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Case number 5:21-cv-00248

Sunless, Inc. v. Palm Beach Tan, Inc. et al > Documents

Date Field Doc. No.Description (Pages)
Feb 1, 2023 129 Supplement to Motion for attorney William C. Lawrence to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11816676, - Declaration of William C. Lawrence, filed by All Plaintiffs. Related document(s) 128 . (Chappelear, Stephen) (Entered: 02/01/2023) (2)
Jan 31, 2023 127 Motion for attorney Sara R. Krastins to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11816441, filed by Plaintiff Sunless, Inc.. (Attachments: # 1 Affidavit Declaratin of Sara R. Krastins)(Chappelear, Stephen) (Entered: 01/31/2023) () (2)
Jan 31, 2023 128 Motion for attorney William C. Lawrence to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11816676, filed by Plaintiff Sunless, Inc.. (Attachments: # 1 Affidavit Declaration of William C. Lawrence)(Chappelear, Stephen) (Entered: 01/31/2023) () (2)
Jan 31, 2023 127 Motion for attorney Sara R. Krastins to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11816441, filed by Plaintiff Sunless, Inc.. (Attachments: # 1 Affidavit Declaratin of Sara R. Krastins)(Chappelear, Stephen) (Entered: 01/31/2023) (Affidavit Declaratin of Sara R. Krastins) (2)
Jan 31, 2023 128 Motion for attorney William C. Lawrence to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11816676, filed by Plaintiff Sunless, Inc.. (Attachments: # 1 Affidavit Declaration of William C. Lawrence)(Chappelear, Stephen) (Entered: 01/31/2023) (Affidavit Declaration of William C. Lawrence) (2)
Nov 22, 2022 126 Joint Motion for extension of discovery deadlines filed by Plaintiff Sunless, Inc.. Related document(s) 104 . (Cricco-Lizza, Gianna) (Entered: 11/22/2022) (5)
Nov 17, 2022 124 Motion for attorney Emma Mata to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11716455, filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan Franchising, Inc., Palm Beach Tan, Inc.. (Attachments: # 1 Exhibit Declaration)(Marsh, John) (Entered: 11/17/2022) () (3)
Nov 17, 2022 125 Motion for attorney Sharad K. Bijanki to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11716503, filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan Franchising, Inc., Palm Beach Tan, Inc.. (Attachments: # 1 Exhibit Declaration)(Marsh, John) (Entered: 11/17/2022) () (3)
Nov 17, 2022 125 Motion for attorney Sharad K. Bijanki to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11716503, filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan Franchising, Inc., Palm Beach Tan, Inc.. (Attachments: # 1 Exhibit Declaration)(Marsh, John) (Entered: 11/17/2022) (Exhibit Declaration) (2)
Nov 17, 2022 124 Motion for attorney Emma Mata to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11716455, filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan Franchising, Inc., Palm Beach Tan, Inc.. (Attachments: # 1 Exhibit Declaration)(Marsh, John) (Entered: 11/17/2022) (Exhibit Declaration) (2)
Oct 25, 2022 123 Minutes of proceedings before Magistrate Judge Jonathan D. Greenberg. An in-person mediation was held in Chambers 10B on October 25, 2022. The parties were unable to reach an agreement. The referral is terminated. Time: 6 hours. (D,Ky) (Entered: 10/26/2022) (1)
Oct 24, 2022 122 Minutes of proceedings before Magistrate Judge Jonathan D. Greenberg. An in-person mediation was held in Chambers 10B on October 24, 2022. The parties continue to negotiate. The mediation will resume at 10 a.m. October 25, 2022. Time: 7 hours. (D,Ky) (Entered: 10/25/2022) (1)
Sep 30, 2022 121 Order. For the foregoing reasons, the court grants-in-part and denies-in-part Plaintiff's Motion to Compel (ECF No. 63 ); denies Plaintiff's second Motion to Compel Document Production and Respond to Interrogatories (ECF No. 68 ); grants Plaintiff's Motion for Leave to File Papers Under Seal (ECF No. 72 ); and denies Plaintiff's Sealed and Unsealed Motions for Sanctions (ECF Nos. 73 , 74 ). Signed by Judge Solomon Oliver, Jr. on 9/30/2022.(R,Sh) (Entered: 09/30/2022) (30)
Sep 20, 2022 120 Minutes of proceedings before Magistrate Judge Jonathan D. Greenberg. A status conference was held on September 20, 2022. The parties continue to negotiate. An in-person mediation is set for October 24, 2022 andOctober 25, 2022, beginning at 10 a.m. each day. Updated mediation statements due to chambers by October 7, 2022 at 12:00 p.m. Time: 3 hours. (D,Ky) (Entered: 09/20/2022) (1)
Sep 19, 2022 119 Reply in support of 115 Motion for leave to File First Amended and Supplemental Counterclaims filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan, Inc.. (Meyerhoff, Lisa) (Entered: 09/19/2022) (11)
Sep 14, 2022 118 Minutes of proceedings before Magistrate Judge Jonathan D. Greenberg. A mediation conference was held on September 14, 2022. The parties continue to negotiate. An attorneys-only status conference via Zoom is set forSeptember 20, 2022, at 11:00 a.m. Zoom information shall be emailed to counsel. Time: 3.5 hours. (D,Ky) (Entered: 09/15/2022) (1)
Sep 12, 2022 116 Reply in support of 109 Motion to dismiss counts II, VII, and VIII of Defendants' Counterclaims with Prejudice filed by Sunless, Inc.. (Chappelear, Stephen) (Entered: 09/12/2022) (28)
Sep 12, 2022 117 Opposition to 115 Motion for leave to File First Amended and Supplemental Counterclaims filed by Sunless, Inc.. (Chappelear, Stephen) (Entered: 09/12/2022) (12)
Aug 29, 2022 114 Opposition (30)
Docket Text:Opposition to [109] Motion to dismiss counts II, VII, and VIII of Defendants' Counterclaims with Prejudice filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan Franchising, Inc., Palm Beach Tan, Inc.. (Meyerhoff, Lisa)
Aug 29, 2022 115 Motion for leave (7)
Docket Text:Motion for leave to File First Amended and Supplemental Counterclaims filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan, Inc.. Related document(s)[108]. (Meyerhoff, Lisa)
Aug 23, 2022 N/A Order (0)
Docket Text:Order [non-document] The parties' confidential mediation statements may be up to ten (10) pages long. All other aspects of the Mediation Scheduling Order (Doc. No. [106]) remain in effect. Magistrate Judge Jonathan D. Greenberg on 8/23/22. (D,Ky)
Aug 22, 2022 112 Reply (5)
Docket Text:Reply in support of [110] Motion to strike Defendants' First Amended and Supplemental Counterclaims filed by Sunless, Inc.. (Chappelear, Stephen)
Aug 22, 2022 113 Stipulation (4)
Docket Text: Proposed Stipulation regarding Future Filings for the Consolidated Cases filed by Sunless, Inc.. Associated Cases: 5:21-cv-00248-SO, 1:22-cv-00090-SO(Chappelear, Stephen)
Aug 15, 2022 111 Opposition (6)
Docket Text:Opposition to [110] Motion to strike Defendants' First Amended and Supplemental Counterclaims (and related #41 Motion in 1:22-cv-00090) filed by All Defendants. (Meyerhoff, Lisa)
Aug 1, 2022 110 Main Document (10)
Docket Text:Motion to strike Defendants' First Amended and Supplemental Counterclaims with memorandum in support filed by Plaintiff Sunless, Inc.. Related document(s)(108 in 5:21-cv-00248-SO). (Attachments: # (1) Proposed Order) Associated Cases: 5:21-cv-00248-SO, 1:22-cv-00090-SO(Chappelear, Stephen)
Aug 1, 2022 110 Proposed Order (2)
Jul 29, 2022 109 Main Document (36)
Docket Text:Motion to dismiss counts II, VII, and VIII of Defendants' Counterclaims with Prejudice with memorandum in support filed by Plaintiff Sunless, Inc. Related document(s)[108]. (Attachments: # (1) Exhibit A - 1/18/2022 Email, # (2) Exhibit B - 7/18/2022 Email, # (3) Proposed Order)(Chappelear, Stephen) Modified text on 8/3/2022 (M,CE).
Jul 29, 2022 109 Exhibit A - 1/18/2022 Email (2)
Jul 29, 2022 109 Exhibit B - 7/18/2022 Email (4)
Jul 29, 2022 109 Proposed Order (1)
Jul 16, 2022 108 Amended counterclaim (30)
Docket Text: Amended and Supplemental Counterclaim against Sunless, Inc.. Filed by Pacific Beach Tan, Inc., Palm Beach Tan, Inc., North Central Tan, LLC, Ashley Lynn's Inc., Old Trinity Partners, LLC, American Tanning, Co.. (Meyerhoff, Lisa) Modified text on 7/20/2022 (M,CE).
Jun 30, 2022 107 Notice (3)
Docket Text: Notice of Withdrawal of Co-Counsel filed by All Defendants. (Hawkins, Myall)
Jun 23, 2022 N/A Order of Referral to Judicial Officer for Mediation or Settlement (0)
Docket Text:Order referring case to Magistrate Judge Jonathan D. Greenberg for mediation/settlement with the understanding that the Magistrate Judge may not be available on the dates requested and that it is up to the Magistrate Judge to determine a date that will be convenient to his calendar. Related document [105]. Judge Solomon Oliver, Jr. on 6/23/2022. (R,Sh)
Jun 23, 2022 106 Order (6)
Docket Text:Order scheduling zoom mediation conference to be held on 9/14/2022 at 10:00 AM before Magistrate Judge Jonathan D. Greenberg. Confidential mediation statements are due to chambers by 9/7/22. Signed by Magistrate Judge Jonathan D. Greenberg on 6/23/22. (D,Ky)
Jun 17, 2022 105 Notice (4)
Docket Text: Joint Notice Regarding Mediation filed by Sunless, Inc.. (Chappelear, Stephen)
Jun 15, 2022 N/A Order on Motion to Appear Pro Hac (0)
Docket Text: Order [non-document] granting Defendants' Motion for appearance pro hac vice by attorney Vincent M. Smolczynski for American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # [102]). Judge Solomon Oliver, Jr. on 6/15/2022.(R,Sh)
Jun 15, 2022 103 Motion to supplement (2)
Docket Text: Supplement to [102] Motion for attorney Vincent M. Smolczynski to Appear Pro Hac Vice, Signed Declaration filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan Franchising, Inc., Palm Beach Tan, Inc.. Related document(s)[102]. (Marsh, John)
Jun 15, 2022 104 Case Management Conference Plan/Order (2)
Docket Text:Case Management Conference Order. The court held a telephonic case management conference with counsel for the parties in the within case on June 10, 2022, at 2:30 p.m. This case is assigned to the complex track. The parties will have until 7/15/2022 to join parties and/or amend the pleadings. Plaintiff will have 30 days to file an answer if the court dismisses Defendants' Counterclaims. The cut-off date for fact discovery is 12/16/2022. Expert reports by the party with the burden of proof shall be due on or before 1/27/2023. The parties shall provide rebuttal expert reports no later than 2/24/2023, and the completion of expert depositions shall occur no later than 3/24/2023. The dispositive motion cut-off date is 5/26/2023. The parties will confer and let the court know within seven (7) days whether they would like to proceed with mediation conducted by Magistrate Judge Jonathan Greenberg or a private mediator, and when they would like to proceed to mediation. If the parties decide to utilize a private mediator, they shall let the court know the name of the mediator within 21 days of the date of this Order. The court strongly encouraged the parties to engage in mediation by August or September, if possible. Signed by Judge Solomon Oliver, Jr. on 6/15/2022. (M,CE)
Jun 10, 2022 N/A Random Assignment of Magistrate Judge (0)
Docket Text: Random Reassignment of Magistrate Judge pursuant to General Order 2022-03. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (S,HR)
Jun 10, 2022 N/A Order on Motion to consolidate cases (0)
Docket Text:Order [non-document] granting Defendant Palm Beach Tan's Motion to consolidate cases (Related Doc # [78]). All further filings and pleadings in case 1:22-cv-90 shall be filed in this action. Approved by Judge Solomon Oliver, Jr. on 6/10/2022.(R,Sh)
Jun 10, 2022 102 Main Document (3)
Docket Text:Motion for attorney Vincent M. Smolczynski to Appear Pro Hac Vice. Filing fee $ 120, receipt number BOHNDC-11465858, filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan, Inc.. (Attachments: # (1) Exhibit - Declaration does not contain original signature)(Marsh, John)
Jun 10, 2022 102 Exhibit - Declaration does not contain original signature (2)
Jun 6, 2022 98 Notice (2)
Docket Text: Notice of Withdrawal of Motion for a Protective Order With Respect To Discovery on Defendant's Counterclaims filed by Sunless, Inc.. Related document(s)[66].(Chappelear, Stephen)
Jun 6, 2022 99 Notice (2)
Docket Text: Notice of Withdrawal of Cross-Motion to Compel Attendance at Depositions and to Bifurcate Defendant's Counterclaims filed by Sunless, Inc.. Related document(s)[76].(Chappelear, Stephen)
Jun 6, 2022 100 Notice (2)
Docket Text: Notice of Withdrawal of Opposition to Defendant's Motion to Consolidate filed by Sunless, Inc.. Related document(s)[82].(Chappelear, Stephen) Modified on 6/13/2022 (M,CE).
Jun 6, 2022 101 Motion to withdraw document (3)
Docket Text: Unopposed Motion to withdraw Certain Pending Motion filed by Defendant Palm Beach Tan, Inc.. Related document(s)[71]. (Hawkins, Myall)
Jun 2, 2022 97 Answer (16)
Docket Text:Answer [94] Counterclaim filed by Sunless, Inc. (Chappelear, Stephen) Modified text on 6/3/2022 (M,CE).
Jun 1, 2022 96 USCA Mandate (1)
Docket Text: True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's decision re [56] Notice of Appeal (USCA# 21-3616). Date issued as mandate 5/31/22; Costs: None (H,SP)
May 9, 2022 95 Main Document (7)
Docket Text: Information Copy of opinion from USCA for the Sixth Circuit: Affirming the District Court's decision re [56] Notice of Appeal (USCA# 21-3616). This is not a mandate order. Circuit Judges: Gilman, Kethledge, and Larsen. Date issued by USCA 5/6/22. (Attachments: # (1) Judgment) (H,SP)
May 9, 2022 95 Judgment (1)
Apr 14, 2022 93 Answer (23)
Docket Text:Answerto Defendant Palm Beach Tan, Inc.'s Counterclaims filed by Sunless, Inc.. Related document(s)[23]. (Chappelear, Stephen)
Apr 14, 2022 94 Answer to Complaint (30)
Docket Text:Answer to [1] Complaint, with Jury Demand , Counterclaim against Sunless, Inc. filed by Pacific Beach Tan, Inc., American Tanning, Co., Ashley Lynn's Inc., Old Trinity Partners, LLC, North Central Tan, LLC. (Meyerhoff, Lisa)
Mar 31, 2022 91 Order on Motion to dismiss for lack of jurisdiction (17)
Docket Text:Order. For the foregoing reasons, the court denies Defendants' Motion to Dismiss for lack of jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2) and forum non conveniens . (Related Doc # [22]) Signed by Judge Solomon Oliver, Jr. on 3/31/2022.(R,Sh)
Mar 31, 2022 92 Order on Motion for order (19)
Docket Text:Order. For the foregoing reasons, the court grants Plaintiff's Motion (ECF No. 43) with respect to Defendant's Counts VI and VII; denies Plaintiff's Motion (ECF No. 43) with respect to the remaining Counterclaims (ECF No. 23); and denies Plaintiffs Motion for Judicial Notice (ECF No. 41). Signed by Judge Solomon Oliver, Jr. on 3/31/2022.(R,Sh)
Feb 22, 2022 90 Reply (9)
Docket Text:Reply in support of [76] Cross-Motion to Compel Attendance at Depositions and Bifurcate Counterclaims filed by Sunless, Inc.. (Chappelear, Stephen)
Feb 15, 2022 89 Reply (17)
Docket Text:Reply in support of [71] Motion for temporary protective order pursuant to Fed. R. Civ. P. 26 andMotion to stay proceedings, [76] Cross-Motion to Compel Attendance at Depositions Opposition to [76] filed by Palm Beach Tan, Inc.. (Hawkins, Myall)
Feb 14, 2022 86 Reply (14)
Docket Text:Reply in support of [73] Motion for sanctions filed by Sunless, Inc.. (Chappelear, Stephen)
Feb 14, 2022 88 Reply (16)
Docket Text:Reply in support of [78] Motion to consolidate cases filed by Palm Beach Tan, Inc.. (Hawkins, Myall)
Feb 10, 2022 85 Main Document (3)
Docket Text:Reply in support of [72] Motion for leave to File Papers Under Seal filed by Sunless, Inc. (Attachments: # (1) Proposed Order). (Chappelear, Stephen)
Feb 10, 2022 85 Proposed Order (1)
Feb 7, 2022 81 Response (5)
Docket Text:Response to [72] Motion for leave to File Papers Under Seal, filed by Palm Beach Tan, Inc. (Hawkins, Myall)
Feb 7, 2022 82 Opposition (14)
Docket Text: WITHDRAWN Opposition to [78] Motion to consolidate cases filed by Sunless, Inc. (Chappelear, Stephen) Marked withdrawn on 6/13/2022 (M,CE).
Feb 7, 2022 84 Main Document (16)
Docket Text:Opposition to [74] SEALED Motion for Sanctions (Redacted), filed by Palm Beach Tan, Inc. (Attachments: # (1) Exhibit A - Summary of Palm Beach Tan Documents). (Hawkins, Myall)
Feb 7, 2022 84 Exhibit A - Summary of Palm Beach Tan Documents (2)
Feb 4, 2022 80 Main Document (7)
Docket Text:Reply in support of [63] Motion to compel document production filed by Sunless, Inc.. (Attachments: # (1) Exhibit 1 - Deposition Notices, # (2) Exhibit 2 - RFPs and interrogatories, # (3) Exhibit 3 - Email with the notice of intent to issue subpoenas)(Chappelear, Stephen)
Feb 4, 2022 80 Exhibit 1 - Deposition Notices (2)
Feb 4, 2022 80 Exhibit 2 - RFPs and interrogatories (2)
Feb 4, 2022 80 Exhibit 3 - Email with the notice of intent to issue subpoenas (2)
Feb 3, 2022 79 Letter (3)
Docket Text: Letter to Court in response to Plaintiff's letter to requesting status conference filed by Palm Beach Tan, Inc.. Related document(s)[77]. (Hawkins, Myall)
Feb 2, 2022 77 Main Document (2)
Docket Text: Letter Emergency Request to Schedule Status Conference filed by Sunless, Inc.. (Attachments: # (1) Schedule Outstanding Motion Schedule and Depositions Schedule)(Chappelear, Stephen)
Feb 2, 2022 77 Schedule Outstanding Motion Schedule and Depositions Schedule (1)
Feb 2, 2022 78 Main Document (5)
Docket Text:Motion to consolidate cases filed by Defendant Palm Beach Tan, Inc. (Attachments: # (1) Brief in Support). (Cary, Elizabeth)
Feb 2, 2022 78 Brief in Support (12)
Feb 1, 2022 76 Main Document (18)
Docket Text: WITHDRAWN per the Parties' Report, ECF [34], in 1:22cv90 (consolidated with this case).Opposition to [71] Motion for temporary protective order pursuant to Fed. R. Civ. P. 26 and Motion to stay proceedings And Cross-Motion to Compel Attendance at Depositions and to Bifurcate filed by Sunless, Inc. (Attachments: # (1) Exhibit 1 - PBT Counsel Email to New Sunshine, # (2) Exhibit 2 - New Sunshine Email to Sunless Counsel)(Chappelear, Stephen) Added Motion to Compel on 2/3/2022 (M,CE). Modified on 6/10/2022 (R,Sh).
Feb 1, 2022 76 Exhibit 1 - PBT Counsel Email to New Sunshine (2)
Feb 1, 2022 76 Exhibit 2 - New Sunshine Email to Sunless Counsel (4)
Jan 28, 2022 75 Opposition (11)
Docket Text:Opposition to [68] Motion to compel document production and response to interrogatories filed by Palm Beach Tan, Inc. (Hawkins, Myall)
Jan 24, 2022 72 Main Document (3)
Docket Text:Motion for leave to File Papers Under Seal filed by Plaintiff Sunless, Inc.. (Attachments: # (1) Proposed Order)(Chappelear, Stephen)
Jan 24, 2022 72 Proposed Order (1)
Jan 24, 2022 73 Main Document (14)
Docket Text:Motion for sanctions with memorandum in support filed by Plaintiff Sunless, Inc.. (Attachments: # (1) Exhibit Declaration of Stephen E. Chappelear, # (2) Proposed Order)(Chappelear, Stephen)
Jan 24, 2022 73 Exhibit Declaration of Stephen E. Chappelear (153)
Jan 24, 2022 73 Proposed Order (1)
Jan 21, 2022 71 Motion for protective order (17)
Docket Text: WITHDRAWN per the Parties' Report, ECF [34], in 1:22cv90 (consolidated with this case). Motion for temporary protective order pursuant to Fed. R. Civ. P. 26 and Motion to Stay Proceedings, with memorandum in support, filed by Defendant Palm Beach Tan, Inc. (Hawkins, Myall). AddedMotion to stay on 1/24/2022 (L,MI). Modified on 6/10/2022 (R,Sh).
Jan 17, 2022 69 Notice (2)
Docket Text: Notice of Substitution of Counsel of Zakariya K. Varshovi, is no longer with the firm, filed by Sunless, Inc. (Chappelear, Stephen)
Jan 17, 2022 70 Reply (6)
Docket Text:Reply in support of [66] Motion for protective order staying discovery with respect to Defendant Palm Beach Tan, Inc.'s Counterclaims filed by Sunless, Inc.. (Chappelear, Stephen)
Jan 14, 2022 68 Main Document (10)
Docket Text:Motion to compel document production and response to interrogatories, filed by Plaintiff Sunless, Inc. (Attachments: # (1) Exhibit 1 - Sunless Inc's Second Set of Request for production and Interrogatories, # (2) Exhibit 2 - Counsel Communication). (Prager, Eric)
Jan 14, 2022 68 Exhibit 1 Sunless Inc's Second Set of RFPs and Interrogatories (20)
Jan 14, 2022 68 Exhibit 2 Counsel Communication (5)
Jan 12, 2022 67 Opposition (12)
Docket Text:Opposition to [66] Motion for protective order staying discovery with respect to Defendant Palm Beach Tan, Inc.'s Counterclaims, filed by Palm Beach Tan, Inc. (Hawkins, Myall)
Dec 29, 2021 66 Motion for protective order (11)
Docket Text: WITHDRAWN per the Parties' Report, ECF [34], in 1:22cv90 (consolidated with this case). Motion for protective order staying discovery with respect to Defendant Palm Beach Tan, Inc.'s Counterclaims filed by Plaintiff Sunless, Inc. (Chappelear, Stephen) Modified on 6/10/2022 (R,Sh).
Nov 24, 2021 65 Reply (12)
Docket Text:Reply in support of [63] Motion to compel document production from Palm Beach Tan, Inc. filed by Sunless, Inc.. (Chappelear, Stephen)
Nov 17, 2021 64 Opposition (17)
Docket Text:Opposition to [63] Motion to compel discovery filed by Palm Beach Tan, Inc.. (Hawkins, Myall)
Nov 3, 2021 63 Main Document (19)
Docket Text:Motion to compel document production, filed by Plaintiff Sunless, Inc. (Attachments: # (1) Exhibit 1 - First Set of Requests for Production, # (2) Exhibit 2 - Objections and Responses to Sunless' First Request for Production of Documents, # (3) Exhibit 3 - Deficiency Letter, # (4) Exhibit 4 - Social Media Posts). (Chappelear, Stephen)
Nov 3, 2021 63 Exhibit Ex. 1 - Sunless First Set of Requests for Production to Palm Beach Tan, (19)
Nov 3, 2021 63 Exhibit Ex. 2 - Palm Beach Tan's Objections and Responses to Sunless' (98)
Nov 3, 2021 63 Exhibit Ex. 3 - Sunless' Deficiency Letter to Palm Beach Tan (4)
Nov 3, 2021 63 Exhibit Ex. 4 - Social Media Posts (4)
Oct 25, 2021 62 Order (1)
Docket Text:STATUS CONFERENCE ORDER: Counsel for the parties indicated that they have engaged in mediation ordered by the Circuit during the pendency of Plaintiff's appeal of the court's Order denying a preliminary injunction. They anticipate that if the Circuit allows oral argument, it will not occur until late January or February 2022. Though they were unsuccessful in their mediation attempt in the Circuit Court, they indicated that they would be willing to consider mediation with a private mediator upon the end of discovery. The court noted the parties' pending motions, and will rule on them in the near future. Signed by Judge Solomon Oliver, Jr. on 10/25/2021. (L,Ja)
Oct 5, 2021 N/A Remark by Finance (0)
Docket Text: Remark by Finance. Funds in the amount of $505.00 AOHNDC-10918241 refunded on 8/6/21. (W,L)
Sep 28, 2021 N/A Notice of Hearing or Conference (0)
Docket Text:IMPORTANT: Notice [non-document]. Due to a conflict with the court's schedule the Telephonic Status Conference is RESET for 10/18/2021 at 03:30 PM before Judge Solomon Oliver Jr. (R,Sh)
Sep 20, 2021 61 Notice (2)
Docket Text: Notice of Withdrawal of Co-Counsel Robert P. Davis, filed by Sunless, Inc. (Chappelear, Stephen)
Aug 9, 2021 N/A Remark by Finance (0)
Docket Text: Remark by Finance. Funds in the amount of $505.00 refunded on 8/9/21, AOHNDC-10918241. (W,L)
Jul 29, 2021 N/A Order on Motion to Appear Pro Hac (0)
Docket Text:Order [non-document] granting Defendants' Motion for appearance pro hac vice by attorneys Alison K. Eggers and Brandon L. Bigelow for American Tanning, Co., Ashley Lynn's Inc., or North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # [59], [60]). Judge Solomon Oliver, Jr. on 7/29/2021.(R,Sh)
Jul 28, 2021 59 Main Document (3)
Docket Text:Motion for attorney Brandon Bigelow to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10955985, filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan, Inc.. (Attachments: # (1) Exhibit Declaration of Brandon Bigelow)(Marsh, John)
Jul 28, 2021 59 Exhibit Declaration of Brandon Bigelow (2)
Jul 28, 2021 60 Main Document (3)
Docket Text:Motion for attorney Alison Eggers to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10956009, filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan, Inc.. (Attachments: # (1) Exhibit Declaration of Alison Eggers)(Marsh, John)
Jul 28, 2021 60 Exhibit Declaration of Alison Eggers (2)
Jul 14, 2021 58 Protective Order (13)
Docket Text:Stipulated Protective Order regarding confidential documents. Signed by Judge Solomon Oliver, Jr. on 7/14/2021. (R,Sh)
Jul 9, 2021 N/A Request to Clerk for Refund of Erroneous or Duplicate On-line Filing Fee Payment (0)
Docket Text: Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: duplicate filing fee paid. Receipt #: AOHNDC-10918241, filed by Sunless, Inc.. (Chappelear, Stephen)
Jul 9, 2021 57 Proposed Order (13)
Docket Text: Proposed Stipulated Protective Order filed by Sunless, Inc.. (Chappelear, Stephen)
Jul 8, 2021 N/A Acknowledgment from the USCA (0)
Docket Text: Acknowledgment from the USCA for Sixth Circuit of receipt of [56] Notice of Appeal (USCA# 21-3616). Date filed in USCA 7/7/21. (H,SP)
Jul 6, 2021 56 Notice of Appeal (2)
Docket Text:NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the [55] Order on Motion for preliminary injunction, filed by Sunless, Inc.. (Filing fee $505, receipt number AOHNDC-10918242) (Chappelear, Stephen)
Jun 30, 2021 55 Order on Motion for preliminary injunction (14)
Docket Text:Order denying Plaintiff's Motion for Preliminary Injunction (Related Doc # [9]). Signed by Judge Solomon Oliver, Jr. on 6/30/2021.(R,Sh)
Jun 17, 2021 N/A Order (0)
Docket Text:Order [non-document] regarding Counsels' [53] Letter Inquiring as to Oral Argument on the Preliminary Injunction Motion. The court has determined that no hearing is needed. Judge Solomon Oliver, Jr. on 6/17/2021. (R,Sh)
Jun 15, 2021 54 Reply (26)
Docket Text:Reply in support of [43] Motion to dismiss Palm Beach Tan, Inc.'s Counterclaims with Prejudice filed by Sunless, Inc. (Chappelear, Stephen)
Jun 14, 2021 53 Letter (1)
Docket Text: Letter inquiry regarding oral argument on preliminary injunction motion filed by Sunless, Inc.. (Chappelear, Stephen)
Jun 2, 2021 52 Minute Order _ Case Management Conference. (2)
Docket Text:Minute Order of Case Management Conference held on 05/28/2021. Case is assigned to the complex track. Parties to be Joined and Pleading Amendments due by 6/28/2021. The cut-off date for fact discovery is March 3, 2022. The cut-off date for expert reports by the party with the burden of proof is April 7, 2022. The cut-off date for rebuttal expert reports is May 12, 2022. The cut-off date for expert witness depositions is June 16, 2022. Dispositive Motions due by 7/28/2022. A Status Conference is set for 10/22/2021 at 10:00 AM to be held telephonically before Judge Solomon Oliver Jr. Signed by Judge Solomon Oliver, Jr. on 06/02/2021. Time: 30 minutes (M,MT)
Jun 1, 2021 51 Opposition (27)
Docket Text:Opposition to [43] Motion to dismiss Palm Beach Tan, Inc.'s Counterclaims with Prejudice filed by Palm Beach Tan, Inc.. (Cary, Elizabeth)
May 26, 2021 50 Order (1)
Docket Text:Order regarding Plaintiff's [9] Motion for preliminary injunction and subsequent [46] Letter. Given the parties' filings, the court is confident that the Motion can be resolved on the papers. However, if the parties are inclined to discuss the Motion during the Conference, the court will allow them a very brief opportunity to do so. Signed by Judge Solomon Oliver, Jr. on 5/26/2021. (R,Sh)
May 25, 2021 49 Report of Parties' Planning Meeting (4)
Docket Text: Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Sunless, Inc. (Chappelear, Stephen) .
May 24, 2021 48 Reply (17)
Docket Text:Reply in support of [22] Motion to dismiss for lack of jurisdiction Pursuant To Fed. R. Civ. P 12(B)(2) And Forum Non Conveniens, with Memorandum in Support attached filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc. (Cary, Elizabeth)
May 20, 2021 47 Response (8)
Docket Text: Reply in Support of Motion for Judicial Notice, filed by Sunless, Inc. Related document(s)[41]. (Chappelear, Stephen)
May 18, 2021 46 Letter (1)
Docket Text: Letter re: Case Management Conference scheduled for 5/28/2021, filed by Sunless, Inc. (Chappelear, Stephen)
May 13, 2021 45 Opposition (8)
Docket Text:Opposition to [41] Motion for judicial notice filed by Palm Beach Tan, Inc. (Cary, Elizabeth) Modified filer on 5/14/2021 (S,He).
May 10, 2021 44 Main Document (25)
Docket Text:Opposition to [22] Motion to dismiss for lack of jurisdiction Pursuant To Fed. R. Civ. P 12(B)(2) And Forum Non Conveniens, filed by Sunless, Inc.. (Attachments: # (1) Pleading Declaration of Susan Cooperman in Support, # (2) Exhibit A - Franchisees' Store Locations) (Chappelear, Stephen)
May 10, 2021 44 Declaration of Susan Cooperman in Support (5)
May 10, 2021 44 Exhibit A - Franchisees' Store Locations (70)
May 4, 2021 N/A Order on Motion to Appear Pro Hac (0)
Docket Text:Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Maria R. Sinatra for Sunless, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # [40]). Judge Solomon Oliver, Jr. on 5/4/2021.(R,Sh)
Apr 29, 2021 40 Main Document (2)
Docket Text:Motion for attorney Maria R. Sinatra to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10806816, filed by Plaintiff Sunless, Inc. (Attachments: # (1) Declaration of Maria R. Sinatra, # (2) Proposed Order)(Chappelear, Stephen)
Apr 29, 2021 40 Declaration of Maria R. Sinatra (2)
Apr 29, 2021 40 Proposed Order (1)
Apr 29, 2021 41 Main Document (6)
Docket Text:Motion for judicial notice with memorandum in support attached, filed by Plaintiff Sunless, Inc. (Attachments: # (1) Declaration of Maria R. Sinatara in support of Motion for Judicial Notice, # (2) Proposed Order). (Chappelear, Stephen)
Apr 29, 2021 41 Affidavit Declaration of Maria R. Sinatara in support of Motion for Judicial Not (600)
Apr 29, 2021 41 Proposed Order (1)
Apr 29, 2021 42 Main Document (20)
Docket Text:Reply in support of [9] Motion for preliminary injunction filed by Sunless, Inc. (Attachments: # (1) Declaration of Steven Cooper, # (2) Declaration of Susan Copperman)(Chappelear, Stephen)
Apr 29, 2021 42 Affidavit Declaration of Steven Cooper (3)
Apr 29, 2021 42 Affidavit Declaration of Susan Copperman (8)
Apr 29, 2021 43 Main Document (28)
Docket Text:Motion to dismiss Palm Beach Tan, Inc.'s Counterclaims with Prejudice, filed by Plaintiff Sunless, Inc. Related document(s)[23]. (Attachments: # (1) Proposed Order)(Chappelear, Stephen)
Apr 29, 2021 43 Proposed Order (1)
Apr 28, 2021 N/A Order on Motion to Appear Pro Hac (0)
Docket Text:Order [non-document] granting Plaintiff's Motions for appearance pro hac vice by attorney Leonard L. Gordon, Robert P. Davis, and Zakariya K. Varshovi for Sunless, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # [37], [38], [39]). Approved by Judge Solomon Oliver, Jr. on 4/28/2021.(R,Sh)
Apr 27, 2021 37 Main Document (2)
Docket Text:Motion for attorney Leonard L. Gordon to Appear Pro Hac Vice. Filing fee $ 120, receipt number 10800811, filed by Plaintiff Sunless, Inc. (Attachments: # (1) Declaration of Leonard L. Gordon, # (2) Proposed Order)(Chappelear, Stephen)
Apr 27, 2021 37 Pleading Declaration of Leonard L. Gordon (2)
Apr 27, 2021 37 Proposed Order (1)
Apr 27, 2021 38 Main Document (2)
Docket Text:Motion for attorney Robert P. Davis to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10800848, filed by Plaintiff Sunless, Inc. (Attachments: # (1) Declaration of Robert P. Davis, # (2) Proposed Order)(Chappelear, Stephen)
Apr 27, 2021 38 Pleading Declaration of Robert P. Davis (2)
Apr 27, 2021 38 Proposed Order (1)
Apr 27, 2021 39 Main Document (2)
Docket Text:Motion for attorney Zakariya K. Varshovi to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10800863, filed by Plaintiff Sunless, Inc. (Attachments: # (1) Declaration of Zakariya K. Varshovi, # (2) Proposed Order)(Chappelear, Stephen)
Apr 27, 2021 39 Pleading Declaration of Zakariya K. Varshovi (2)
Apr 27, 2021 39 Proposed Order (1)
Apr 23, 2021 35 Case Management Conference Scheduling Order (7)
Docket Text:Case Management Conference Scheduling Order with case management conference to be held on 5/28/2021 at 10:30 AM telephonically before Judge Solomon Oliver Jr. Dial-in information will be sent by separate e-mail. Signed by Judge Solomon Oliver, Jr. on 4/23/2021. (R,Sh)
Apr 23, 2021 36 Notice of Magistrate Consent form (6)
Docket Text: Magistrate Consent Package issued. (R,Sh)
Apr 22, 2021 34 Main Document (17)
Docket Text:Opposition to [9] Motion for preliminary injunction , [8] Motion for preliminary injunction filed by All Defendants. (Attachments: # (1) Declaration of Diane Lucas, # (2) Declaration of Martin Sperry, # (3) Declaration of Mandy Henrikson, # (4) Declaration of Lisa Meyerhoff). (Cary, Elizabeth)
Apr 22, 2021 34 Affidavit Declaration of Diane Lucas (24)
Apr 22, 2021 34 Affidavit Declaration of Martin Sperry (4)
Apr 22, 2021 34 Affidavit Declaration of Mandy Henrikson (7)
Apr 22, 2021 34 Affidavit Declaration of Lisa Meyerhoff (4)
Apr 16, 2021 N/A Order on Motion to Appear Pro Hac (0)
Docket Text:Order [non-document] granting Defendants' Motion for appearance pro hac vice by attorneys Lisa H. Meyerhoff, and Myall S. Hawkins for American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan, Inc., Palm Beach Tan, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # [30], [31]). Judge Solomon Oliver, Jr. on 4/16/2021.(R,Sh)
Apr 15, 2021 33 Order on Motion for extension of time to file response/reply to motion (6)
Docket Text:Order [non-document] granting Defendant's [20] Motion for extension of time until 4/22/2021 to file response/reply to Plaintiff's Motion for preliminary injunction. Related documents [8], [9]. Signed by Judge Solomon Oliver, Jr. on 4/15/2021.(R,Sh) Modified on 4/15/2021 (R,Sh).
Apr 14, 2021 N/A Financial Transaction _ PHV (0)
Docket Text: Financial Transaction in the amount of $240.00 received for motions to appear pro hac vice by attorney Myall S. Hawkins, and Lisa H. Meyerhoff, Receipt # 54660007942. Related document(s)[31], [30]. (T,Je)
Apr 12, 2021 32 Return of Service Executed (1)
Docket Text: Return of Service by Clerk by certified mail executed upon Pacific Beach Tan, Inc. on 4/5/2021, filed on behalf of Sunless, Inc. Related document(s)[10]. (M,TL)
Apr 9, 2021 24 Corporate Disclosure Statement (2)
Docket Text: Corporate Disclosure Statement filed by Palm Beach Tan, Inc. (Cary, Elizabeth)
Apr 9, 2021 25 Corporate Disclosure Statement (2)
Docket Text: Corporate Disclosure Statement filed by American Tanning, Co. (Cary, Elizabeth)
Apr 9, 2021 26 Corporate Disclosure Statement (2)
Docket Text: Corporate Disclosure Statement filed by Ashley Lynn's Inc. (Cary, Elizabeth)
Apr 9, 2021 27 Corporate Disclosure Statement (2)
Docket Text: Corporate Disclosure Statement filed by North Central Tan, LLC. (Cary, Elizabeth)
Apr 9, 2021 28 Corporate Disclosure Statement (2)
Docket Text: Corporate Disclosure Statement filed by Old Trinity Partners, LLC. (Cary, Elizabeth)
Apr 9, 2021 29 Corporate Disclosure Statement (2)
Docket Text: Corporate Disclosure Statement filed by Pacific Beach Tan, Inc. (Cary, Elizabeth)
Apr 9, 2021 30 Main Document (3)
Docket Text:Motion for attorney Myall S. Hawkins to Appear Pro Hac Vice. Filing fee $ 120 not paid, filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan, Inc. (Attachments: # (1) Declaration of Myall Hawkins)(Cary, Elizabeth) Modified text on 4/12/2021 (M,TL).
Apr 9, 2021 30 Declaration of Myall Hawkins (2)
Apr 9, 2021 31 Main Document (3)
Docket Text:Motion for attorney Lisa H. Meyerhoff to Appear Pro Hac Vice. Filing fee $ 120 not paid filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan, Inc.. (Attachments: # (1) Declaration of Lisa Meyerhoff)(Cary, Elizabeth) Modified text on 4/12/2021 (M,TL).
Apr 9, 2021 31 Declaration of Lisa Meyerhoff (2)
Apr 8, 2021 21 Main Document (10)
Docket Text:Opposition to [20] Motion for extension of time until 4/29/2021 to file response/reply to [9] Motion for preliminary injunction , [8] Motion for preliminary injunction filed by Sunless, Inc.. (Attachments: # (1) Declaration of Stephen Chappelear)(Chappelear, Stephen)
Apr 8, 2021 21 Declaration of Stephen Chappelear (3)
Apr 8, 2021 22 Main Document (28)
Docket Text:Motion to dismiss for lack of jurisdiction Pursuant To Fed. R. Civ. P 12(B)(2) And Forum Non Conveniens, with Memorandum in Support, filed by American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc. Related document(s)[1]. (Attachments: # (1) Declaration of Scott Singh, # (2) Declaration of Heather Almond, # (3) Declaration of Grant Seeger, # (4) Declaration of Blake Costello and Mandy Henrikson, # (5) Declaration of Mandy Henrikson) (Cary, Elizabeth).
Apr 8, 2021 22 Declaration of Scott Singh (3)
Apr 8, 2021 22 Declaration of Heather Almond (3)
Apr 8, 2021 22 Declaration of Grant Seeger (3)
Apr 8, 2021 22 Declaration of Blake Costello and Mandy Henrikson (3)
Apr 8, 2021 22 Declaration of Mandy Henrikson (3)
Apr 8, 2021 23 Answer to Complaint (30)
Docket Text:Answer to [1] Complaint with Jury Demand , Counterclaim against Sunless, Inc. filed by Palm Beach Tan, Inc. (Cary, Elizabeth)
Apr 6, 2021 19 Return of Service Unexecuted (2)
Docket Text: Return of Service by Clerk unexecuted upon American Tanning, Co.. Service attempted by certified on 3/18/2021, 3/23/2021 and 4/2/2021 (marked return to sender, not deliverable as addressed) filed on behalf of All Plaintiff. (Related document [10]) (O,K)
Apr 6, 2021 20 Main Document (5)
Docket Text:Motion for extension of time until 4/29/2021 to file response/reply to [9] Motion for preliminary injunction , [8] Motion for preliminary injunction filed by Defendant Palm Beach Tan, Inc.. Related document(s)[9], [8]. (Attachments: # (1) Exhibit A- Email from Sunless Tan, # (2) Exhibit B- Email re Extension Request, # (3) Proposed Order Granting Extension & Briefing Schedule)(Cary, Elizabeth)
Apr 6, 2021 20 Exhibit A- Email from Sunless Tan (2)
Apr 6, 2021 20 Exhibit B- Email re Extension Request (4)
Apr 6, 2021 20 Proposed Order Granting Extension & Briefing Schedule (1)
Apr 2, 2021 N/A Order on Motion to Appear Pro Hac (0)
Docket Text:Order [non-document] granting Motion for appearance pro hac vice by attorney Gianna E. Cricco-Lizza for Sunless, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # [15]). Judge Solomon Oliver, Jr. on 4/2/2021.(R,Sh)
Apr 2, 2021 17 Reply (4)
Docket Text:Reply in support of [8] Motion for preliminary injunction , [9] Motion for preliminary injunction filed by Sunless, Inc. (Chappelear, Stephen)
Apr 2, 2021 18 Affidavit/Declaration (4)
Docket Text: Declaration of Stephen E. Chappelear in Support of Motion for Preliminary Injunction, filed by Sunless, Inc. Related document(s)[17], [8], [9]. (Chappelear, Stephen)
Mar 30, 2021 15 Main Document (2)
Docket Text:Motion for attorney Gianna E. Cricco-Lizza to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10750044, filed by Plaintiff Sunless, Inc.. (Attachments: # (1) Affidavit Declaration of Gianna E. Cricco-Lizza, # (2) Proposed Order)(Chappelear, Stephen)
Mar 30, 2021 15 Affidavit Declaration of Gianna E. Cricco-Lizza (2)
Mar 30, 2021 15 Proposed Order (1)
Mar 30, 2021 16 Return of Service Executed (2)
Docket Text: Return of Service by Clerk by certified mail executed upon North Central Tan, LLC (marked CO19) on 3/22/2021, filed on behalf of All Plaintiffs. (Related document [10]). (O,K)
Mar 23, 2021 14 Return of Service Executed (2)
Docket Text: Return of Service by Clerk by certified mail executed upon Ashley Lynn's Inc. on 3/18/2021, (marked c-19) filed on behalf of Sunless, Inc. Related document(s)[10]. (T,Je)
Mar 22, 2021 N/A Order on Motion to Appear Pro Hac (0)
Docket Text: Order [non-document] granting Plaintiff's Motions for appearance pro hac vice by attorneys Marcella Ballard,Frank M. Gasparo for Sunless, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Docs # [12], [13]). Judge Solomon Oliver, Jr. on 3/22/2021.(R,Sh)
Mar 18, 2021 12 Main Document (2)
Docket Text:Motion for attorney Frank M. Gasparo to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10726825, filed by Plaintiff Sunless, Inc.. (Attachments: # (1) Affidavit, # (2) Proposed Order)(Chappelear, Stephen)
Mar 18, 2021 12 Affidavit (2)
Mar 18, 2021 12 Proposed Order (1)
Mar 18, 2021 13 Main Document (2)
Docket Text:Motion for attorney Marcella Ballard to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10726969, filed by Plaintiff Sunless, Inc.. (Attachments: # (1) Affidavit, # (2) Proposed Order)(Chappelear, Stephen)
Mar 18, 2021 13 Affidavit (2)
Mar 18, 2021 13 Proposed Order (1)
Mar 12, 2021 N/A Service by Clerk (0)
Docket Text: Service by Clerk. Summons and Complaint addressed to American Tanning, Co. (receipt #9590 9402 3697 7335 9638 18), Ashley Lynn's Inc. (receipt #9590 9402 3697 7335 9637 95), North Central Tan, LLC (receipt #9590 9402 3697 7335 9637 88), Old Trinity Partners, LLC (receipt #9590 9402 3697 7335 9637 71), Pacific Beach Tan, Inc. (receipt #9590 9402 3697 7335 9637 64), Palm Beach Tan, Inc. (receipt #9590 9402 3697 7335 9638 01) placed in U.S. Mail. Type of service: certified mail. (M,TL)
Mar 11, 2021 10 Summons Issued (12)
Docket Text: Original Summons issued for service upon American Tanning, Co., Ashley Lynn's Inc., North Central Tan, LLC, Old Trinity Partners, LLC, Pacific Beach Tan, Inc., Palm Beach Tan, Inc. (M,TL)
Mar 11, 2021 11 Supplement (2)
Docket Text: Supplemental Certificate of Service, filed by Sunless, Inc. Related document(s)[9]. (Chappelear, Stephen)
Mar 10, 2021 8 Motion for preliminary injunction (4)
Docket Text:Motion for preliminary injunction filed by Plaintiff Sunless, Inc. (Chappelear, Stephen)
Mar 10, 2021 9 Main Document (4)
Docket Text:Motion for preliminary injunction filed by Plaintiff Sunless, Inc. Related document(s)[8]. (Attachments: # (1) Memorandum of Law in Support, # (2) Proposed Order, # (3) Declaration of Cooper, # (4) Declaration of Cooperman)(Chappelear, Stephen)
Mar 10, 2021 9 Plainitff's Memorandum of Law in Support of Motion for Preliminary Injunct (19)
Mar 10, 2021 9 Proposed Order (3)
Mar 10, 2021 9 Declaration of Cooper (13)
Mar 10, 2021 9 Declaration of Cooperman (14)
Mar 9, 2021 6 Main Document (1)
Docket Text: Praecipe for issuance of Original Summons filed by Sunless, Inc. (Attachments: # (1) Summons for each Defendant)(Chappelear, Stephen)
Mar 9, 2021 6 Summons Summons for each Defendant (12)
Mar 9, 2021 7 Supplement (3)
Docket Text: Supplement to Complaint - Exhibit L to Complaint, filed by Sunless, Inc. Related document(s)[1]. (Chappelear, Stephen)
Feb 25, 2021 N/A Order on Motion to Appear Pro Hac (0)
Docket Text:Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Eric A. Prager for Sunless, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # [5]). Approved by Judge Solomon Oliver, Jr. on 2/25/2021.(R,Sh)
Feb 24, 2021 5 Main Document (2)
Docket Text:Motion for attorney Eric A. Prager to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10671353, filed by Plaintiff Sunless, Inc.. (Attachments: # (1) Declaration, # (2) Proposed Order)(Chappelear, Stephen)
Feb 24, 2021 5 Declaration (2)
Feb 24, 2021 5 Proposed Order (1)
Feb 23, 2021 4 Report Regarding Patent or Trademark Action - AO120 (1)
Docket Text: Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Sunless, Inc.. (Chappelear, Stephen)
Feb 1, 2021 N/A Utility Event (0)
Docket Text: Judge Solomon Oliver, Jr. assigned to case. (O,K)
Feb 1, 2021 N/A Random Assignment of Magistrate Judge (0)
Docket Text: Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (O,K)
Feb 1, 2021 N/A Link to Local Patent Rules (0)
Docket Text: FILING ERROR - This action has been identified as a Patent Case that is subject to the Local Patent Rules. Link to Local Patent Rules. (O,K) Modified to note filed in error on 4/21/2021 (O,K).
Feb 1, 2021 N/A Request to Clerk for Refund of Erroneous or Duplicate On-line Filing Fee Payment (0)
Docket Text: Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: duplicate filing fee paid. Receipt #: AOHNDC-10610494, filed by Sunless, Inc.. Related document(s)[1]. (Chappelear, Stephen)
Feb 1, 2021 3 Magistrate Consent Form Issued (2)
Docket Text: Magistrate Consent Form issued. No summons provided, no summons issued. (O,K)
Jan 29, 2021 1 Main Document (34)
Docket Text:Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-10610530. Filed by Sunless, Inc.. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit A - USPTO record for word mark Mystic Tan, U.S. Trademark Registration No. 2,863,411, # (3) Exhibit B - USPTO record for word mark Mystic Tan, U.S. Trademark Registration No. 2,758,671, # (4) Exhibit C - USPTO record for word mark Mystic Tan, U.S. Trademark Registration No. 2,781,608, # (5) Exhibit D - USPTO record for word mark Mystic Tan, U.S. Trademark Registration No. 3,608,337, # (6) Exhibit E - USPTO record for word mark Mystic Tan Kyss, U.S. Trademark Registration No. 5,367,589, # (7) Exhibit F - USPTO record for design mark M Mystic, U.S. Trademark Registration No. 3,564,601, # (8) Exhibit G - USPTO record for design mark M, U.S. Trademark Registration No. 3,554,083, # (9) Exhibit H - USPTO record for design mark M, U.S. Trademark Registration No. 3,564,600, # (10) Exhibit I - USPTO record for design mark M, U.S. Trademark Registration No. 3,768,816, # (11) Exhibit J - Form agreement for MT Booths, # (12) Exhibit K - 4S Program data sheet) (Chappelear, Stephen)
Jan 29, 2021 1 Civil Cover Sheet (2)
Jan 29, 2021 1 Exhibit A - USPTO record for word mark Mystic Tan, U.S. Trademark Registrati (3)
Jan 29, 2021 1 Exhibit B - USPTO record for word mark Mystic Tan, U.S. Trademark Registrati (3)
Jan 29, 2021 1 Exhibit C - USPTO record for word mark Mystic Tan, U.S. Trademark Registrati (3)
Jan 29, 2021 1 Exhibit D - USPTO record for word mark Mystic Tan, U.S. Trademark Registrati (3)
Jan 29, 2021 1 Exhibit E - USPTO record for word mark Mystic Tan Kyss, U.S. Trademark Regis (2)
Jan 29, 2021 1 Exhibit F - USPTO record for design mark M Mystic, U.S. Trademark Registrat (3)
Jan 29, 2021 1 Exhibit G - USPTO record for design mark M, U.S. Trademark Registration No. (3)
Jan 29, 2021 1 Exhibit H - USPTO record for design mark M, U.S. Trademark Registration No. (3)
Jan 29, 2021 1 Exhibit I - USPTO record for design mark M, U.S. Trademark Registration No. (3)
Jan 29, 2021 1 Exhibit J - Form agreement for MT Booths (3)
Jan 29, 2021 1 Exhibit K - 4S Program data sheet (1)
Jan 29, 2021 2 Corporate Disclosure Statement (2)
Docket Text: Corporate Disclosure Statement identifying Corporate Parent Sunless Intermediate Holding Company, Corporate Parent Sunless Holding Company, Corporate Parent SHC Acquisition, LLC for Sunless, Inc. filed by Sunless, Inc.. (Chappelear, Stephen)
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