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Case number 3:17-cv-00727

La Michoacana Natural, LLC v. Maestre et al > Documents

Date Field Doc. No.Description (Pages)
Dec 17, 2021 198 Order on Motion for Extension of Time (1)
Docket Text:ORDER granting [197] Joint Motion for 40-Day Extension of Time for Defendants to File Motion for Attorneys' Fees. Defendants shall have up to and including January 31, 2022 to file their motions for attorneys' fees. Signed by Magistrate Judge David Keesler on 12/17/21. (mga)
Dec 16, 2021 197 Motion for Extension of Time (2)
Docket Text: Joint MOTION for Extension of Time for Defendants to File Motion for Attorneys' Fees by Luis Maestre, Adriana Teran. Responses due by 12/30/2021 (Chapman, Laura). Motions referred to David Keesler.
Nov 15, 2021 195 Motion for Extension of Time (2)
Docket Text: Joint MOTION for Extension of Time for Defendants to File Motion for Attorneys' Fees by Luis Maestre, Adriana Teran. Responses due by 11/29/2021 (Chapman, Laura). Motions referred to David Keesler.
Nov 15, 2021 196 Order on Motion for Extension of Time (1)
Docket Text:ORDER granting [195] Joint Motion for Extension of Time for Defendants to File Motion for Attorneys' Fees. Defendants shall have up to and including December 22, 2021 to file their motion for attorneys' fees. Signed by Magistrate Judge David Keesler on 11/15/21. (mga)
Oct 7, 2021 194 Status Report (3)
Docket Text: STATUS REPORT Regarding Cancellation of State Trademark Registrations by La Michoacana Natural, LLC (Allan, Albert)
Sep 20, 2021 193 Order on Motion for Extension of Time (1)
Docket Text:ORDER granting [192] Joint Motion for 60-Day Extension of Time to File Motion for Attorneys' Fees . Motion due by 11/22/2021. Signed by Magistrate Judge David Keesler on 9/20/21. (mga)
Sep 17, 2021 192 Motion for Extension of Time (2)
Docket Text: Joint MOTION for Extension of Time to File Motion for Attorneys' Fees by Luis Maestre, Adriana Teran. Responses due by 10/1/2021 (Chapman, Laura). Motions referred to David Keesler.
Sep 9, 2021 191 Transcript (30)
Docket Text: TRANSCRIPT of Summary Judgment Motion Hearing held on 8/30/2021 before Judge Robert J. Conrad, Jr. 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. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 12/6/2021. (Reporter: Laura Andersen, 704-350-7493)
Sep 7, 2021 188 Order on Motion for Summary Judgment (26)
Docket Text:ORDER granting Defendant's [167] Motion for Summary Judgment. Plaintiff's claims against Defendants are DISMISSED. Defendant's counterclaims against Plaintiff are GRANTED. Defendants' request for permanent injunction against Plaintiff from using La Michoacana and La Michoacana Natural word marks, the Indian Girl design mark, or any confusingly similar marks is GRANTED for the geographic area encompassing Mecklenburg County, Cabarrus County, and Union County. Plaintiff's [173] Motion to Dismiss its Third and Fifth Claims is DENIED as moot. The Clerk of Court is directed to terminate these proceedings. Signed by District Judge Robert J. Conrad, Jr on 9/7/2021. (brl)
Sep 7, 2021 189 Clerk's Judgment (1)
Docket Text:CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 9/7/2021. Signed by Clerk, Frank G. Johns. (brl)
Sep 7, 2021 190 Main Document (1)
Docket Text: REPORT on the Determination of an action regarding patent and/or trademark numbers contained in complaint. (Attachments: # (1) Complaint, # (2) Order, # (3) Clerk's Judgment) (brl)
Sep 7, 2021 190 Complaint (121)
Sep 7, 2021 190 Order (26)
Sep 7, 2021 190 Clerk's Judgment (1)
Aug 30, 2021 N/A Motion Hearing (0)
Docket Text: Minute Entry: MOTION HEARING held before District Judge Robert J. Conrad, Jr. Re [173] MOTION to Dismiss Its Third and Fifth Claims for Relief, [167] MOTION for Summary Judgment by Defendants. Motion taken under advisement, order to issue. Plaintiffs attorney: Albert Allan. Defendants attorney: Matthew DeAntonio, Laura Chapman. Court reporter: Laura Andersen. (brl)
Aug 16, 2021 N/A Order on Motion to Continue Docket Call/Trial (0)
Docket Text:TEXT-ONLY ORDER granting [187] Motion to Continue Docket Call/Trial. Jury Trial RESET for 11/1/2021 09:30 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr.Entered by District Judge Robert J. Conrad, Jr on 8/16/2021. (brl)
Aug 16, 2021 N/A Notice of Hearing on Motion (0)
Docket Text: NOTICE of Hearing on Motion re: [173] MOTION to Dismiss Its Third and Fifth Claims for Relief, [167] MOTION for Summary Judgment by Defendants : Motion Hearing RESET for 8/30/2021 11:00 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)
Aug 11, 2021 187 Motion to Continue Docket Call/Trial (4)
Docket Text: Joint MOTION to Continue Docket Call/Trial by La Michoacana, Luis Maestre, Adriana Teran. Responses due by 8/25/2021 (Chapman, Laura) Modified text on 8/12/2021 (ams).
Aug 6, 2021 186 Exhibit List (5)
Docket Text: Exhibit List by La Michoacana Natural, LLC.(Allan, Albert)
Jul 2, 2021 184 Order on Motion to Withdraw as Attorney (1)
Docket Text:ORDER granting [183] Motion to Withdraw as Attorney. Attorney Corby C. Anderson terminated. Signed by Magistrate Judge David Keesler on 7/2/21. (mga)
Jul 1, 2021 183 Main Document (3)
Docket Text: MOTION to Withdraw as Attorney by La Michoacana, Luis Maestre, Adriana Teran. Responses due by 7/15/2021 (Attachments: # (1) Proposed Order regarding Motion to Withdraw as Counsel) (Anderson, Corby). Motions referred to David Keesler.
Jul 1, 2021 183 Proposed Order regarding Motion to Withdraw as Counsel (2)
Jun 24, 2021 N/A Notice of Hearing on Motion (0)
Docket Text: NOTICE of Hearing on Motion re: [167] MOTION for Summary Judgment by Defendants : Motion Hearing set for 8/23/2021 11:00 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)
Apr 21, 2021 N/A Order on Motion to Continue Docket Call/Trial (0)
Docket Text:TEXT-ONLY ORDER granting [182] Motion to Continue Docket Call/Trial. Jury Trial RESET for 9/7/2021 09:30 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr.Entered by District Judge Robert J. Conrad, Jr on 4/21/2021. (brl)
Apr 7, 2021 182 Motion to Continue Docket Call/Trial (4)
Docket Text: Joint MOTION to Continue Docket Call/Trial and Pretrial Deadlines by Luis Maestre, Adriana Teran. Responses due by 4/21/2021 (Chapman, Laura) Modified text on 4/8/2021 (brl).
Apr 2, 2021 N/A Order on Motion to Continue Docket Call/Trial (0)
Docket Text:TEXT-ONLY ORDER granting [181] Motion to Continue Docket Call/Trial. Jury Trial RESET for 7/6/2021 09:30 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr.Entered by District Judge Robert J. Conrad, Jr on 4/2/2021. (Pro se litigant served by US Mail.)(brl)
Apr 1, 2021 181 Motion to Continue Docket Call/Trial (4)
Docket Text: Joint MOTION to Continue Docket Call/Trial by Luis Maestre, Adriana Teran. Responses due by 4/15/2021 (Chapman, Laura)
Mar 6, 2021 180 Answer to Complaint (10)
Docket Text: ANSWER to Complaint Amended Counterclaims by La Michoacana Natural, LLC.(Allan, Albert)
Feb 19, 2021 179 Answer to Counterclaim (13)
Docket Text:Defendants' and Counter-Claimants' First Amended Counter-Claims ANSWER to [48] Answer to Complaint,, Counterclaim, by Luis Maestre, Adriana Teran.(Chapman, Laura)
Feb 18, 2021 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Amended Counter-Claims due by 2/19/2021. (mga)
Feb 18, 2021 177 Order on Motion for Leave to File (8)
Docket Text:ORDER granting [159] Motion for Leave to File First Amended Counter-Claims. Defendants shall file Amended Counter-Claims on or before February 19, 2021. Signed by Magistrate Judge David Keesler on 2/17/21. (Pro se litigant served by US Mail.)(mga)
Feb 18, 2021 178 Order on Motion to Quash (6)
Docket Text:ORDER granting [154] Motion to Quash Subpoenas Served On Non-Party PLM Operations, LLC and Non-Party Lorenzo Barraza. IT IS FURTHER ORDERED that Plaintiff shall reimburse Movants for their reasonable costs and attorneys fees in preparing and filing the pending motion and its supporting documents. The parties are respectfully encouraged to resolve this issue without further intervention; however, if they are unable to do so, PLM and Barraza may file a separate motion including appropriate support for the reasonable costs and fees its seeks, on or before March 11, 2021. Signed by Magistrate Judge David Keesler on 2/17/21. (Pro se litigant served by US Mail.)(mga)
Feb 12, 2021 N/A Oral or Text-Only Order (0)
Docket Text:TEXT-ONLY ORDER Text of Order: In light of the pending motions in this case, the jury trial scheduled in this matter will be continued to the next term. So Ordered., Jury Trial RESET for 5/3/2021 09:30 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. Entered by District Judge Robert J. Conrad, Jr on 2/12/2021. (brl)
Feb 3, 2021 176 Reply to Response to Motion (8)
Docket Text: REPLY to Response to Motion re [173] MOTION to Dismiss Its Third and Fifth Claims for Relief by La Michoacana Natural, LLC. (Allan, Albert)
Jan 27, 2021 175 Response in Opposition to Motion (6)
Docket Text: RESPONSE in Opposition re [173] MOTION to Dismiss Its Third and Fifth Claims for Relief by Luis Maestre, Adriana Teran. Replies due by 2/3/2021 (Chapman, Laura)
Jan 14, 2021 173 Motion to Dismiss (3)
Docket Text: MOTION to Dismiss Its Third and Fifth Claims for Relief by La Michoacana Natural, LLC. Responses due by 1/28/2021 (Allan, Albert). Modified to remove referral on 7/22/2021 (mga).
Jan 14, 2021 174 Memorandum in Support of Motion (6)
Docket Text: MEMORANDUM in Support re [173] MOTION to Dismiss Its Third and Fifth Claims for Relief by La Michoacana Natural, LLC. (Allan, Albert)
Jan 11, 2021 172 Main Document (27)
Docket Text: REPLY to Response to Motion re [167] MOTION for Summary Judgment by Defendants by La Michoacana, Luis Maestre, Adriana Teran. (Attachments: # (1) Exhibit 1 - TTAB Motion for Summary Judgment, 5-19-2020, # (2) Exhibit 2 - TTAB Order on MSJ, 1-8-2021, # (3) Exhibit 3 - Plaintiff's Initial Disclosures, 6-12-2018, # (4) Exhibit 4 - Plaintiff's Supplement to Initial Disclosures, 12-21-2020, # (5) Exhibit 5 - Luis Maestre Depo Exhibit 138)(Chapman, Laura)
Jan 11, 2021 172 Exhibit 1 - TTAB Motion for Summary Judgment, 5-19-2020 (42)
Jan 11, 2021 172 Exhibit 2 - TTAB Order on MSJ, 1-8-2021 (6)
Jan 11, 2021 172 Exhibit 3 - Plaintiff's Initial Disclosures, 6-12-2018 (15)
Jan 11, 2021 172 Exhibit 4 - Plaintiff's Supplement to Initial Disclosures, 12-21-2020 (5)
Jan 11, 2021 172 Exhibit 5 - Luis Maestre Depo Exhibit 138 (2)
Dec 30, 2020 171 Order on Motion for Extension of Time (1)
Docket Text:ORDER granting [170] Unopposed Motion for Extension of Time to File Reply Brief in Further Support of Motion for Summary Judgment. Defendants shall file their Reply Brief in further support of their Motion for Summary Judgment on or before January 11, 2021. Signed by Magistrate Judge David Keesler on 12/30/20. (Pro se litigant served by US Mail.)(mga)
Dec 29, 2020 170 Motion for Extension of Time (4)
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply re: [167] MOTION for Summary Judgment by Defendants by Luis Maestre, Adriana Teran. Responses due by 1/12/2021 (Chapman, Laura). Motions referred to David Keesler.
Dec 28, 2020 169 Main Document (16)
Docket Text: RESPONSE in Opposition re [167] MOTION for Summary Judgment by Defendants by La Michoacana Natural, LLC. Replies due by 1/4/2021 (Attachments: # (1) Exhibit 1: Maestre Deposition Excerpts, # (2) Exhibit 2: Patterson Declaration, # (3) Exhibit 3: Mendez Declaration, # (4) Exhibit 4: Maestre Responses to First Set of Interrogatories, # (5) Exhibit 5: Arguelles Deposition Excerpts, # (6) Exhibit 6: Beach Mart case)(Allan, Albert)
Dec 28, 2020 169 Exhibit 1: Maestre Deposition Excerpts (20)
Dec 28, 2020 169 Exhibit 2: Patterson Declaration (2)
Dec 28, 2020 169 Exhibit 3: Mendez Declaration (3)
Dec 28, 2020 169 Exhibit 4: Maestre Responses to First Set of Interrogatories (7)
Dec 28, 2020 169 Exhibit 5: Arguelles Deposition Excerpts (10)
Dec 28, 2020 169 Exhibit 6: Beach Mart case (12)
Dec 11, 2020 167 Main Document (5)
Docket Text: MOTION for Summary Judgment by Defendants by Luis Maestre, Adriana Teran. Responses due by 12/28/2020 (Attachments: # (1) Proposed Order) (Chapman, Laura)
Dec 11, 2020 167 Proposed Order (2)
Dec 11, 2020 168 Main Document (32)
Docket Text: MEMORANDUM in Support re [167] MOTION for Summary Judgment by Defendants by Luis Maestre, Adriana Teran. (Attachments: # (1) Exhibit A - Rigoberto Fernandez Depo Excerpts, # (2) Exhibit B - Doris Fernandez Depo Excerpts, # (3) Exhibit C - Luis Maestre Depo Excerpts, # (4) Exhibit D - Patricia Arguelles Depo Excerpts, # (5) Affidavit Declaration of Laura L. Chapman)(Chapman, Laura)
Dec 11, 2020 168 Exhibit A - Rigoberto Fernandez Depo Excerpts (12)
Dec 11, 2020 168 Exhibit B - Doris Fernandez Depo Excerpts (22)
Dec 11, 2020 168 Exhibit C - Luis Maestre Depo Excerpts (6)
Dec 11, 2020 168 Exhibit D - Patricia Arguelles Depo Excerpts (30)
Dec 11, 2020 168 Affidavit Declaration of Laura L. Chapman (4)
Dec 4, 2020 166 Report of Mediation (3)
Docket Text: REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Chapman, Laura)
Dec 1, 2020 165 Notice (Other) (4)
Docket Text: NOTICE of Potential Scheduling Conflict by La Michoacana Natural, LLC (Allan, Albert)
Nov 24, 2020 163 Reply to Response to Motion (9)
Docket Text: REPLY to Response to Motion re [159] MOTION for Leave to File First Amended Counter-Claims by Luis Maestre, Adriana Teran. (Chapman, Laura)
Nov 17, 2020 162 Response in Opposition to Motion (10)
Docket Text: RESPONSE in Opposition re [159] MOTION for Leave to File First Amended Counter-Claims by La Michoacana Natural, LLC. Replies due by 11/24/2020 (Allan, Albert)
Nov 6, 2020 161 Reply to Response to Motion (6)
Docket Text: REPLY to Response to Motion re [154] MOTION to Quash Subpoenas Served on Non-Parties PLM Operations, LLC and Lorenzo Barraza by Luis Maestre, PLM Operations, LLC, Adriana Teran. (Chapman, Laura)
Nov 3, 2020 159 Main Document (7)
Docket Text: MOTION for Leave to File First Amended Counter-Claims by Luis Maestre, Adriana Teran. Responses due by 11/17/2020 (Attachments: # (1) Exhibit 1 - [Proposed] First Amended Counter-Claims, # (2) Proposed Order) (Chapman, Laura). Motions referred to David Keesler.
Nov 3, 2020 159 Exhibit 1 - [Proposed] First Amended Counter-Claims (14)
Nov 3, 2020 159 Proposed Order (1)
Nov 3, 2020 160 Memorandum in Support of Motion (10)
Docket Text: MEMORANDUM in Support re [159] MOTION for Leave to File First Amended Counter-Claims by Luis Maestre, Adriana Teran. (Chapman, Laura)
Oct 29, 2020 158 Main Document (8)
Docket Text: RESPONSE in Opposition re [154] MOTION to Quash Subpoenas Served on Non-Parties PLM Operations, LLC and Lorenzo Barraza by La Michoacana Natural, LLC. Replies due by 11/5/2020 (Attachments: # (1) Exhibit 1 - Initial Disclosures, # (2) Exhibit 2 - First Set of Interrogatories, # (3) Exhibit 3 - Response to First Set of Interrogatories, # (4) Exhibit 4 - Supplemental Response to First Set of Interrogatories)(Allan, Albert)
Oct 29, 2020 158 Exhibit 1 - Initial Disclosures (7)
Oct 29, 2020 158 Exhibit 2 - First Set of Interrogatories (10)
Oct 29, 2020 158 Exhibit 3 - Response to First Set of Interrogatories (7)
Oct 29, 2020 158 Exhibit 4 - Supplemental Response to First Set of Interrogatories (3)
Oct 28, 2020 157 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Albert P. Allan on behalf of La Michoacana Natural, LLC (Allan, Albert)
Oct 26, 2020 156 Miscellaneous Filing (2)
Docket Text: Miscellaneous Filing by La Michoacana Natural, LLC. re: [153] Order on Motion for Extension of Time, Letter re Expected Notice of Appearance (Allan, Albert)
Oct 15, 2020 153 Order on Motion for Extension of Time (1)
Docket Text:ORDER granting [152] Motion for Extension of Time to Retain Local Counsel. Plaintiff shall have new counsel file a Notice of Appearance on or before 10/26/2020. Signed by Magistrate Judge David Keesler on 10/15/2020. (Pro se litigant served by US Mail.)(brl)
Oct 15, 2020 154 Motion to Quash (4)
Docket Text: MOTION to Quash Subpoenas Served on Non-Parties PLM Operations, LLC and Lorenzo Barraza by PLM Operations, LLC. Responses due by 10/29/2020 (Chapman, Laura). Motions referred to David Keesler.
Oct 15, 2020 155 Main Document (19)
Docket Text: MEMORANDUM in Support re [154] MOTION to Quash Subpoenas Served on Non-Parties PLM Operations, LLC and Lorenzo Barraza by PLM Operations, LLC. (Attachments: # (1) Exhibit A - July 26, 2019 letter - S Anderson to L Chapman (with attachments), # (2) Exhibit B - September 11, 2020 Subpoena on L Barraza, # (3) Exhibit C - September 16, 2020 Notice of Deposition of Lorenzo Barraza, # (4) Exhibit D - September 16, 2020 email from A Gleason to L Chapman, # (5) Exhibit E - September 17, 2020 PLM subpoena to produce with Attachment A, # (6) Exhibit F - September 23, 2020 Notice of Deposition - 30(b)(6), # (7) Exhibit G - September 30, 2020 email from A Gleason to L Chapman)(Chapman, Laura)
Oct 15, 2020 155 Exhibit A - July 26, 2019 letter - S Anderson to L Chapman (with attachments) (35)
Oct 15, 2020 155 Exhibit B - September 11, 2020 Subpoena on L Barraza (4)
Oct 15, 2020 155 Exhibit C - September 16, 2020 Notice of Deposition of Lorenzo Barraza (4)
Oct 15, 2020 155 Exhibit D - September 16, 2020 email from A Gleason to L Chapman (3)
Oct 15, 2020 155 Exhibit E - September 17, 2020 PLM subpoena to produce with Attachment A (6)
Oct 15, 2020 155 Exhibit F - September 23, 2020 Notice of Deposition - 30(b)(6) (6)
Oct 15, 2020 155 Exhibit G - September 30, 2020 email from A Gleason to L Chapman (2)
Oct 14, 2020 152 Motion for Extension of Time (3)
Docket Text: MOTION for Extension of Time to Retain Local Counsel by Rigoberto Fernandez, Managing Partner for La Michoacana Natural, LLC. Responses due by 10/28/2020 (brl). Motions referred to David Keesler.
Oct 13, 2020 151 Mail Returned (2)
Docket Text: Certified Mail Return Receipt as to La Michoacana National, LLC re: (Doc. 149) (brl)
Oct 1, 2020 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: New Counsel for La Michoacana Natural, LLC due by 10/9/2020. (mga)
Oct 1, 2020 147 Order on Motion for Protective Order (1)
Docket Text:ORDER granting [145] Consent Motion for Protective Order. Signed by Magistrate Judge David Keesler on 9/30/20. (Pro se litigant served by US Mail.)(mga)
Oct 1, 2020 148 Protective Order (4)
Docket Text:PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 9/30/20. (Pro se litigant served by US Mail.)(mga)
Oct 1, 2020 149 Order on Motion to Withdraw as Attorney (2)
Docket Text:ORDER granting [144] Motion to Withdraw as Attorney. Philip Summa and Ann Potter Gleason are excused from further representation of Plaintiff in this case. Plaintiff shall have new counsel file a Notice of Appearance on or before October 9, 2020. Further extension of the deadlines in this case is unlikely barring extraordinary circumstances. Signed by Magistrate Judge David Keesler on 9/30/20. (Pro se litigant served by US Mail.)(mga)
Oct 1, 2020 150 Order on Motion to Withdraw as Attorney (1)
Docket Text:ORDER granting [146] Motion to Withdraw as Attorney. Attorney Rebeca Echevarria Harasimowicz terminated. Signed by Magistrate Judge David Keesler on 9/30/20. (Pro se litigant served by US Mail.)(mga)
Sep 30, 2020 146 Motion to Withdraw as Attorney (3)
Docket Text: MOTION to Withdraw as Attorney Rebeca Harasimowicz by La Michoacana Natural, LLC. Responses due by 10/14/2020 (Gleason, Ann). Motions referred to David Keesler.
Sep 28, 2020 144 Main Document (5)
Docket Text: MOTION to Withdraw as Attorney by La Michoacana Natural, LLC. Responses due by 10/13/2020 (Attachments: # (1) Proposed Order granting withdrawal, # (2) Proposed Order to file declaration under seal) (Gleason, Ann). Motions referred to David Keesler.
Sep 28, 2020 144 Proposed Order granting withdrawal (2)
Sep 28, 2020 144 Proposed Order to file declaration under seal (2)
Sep 28, 2020 145 Main Document (2)
Docket Text: MOTION for Protective Order by La Michoacana Natural, LLC. Responses due by 10/13/2020 (Attachments: # (1) Proposed Order Protective) (Summa, Philip). Motions referred to David Keesler.
Sep 28, 2020 145 Proposed Order Protective (5)
Aug 13, 2020 143 Order on Motion for Extension of Scheduling Deadlines (5)
Docket Text:ORDER granting in part and denying in part [138] Motion to Amend Scheduling Order. Discovery due by 11/11/2020. Motions due by 12/11/2020. Mediation deadline set for 11/25/2020. Jury Trial set for 3/1/2021 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. Signed by District Judge Robert J. Conrad, Jr on 8/13/2020. (brl)
Jul 15, 2020 142 Main Document (14)
Docket Text: REPLY to Response to Motion re [138] MOTION to Amend/Correct [52] Scheduling Order, to Allow for Limited Reopening of Discovery by La Michoacana Natural, LLC. (Attachments: # (1) Exhibit Table of Discovery Events)(Gleason, Ann)
Jul 15, 2020 142 Exhibit Table of Discovery Events (4)
Jul 8, 2020 141 Response in Opposition to Motion (22)
Docket Text: RESPONSE in Opposition re [138] MOTION to Amend/Correct [52] Scheduling Order, to Allow for Limited Reopening of Discovery by La Michoacana, Luis Maestre, Adriana Teran. Replies due by 7/15/2020 (Chapman, Laura)
Jul 7, 2020 140 Miscellaneous Filing (5)
Docket Text: Miscellaneous Filing by La Michoacana, Luis Maestre, Adriana Teran. Joint Report Containing the Parties' Proposed Modified Case Deadlines (Chapman, Laura)
Jun 24, 2020 138 Motion for Extension of Scheduling Deadlines (4)
Docket Text: MOTION to Amend/Correct [52] Scheduling Order, to Allow for Limited Reopening of Discovery by La Michoacana Natural, LLC. Responses due by 7/8/2020 (Gleason, Ann). Modified to remove referral on 8/12/2020 (brl). Modified on 8/13/2020 (brl).
Jun 24, 2020 139 Main Document (16)
Docket Text: MEMORANDUM in Support re [138] MOTION to Amend/Correct [52] Scheduling Order, to Allow for Limited Reopening of Discovery by La Michoacana Natural, LLC. (Attachments: # (1) Exhibit Table of Counsel.Discovery.Docket)(Gleason, Ann)
Jun 24, 2020 139 Exhibit Table of Counsel.Discovery.Docket (2)
Jun 17, 2020 137 Order (2)
Docket Text:ORDER that within fourteen (14) days of the date of this Order, the parties meet and confer regarding proposed modified case deadlines. Within fourteen (14) days of the parties meet and confer, the parties' shall file a joint report containing the parties' proposed modified case deadlines. Signed by District Judge Robert J. Conrad, Jr on 6/16/2020. (brl)
Apr 28, 2020 136 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Philip Summa on behalf of La Michoacana Natural, LLC (Summa, Philip)
Apr 24, 2020 134 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Ann P. Gleason on behalf of La Michoacana Natural, LLC (Gleason, Ann)
Apr 24, 2020 135 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Rebeca Echevarria Harasimowicz on behalf of All Plaintiffs (Harasimowicz, Rebeca)
Apr 2, 2020 133 Order on Motion for Attorney Fees (7)
Docket Text:ORDER granting [93] non-party PLM Operations, LLC's Motion for Cost and Attorney Fees. Plaintiff shall reimburse counsel for non-party PLM for attorneys' fees in the amount of $14,539.00 by June 1, 2020. Signed by Magistrate Judge David Keesler on 4/2/20. (Pro se litigant served by US Mail.)(mga) Modified text on 4/2/2020 (mga). NEF regenerated on 4/2/2020 (mga).
Mar 26, 2020 132 Order on Motion to Withdraw as Attorney (2)
Docket Text:ORDER granting [126] Motion to Withdraw as Attorney. Attorney Albert P. Allan and Allan Law Firm, PLLC are terminated. Plaintiff shall retain new counsel in this action within thirty (30) days of the date of this Order. Signed by District Judge Robert J. Conrad, Jr on 3/26/2020. (brl)
Mar 12, 2020 131 Order on Motion for Attorney Fees (19)
Docket Text:ORDER that Defendant's omnibus [106] Motion is GRANTED in part and DENIED in part; The summary judgment order (Doc. No. 78) and the oral order striking Defendants' amended answer and counterclaim are VACATED and Plaintiff is ordered to immediately transfer the domain names identified back to Defendant; The preliminary injunction (Doc. No. 33) is DISSOLVED; Defendant's request for summary judgment is DENIED without prejudice; and Defendants' request for additional sanctions in the form of attorney's fees and costs is DENIED. Plaintiff's [79] Motion for Attorney's Fees and [81] Motion for Order to Show Cause are DENIED as moot. Signed by District Judge Robert J. Conrad, Jr on 3/12/2020. (brl)
Mar 6, 2020 130 Order on Motion to Vacate (21)
Docket Text:ORDER that Defendant's omnibus motion (Doc. No. 106), is GRANTED in part, and the pro hac admission of Stephen L. Anderson is REVOKED. The Court will address the remainder of Defendants' omnibus motion in a separate order. Signed by District Judge Robert J. Conrad, Jr on 3/6/2020. (brl)
Mar 4, 2020 128 Transcript (73)
Docket Text: TRANSCRIPT of Motions Hearing held on 3/3/2020 before Judge Robert J. Conrad, Jr. 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. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 6/1/2020. (Reporter: Laura Andersen, 704-350-7493)
Mar 3, 2020 N/A Motion Hearing (0)
Docket Text: Minute Entry: MOTION HEARING held before District Judge Robert J. Conrad, Jr. Re [106] MOTION to Vacate Defendants Motion: (1) For Relief From, and To Vacate, the Summary Judgment Order (Doc. 78); (2) To Vacate The Oral Order Striking Defendants Answer and Counterclaim (Doc. 48); (3) For Summary Judgment in Favor of Defendants and Dissolution of the Preliminary Injunction (Doc. 30); (4) To Revoke the Pro Hac Vice Admission of Stephen Anderson (Doc. 5); and For Monetary Sanctions Consisting of Attorneys Fees and Costs. Plaintiffs attorney: Stephen Anderson, Albert Allan. Defendants attorney: Laura Chapman, Matthew DeAntonio. Court reporter: Laura Andersen. (brl)
Mar 3, 2020 N/A Order (0)
Docket Text:ORAL ORDER that attorney Stephen Anderson is prohibited from contacting Rebecca Vadal Garcia. Entered by District Judge Robert J. Conrad, Jr on 3/3/2020. (brl)
Mar 2, 2020 126 Main Document (4)
Docket Text: MOTION to Withdraw as Attorney Albert Allan (Local Counsel) by La Michoacana Natural, LLC. Responses due by 3/16/2020 (Attachments: # (1) Exhibit A: Proposed Order, # (2) Exhibit B: Proposed Order)(Allan, Albert). Modified to remove referral on 3/2/2020 (mga).
Mar 2, 2020 126 Exhibit A: Proposed Order (1)
Mar 2, 2020 126 Exhibit B: Proposed Order (1)
Mar 2, 2020 127 Exhibit (30)
Docket Text: Exhibit by La Michoacana Natural, LLC. Exhibit to [122] Response in Opposition to Motion,,, (Anderson, Stephen)
Jan 28, 2020 N/A Notice of Hearing on Motion (0)
Docket Text: NOTICE of Hearing on Motion re: [106] MOTION to Vacate Defendants Motion: (1) For Relief From, and To Vacate, the Summary Judgment Order (Doc. 78); (2) To Vacate The Oral Order Striking Defendants Answer and Counterclaim (Doc. 48); (3) For Summary Judgment in Favor of Defendants and : Motion Hearing set for 3/3/2020 10:00 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)
Jan 3, 2020 124 Reply to Response to Motion (30)
Docket Text: REPLY to Response to Motion re [106] MOTION to Vacate Defendants Motion: (1) For Relief From, and To Vacate, the Summary Judgment Order (Doc. 78); (2) To Vacate The Oral Order Striking Defendants Answer and Counterclaim (Doc. 48); (3) For Summary Judgment in Favor of Defendants and Reply Brief in Support of Defendants' Motion for Relief from Summary Judgment Order (Doc. 78); To Vacate The Oral Order Striking Defendants' Answer and Counterclaim (Doc. 48); For Summary Judgment in Favor of Defendants; To Dissolve the Preliminary Injunction (Doc. 30); To Revoke the Pro Hac Vice Admission of Stephen Anderson (Doc. 5); and for Monetary Sanctions by La Michoacana, Luis Maestre, Adriana Teran. (Chapman, Laura)
Jan 3, 2020 125 Main Document (3)
Docket Text: DECLARATION of Laura L. Chapman re [106] MOTION to Vacate Defendants Motion: (1) For Relief From, and To Vacate, the Summary Judgment Order (Doc. 78); (2) To Vacate The Oral Order Striking Defendants Answer and Counterclaim (Doc. 48); (3) For Summary Judgment in Favor of Defendants and, [124] Reply to Response to Motion,, Second Declaration of Laura L. Chapman filed by La Michoacana, Luis Maestre, Adriana Teran (Attachments: # (1) Exhibit 1 - Def. Luis Maestre's Amended Response to Plaintiff's Request for Admissions, Set One, # (2) Exhibit 2 - Def. Luis Maestre's Amended Responses to Plaintiff's First Set of Requests for Production of Documents and Things)(Chapman, Laura)
Jan 3, 2020 125 Exhibit 1 - Def. Luis Maestre's Amended Response to Plaintiff's Reques (20)
Jan 3, 2020 125 Exhibit 2 - Def. Luis Maestre's Amended Responses to Plaintiff's First (20)
Dec 17, 2019 122 Main Document (14)
Docket Text: RESPONSE in Opposition re [106] MOTION to Vacate Defendants Motion: (1) For Relief From, and To Vacate, the Summary Judgment Order (Doc. 78); (2) To Vacate The Oral Order Striking Defendants Answer and Counterclaim (Doc. 48); (3) For Summary Judgment in Favor of Defendants and by La Michoacana Natural, LLC. Replies due by 12/24/2019 (Attachments: # (1) Affidavit of Albert P. Allan, # (2) Affidavit of Stephen L. Anderson, # (3) Exhibit A - STIPULATION Doc 50, # (4) Exhibit B - SCHEDULING ORDER Doc 52, # (5) Exhibit C- Fifteen page facsimile dated 072318, # (6) Exhibit D- Battaglia Federal Discovery, # (7) Exhibit E- USDC decision in Indiana noting that unsigned and uncertified RFA responses are not valid as "responses")(Anderson, Stephen)
Dec 17, 2019 122 Affidavit of Albert P. Allan (2)
Dec 17, 2019 122 Affidavit of Stephen L. Anderson (10)
Dec 17, 2019 122 Exhibit A - STIPULATION Doc 50 (10)
Dec 17, 2019 122 Exhibit B - SCHEDULING ORDER Doc 52 (11)
Dec 17, 2019 122 Exhibit C- Fifteen page facsimile dated 072318 (15)
Dec 17, 2019 122 Exhibit D- Battaglia Federal Discovery (197)
Dec 17, 2019 122 Exhibit E- USDC decision in Indiana noting that unsigned and uncertified RFA res (5)
Dec 17, 2019 123 Response in Opposition to Motion (13)
Docket Text: Plaintiff's Statement of Undisputed Facts in Opposition re [106] MOTION to Vacate Defendants Motion: (1) For Relief From, and To Vacate, the Summary Judgment Order (Doc. 78); (2) To Vacate The Oral Order Striking Defendants Answer and Counterclaim (Doc. 48); (3) For Summary Judgment in Favor of Defendants and Statement of Undisputed Material Facts In Opposition to Motion by La Michoacana Natural, LLC. Replies due by 12/24/2019 (Anderson, Stephen) Modified text on 12/18/2019 (ctb).
Dec 5, 2019 N/A Set Motion and M&R Deadlines/Hearings (0)
Docket Text: Set/Reset Deadlines as to [106] MOTION to Vacate Defendants Motion: (1) For Relief From, and To Vacate, the Summary Judgment Order (Doc. 78); (2) To Vacate The Oral Order Striking Defendants Answer and Counterclaim (Doc. 48); (3) For Summary Judgment in Favor of Defendants and. Responses due by 12/17/2019 Replies due by 1/3/2020 (mga)
Dec 5, 2019 121 Order on Motion for Extension of Time (1)
Docket Text:ORDER granting [119] Joint Motion for Extension of Time ; granting [120] Joint Motion for Extension of Time. Plaintiff shall have up to and including December 17, 2019 to file a Response to the Motion to Vacate (Document No. [106]). Defendants shall have up to and including January 3, 2020 to file a Reply in support of the Motion to Vacate. Signed by Magistrate Judge David Keesler on 12/5/19. (Pro se litigant served by US Mail.)(mga)
Dec 4, 2019 119 Main Document (4)
Docket Text: Consent MOTION for Extension of Time to File Response/Reply re: [106] MOTION to Vacate Defendants Motion: (1) For Relief From, and To Vacate, the Summary Judgment Order (Doc. 78); (2) To Vacate The Oral Order Striking Defendants Answer and Counterclaim (Doc. 48); (3) For Summary Judgment in Favor of Defendants and by La Michoacana Natural, LLC. Responses due by 12/18/2019 (Attachments: # (1) Proposed Order granting extension of time)(Anderson, Stephen). Motions referred to David Keesler.
Dec 4, 2019 119 Proposed Order granting extension of time (1)
Dec 4, 2019 120 Main Document (4)
Docket Text: Joint MOTION for Extension of Time to File Response/Reply re: [106] MOTION to Vacate Defendants Motion: (1) For Relief From, and To Vacate, the Summary Judgment Order (Doc. 78); (2) To Vacate The Oral Order Striking Defendants Answer and Counterclaim (Doc. 48); (3) For Summary Judgment in Favor of Defendants and by La Michoacana Natural, LLC. Responses due by 12/18/2019 (Attachments: # (1) Proposed Order granting extension of time (corrected))(Anderson, Stephen). Motions referred to David Keesler.
Dec 4, 2019 120 Proposed Order granting extension of time (corrected) (1)
Nov 21, 2019 106 Motion to Vacate (6)
Docket Text: MOTION (1) For Relief From, and To Vacate, the Summary Judgment Order (Doc. 78); (2) To Vacate The Oral Order Striking Defendants Answer and Counterclaim (Doc. 48); (3) For Summary Judgment in Favor of Defendants and Dissolution of the Preliminary Injunction (Doc. 30); (4) To Revoke the Pro Hac Vice Admission of Stephen Anderson (Doc. 5); and For Monetary Sanctions Consisting of Attorneys Fees and Costs by La Michoacana, Luis Maestre, Adriana Teran. Responses due by 12/5/2019 (Chapman, Laura). Modified text on 11/22/2019 (ctb). Modified to remove referral on 11/22/2019 (mga).
Nov 21, 2019 107 Memorandum in Support of Motion (30)
Docket Text: MEMORANDUM in Support re [106] MOTION by La Michoacana, Luis Maestre, Adriana Teran. (Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 21, 2019 108 Declaration (4)
Docket Text: DECLARATION of Patricia Arguelles re [107] Memorandum in Support of Motion filed by La Michoacana, Luis Maestre, Adriana Teran (Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 21, 2019 109 Main Document (5)
Docket Text: DECLARATION of Laura L. Chapman re [107] Memorandum in Support of Motion, filed by La Michoacana, Luis Maestre, Adriana Teran (Attachments: # (1) Exhibit 1 Trial Transcript 2015-09-16 PM, # (2) Exhibit 2 Trial Transcript 2015-09-25 AM, # (3) Exhibit 3 Transcript of Motions Hearing on 05-31-19, # (4) Exhibit 4 Police Report - Concord Police Dept)(Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 21, 2019 109 Exhibit 1 Trial Transcript 2015-09-16 PM (4)
Nov 21, 2019 109 Exhibit 2 Trial Transcript 2015-09-25 AM (5)
Nov 21, 2019 109 Exhibit 3 Transcript of Motions Hearing on 05-31-19 (48)
Nov 21, 2019 109 Exhibit 4 Police Report - Concord Police Dept (2)
Nov 21, 2019 110 Declaration (4)
Docket Text: DECLARATION of Alma Garcia re [106] MOTION and [107] Memorandum in Support of Motion filed by La Michoacana, Luis Maestre, Adriana Teran (Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 21, 2019 111 Declaration (4)
Docket Text: DECLARATION of Rebecca V. Garcia (In Spanish, Signed) re [106] MOTION and [107] Memorandum in Support of Motion filed by La Michoacana, Luis Maestre, Adriana Teran (Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 21, 2019 112 Declaration (5)
Docket Text: DECLARATION of Certified English Translation of Declaration of Rebecca V. Garcia (unsigned) re [106] MOTION and [107] Memorandum in Support of Motion filed by La Michoacana, Luis Maestre, Adriana Teran (Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 21, 2019 113 Main Document (6)
Docket Text: DECLARATION of Andrea Johnson re [106] MOTION and [107] Memorandum in Support of Motion filed by La Michoacana, Luis Maestre, Adriana Teran (Attachments: # (1) Exhibit 1 Plaintiff's First Set of Requests for Admissions to Luis Maestre, # (2) Exhibit 2 Defendant Luis Maestre's Responses to Plaintiffs First Set of Interrogatories to Luis Maestre, # (3) Exhibit 3 Defendant Adriana Maestre's Responses to Plaintiffs First Set of Interrogatories to Adriana Teran, # (4) Exhibit 4 Defendant Luis Maestre's Responses to Plaintiff's First Set of Requests for Production of Documents and Things - Part 1 of 3, # (5) Exhibit 4 Defendant Luis Maestre's Responses to Plaintiff's First Set of Requests for Production of Documents and Things - Part 2 of 3, # (6) Exhibit 4 Defendant Luis Maestre's Responses to Plaintiff's First Set of Requests for Production of Documents and Things - Part 3 of 3, # (7) Exhibit 5 Second Set of Interrogatories to Luis Maestre, # (8) Exhibit 6 Defendant Luis Maestre's Responses to Plaintiff's Second Set of Interrogatories to Luis Maestre, # (9) Exhibit 7 Plaintiff's Second Set of Requests for Production of Documents and Things to Defendant Luis Maestre, # (10) Exhibit 8 Defendant Luis Maestre's Responses to Plaintiff's Second Set of Requests for Production of Documents and Things to Defendant Luis Maestre)(Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 21, 2019 113 Exhibit 1 Plaintiff's First Set of Requests for Admissions to Luis Maestre (54)
Nov 21, 2019 113 Exhibit 2 Defendant Luis Maestre's Responses to Plaintiffs First Set of Int (7)
Nov 21, 2019 113 Exhibit 3 Defendant Adriana Maestre's Responses to Plaintiffs First Set of (6)
Nov 21, 2019 113 Exhibit 4 Defendant Luis Maestre's Responses to Plaintiff's First Set (122)
Nov 21, 2019 113 Exhibit 4 Defendant Luis Maestre's Responses to Plaintiff's First Set (34)
Nov 21, 2019 113 Exhibit 4 Defendant Luis Maestre's Responses to Plaintiff's First Set (22)
Nov 21, 2019 113 Exhibit 5 Second Set of Interrogatories to Luis Maestre (5)
Nov 21, 2019 113 Exhibit 6 Defendant Luis Maestre's Responses to Plaintiff's Second Set (6)
Nov 21, 2019 113 Exhibit 7 Plaintiff's Second Set of Requests for Production of Documents an (5)
Nov 21, 2019 113 Exhibit 8 Defendant Luis Maestre's Responses to Plaintiff's Second Set (80)
Nov 21, 2019 114 Main Document (4)
Docket Text: DECLARATION of Javier Lopez re [106] MOTION and [107] Memorandum in Support of Motion filed by La Michoacana, Luis Maestre, Adriana Teran (Attachments: # (1) Exhibit 1 Copy of original Sales Order)(Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 21, 2019 114 Exhibit 1 Copy of original Sales Order (2)
Nov 21, 2019 115 Main Document (12)
Docket Text: DECLARATION of Luis Maestre (in Spanish, Signed) re [106] MOTION and [107] Memorandum in Support of Motion filed by La Michoacana, Luis Maestre, Adriana Teran (Attachments: # (1) Exhibit 1 Photographs of the Banner, # (2) Exhibit 2 Certificate of Assumed Name, # (3) Exhibit 3 Photograph of sign on the front door of the restaurant, # (4) Exhibit 4 Photograph of Village Shopping Center sign display, # (5) Exhibit 5 Photograph of sign of Indian Girl Design on storefront exterior, # (6) Exhibit 6 Photograph of Indian Girl Design removed from the storefront sign, # (7) Exhibit 7 Photograph of storefront sign as it remained after February 15, 2018, # (8) Exhibit 8 Article - July 24, 2018 Holy News, # (9) Exhibit 9 Request for Admissions to Luis Maestre, # (10) Exhibit 10 Responses to Request for Admissions, # (11) Exhibit 11 Responses to Second Set of Request for Admissions, # (12) Exhibit 12 Subpoena to Testify at a Deposition in a Civil Action, # (13) Exhibit 13 Copy of Sales Order for duplicate banner)(Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 21, 2019 115 Exhibit 1 Photographs of the Banner (4)
Nov 21, 2019 115 Exhibit 2 Certificate of Assumed Name (3)
Nov 21, 2019 115 Exhibit 3 Photograph of sign on the front door of the restaurant (2)
Nov 21, 2019 115 Exhibit 4 Photograph of Village Shopping Center sign display (2)
Nov 21, 2019 115 Exhibit 5 Photograph of sign of Indian Girl Design on storefront exterior (2)
Nov 21, 2019 115 Exhibit 6 Photograph of Indian Girl Design removed from the storefront sign (2)
Nov 21, 2019 115 Exhibit 7 Photograph of storefront sign as it remained after February 15, 2018 (2)
Nov 21, 2019 115 Exhibit 8 Article - July 24, 2018 Holy News (4)
Nov 21, 2019 115 Exhibit 9 Request for Admissions to Luis Maestre (14)
Nov 21, 2019 115 Exhibit 10 Responses to Request for Admissions (5)
Nov 21, 2019 115 Exhibit 11 Responses to Second Set of Request for Admissions (5)
Nov 21, 2019 115 Exhibit 12 Subpoena to Testify at a Deposition in a Civil Action (9)
Nov 21, 2019 115 Exhibit 13 Copy of Sales Order for duplicate banner (2)
Nov 21, 2019 116 Main Document (13)
Docket Text: DECLARATION of Certified English Translation of Declaration of Luis Maestre (unsigned) re [106] MOTION and [107] Memorandum in Support of Motion filed by La Michoacana, Luis Maestre, Adriana Teran (Attachments: # (1) Exhibit 1 Photographs of the Banner, # (2) Exhibit 2 Certificate of Assumed Name, # (3) Exhibit 3 Photograph of sign on the front door of the restaurant, # (4) Exhibit 4 Photograph of Village Shopping Center sign display, # (5) Exhibit 5 Photograph of sign of Indian Girl Design on storefront exterior, # (6) Exhibit 6 Photograph of Indian Girl Design removed from the storefront sign, # (7) Exhibit 7 Photograph of storefront sign as it remained after February 15, 2018, # (8) Exhibit 8 Article - July 24, 2018 Holy News, # (9) Exhibit 9 Request for Admissions to Luis Maestre, # (10) Exhibit 10 Responses to Request for Admissions, # (11) Exhibit 11 Responses to Second Set of Request for Admissions, # (12) Exhibit 12 Subpoena to Testify at a Deposition in a Civil Action, # (13) Exhibit 13 Copy of Sales Order for duplicate banner)(Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 21, 2019 116 Exhibit 1 Photographs of the Banner (4)
Nov 21, 2019 116 Exhibit 2 Certificate of Assumed Name (3)
Nov 21, 2019 116 Exhibit 3 Photograph of sign on the front door of the restaurant (2)
Nov 21, 2019 116 Exhibit 4 Photograph of Village Shopping Center sign display (2)
Nov 21, 2019 116 Exhibit 5 Photograph of sign of Indian Girl Design on storefront exterior (2)
Nov 21, 2019 116 Exhibit 6 Photograph of Indian Girl Design removed from the storefront sign (2)
Nov 21, 2019 116 Exhibit 7 Photograph of storefront sign as it remained after February 15, 2018 (2)
Nov 21, 2019 116 Exhibit 8 Article - July 24, 2018 Holy News (4)
Nov 21, 2019 116 Exhibit 9 Request for Admissions to Luis Maestre (14)
Nov 21, 2019 116 Exhibit 10 Responses to Request for Admissions (5)
Nov 21, 2019 116 Exhibit 11 Responses to Second Set of Request for Admissions (5)
Nov 21, 2019 116 Exhibit 12 Subpoena to Testify at a Deposition in a Civil Action (9)
Nov 21, 2019 116 Exhibit 13 Copy of Sales Order for duplicate banner (2)
Nov 21, 2019 117 Declaration (4)
Docket Text: DECLARATION of Telma Mendoza re [106] MOTION and [107] Memorandum in Support of Motion filed by La Michoacana, Luis Maestre, Adriana Teran (Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 21, 2019 118 Declaration (4)
Docket Text: DECLARATION of Cesar Torres re [106] MOTION and [107] Memorandum in Support of Motion filed by La Michoacana, Luis Maestre, Adriana Teran (Chapman, Laura) Modified text on 11/22/2019 (ctb).
Nov 20, 2019 103 Notice of Appearance (3)
Docket Text: NOTICE of Appearance by Laura L. Chapman on behalf of La Michoacana, Luis Maestre, Adriana Teran (Chapman, Laura)
Nov 20, 2019 104 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Matthew S. DeAntonio on behalf of La Michoacana, Luis Maestre, Adriana Teran (DeAntonio, Matthew)
Nov 20, 2019 105 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Corby C. Anderson on behalf of La Michoacana, Luis Maestre, Adriana Teran (Anderson, Corby)
Nov 13, 2019 102 Transcript (47)
Docket Text: TRANSCRIPT of Motions Hearing held on 5/31/2019 before Judge Robert J. Conrad, Jr. 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. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 2/10/2020. (Reporter: Laura Andersen, 704-350-7493)
Oct 29, 2019 101 Reply to Response (6)
Docket Text: REPLY to Response re [93] MOTION for Attorney Fees and Costs by PLM Operations, LLC. (Chapman, Laura)
Oct 22, 2019 100 Main Document (12)
Docket Text: RESPONSE in Opposition re [93] MOTION for Attorney Fees and Costs by La Michoacana Natural, LLC. Replies due by 10/29/2019 (Attachments: # (1) Exhibit A, B and C)(Anderson, Stephen)
Oct 22, 2019 100 Exhibit A, B and C (11)
Oct 21, 2019 99 Order on Motion for Extension of Time (1)
Docket Text:ORDER granting [98] Plaintiff's Unopposed Motion for Extension of Time to File Response/Reply re [93] MOTION for Attorney Fees and Costs. Plaintiff shall have up to and including October 22, 2019 to file a response to non-party PLM Operations "Motion for Costs and Attorneys' Fees'. Signed by Magistrate Judge David Keesler on 10/21/19. (Pro se litigant served by US Mail.)(mga)
Oct 18, 2019 98 Main Document (3)
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply re: [93] MOTION for Attorney Fees and Costs by La Michoacana Natural, LLC. Responses due by 11/1/2019 (Attachments: # (1) Affidavit of Kyle C. Kasparek in support of Motion to Extend Time for Plaintiff's Response to non-party PLM's Motion for Attorney Fees)(Anderson, Stephen). Motions referred to David Keesler.
Oct 18, 2019 98 Affidavit of Kyle C. Kasparek (3)
Oct 4, 2019 93 Main Document (4)
Docket Text: MOTION for Attorney Fees and Costs by PLM Operations, LLC. Responses due by 10/18/2019 (Attachments: # (1) Exhibit 1 - 09.27.2019 Letter)(Anderson, Corby). Motions referred to David Keesler. Modified attachment description on 10/4/2019 (brl).
Oct 4, 2019 93 Exhibit 1 - 09.27.2019 Letter (3)
Oct 4, 2019 94 Memorandum in Support of Motion (6)
Docket Text: BRIEF in Support re [93] MOTION for Attorney Fees and Costs by PLM Operations, LLC. (Anderson, Corby)
Oct 4, 2019 95 Main Document (4)
Docket Text: DECLARATION re [94] Memorandum in Support of Motion, [93] MOTION for Attorney Fees and Costs filed by PLM Operations, LLC (Attachments: # (1) Exhibit 1 - Fee Spreadsheet)(Anderson, Corby)
Oct 4, 2019 95 Exhibit 1 - Fee Spreadsheet (2)
Oct 4, 2019 96 Main Document (4)
Docket Text: DECLARATION re [94] Memorandum in Support of Motion, [93] MOTION for Attorney Fees and Costs filed by PLM Operations, LLC (Attachments: # (1) Exhibit 1 - Fee Spreadsheet)(Anderson, Corby)
Oct 4, 2019 96 Exhibit 1 - Fee Spreadsheet (5)
Oct 4, 2019 97 Declaration (4)
Docket Text: DECLARATION re [94] Memorandum in Support of Motion, [93] MOTION for Attorney Fees and Costs filed by PLM Operations, LLC (Anderson, Corby)
Sep 4, 2019 92 Order on Motion to Quash (3)
Docket Text:ORDER granting [87] Motion to Quash Subpoena Served On Non-Party PLM Operations, LLC. Signed by Magistrate Judge David C. Keesler on 9/4/2019. (Pro se litigant served by US Mail.)(brl) Modified on 9/5/2019 (brl).
Aug 15, 2019 N/A Notice - Out of State Counsel (0)
Docket Text: Notice to Laura L. Chapman: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 8/22/2019. (mga) NEF regenerated to Laura L. Chapman on 8/15/2019 (mga).
Aug 15, 2019 91 Order on Motion for Leave to Appear Pro Hac Vice (1)
Docket Text:ORDER granting [86] Motion for Leave to Appear Pro Hac Vice. Laura L. Chapman is hereby admitted pro hac vice to represent Non-Party PLM Operations, LLC. Signed by Magistrate Judge David Keesler on 8/15/19. (Pro se litigant served by US Mail.)(mga)
Aug 14, 2019 84 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Matthew S. DeAntonio on behalf of PLM Operations, LLC (DeAntonio, Matthew)
Aug 14, 2019 85 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Corby C. Anderson on behalf of PLM Operations, LLC (Anderson, Corby)
Aug 14, 2019 86 Main Document (4)
Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Laura L. Chapman Filing fee $ 281, receipt number 0419-4137658. by PLM Operations, LLC. (Attachments: # (1) Exhibit 1 - Supplement to Motion for Admission Pro Hac Vice of Laura Chapman)(Anderson, Corby). Motions referred to David Keesler.
Aug 14, 2019 86 Exhibit 1 - Supplement to Motion for Admission Pro Hac Vice of Laura Chapman (2)
Aug 14, 2019 87 Motion to Quash (6)
Docket Text: MOTION to Quash Non-Party Subpoena by PLM Operations, LLC. Responses due by 8/28/2019 (Anderson, Corby). Motions referred to David Keesler.
Aug 14, 2019 88 Memorandum in Support of Motion (21)
Docket Text: BRIEF in Support re [87] MOTION to Quash Non-Party Subpoena by PLM Operations, LLC. (Anderson, Corby)
Aug 14, 2019 89 Declaration (10)
Docket Text: DECLARATION of Robert J. Spigner re [88] Brief in Support of Motion, [87] MOTION to Quash Non-Party Subpoena filed by PLM Operations, LLC (Anderson, Corby)
Aug 14, 2019 90 Main Document (3)
Docket Text: DECLARATION of Laura L. Chapman re [88] Brief in Support of Motion, [87] MOTION to Quash Non-Party Subpoena filed by PLM Operations, LLC (Attachments: # (1) Exhibit 1 - Subpoena to PLM, # (2) Exhibit 2 - 2019.07.26 Correspondence from Plaintiff's counsel, # (3) Exhibit 3 - 2019.07.31 Email correspondence among counsel, # (4) Exhibit 4 - 2019.08.06 Correspondence from PLM Counsel, # (5) Exhibit 5 - 2019.08.07 Email correspondence from PLM's cousnel, # (6) Exhibit 6 - 2019.08.07 Correspondence from Plaintiff's counsel, # (7) Exhibit 7 - 2019.08.09 Letter from PLM's counsel)(Anderson, Corby)
Aug 14, 2019 90 Exhibit 1 - Subpoena to PLM (9)
Aug 14, 2019 90 Exhibit 2 - 2019.07.26 Correspondence from Plaintiff's counsel (3)
Aug 14, 2019 90 Exhibit 3 - 2019.07.31 Email correspondence among counsel (3)
Aug 14, 2019 90 Exhibit 4 - 2019.08.06 Correspondence from PLM Counsel (7)
Aug 14, 2019 90 Exhibit 5 - 2019.08.07 Email correspondence from PLM's cousnel (4)
Aug 14, 2019 90 Exhibit 6 - 2019.08.07 Correspondence from Plaintiff's counsel (33)
Aug 14, 2019 90 Exhibit 7 - 2019.08.09 Letter from PLM's counsel (3)
Aug 1, 2019 82 Affidavit (10)
Docket Text: CERTIFICATE OF SERVICE of Summary Judgment Order and Third-Party Subpoena on Defendants Under Rule 45 and on PLM Operations, LLC by La Michoacana Natural, LLC (Anderson, Stephen) Modified text on 8/7/2019 (mek).
Aug 1, 2019 83 Notice - no reply to motion (2)
Docket Text: NOTICE of intent not to file reply re [79] MOTION for Attorney Fees , [80] Bill of Costs by La Michoacana Natural, LLC. (Anderson, Stephen)
Jul 24, 2019 81 Main Document (15)
Docket Text: MOTION for Order to Show Cause by La Michoacana Natural, LLC. Responses due by 8/7/2019 (Attachments: # (1) Declaration of Michel Fernald, # (2) Declaration of Rigoberto Fernandez, # (3) Declaration of Stephen L. Anderson)(Anderson, Stephen). Modified to remove referral on 8/5/2019 (mga).
Jul 24, 2019 81 Declaration of Michel Fernald (3)
Jul 24, 2019 81 Declaration of Rigoberto Fernandez (4)
Jul 24, 2019 81 Declaration of Stephen L. Anderson (10)
Jun 26, 2019 79 Main Document (16)
Docket Text: MOTION for Attorney Fees by La Michoacana Natural, LLC. Responses due by 7/10/2019 (Attachments: # (1) Affidavit of Albert P. Allan, # (2) Affidavit of Stephen L. Anderson, # (3) Exhibit A through H inclusive)(Anderson, Stephen). Modified to remove referral on 6/28/2019 (mga).
Jun 26, 2019 79 Affidavit of Albert P. Allan (4)
Jun 26, 2019 79 Affidavit of Stephen L. Anderson (6)
Jun 26, 2019 79 Exhibit A through H inclusive (49)
Jun 26, 2019 80 Bill of Costs (2)
Docket Text: BILL OF COSTS by La Michoacana Natural, LLC. Objection to Bill of Costs due by 7/10/2019 (Anderson, Stephen)
Jun 6, 2019 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: Motion for Attorneys fees and costs due by 6/26/2019. Stipulation of Dismissal due by 6/13/2019. (brl)
Jun 6, 2019 78 Order on Motion for Preliminary Injunction (24)
Docket Text:**VACATED**ORDER granting [64] Motion for Summary Judgment. Defendants are directed to pay Plaintiff $187,878 in damages and to comply with and abide by the injunctive Orders of this Court. Plaintiff is hereby directed to file a Stipulation of Dismissal regarding the remaining claims (causes of action 5-6 and 8). Plaintiff's Second [61] Motion for Preliminary Injunction is denied as moot. Plaintiff is ordered to file a Motion for Attorney Fees and Costs with any supporting affidavits and exhibits within twenty (20) days of this Order. Signed by District Judge Robert J. Conrad, Jr on 6/6/2019. (Pro se litigant served by US Mail.)(brl) Modified text on 3/12/2020 (brl).
May 31, 2019 N/A Order on Motion to Withdraw as Attorney (0)
Docket Text:ORAL ORDER granting [59] Motion to Withdraw as Attorney. Attorney Sonny Thai Tran terminated. Entered by District Judge Robert J. Conrad, Jr on 5/31/2019. (brl)
May 31, 2019 N/A Motion Hearing (0)
Docket Text: Minute Entry: MOTIONS HEARING held before District Judge Robert J. Conrad, Jr. Re [61] Second MOTION for Preliminary Injunction , [58] MOTION for Sanctions , [64] MOTION for Summary Judgment , [59] Third MOTION to Withdraw as Attorney . Motion taken under advisement, order to issue. Counsel to file further briefs. Plaintiffs attorney: Albert Allan, Stephen Anderson. Defendants attorney: Sonny Tran (for purposes of Motion to Withdraw). Court reporter: Laura Andersen. (brl)
May 31, 2019 N/A Order on Motion for Sanctions (0)
Docket Text:**VACATED**ORAL ORDER that for the reasons stated in open Court, Plaintiff's [58] Motion for Sanctions is GRANTED. The Court hereby strikes Defendant's Answer and Counterclaim (Doc. No. 48) and deems the facts as stated in Plaintiff's unanswered Requests for Admission to Defendant Luis Maestre (Doc. No. 69-4) as established. SO ORDERED.. Entered by District Judge Robert J. Conrad, Jr on 5/31/2019. (brl) Modified on 3/12/2020 (brl).
May 31, 2019 76 Main Document (5)
Docket Text: DECLARATION of Stephen L Anderson re Notice of Hearing on Motion, filed by La Michoacana Natural, LLC (Attachments: # (1) Exhibit A - FEDEX contents)(Anderson, Stephen) Modified text on 6/3/2019 (rth).
May 31, 2019 76 Exhibit A - FEDEX contents (99)
May 31, 2019 77 Main Document (6)
Docket Text: REVISED DECLARATION of Stephen L Anderson re Notice of Hearing on Motion, filed by La Michoacana Natural, LLC (Attachments: # (1) Exhibit A)(Anderson, Stephen) Modified text on 6/3/2019 (rth).
May 31, 2019 77 Exhibit A (99)
May 8, 2019 N/A Notice of Hearing on Motion (0)
Docket Text: NOTICE of Hearing on Motion re: [58] MOTION for Sanctions [59] Third MOTION to Withdraw as Attorney , [61] Second MOTION for Preliminary Injunction , [64] MOTION for Summary Judgment , Motion Hearing set for 5/31/2019 11:00 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)
Apr 1, 2019 75 Notice (Other) (3)
Docket Text: NOTICE of Non-Opposition to Plaintiff's Motion for Summary Judgment by La Michoacana Natural, LLC re [64] MOTION for Summary Judgment (Anderson, Stephen)
Mar 29, 2019 71 Notice (Other) (3)
Docket Text: NOTICE of Non-Opposition to Plaintiff's Motion for Sanctions by La Michoacana Natural, LLC re [58] MOTION for Sanctions (Anderson, Stephen)
Mar 29, 2019 72 Notice (Other) (3)
Docket Text: NOTICE of Non-Opposition to Plaintiff's Second Motion for Preliminary Injunction by La Michoacana Natural, LLC re [61] Second MOTION for Preliminary Injunction (Anderson, Stephen)
Mar 29, 2019 73 Miscellaneous Filing (26)
Docket Text: Miscellaneous Filing by La Michoacana Natural, LLC. re: [64] Motion for Summary Judgment,,, PROPOSED ORDER (Anderson, Stephen)
Mar 29, 2019 74 Notice (Other) (6)
Docket Text: NOTICE of Defendants' failure to comply with Court Order re: Discovery, Decl. of Stephen L. Anderson by La Michoacana Natural, LLC re [70] Order on Motion for Extension of Time, (Anderson, Stephen) Modified text on 4/1/2019 (eef).
Mar 21, 2019 69 Response in Opposition to Motion (9)
Docket Text: RESPONSE in Opposition re [67] MOTION for Extension of Time to Respond to Discovery Requests by La Michoacana Natural, LLC. Replies due by 3/28/2019 plus an additional 3 days if served by mail (Anderson, Stephen)
Mar 21, 2019 70 Order on Motion for Extension of Time (2)
Docket Text:ORDER granting with modification [67] Defendant's Motion for Extension of Time to Respond to Discovery Requests. Defendant shall have up to and including March 28, 2019 to respond to Plaintiff's Second Set of Discovery Requests. Signed by Magistrate Judge David Keesler on 3/21/19. (mga)
Mar 15, 2019 67 Motion for Extension of Time (3)
Docket Text: MOTION for Extension of Time to Respond to Discovery Requests by La Michoacana, Luis Maestre, Adriana Teran. Responses due by 3/29/2019 plus an additional 3 days if served by mail (Tran, Sonny). Motions referred to David Keesler.
Mar 15, 2019 68 Main Document (5)
Docket Text: REPLY to Response to Motion re [59] Third MOTION to Withdraw as Attorney by La Michoacana, Luis Maestre, Adriana Teran. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Tran, Sonny)
Mar 15, 2019 68 Exhibit A (1)
Mar 15, 2019 68 Exhibit B (1)
Mar 15, 2019 68 Exhibit C (1)
Mar 13, 2019 64 Main Document (30)
Docket Text: MOTION for Summary Judgment by La Michoacana Natural, LLC. Responses due by 3/27/2019 plus an additional 3 days if served by mail (Attachments: # (1) Cover Sheet Notice of Motion for Partial Summary Judgment, # (2) Affidavit Declaration of Rigoberto Fernandez, # (3) Affidavit Declaratiion of Stephen L. Anderson, # (4) Exhibit Uncontroverted Statement of Material Facts in support of Partial Summary Judgment, # (5) Exhibit Exhibit No. 1 - Federal Registration Certificates, # (6) Exhibit Exhibit No. 2 - Plaintiff's Website Printout, # (7) Exhibit Exhibit No. 3 - Receipts from Defendants' Store October November 2018, # (8) Exhibit Exhibit No. 4 - the HOLA NEWS - July 24, 2018, # (9) Exhibit Exhibit No. 5 - RFAS to Luis Maestre, # (10) Exhibit Exhibit No. 6 Defendants' Claimed Income and Profit Statements)(Anderson, Stephen)
Mar 13, 2019 64 Cover Sheet Notice of Motion for Partial Summary Judgment (3)
Mar 13, 2019 64 Affidavit Declaration of Rigoberto Fernandez (7)
Mar 13, 2019 64 Affidavit Declaratiion of Stephen L. Anderson (5)
Mar 13, 2019 64 Exhibit Uncontroverted Statement of Material Facts in support of Partial Summary (10)
Mar 13, 2019 64 Exhibit Exhibit No. 1 - Federal Registration Certificates (5)
Mar 13, 2019 64 Exhibit Exhibit No. 2 - Plaintiff's Website Printout (7)
Mar 13, 2019 64 Exhibit Exhibit No. 3 - Receipts from Defendants' Store October November 20 (2)
Mar 13, 2019 64 Exhibit Exhibit No. 4 - the HOLA NEWS - July 24, 2018 (3)
Mar 13, 2019 64 Exhibit Exhibit No. 5 - RFAS to Luis Maestre (53)
Mar 13, 2019 64 Exhibit Exhibit No. 6 Defendants' Claimed Income and Profit Statements (23)
Mar 13, 2019 65 Response in Opposition to Motion (11)
Docket Text: RESPONSE in Opposition re [59] Third MOTION to Withdraw as Attorney and request for sanctions against attorney Tran and an Order directed to Defendants by La Michoacana Natural, LLC. Replies due by 3/20/2019 plus an additional 3 days if served by mail (Anderson, Stephen)
Mar 13, 2019 66 Notice of Change of Address (2)
Docket Text: NOTICE of Change of Address by Stephen Lee Anderson (Anderson, Stephen)
Mar 11, 2019 62 Main Document (2)
Docket Text: Mail (Doc #60) addressed to Luis Maestre #7015 1520 5359 7959, LaLinda #7015 1520 0001 5359 7973,La Michoacana Paleteria & Nevaria #7015 1520 0001 7980, and Adriana (Teran) Maestre #7015 1520 0001 5359 7966 returned as undeliverable. (Attachments: # (1) Envelope, # (2) Envelope, # (3) Envelope ) (jaw)
Mar 11, 2019 62 certified mail receipt #7015 1520 0001 5359 7973 (2)
Mar 11, 2019 62 certified mail receipt #7015 1520 0001 7980 (2)
Mar 11, 2019 62 certified mail receipt #7015 1520 0001 5359 7966 (2)
Mar 11, 2019 63 Main Document (2)
Docket Text: Pro Se RESPONSE to Motion re [59] Third MOTION to Withdraw as Attorney by La Michoacana, Luis Maestre, Adriana Teran. Replies due by 3/18/2019 plus an additional 3 days if served by mail (Attachments: # (1) Envelope).(ams)
Mar 11, 2019 63 Envelope (1)
Mar 1, 2019 61 Main Document (13)
Docket Text: Second MOTION for Preliminary Injunction by La Michoacana Natural, LLC. Responses due by 3/15/2019 plus an additional 3 days if served by mail (Attachments: # (1) Affidavit of Stephen L. Anderson in Support of Motion for Second Preliminary Injunction)(Anderson, Stephen)
Mar 1, 2019 61 Affidavit of Stephen L. Anderson in Support of Motion for Second Preliminary Inj (5)
Feb 28, 2019 60 Order (2)
Docket Text:ORDER that Defendants and/or their counsel shall file response(s) to "Plaintiff's Motion For Sanctions Due To Defendants' Failure Comply With Court Order & Stipulation Re: Discovery" (Document No. [58]) on or before March 12, 2019. Plaintiff and Defendants, individually, shall file responses to "Defendants' Counsel's Third Motion To Withdraw As Counsel" (Document No. [59]) on or before March 12, 2019. ( Responses due by 3/12/2019 plus an additional 3 days if served by mail). Signed by Magistrate Judge David Keesler on 2/28/19. (mga)
Feb 26, 2019 59 Main Document (6)
Docket Text: Third MOTION to Withdraw as Attorney by La Michoacana, Luis Maestre, Adriana Teran. Responses due by 3/12/2019 plus an additional 3 days if served by mail (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Tran, Sonny). Modified to remove referral on 5/8/2019 (brl).
Feb 26, 2019 59 Exhibit A (1)
Feb 26, 2019 59 Exhibit B (1)
Feb 26, 2019 59 Exhibit C (1)
Feb 26, 2019 59 Exhibit D (1)
Feb 22, 2019 58 Main Document (10)
Docket Text: MOTION for Sanctions by La Michoacana Natural, LLC. Responses due by 3/8/2019 plus an additional 3 days if served by mail (Attachments: # (1) Affidavit of Stephen L. Anderson in Support of Plaintiffs Motion for Sanctions due to Defendants Failure to Comply with Court Order & Stipulation Re: Discovery)(Anderson, Stephen). Modified to remove referral on 5/8/2019 (brl).
Feb 22, 2019 58 Affidavit of Stephen L. Anderson in Support of Plaintiffs Motion for Sanctions d (23)
Feb 21, 2019 57 Order on Motion to Withdraw as Attorney (3)
Docket Text:ORDER denying as moot [55] Second Motion to Withdraw as Attorney. ; denying without prejudice [56] Amended Motion to Withdraw as Attorney. Signed by Magistrate Judge David Keesler on 2/21/19. (tob)
Feb 20, 2019 55 Motion to Withdraw as Attorney (4)
Docket Text: Second MOTION to Withdraw as Attorney by La Michoacana, Luis Maestre, Adriana Teran. Responses due by 3/6/2019 plus an additional 3 days if served by mail (Tran, Sonny). Motions referred to David Keesler.
Feb 20, 2019 56 Motion to Withdraw as Attorney (4)
Docket Text: Amended MOTION to Withdraw as Attorney by La Michoacana, Luis Maestre, Adriana Teran. Responses due by 3/6/2019 plus an additional 3 days if served by mail (Tran, Sonny). Motions referred to David Keesler.
Feb 19, 2019 54 Order on Motion to Withdraw as Attorney (2)
Docket Text:ORDER denying [53] Motion to Withdraw as Attorney. Signed by Magistrate Judge David Keesler on 2/19/19. (mga)
Feb 15, 2019 53 Motion to Withdraw as Attorney (3)
Docket Text: Consent MOTION to Withdraw as Attorney by Luis Maestre, Adriana Teran. Responses due by 3/1/2019 plus an additional 3 days if served by mail (Tran, Sonny). Motions referred to David Keesler.
Feb 6, 2019 52 Scheduling Order (11)
Docket Text:REVISED Pretrial Order and Case Management Plan : Estimated Trial Time: three (3) to five (5) days. Discovery due by 8/1/2019. Motions due by 9/4/2019. Mediation deadline set for 11/1/2019. Jury Trial set for 1/6/2020 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr.. Signed by District Judge Robert J. Conrad, Jr on 2/6/2019. (eef)
Feb 4, 2019 51 Answer to Counterclaim (10)
Docket Text: ANSWER to [48] Answer to Complaint,, Counterclaim, by La Michoacana Natural, LLC.(Anderson, Stephen)
Feb 1, 2019 50 Stipulation (10)
Docket Text: STIPULATION re [49] Certification of Initial Attorneys Conference and Discovery Plan and Stipulation re: the parties' discovery disputes by La Michoacana Natural, LLC (Anderson, Stephen)
Jan 16, 2019 49 Certification of Initial Attorneys Conference and Discovery Plan (7)
Docket Text: CERTIFICATION of initial attorney conference and discovery plan and STIPULATION TO EXTEND DATE FOR RESPONSE TO COUNTERCLAIM (Anderson, Stephen)
Jan 3, 2019 48 Answer to Complaint (14)
Docket Text: ***STRICKEN PER ORAL ORDER ENTERED ON 5/31/19*** DEFENDANTS' AMENDED ANSWER to [1] Complaint FOR INJUNCTIVE RELIEF AND DAMAGES, COUNTERCLAIM FOR COMMON LAW TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION against La Michoacana Natural, LLC by Adriana Teran, Luis Maestre, La Michoacana.(Tran, Sonny) Modified text on 6/5/2019 (brl).
Dec 17, 2018 N/A Set/Reset Deadlines (0)
Docket Text: Set/Reset Deadlines: CIAC Report due by 1/18/2019. (mga)
Dec 17, 2018 46 Order on Motion to Amend/Correct (3)
Docket Text:ORDER granting [42] Motion for Leave Amend/Correct Answer(s) and Counterclaims.Defendants may file revisedAnswer(s) and Counterclaims on or before January 4, 2019. Signed by Magistrate Judge David Keesler on 12/17/18. (mga)
Dec 17, 2018 47 Order on Motion for Sanctions (6)
Docket Text:ORDER denying [37] Motion for Sanctions for Defendants' Failure to Comply with Court Order. IT IS FURTHER ORDERED that a Certification of Initial Attorneys Conference shall be filed on or before January 18, 2019. Signed by Magistrate Judge David Keesler on 12/17/18. (mga)
Nov 9, 2018 45 Main Document (8)
Docket Text: REPLY to Response to Motion re [42] MOTION to Amend/Correct Answer to Complaint by La Michoacana, Luis Maestre, Adriana Teran. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Tran, Sonny)
Nov 9, 2018 45 Exhibit A (1)
Nov 9, 2018 45 Exhibit B (1)
Nov 9, 2018 45 Exhibit C (1)
Nov 2, 2018 44 Main Document (14)
Docket Text: MEMORANDUM in Opposition re [42] MOTION to Amend/Correct Answer to Complaint by La Michoacana Natural, LLC. Replies due by 11/9/2018 plus an additional 3 days if served by mail (Attachments: # (1) Exhibit 1)(Anderson, Stephen)
Nov 2, 2018 44 Exhibit 1 (4)
Oct 26, 2018 43 Reply to Response to Motion (30)
Docket Text: REPLY to Response to Motion re [37] MOTION for Sanctions , [31] MOTION to Compel Rule 26 Initial Disclolsures and Responses to Plaintiff's Discovery sets to Defendants and for the imposition of sanctions against DefendantsDeclaration of Stephen L. Anderson in reply to Opposition and additional points and authorities by La Michoacana Natural, LLC. (Anderson, Stephen)
Oct 19, 2018 41 Main Document (3)
Docket Text: RESPONSE in Opposition re [37] MOTION for Sanctions by La Michoacana, Luis Maestre, Adriana Teran. Replies due by 10/26/2018 plus an additional 3 days if served by mail (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Tran, Sonny)
Oct 19, 2018 41 Exhibit A (3)
Oct 19, 2018 41 Exhibit B (4)
Oct 19, 2018 41 Exhibit C (14)
Oct 19, 2018 41 Exhibit D (7)
Oct 19, 2018 42 Main Document (8)
Docket Text: MOTION to Amend/Correct Answer to Complaint by La Michoacana, Luis Maestre, Adriana Teran. Responses due by 11/2/2018 plus an additional 3 days if served by mail (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Tran, Sonny). Motions referred to David Keesler.
Oct 19, 2018 42 Exhibit A (13)
Oct 19, 2018 42 Exhibit B (1)
Oct 19, 2018 42 Exhibit C (1)
Oct 19, 2018 42 Exhibit D (2)
Oct 19, 2018 42 Exhibit E (1)
Oct 19, 2018 42 Exhibit F (1)
Oct 9, 2018 40 Order Setting Response Deadline (2)
Docket Text: ORDER Setting Response Deadline re: [37] MOTION for Sanctions . Responses due by 10/19/2018 plus an additional 3 days if served by mail. Signed by Magistrate Judge David Keesler on 10/9/18. (mga)
Sep 27, 2018 39 Notice of Appearance (2)
Docket Text: NOTICE of Appearance by Sonny Thai Tran on behalf of All Defendants (Tran, Sonny)
Sep 1, 2018 37 Main Document (13)
Docket Text: MOTION for Sanctions by La Michoacana Natural, LLC. Responses due by 9/17/2018 plus an additional 3 days if served by mail (Attachments: # (1) Affidavit of Stephen L Anderson in Support of Motion for Sanctions, # (2) Exhibit Receipts from Defendants' store dated June 16 in violation of the PI herein, # (3) Exhibit Screenshots (German) of Defendant's infringing software offered 9-1-18 in violation of this Court's PI (Dkt 30), # (4) Exhibit Other screenshots (French) of Defendant's infringing software offered 9-1-18 in violation of this Court's PI (Dkt 30), # (5) Exhibit Other screenshot (Dutch or Swedish) of Defendant's infringing software offered 9-1-18 in violation of this Court's PI (Dkt 30))(Anderson, Stephen). Motions referred to David Keesler.
Sep 1, 2018 37 Affidavit of Stephen L Anderson in Support of Motion for Sanctions (5)
Sep 1, 2018 37 Exhibit Receipts from Defendants' store dated June 16 in violation of the P (2)
Sep 1, 2018 37 Exhibit Screenshots (German) of Defendant's infringing software offered 9-1 (2)
Sep 1, 2018 37 Exhibit Other screenshots (French) of Defendant's infringing software offer (2)
Sep 1, 2018 37 Exhibit Other screenshot (Dutch or Swedish) of Defendant's infringing softw (1)
Sep 1, 2018 38 Notice (Other) (5)
Docket Text: NOTICE of Defendants' Failure to Comply with this Court's Order compelling Disclosures and discovery responses (Dkt 33)and re violation of Preliminary Injunction and request for Sanctions by La Michoacana Natural, LLC re [33] Order on Motion to Compel,, [30] Order on Motion for Preliminary Injunction (Anderson, Stephen)
Aug 17, 2018 33 Order on Motion to Compel (3)
Docket Text:ORDER granting in part and denying in part [31] Plaintiffs Notice of Motion and Motion to Compel Defendants Initial Disclosures and Defendants Responses to Plaintiffs First Sets of Interrogatories and Requests for Production of Documents and Things and for Sanctions.IT IS FURTHER ORDERED that Defendants shall serve their initial disclosures and full discovery responses on Plaintiffs counsel by August 31, 2018. Signed by Magistrate Judge David Keesler on 8/17/18. (Pro se litigant served by US Mail.)(mga)
Aug 14, 2018 32 Notice - no reply to motion (3)
Docket Text: NOTICE of intent not to file reply by La Michoacana Natural, LLC re [31] MOTION to Compel Rule 26 Initial Disclolsures and Responses to Plaintiff's Discovery sets to Defendants and for the imposition of sanctions against Defendantsre: Defendants' failure to respond to Motion by La Michoacana Natural, LLC. (Anderson, Stephen)
Jul 27, 2018 31 Main Document (15)
Docket Text: MOTION to Compel Rule 26 Initial Disclolsures and Responses to Plaintiff's Discovery sets to Defendants and for the imposition of sanctions against Defendants by La Michoacana Natural, LLC. Responses due by 8/10/2018 plus an additional 3 days if served by mail (Attachments: # (1) Affidavit of Stephen L Anderson, # (2) Exhibit Exhibits 1-6 in support of Motion, # (3) Proposed Order compelling initial disclosures, discovery responses and imposing monetary sanctions against Defendants)(Anderson, Stephen). Motions referred to David Keesler.
Jul 27, 2018 31 Affidavit of Stephen L Anderson (5)
Jul 27, 2018 31 Exhibit Exhibits 1-6 in support of Motion (48)
Jul 27, 2018 31 Proposed Order compelling initial disclosures, discovery responses and imposing (3)
Jun 1, 2018 N/A Motion Hearing (0)
Docket Text: Minute Entry: MOTION HEARING held before District Judge Robert J. Conrad, Jr. Re [22] MOTION for Preliminary Injunction . Plaintiffs attorney: Stephen Lee Anderson, Albert Peter Allan. Defendants attorney: Luis Maestre (Pro Se), Adriana Teran (Pro Se). Court Reporter: Jackie Johnson (Huseby). Interpreter: Fausto Peralta.
Jun 1, 2018 30 Order on Motion for Preliminary Injunction (11)
Docket Text:**DISSOLVED**ORDER Granting [22] Plaintiff's Motion for Preliminary Injunction. Signed by District Judge Robert J. Conrad, Jr on 6/1/2018. (Pro se litigant served by US Mail.)(jaw) Modified on 3/12/2020 (brl).
May 30, 2018 29 Declaration (7)
Docket Text: DECLARATION of Stephen L. Anderson re [22] MOTION for Preliminary Injunction Supplemental Declaration re: Defendants' infringing store signage filed by La Michoacana Natural, LLC (Anderson, Stephen)
May 19, 2018 28 Notice (Other) (5)
Docket Text: NOTICE of Defendants' Non-Opposition to Plaintiff's Motion for Preliminary Injunction by La Michoacana Natural, LLC re [22] MOTION for Preliminary Injunction (Anderson, Stephen)
May 7, 2018 27 Main Document (1)
Docket Text: Mail (Order, Document [24]) addressed to La Michoacana, Adriana Teran and Luis Maestre returned as undeliverable. (Attachments: # (1) Envelope, # (2) Envelope) (ams)
May 7, 2018 27 Envelope (1)
May 7, 2018 27 Envelope (1)
May 3, 2018 N/A Notice of Hearing on Motion (0)
Docket Text: NOTICE of Hearing on Motion re: [22] MOTION for Preliminary Injunction : Motion Hearing set for 6/1/2018 09:30 AM in Courtroom 2-2, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(eef)
May 1, 2018 25 Answer to Complaint (11)
Docket Text: Pro Se ANSWER to [1] Complaint with Jury Demand by Luis Maestre, Adriana Teran.(ams)
May 1, 2018 26 Answer to Complaint (10)
Docket Text: Pro Se ANSWER to [1] Complaint with Jury Demand by Luis Roberto Maestre on behalf of La Michoacana.(ams)
Apr 30, 2018 N/A Set Motion and M&R Deadlines/Hearings (0)
Docket Text: Set/Reset Deadlines as to [22] MOTION for Preliminary Injunction . Responses due by 5/15/2018 plus an additional 3 days if served by mail (mga)
Apr 30, 2018 24 Order on Motion to Withdraw as Attorney (2)
Docket Text:ORDER granting [15] Motion to Withdraw as Attorney. Attorney David Christopher Osborn and Christopher Chandek Peace terminated. IT IS FURTHER ORDERED that Defendants shall file a response to Plaintiffs Motion For Preliminary Injunction (Document No. 22) on or before May 15, 2018. Signed by Magistrate Judge David Keesler on 4/30/18. (mga)
Apr 24, 2018 23 Notice of Withdrawal of Document (3)
Docket Text: Notice of Withdrawal of document by La Michoacana, Luis Maestre, Adriana Teran ***Documents terminated: [13] Amended MOTION to Dismiss for Lack of Jurisdiction to Correct ECF Error filed by Adriana Teran, La Michoacana, Luis Maestre. (Peace, Christopher)
Apr 23, 2018 22 Main Document (34)
Docket Text: MOTION for Preliminary Injunction by La Michoacana Natural, LLC. Responses due by 5/7/2018 plus an additional 3 days if served by mail (Attachments: # (1) Affidavit of Stephen L. Anderson in support of Motion for Preliminary Injunction and Exh 1, # (2) Affidavit of Rigoberto Fernandez in support of Motion for Preliminary Injunction and Exhibit 2)(Anderson, Stephen)
Apr 23, 2018 22 Affidavit of Stephen L. Anderson in support of Motion for Preliminary Injunction (17)
Apr 23, 2018 22 Affidavit of Rigoberto Fernandez in support of Motion for Preliminary Injunction (9)
Apr 11, 2018 21 Affidavit of Service (9)
Docket Text: AFFIDAVIT of Service filed by La Michoacana Natural, LLC. La Michoacana served on 4/10/2018, answer due 5/1/2018; Luis Maestre served on 4/10/2018, answer due 5/1/2018; Adriana Teran served on 4/10/2018, answer due 5/1/2018. (Allan, Albert)
Apr 9, 2018 19 Main Document (2)
Docket Text: Summons Reissued Electronically as to La Michoacana, Luis Maestre, Adriana Teran. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4.1.1. (Attachments: # (1) Luis Maestre, # (2) Summons - Adriana Teran)(brl)
Apr 9, 2018 19 Luis Maestre (2)
Apr 9, 2018 19 Summons - Adriana Teran (2)
Apr 9, 2018 20 Main Document (4)
Docket Text: REPLY to Response to Motion re [15] Second MOTION to Withdraw as Attorney (all attorneys for Defendants) by La Michoacana, Luis Maestre, Adriana Teran. (Attachments: # (1) Affidavit Declaration of Counsel)(Peace, Christopher)
Apr 9, 2018 20 Affidavit Declaration of Counsel (3)
Apr 2, 2018 18 Memorandum in Opposition to Motion (5)
Docket Text: MEMORANDUM in Opposition re [15] Second MOTION to Withdraw as Attorney (all attorneys for Defendants) by La Michoacana Natural, LLC. Replies due by 4/9/2018 plus an additional 3 days if served by mail (Anderson, Stephen)
Mar 23, 2018 17 Order on Motion to Dismiss/Lack of Jurisdiction (1)
Docket Text:ORDER denying as moot [7] Motion to Dismiss for Lack of Jurisdiction. IT IS FURTHER ORDERED that Plaintiff may file a response or an Amended Complaint on or before April 15, 2018. See Fed.R.Civ.P. 15. Signed by Magistrate Judge David Keesler on 3/23/18. (mga)
Mar 22, 2018 12 Notice of Appearance (3)
Docket Text: NOTICE of Appearance by Christopher Chandek Peace on behalf of All Defendants (Peace, Christopher)
Mar 22, 2018 13 Motion to Dismiss/Lack of Jurisdiction (4)
Docket Text: Amended MOTION to Dismiss for Lack of Jurisdiction to Correct ECF Error by La Michoacana, Luis Maestre, Adriana Teran. Responses due by 4/5/2018 plus an additional 3 days if served by mail (Peace, Christopher). Motions referred to David Keesler.
Mar 22, 2018 14 Reply to Response to Motion (5)
Docket Text: REPLY to Response to Motion re [7] MOTION to Dismiss for Lack of Jurisdiction due to inadequate service of process, [13] Amended MOTION to Dismiss for Lack of Jurisdiction to Correct ECF Error (refiled to correct ECF error) by La Michoacana, Luis Maestre, Adriana Teran. (Peace, Christopher)
Mar 22, 2018 15 Motion to Withdraw as Attorney (3)
Docket Text: Second MOTION to Withdraw as Attorney (all attorneys for Defendants) by La Michoacana, Luis Maestre, Adriana Teran. (Peace, Christopher). Motions referred to David Keesler.
Mar 22, 2018 16 Main Document (5)
Docket Text: RESPONSE TO ORDER TO SHOW CAUSE by La Michoacana, Luis Maestre, Adriana Teran. (Attachments: # (1) Exhibit ECF webpage following login (via PACER login credentials))(Peace, Christopher)
Mar 22, 2018 16 Exhibit ECF webpage following login (via PACER login credentials) (1)
Mar 19, 2018 11 Order on Motion to Withdraw as Attorney (2)
Docket Text:ORDER denying without prejudice [10] Motion to Withdraw as Attorney. IT IS FURTHER ORDERED that Defendants shall SHOW CAUSE on or before March 28, 2018, why the pending Motion To Dismiss should not be denied without prejudice based on its filing by an attorney who has never filed a Notice of Appearance in the case. Signed by Magistrate Judge David Keesler on 3/19/18. (mga)
Mar 15, 2018 10 Motion to Withdraw as Attorney (3)
Docket Text: MOTION to Withdraw as Attorney by La Michoacana, Luis Maestre, Adriana Teran. (Osborn, David). Motions referred to David Keesler.
Mar 9, 2018 9 Reply to Response to Motion (5)
Docket Text: REPLY to Response to Motion re [7] MOTION to Dismiss for Lack of Jurisdiction due to inadequate service of process by La Michoacana, Luis Maestre, Adriana Teran. (Osborn, David)
Mar 2, 2018 8 Main Document (21)
Docket Text: RESPONSE in Opposition re [7] MOTION to Dismiss for Lack of Jurisdiction due to inadequate service of process by La Michoacana Natural, LLC. Replies due by 3/9/2018 plus an additional 3 days if served by mail (Attachments: # (1) Affidavit Allan Declaration, # (2) Exhibit 1 - Karb email, # (3) Exhibit 2 - Allan email, # (4) Affidavit Anderson Declaration, # (5) Exhibit 3 - Facebook Page, # (6) Exhibit 4 - People finder, court record summary, Facebook page, # (7) Exhibit 5 - People finder, Facebook page, # (8) Exhibit 6 - App Summary)(Allan, Albert)
Mar 2, 2018 8 Affidavit Allan Declaration (3)
Mar 2, 2018 8 Exhibit 1 - Karb email (1)
Mar 2, 2018 8 Exhibit 2 - Allan email (4)
Mar 2, 2018 8 Affidavit Anderson Declaration (3)
Mar 2, 2018 8 Exhibit 3 - Facebook Page (5)
Mar 2, 2018 8 Exhibit 4 - People finder, court record summary, Facebook page (9)
Mar 2, 2018 8 Exhibit 5 - People finder, Facebook page (35)
Mar 2, 2018 8 Exhibit 6 - App Summary (18)
Feb 16, 2018 7 Motion to Dismiss/Lack of Jurisdiction (4)
Docket Text: MOTION to Dismiss for Lack of Jurisdiction due to inadequate service of process by La Michoacana, Luis Maestre, Adriana Teran. Responses due by 3/2/2018 plus an additional 3 days if served by mail (Osborn, David). Motions referred to David Keesler.
Dec 28, 2017 6 Main Document (2)
Docket Text: Summons Issued Electronically as to La Michoacana, Luis Maestre, Adriana Teran. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: # (1) Summons, # (2) Summons)(mga)
Dec 28, 2017 6 Summons (2)
Dec 28, 2017 6 Summons (2)
Dec 19, 2017 N/A Case Assigned/Reassigned (0)
Docket Text: Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(ams)
Dec 19, 2017 N/A Notice - Out of State Counsel (0)
Docket Text: Notice to Stephen Lee Anderson: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 12/27/2017. (mga)
Dec 19, 2017 1 Main Document (34)
Docket Text: COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-3543400), filed by La Michoacana Natural, LLC. (Attachments: # (1) Exhibit Annex of Exhibits)(Allan, Albert)
Dec 19, 2017 1 Exhibit Annex of Exhibits (87)
Dec 19, 2017 2 Corporate Disclosure Statement (2)
Docket Text: Corporate Disclosure Statement by La Michoacana Natural, LLC (Allan, Albert)
Dec 19, 2017 3 Main Document (3)
Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Stephen L. Anderson Filing fee $ 281, receipt number 0419-3543484. by La Michoacana Natural, LLC. (Attachments: # (1) Affidavit Declaration in Support of Motion)(Allan, Albert). Motions referred to David Keesler.
Dec 19, 2017 3 Affidavit Declaration in Support of Motion (3)
Dec 19, 2017 4 Report Regarding Patent & Trademark (1)
Docket Text: REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (ams)
Dec 19, 2017 5 Order on Motion for Leave to Appear Pro Hac Vice (1)
Docket Text:ORDER granting [3] Motion for Leave to Appear Pro Hac Vice. Mr. Stephen L. Anderson is hereby admitted pro hac vice to represent Plaintiff La Michoacana Natural, LLC. Signed by Magistrate Judge David Keesler on 12/19/17. (mga) Modified text on 12/19/2017 (mga). (Main Document 5 replaced on 12/19/2017) (mga). NEF regenerated on 12/19/2017 (mga).
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