Case number 1:18-cv-03633
Supplement Center, LLC et al v. Evol Nutrition Associates, Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 13, 2021 | N/A | Terminated Case (0) Docket Text: Civil Case Terminated. (aaq) |
| May 13, 2021 | 102 | Consent Judgment (4) Docket Text: STIPULATION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION: This Order will be entered under Federal Rule of Civil Procedure 65 and will constitute the final judgment in this matter. All parties waive the right to appeal from this judgment. The parties will bear their respective costs, including any attorneys fees or other expenses of this litigation. This Court has personal and subject matter jurisdiction over all parties in this matter to address any issues arising out of the Settlement Agreement Release and this Order. (See order for other specifics.) This is a final order, and the Clerk is directed to close the file. Signed by Judge Steven D. Grimberg on 05/13/21. (aaq) |
| May 13, 2021 | 103 | A.O. Form 120 (1) Docket Text: AO Form 120 forwarded to Commissioner. (aaq) |
| May 11, 2021 | 101 | Stipulation (5) Docket Text: STIPULATION for Entry of Consent Judgment and Permanent Injunction Order by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC. (Ichter, Cary) |
| Apr 27, 2021 | 100 | Leave of Absence (2) Docket Text: Application for Leave of Absence for the following date(s): 07/16/21, 07/19/21, 07/20/21, 07/21/21, 07/22/21, 07/23/21, by Cary Ichter. (Ichter, Cary) |
| Mar 31, 2021 | 98 | Certificate of Service (3) Docket Text: CERTIFICATE OF SERVICE of Discovery Materials by M&N Distributing LLC.(Ichter, Cary) |
| Mar 31, 2021 | 99 | Certificate of Service (3) Docket Text: CERTIFICATE OF SERVICE of Discovery Materials by Supplement Center, LLC.(Ichter, Cary) |
| Mar 18, 2021 | 97 | Order on Motion for Extension of Time to Complete Discovery (1) Docket Text: CONSENT ORDER granting [96] Motion for Extension of Time to Complete Discovery. Discovery continues through May 31, 2021, and depositions are hereby stayed until and through April 29, 2021. All corresponding deadlines are likewise extended. Signed by Judge Steven D. Grimberg on 03/17/2021. (bdb) |
| Mar 16, 2021 | 94 | Main Document (3) Docket Text: Amended NOTICE to Take Deposition of Supplement Center, LLC filed by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani (Attachments: # (1) Exhibit A - Topics, # (2) Exhibit B - Documents)(Bellus, John) |
| Mar 16, 2021 | 94 | Exhibit A - Topics (12) |
| Mar 16, 2021 | 94 | Exhibit B - Documents (10) |
| Mar 16, 2021 | 95 | Main Document (3) Docket Text: Amended NOTICE to Take Deposition of M&N Distributing, LLC filed by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani (Attachments: # (1) Exhibit A - Topics, # (2) Exhibit B - Documents)(Bellus, John) |
| Mar 16, 2021 | 95 | Exhibit A - Topics (12) |
| Mar 16, 2021 | 95 | Exhibit B - Documents (10) |
| Mar 16, 2021 | 96 | Main Document (5) Docket Text: Joint MOTION for Extension of Time to Complete Discovery Pending Mediation with Brief In Support by Kenneth Affolter, Kenneth Affolter, M&N Distributing LLC, M&N Distributing LLC, Supplement Center, LLC, Supplement Center, LLC. (Attachments: # (1) Exhibit Proposed Order)(Ichter, Cary) |
| Mar 16, 2021 | 96 | Exhibit Proposed Order (2) |
| Mar 12, 2021 | 92 | Main Document (5) Docket Text: Amended NOTICE to Take Deposition of Evol Nutrition Associates, Inc. filed by Kenneth Affolter, Kenneth Affolter, Supplement Center, LLC, Supplement Center, LLC (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Ichter, Cary) |
| Mar 12, 2021 | 92 | Exhibit A (2) |
| Mar 12, 2021 | 92 | Exhibit B (5) |
| Mar 12, 2021 | 93 | Main Document (5) Docket Text: Amended NOTICE to Take Deposition of Annbiz, LLC filed by Kenneth Affolter, Kenneth Affolter, Supplement Center, LLC, Supplement Center, LLC (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Ichter, Cary) |
| Mar 12, 2021 | 93 | Exhibit A (1) |
| Mar 12, 2021 | 93 | Exhibit B (4) |
| Mar 10, 2021 | 91 | Notice (Other) (6) Docket Text: ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI) |
| Mar 1, 2021 | 87 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Defendant Evol Nutrition Associates, Inc.'s Third Continuing Interrogatories to Plaintiff M&N Distributing, LLC by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani.(Bellus, John) |
| Mar 1, 2021 | 88 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Defendant Evol Nutrition Associates, Inc.'s Third Continuing Interrogatories to Plaintiff Supplement Center, LLC by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani.(Bellus, John) |
| Mar 1, 2021 | 89 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Defendant Evol Nutrition Associates, Inc.'s Third Requests for Production of Documents to Plaintiff M&N Distributing, LLC by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani.(Bellus, John) |
| Mar 1, 2021 | 90 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Defendant Evol Nutrition Associates, Inc.'s Third Requests for Production of Documents to Plaintiff Supplement Center, LLC by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani.(Bellus, John) |
| Feb 15, 2021 | 86 | Leave of Absence (2) Docket Text: Notice for Leave of Absence for the following date(s): March 17-24, 2021, by Cary Ichter. (Ichter, Cary) |
| Feb 12, 2021 | 85 | Order on Motion for Extension of Time to Complete Discovery (1) Docket Text: CONSENT ORDER granting [84] Joint Motion for Extension of Time to Complete Discovery. IT IS HEREBY ORDERED that the Parties in the above-captioned matter have until and through March 31, 2021, to complete all discovery in the matter, including any and all discovery requests to non-parties, and all depositions. All corresponding deadlines are likewise extended. Signed by Judge Steven D. Grimberg on 02/12/2021. (bdb) |
| Feb 10, 2021 | 84 | Main Document (5) Docket Text: Joint MOTION for Extension of Time to Complete Discovery by Kenneth Affolter, Kenneth Affolter, M&N Distributing LLC, M&N Distributing LLC, Supplement Center, LLC, Supplement Center, LLC. (Attachments: # (1) Text of Proposed Order Proposed Order)(Ichter, Cary) |
| Feb 10, 2021 | 84 | Text of Proposed Order Proposed Order (2) |
| Jan 29, 2021 | 80 | Notice to Take Deposition (3) Docket Text: Amended NOTICE to Take Deposition of Greg Meares filed by Kenneth Affolter, Kenneth Affolter, M&N Distributing LLC, M&N Distributing LLC, Supplement Center, LLC, Supplement Center, LLC (Ichter, Cary) |
| Jan 29, 2021 | 81 | Notice to Take Deposition (3) Docket Text: Amended NOTICE to Take Deposition of Greg Sazera filed by Kenneth Affolter, Kenneth Affolter, M&N Distributing LLC, M&N Distributing LLC, Supplement Center, LLC, Supplement Center, LLC (Ichter, Cary) |
| Jan 29, 2021 | 82 | Main Document (3) Docket Text: NOTICE by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC Amended Subpoena (Greg Meares) (Attachments: # (1) Exhibit Subpoena (Amended Date))(Ichter, Cary) |
| Jan 29, 2021 | 82 | Exhibit Subpoena (Amended Date) (3) |
| Jan 29, 2021 | 83 | Main Document (3) Docket Text: NOTICE by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC Amended Subpoena (Greg Sazera) (Attachments: # (1) Exhibit Amended Subpoena)(Ichter, Cary) |
| Jan 29, 2021 | 83 | Exhibit Amended Subpoena (3) |
| Jan 28, 2021 | 73 | Notice (Other) (5) Docket Text: TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI) |
| Jan 28, 2021 | 74 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Greg Sazera filed by Kenneth Affolter, Kenneth Affolter, M&N Distributing LLC, M&N Distributing LLC, Supplement Center, LLC, Supplement Center, LLC (Ichter, Cary) |
| Jan 28, 2021 | 75 | Main Document (3) Docket Text: NOTICE by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC of Intent to Serve Subpoena (Attachments: # (1) Exhibit Subpoena Duces Tecum)(Ichter, Cary) |
| Jan 28, 2021 | 75 | Exhibit Subpoena Duces Tecum (7) |
| Jan 28, 2021 | 76 | Main Document (3) Docket Text: NOTICE by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC of Intent to Serve Subpoena (Attachments: # (1) Exhibit Subpoena)(Ichter, Cary) |
| Jan 28, 2021 | 76 | Exhibit Subpoena (3) |
| Jan 28, 2021 | 77 | Main Document (3) Docket Text: NOTICE by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC of Intent to Serve Subpoena (Attachments: # (1) Exhibit Subpoena)(Ichter, Cary) |
| Jan 28, 2021 | 77 | Exhibit Subpoena (7) |
| Jan 28, 2021 | 78 | Main Document (3) Docket Text: NOTICE by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC of Intent to Serve Subpoena (Attachments: # (1) Exhibit Subpoena)(Ichter, Cary) |
| Jan 28, 2021 | 78 | Exhibit Subpoena (3) |
| Jan 28, 2021 | 79 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Greg Meares filed by Kenneth Affolter, Kenneth Affolter, M&N Distributing LLC, M&N Distributing LLC, Supplement Center, LLC, Supplement Center, LLC (Ichter, Cary) |
| Jan 22, 2021 | 72 | Certificate of Service (3) Docket Text: CERTIFICATE OF SERVICE by Supplement Center, LLC.(Ichter, Cary) |
| Jan 20, 2021 | 71 | Stipulation (3) Docket Text: STIPULATION Extending Time to Respond to Discovery by Supplement Center, LLC. (Ichter, Cary) |
| Jan 13, 2021 | 70 | Certificate of Service (3) Docket Text: CERTIFICATE OF SERVICE of Discovery by M&N Distributing LLC.(Ichter, Cary) |
| Jan 11, 2021 | 69 | Leave of Absence (1) Docket Text: Notice for Leave of Absence for the following date(s): 2/12/21 - 2/22/21, 3/18/21 - 3/23/21, by John Edward Bellus, Jr. (Bellus, John) |
| Jan 7, 2021 | N/A | Order (0) Docket Text: ORDER. Plaintiff's unopposed oral motion to continue the discovery period for 30 days is GRANTED. The discovery period in this matter is extended through and including February 17, 2021. All corresponding deadlines likewise extended. Ordered by Judge Steven D. Grimberg on January 7, 2021. (ash) |
| Jan 5, 2021 | 67 | Main Document (5) Docket Text: NOTICE to Take Deposition of Evol Nutrition Associates, Inc. filed by Supplement Center, LLC, Supplement Center, LLC (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B)(Ichter, Cary) |
| Jan 5, 2021 | 67 | Exhibit Exhibit A (2) |
| Jan 5, 2021 | 67 | Exhibit Exhibit B (5) |
| Jan 5, 2021 | 68 | Main Document (5) Docket Text: NOTICE to Take Deposition of Annbiz, LLC filed by Supplement Center, LLC, Supplement Center, LLC (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B)(Ichter, Cary) |
| Jan 5, 2021 | 68 | Exhibit Exhibit A (2) |
| Jan 5, 2021 | 68 | Exhibit Exhibit B (4) |
| Jan 4, 2021 | 66 | Notice of Substitution of Counsel (3) Docket Text: Certification of Consent to Substitution of Counsel. Cary Ichter replacing attorney Robert M. Ward. (Ichter, Cary) |
| Jan 1, 2021 | 64 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Notice of Deposition of M&N Distributing, LLC's Corporate Representative Pursuant to F.R.C.P. 30(b)(6) by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani.(Bellus, John) |
| Jan 1, 2021 | 65 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Notice of Deposition of Supplement Center, LLC's Corporate Representative Pursuant to F.R.C.P. 30(b)(6) by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani.(Bellus, John) |
| Dec 24, 2020 | 61 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE for Defendants' Responses to Plaintiffs' First Set of Interrogatories by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani.(Bellus, John) |
| Dec 24, 2020 | 62 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE for Defendants' Responses to Plaintiffs' First Set of Requests for Production of Documents and Tangible Things by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani.(Bellus, John) |
| Dec 24, 2020 | 63 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE for Defendants' Responses to Plaintiffs' First Set of Requests for Admissions by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani.(Bellus, John) |
| Dec 23, 2020 | 60 | Notice of Substitution of Counsel (3) Docket Text: Certification of Consent to Substitution of Counsel. Cary Ichter replacing attorney Kurt Walker Schuettinger. (Ichter, Cary) |
| Dec 15, 2020 | 57 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE for Defendant Evol Nutrition Associates, Inc.'s First Continuing Interrogatories to Plaintiff Supplement Center, LLC by Evol Nutrition Associates, Inc..(Bellus, John) |
| Dec 15, 2020 | 58 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE Defendant Evol Nutrition Associates, Inc.'s Second Continuing Interrogatories to Plaintiff M&N Distributing, LLC by Evol Nutrition Associates, Inc..(Bellus, John) |
| Dec 15, 2020 | 59 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE Defendant Evol Nutrition Associates, Inc.'s Second Requests for Production of Documents to Plaintiff M&N Distributing, LLC by Evol Nutrition Associates, Inc..(Bellus, John) |
| Dec 11, 2020 | 56 | Certificate of Service (3) Docket Text: CERTIFICATE OF SERVICE by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC.(Bates, Andrea) |
| Dec 9, 2020 | 54 | Notice (Other) (5) Docket Text: NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI) |
| Dec 9, 2020 | 55 | Protective Order (18) Docket Text: PROTECTIVE ORDER. Signed by Judge Steven D. Grimberg on 12/9/2020. (jed) |
| Dec 7, 2020 | 53 | Main Document (1) Docket Text: Minute Entry for proceedings held before Judge Steven D. Grimberg: Telephone Conference held on 12/7/2020 regarding discovery dispute submitted by the Defendant to the Court pursuant to its Standing Order. The Court heard from both parties. Counsel for Plaintiff and Defendant are ORDERED to confer on a proposed protective order. After conferring, the parties are ORDERED, by close of business on Wednesday, December 9, 2020, to submit to Chambers either a consent proposed order or competing orders for consideration. Plaintiff is ORDERED to produce responses to all outstanding discovery requests by Friday, December 11, 2020. (Attachments: # (1) Attachment 1, # (2) Attachment 2, # (3) Attachment 3) (Court Reporter Alicia Bagley) (jed) |
| Dec 7, 2020 | 53 | Attachment 1 (16) |
| Dec 7, 2020 | 53 | Attachment 2 (19) |
| Dec 7, 2020 | 53 | Attachment 3 (21) |
| Dec 4, 2020 | 52 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC.(Bates, Andrea) |
| Nov 30, 2020 | N/A | Notice of Hearing (0) Docket Text: NOTICE of TELECONFERENCE Hearing: Discovery Dispute Hearing set for 12/7/2020 at 10:00 AM in No Courtroom before Judge Steven D. Grimberg. The connection instructions have been emailed to the parties. (ash) |
| Nov 30, 2020 | 50 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Kurt Walker Schuettinger on behalf of Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC (Schuettinger, Kurt) |
| Nov 30, 2020 | 51 | Certificate of Service (3) Docket Text: CERTIFICATE OF SERVICE by M&N Distributing LLC, Supplement Center, LLC.(Bates, Andrea) |
| Nov 24, 2020 | 49 | Certificate of Service (3) Docket Text: CERTIFICATE OF SERVICE filed by Supplement Center, LLC (Bates, Andrea) |
| Nov 2, 2020 | 48 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Andrea Elizabeth Bates on behalf of Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC (Bates, Andrea) |
| Sep 29, 2020 | 47 | Notice (Other) (4) Docket Text: EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (rvb) (ADI) |
| Sep 8, 2020 | 44 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Defendant Evol Nutrition Associates, Inc.'s First Continuing Interrogatories to Plaintiff M&N Distributing, LLC by Evol Nutrition Associates, Inc..(Bellus, John) |
| Sep 8, 2020 | 45 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Defendant Evol Nutrition Associates, Inc.'s First Requests for Production of Documents to Plaintiff M&N Distributing, LLC by Evol Nutrition Associates, Inc..(Bellus, John) |
| Sep 8, 2020 | 46 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Defendant Evol Nutrition Associates, Inc.'s First Requests for Production of Documents to Plaintiff Supplement Center, LLC by Evol Nutrition Associates, Inc..(Bellus, John) |
| Sep 2, 2020 | 43 | Notice (Other) (4) Docket Text: SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (rvb) (ADI) |
| Aug 4, 2020 | 42 | Notice (Other) (3) Docket Text: SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (mmc) (ADI) |
| Jul 15, 2020 | 41 | Status Conference (1) Docket Text: Minute Entry for proceedings held before Judge Steven D. Grimberg: Status Conference held telephonically on July 15, 2020. The Court heard from Plaintiffs' and Defendants' counsel regarding the status of discovery and potential mediation. All current case deadlines shall remain in effect. (Court Reporter Alicia Bagley)(jed) |
| Jul 13, 2020 | 40 | Notice (Other) (3) Docket Text: FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (rvb) (ADI) |
| Jul 2, 2020 | 39 | Notice (Other) (3) Docket Text: FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (mmc) (ADI) |
| Jun 29, 2020 | N/A | Notice of Video/Telephone Proceeding (0) Docket Text: NOTICE OF TELEPHONE PROCEEDING : Status Conference set for 7/15/2020 at 02:00 PM in No Courtroom before Judge Steven D. Grimberg. Connection Instructions: Dial in Number: 646-828-7666; Meeting ID: 161 104 9023; Password: 029324 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (ash) Modified on 6/29/2020 (ash). |
| Jun 29, 2020 | N/A | Notification of Docket Correction (0) Docket Text: Notification of Docket Correction re NOTICE OF TELEPHONE PROCEEDING : Status Conference set for 7/15/2020 at 02:00 PM in No Courtroom before Judge Steven D. Grimberg. Connection Instructions: Dial in Number: 646-828-7666; Meeting ID: 161 104 9023; Password: 029324 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconfe rencing or telephone conferencing, is strictly and absolutely prohibited. (ash) Modified on 6/29/2020 to edit meeting ID number (ash). (jed) |
| Jun 26, 2020 | 38 | Scheduling Order (2) Docket Text: SCHEDULING ORDER re [37] Joint Preliminary Report and Discovery Plan: Discovery ends on 1/18/2021. Dispositive Motions due by 2/18/2021. Proposed Pretrial Order due by 3/18/2021. Signed by Judge Steven D. Grimberg on 6/26/2020. (See pdf for other specifics) (jed) |
| Jun 18, 2020 | 37 | Joint Preliminary Report and Discovery Plan (11) Docket Text: JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Kenneth Affolter, Kenneth Affolter, M&N Distributing LLC, M&N Distributing LLC. (Ward, Robert) |
| Jun 17, 2020 | 36 | Order on Motion for Extension of Time (1) Docket Text: ORDER granting [35] Motion for Extension of Time and Other Relief. Parties shall have through June 18, 2020 to file their Joint Report and Discovery Plan. Signed by Judge Steven D. Grimberg on 6/17/2020. (jed) |
| Jun 16, 2020 | N/A | Submission to District Judge (0) Docket Text: Submission of [35] Unopposed MOTION for Extension of Time re: [34] Order, Set Submission Deadline Unopposed MOTION for Relief to not meet "in person" -- due to the COVID-19 pandemic and [34] Order to District Judge Steven D. Grimberg. (jed) |
| Jun 15, 2020 | 35 | Motion for Extension of Time (2) Docket Text: Unopposed MOTION for Extension of Time re: [34] Order, Set Submission Deadline , Unopposed MOTION for Relief to not meet "in person" -- due to the COVID-19 pandemic by Kenneth Affolter, M&N Distributing LLC. (Ward, Robert) |
| Jun 1, 2020 | 34 | Order (1) Docket Text: ORDER: The parties are hereby ORDERED to file a Joint Preliminary Report and Discovery Plan on or before June 15, 2020. Signed by Judge Steven D. Grimberg on 6/1/2020. (jed) |
| May 27, 2020 | 33 | Notice (Other) (2) Docket Text: THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (rvb) (ADI) |
| May 4, 2020 | 32 | Notice (Other) (2) Docket Text: SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (rvb) (ADI) |
| Apr 2, 2020 | 31 | Notice (Other) (2) Docket Text: Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (mmc) (ADI) |
| Mar 20, 2020 | 30 | Order (4) Docket Text: General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (jed) |
| Feb 3, 2020 | 29 | Main Document (5) Docket Text: NOTICE Of Filing Statement regarding compliance with Orders Docs. 20 and 28 by Kenneth Affolter, M&N Distributing LLC, Charles Mark Ramsey, Supplement Center, LLC (Attachments: # (1) Exhibit 1 -- Answers to Counterclaim Count IV, as previously filed on June 23, 2019, # (2) Exhibit 2 -- Exhibit to Answers to Counterclaim Count IV, as previously filed on June 23, 2019)(Ward, Robert) |
| Feb 3, 2020 | 29 | Exhibit 1 -- Answers to Counterclaim Count IV, as previously filed on June 23, (25) |
| Feb 3, 2020 | 29 | Exhibit 2 -- Exhibit to Answers to Counterclaim Count IV, as previously filed o (3) |
| Jan 28, 2020 | 28 | Order on Motion to Dismiss (7) Docket Text: ORDER denying [21] Motion to Dismiss. The Court DIRECTS Plaintiffs to file an Answer to Evols counterclaim for false advertising within five (5) days of the date of entry of this order. Signed by Judge Steven D. Grimberg on 1/28/2020. (jed) |
| Oct 8, 2019 | 27 | Certificate of Compliance (2) Docket Text: CERTIFICATE of Compliance regarding Standing Order (Ward, Robert) |
| Oct 7, 2019 | 26 | Certificate of Compliance (2) Docket Text: CERTIFICATE of Compliance re [25] Order (Bellus, John) |
| Sep 30, 2019 | 25 | Order (30) Docket Text: STANDING ORDER regarding Civil Litigation. Signed by Judge Steven D. Grimberg on 9/26/19. (jpa) |
| Sep 17, 2019 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Steven D. Grimberg. Judge Eleanor L. Ross no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:18-cv-3633-SDG. Please make note of this change in order to facilitate the docketing of pleadings in this case. (jpa) |
| Sep 17, 2019 | N/A | Submission to District Judge (0) Docket Text: Submission of [21] MOTION to Dismiss for lack of subject matter jurisdiction, lack of case or controversy, unclean hands, lack of any cognizble injury or damage, illegal product, and failure to state a cause of action for which relief could be granted, to District Judge Steven D. Grimberg. (jpa) |
| Jul 9, 2019 | N/A | Submission to District Judge (0) Docket Text: Submission of [21] MOTION to Dismiss for lack of subject matter jurisdiction, lack of case or controversy, unclean hands, lack of any cognizble injury or damage, illegal product, and failure to state a cause of action for which relief could be granted, to District Judge Eleanor L. Ross. (jpa) |
| Jul 6, 2019 | 24 | Main Document (16) Docket Text: REPLY to Response to Motion re [21] MOTION to Dismiss for lack of subject matter jurisdiction, lack of case or controversy, unclean hands, lack of any cognizble injury or damage, illegal product, and failure to state a cause of action for which relief could be granted Re: Count IV alleging "false advertising" filed by Kenneth Affolter, Kenneth Affolter, M&N Distributing LLC, M&N Distributing LLC, Charles Mark Ramsey, Supplement Center, LLC, Supplement Center, LLC. (Attachments: # (1) Affidavit Declaration of Affolter -- re: eliminating Phenibut from product line, # (2) Exhibit 1 -- Dangers of "Sleep Walker" Phenibut product, # (3) Exhibit 2 -- scholars' condemnation of Phenibut, # (4) Exhibit 3 -- FDA Statement re Illegal Phenibut-containing product "Sleep Walker", # (5) Exhibit 4 -- Evol On-line Sales of "Sleep Walker" disabled, # (6) Exhibit 5 -- FDA notice re Evol as serial violator, # (7) Exhibit 6 -- Harrison Commentary withheld from the Court, # (8) Exhibit 7 -- FDA-USDA Regs. Manual)(Ward, Robert) |
| Jul 6, 2019 | 24 | Affidavit Declaration of Affolter -- re: eliminating Phenibut from product line (2) |
| Jul 6, 2019 | 24 | Exhibit 1 -- Dangers of "Sleep Walker" Phenibut product (12) |
| Jul 6, 2019 | 24 | Exhibit 2 -- scholars' condemnation of Phenibut (10) |
| Jul 6, 2019 | 24 | Exhibit 3 -- FDA Statement re Illegal Phenibut-containing product "Sleep (4) |
| Jul 6, 2019 | 24 | Exhibit 4 -- Evol On-line Sales of "Sleep Walker" disabled (1) |
| Jul 6, 2019 | 24 | Exhibit 5 -- FDA notice re Evol as serial violator (6) |
| Jul 6, 2019 | 24 | Exhibit 6 -- Harrison Commentary withheld from the Court (3) |
| Jul 6, 2019 | 24 | Exhibit 7 -- FDA-USDA Regs. Manual (61) |
| Jul 5, 2019 | 23 | Main Document (8) Docket Text: RESPONSE in Opposition re [21] MOTION to Dismiss for lack of subject matter jurisdiction, lack of case or controversy, unclean hands, lack of any cognizble injury or damage, illegal product, and failure to state a cause of action for which relief could be granted filed by Evol Nutrition Associates, Inc., Jeremy Nickels, Annbiz, LLC, and Asif Noorani. (Attachments: # (1) Exhibit A - Declaration of Todd A. Harrison, Esq.)(Bellus, John) Modified on 7/8/2019 to add filers (jpa). |
| Jul 5, 2019 | 23 | Exhibit A - Declaration of Todd A. Harrison, Esq. (2) |
| Jun 23, 2019 | 22 | Main Document (25) Docket Text:Counterclaim Defendants' ANSWER to [8] Counterclaim by Kenneth Affolter, M&N Distributing LLC, and Supplement Center, LLC. (Attachments: # (1) Exhibit 1 -- USDA Letter ruling Evol's "Sleep Walker" product illegal)(Ward, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 6/24/2019 to correct filers (jpa). |
| Jun 23, 2019 | 22 | Exhibit 1 -- USDA Letter ruling Evol's "Sleep Walker" product il (3) |
| Jun 21, 2019 | 21 | Main Document (2) Docket Text: MOTION to Dismiss for lack of subject matter jurisdiction, lack of case or controversy, unclean hands, lack of any cognizble injury or damage, illegal product, and failure to state a cause of action for which relief could be granted with Brief In Support by Kenneth Affolter, M&N Distributing LLC, Charles Mark Ramsey, Supplement Center, LLC, Supplement Center, LLC. (Attachments: # (1) Brief, # (2) Exhibit A -- USDA Notice Letter of Evol's Illegal Dietary Supplement Product)(Ward, Robert) Modified on 6/24/2019 to correct filers (jpa). |
| Jun 21, 2019 | 21 | Brief (11) |
| Jun 21, 2019 | 21 | Exhibit A -- USDA Notice Letter of Evol's Illegal Dietary Supplement Produ (3) |
| Jun 17, 2019 | 20 | Order on Motion to Add Party (18) Docket Text: ORDER DISMISSING WITHOUT PREJUDICE Plaintiffs' Count V for Common Law Fraud and DISMISSING WITHOUT PREJUDICE Defendants' Counterclaims for breach of consent judgment, tortious interference in business relations, and civil conspiracy. The Court DENIES Plaintiffs' [11] Motion to Dismiss Evol's Counterlcaims. Finally, the Court GRANTS Defendants' [9] Motion to Add Party. Charles Mark Ramsey added to case as a Counterclaim Defendant. The Court DIRECTS Plaintiffs to file an answer to Defendants' remaining counterclaim for false advertising within fourteen (14) days of the date of entry of this order. Signed by Judge Eleanor L. Ross on 6/17/19. (jpa) |
| May 24, 2019 | 19 | Leave of Absence (1) Docket Text: Notice for Leave of Absence for the following date(s): 8/20/2019 through 9/8/2019, by Robert M. Ward. (Ward, Robert) Text modified on 5/28/2019 (btql). |
| Feb 1, 2019 | N/A | Clerks Notation for LOA/CIP (0) Docket Text: Clerks Notation re [18] Leave of Absence. Attorney John Edward Bellus is relieved from personally having to attend any proceedings or trials in this matter on the following dates: February 15-25, 2019 and April 12-22, 2019. This leave of absence will not affect the processing of this case including the scheduling of motions, hearings, trials or other events before this Court. (mlb) |
| Jan 31, 2019 | 18 | Leave of Absence (1) Docket Text: Notice for Leave of Absence for the following date(s): 02/15/19-02/25/19,04/12/19-04/22/19, by John Edward Bellus, Jr. (Bellus, John) |
| Dec 20, 2018 | N/A | Submission to District Judge (0) Docket Text: Submission of [11] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, [9] MOTION to Add Party as Counterclaim Defendant, to District Judge Eleanor L. Ross. (cmd) |
| Dec 19, 2018 | 17 | Reply to Response to Motion (9) Docket Text: REPLY to Response to Motion re [11] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC. (Ward, Robert) |
| Dec 12, 2018 | 15 | Response in Opposition to Motion (25) Docket Text: RESPONSE in Opposition re [11] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani. (Bellus, John) |
| Dec 12, 2018 | 16 | Main Document (9) Docket Text: REPLY to Response to Motion re [9] MOTION to Add Party as Counterclaim Defendant filed by Evol Nutrition Associates, Inc.. (Attachments: # (1) Exhibit A - Letter)(Bellus, John) |
| Dec 12, 2018 | 16 | Exhibit A - Letter (2) |
| Dec 10, 2018 | N/A | Clerks Notation for LOA/CIP (0) Docket Text: Clerks Notation re [14] Certificate of Interested Persons/Corporate Disclosures by Kenneth Affolter, M&N Distributing LLC, and Supplement Center, LLC. Read and approved by District Judge Eleanor L. Ross. (mlb) |
| Dec 6, 2018 | 14 | Certificate of Interested Persons (3) Docket Text: Certificate of Interested Persons by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC. (Ward, Robert) |
| Dec 4, 2018 | N/A | Clerks Notation for LOA/CIP (0) Docket Text: Clerks Notation re [13] Certificate of Interested Persons/Corporate Disclosures by Annbiz LLC, Evol Nutrition Associates, Inc,. Jeremy Nickels, Asif Noorani. Read and approved by District Judge Eleanor L. Ross. (mlb) |
| Dec 4, 2018 | 13 | Certificate of Interested Persons (4) Docket Text: Certificate of Interested Persons by Annbiz LLC, Evol Nutrition Associates, Inc., Jeremy Nickels, Asif Noorani. (Bellus, John) |
| Dec 1, 2018 | 12 | Main Document (2) Docket Text: NOTICE Of Filing Plaintiffs' Verifications of First Amended Complaint by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC re [3] Amended Complaint,, (Attachments: # (1) Exhibit A -- Plaintiffs' Verification, # (2) Exhibit B -- Plaintiffs' Verification)(Ward, Robert) |
| Dec 1, 2018 | 12 | Exhibit A -- Plaintiffs' Verification (1) |
| Dec 1, 2018 | 12 | Exhibit B -- Plaintiffs' Verification (1) |
| Nov 28, 2018 | 10 | Response in Opposition to Motion (13) Docket Text: RESPONSE in Opposition re [9] MOTION to Add Party as Counterclaim Defendant filed by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC. (Ward, Robert) Modified on 11/29/2018 to edit filer information. (cmd) |
| Nov 28, 2018 | 11 | Main Document (1) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC. (Attachments: # (1) Brief in support of motion to dismiss counterclaims counts I-IV)(Ward, Robert) Modified on 11/29/2018 to edit filer information. (cmd) |
| Nov 28, 2018 | 11 | Brief in support of motion to dismiss counterclaims counts I-IV (15) |
| Nov 7, 2018 | 8 | Main Document (35) Docket Text: ANSWER to [3] Amended Complaint ( Discovery ends on 4/8/2019.), COUNTERCLAIM against All Plaintiffs with Jury Demand by Jeremy Nickels, Evol Nutrition Associates, Inc., Asif Noorani, Annbiz LLC. (Attachments: # (1) Exhibit A - Consent Judgment, # (2) Exhibit B - Website, # (3) Exhibit C - Trademark, # (4) Exhibit D - Test Certificate, # (5) Exhibit E - Advertisement)(Bellus, John) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Nov 7, 2018 | 8 | Exhibit A - Consent Judgment (3) |
| Nov 7, 2018 | 8 | Exhibit B - Website (2) |
| Nov 7, 2018 | 8 | Exhibit C - Trademark (11) |
| Nov 7, 2018 | 8 | Exhibit D - Test Certificate (1) |
| Nov 7, 2018 | 8 | Exhibit E - Advertisement (1) |
| Nov 7, 2018 | 9 | Motion to Add Party (6) Docket Text: MOTION to Add Party as Counterclaim Defendant by Evol Nutrition Associates, Inc.. (Bellus, John) |
| Aug 2, 2018 | 7 | A.O. Form 120 (1) Docket Text: AO Form 120 forwarded to Director, U.S. Patent and Trademark Office. (cmd) |
| Aug 1, 2018 | N/A | AO Form 120 - Notice to Parties (0) Docket Text: Notice of deficiency re AO Form 120. Plaintiff must complete and file AO Form 120. See LR 3.4 and LPR 1.4. Docket the form using the event AO 120, located in the Other Filings/Other Documents menu. (cmd) |
| Aug 1, 2018 | 5 | Main Document (2) Docket Text: Electronic Summons Issued as to All Defendants. (Attachments: # (1) Summons Jeremy Nickels, # (2) Summons Annbiz LLC, # (3) Summons Asif Noorani)(cmd) |
| Aug 1, 2018 | 5 | Summons Jeremy Nickels (2) |
| Aug 1, 2018 | 5 | Summons Annbiz LLC (2) |
| Aug 1, 2018 | 5 | Summons Asif Noorani (2) |
| Aug 1, 2018 | 6 | Proposed AO 120 (1) Docket Text: PROPOSED AO 120 -- re trademarks. (Ward, Robert) |
| Jul 31, 2018 | N/A | AO Form 120 - Notice to Parties (0) Docket Text: Notice of deficiency re AO Form 120. Plaintiff must complete and file AO Form 120. See LR 3.4 and LPR 1.4. Docket the form using the event AO 120, located in the Other Filings/Other Documents menu. (eop) |
| Jul 31, 2018 | 2 | Order (12) Docket Text: NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| Jul 31, 2018 | 3 | Main Document (16) Docket Text: First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Kenneth Affolter, Supplement Center, LLC, M&N Distributing LLC. (Attachments: # (1) Exhibit ATTACHMENT A -- STIPULATED JUDGMENT, # (2) Civil Cover Sheet)(Ward, Robert) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 8/1/2018 to edit text. (cmd) |
| Jul 31, 2018 | 3 | Exhibit ATTACHMENT A -- STIPULATED JUDGMENT (3) |
| Jul 31, 2018 | 3 | Civil Cover Sheet Civil Cover Sheet (2) |
| Jul 31, 2018 | 4 | Main Document (1) Docket Text: PROPOSED SUMMONS filed by Kenneth Affolter, M&N Distributing LLC, Supplement Center, LLC (Attachments: # (1) Summons directed to Evol, # (2) Summons directed to Nickels, # (3) Summons directed to ANNBIZ, # (4) Summons directed to Noorani)(Ward, Robert) |
| Jul 31, 2018 | 4 | Summons directed to Evol (2) |
| Jul 31, 2018 | 4 | Summons directed to Nickels (2) |
| Jul 31, 2018 | 4 | Summons directed to ANNBIZ (2) |
| Jul 31, 2018 | 4 | Summons directed to Noorani (2) |
| Jul 29, 2018 | 1 | Main Document (16) Docket Text: COMPLAINT filed by Supplement Center, LLC, Kenneth Affolter and A&R Dist LLC. (Filing fee $400.00, receipt number 113E-8042887) (Attachments: # (1) Exhibit -A - Stipulated Judgment)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Jul 29, 2018 | 1 | Exhibit -A - Stipulated Judgment (3) |
