 | 1 | Main Document (16) Docket Text: COMPLAINT with Request for Preliminary Injunction and Jury Demand filed by Evol Nutrition Associates, Inc. (Filing fee $400 receipt number 113E-7123599.) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Civil Cover Sheet)(cmd) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
| May 2, 2017 | 1 | Exhibit A (2) |
| May 2, 2017 | 1 | Exhibit B (4) |
| May 2, 2017 | 1 | Exhibit C (2) |
| May 2, 2017 | 1 | Exhibit D (2) |
| May 2, 2017 | 1 | Exhibit E (2) |
| May 2, 2017 | 1 | Exhibit F (4) |
| May 2, 2017 | 1 | Civil Cover Sheet (2) |
