Case number 1:17-cv-00195
THE CENTURY SLATE CO. v. DETAIL SLATE AND TILE, LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 2, 2020 | 64 | Order (2) Docket Text:ORDER signed by JUDGE LORETTA C. BIGGS on 4/2/2020. The Defendants have complied with the court's February 28, 2020 Order (ECF No. [58]) and THIS MATTER IS NOW CLOSED. (Daniel, J) |
| Apr 1, 2020 | N/A | Case Referred to Judge (0) Docket Text: CASE REFERRED RE: [62] Notice of Compliance, to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Apr 1, 2020 | 63 | Order on Motion for Extension of Time (1) Docket Text:ORDER signed by JUDGE LORETTA C. BIGGS on 04/01/2020; that the motion (ECF No. [61]) is GRANTED, and the Defendants are allowed a 15-day extension up to and including April 13, 2020 to comply with the court's February 28, 2020 Order, (ECF No. [58]). (Hicks, Samantha) |
| Mar 31, 2020 | 62 | Main Document (2) Docket Text: NOTICE OF COMPLIANCE by Defendant DAVID ZIMMER re [58] Order on Motion for Miscellaneous Relief, Order on Motion to Adopt. (Attachments: # (1) Affidavit Joe Whitmore, # (2) Affidavit Paul Zimmer, # (3) Exhibit Copy of South Carolina Secretary of State webpage indicating Century Slate and Tile, LLC has been dissolved, # (4) Exhibit Copy of South Carolina Secretary of State webpage indicating Century Slate of SC, LLC has been dissolved) (KAPPEL, MATTHEW) |
| Mar 31, 2020 | 62 | Affidavit Joe Whitmore (1) |
| Mar 31, 2020 | 62 | Affidavit Paul Zimmer (1) |
| Mar 31, 2020 | 62 | Exhibit Copy of South Carolina Secretary of State webpage indicating Century Sla (1) |
| Mar 31, 2020 | 62 | Exhibit Copy of South Carolina Secretary of State webpage indicating Century Sla (1) |
| Mar 30, 2020 | N/A | Motions Submitted (0) Docket Text: Motion Submitted: [61] MOTION for Extension of Time to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Mar 27, 2020 | 61 | Main Document (2) Docket Text: MOTION for Extension of Time by DAVID ZIMMER. (Attachments: # (1) Affidavit, # (2) Affidavit, # (3) Exhibit Copy of South Carolina Secretary of State webpage indicating Century Slate and Tile, LLC has been dissolved, # (4) Exhibit Copy of South Carolina Secretary of State webpage indicating Century Slate of SC, LLC has been dissolved)(KAPPEL, MATTHEW) |
| Mar 27, 2020 | 61 | Affidavit (1) |
| Mar 27, 2020 | 61 | Affidavit (1) |
| Mar 27, 2020 | 61 | Exhibit Copy of South Carolina Secretary of State webpage indicating Century Sla (1) |
| Mar 27, 2020 | 61 | Exhibit Copy of South Carolina Secretary of State webpage indicating Century Sla (1) |
| Mar 9, 2020 | 60 | USMS Return Executed (1) Docket Text: USMS Return Executed on 02/12/2020 re: [49] Order for Arrest, served on David Zimmer. (Daniel, J) |
| Mar 2, 2020 | 59 | Withdrawal of Motion (2) Docket Text: WITHDRAWAL of Motion by Plaintiff THE CENTURY SLATE CO. re [52] MOTION to Compel Discovery filed by THE CENTURY SLATE CO. (PARSONS, GAVIN) |
| Feb 28, 2020 | N/A | Motions Submitted (0) Docket Text: Motion Submitted: [57] MOTION to Adopt Resolution and Purge the Defendants from Civil Contempt and Release Defendant Zimmer from Custody to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Feb 28, 2020 | 57 | Motion to Adopt (3) Docket Text: MOTION to Adopt Resolution and Purge the Defendants from Civil Contempt and Release Defendant Zimmer from Custody by DETAIL SLATE AND TILE, LLC, DAVID ZIMMER. Response to Motion due by 3/20/2020 (KAPPEL, MATTHEW) |
| Feb 28, 2020 | 58 | Order on Motion for Miscellaneous Relief (4) Docket Text:ORDER signed by JUDGE LORETTA C. BIGGS on 2/28/2020; that the Defendants shall pay the Plaintiff $150,000.00 as satisfaction of the outstanding balance on the Judgment. FURTHER that the Civil Judgment shall be marked as satisfied. FURTHER that permanent injunction against Defendants as described in the default Judgment, (ECF No. [14]), and Order, (ECF No. [48]), shall remain in force and effect. FURTHER that Century Slate and Tile, LLC, Century Slate of SC, LLC, Century Slate and Solar, Joe Whitmore, and Paul Zimmer shall be subject to the permanent injunction as described in the default Judgment, (ECF No. [14]), and Order, (ECF No. [48]), and both Joe Whitmore and Paul Zimmer will file affidavits with this court submitting to the jurisdiction of this court. FURTHER that Century Slate and Tile, LLC and Century Slate of SC, LLC shall be dissolved, renamed and/or otherwise removed from the records of the South Carolina Secretary of State as an active legal entity doing business in South Carolina. FURTHER that Defendants have 30 days to accomplish tasks required in numbers 4 and 5 of the parties' resolution as outlined in this order and decree. FURTHER that the United States Marshall service is directed to release from custody Defendant Zimmer immediately upon receipt of this Order. (Sheets, Jamie) |
| Feb 27, 2020 | N/A | Motions Submitted (0) Docket Text: Motion Submitted: [56] MOTION Motion For Order Releasing the Defendant From Custody to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Feb 27, 2020 | 56 | Motion for Miscellaneous Relief (1) Docket Text: MOTION Motion For Order Releasing the Defendant From Custody by DAVID ZIMMER. Response to Motion due by 3/19/2020 (KAPPEL, MATTHEW) |
| Feb 26, 2020 | 55 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Appearance by attorney MATTHEW J. KAPPEL on behalf of Defendants DETAIL SLATE AND TILE, LLC, DAVID ZIMMER (KAPPEL, MATTHEW) |
| Feb 21, 2020 | N/A | Motions Submitted (0) Docket Text: Motion Submitted: [52] MOTION to Compel Discovery to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Feb 21, 2020 | 54 | Memorandum (8) Docket Text: Corrected Document re: [53] Memorandum by Plaintiff THE CENTURY SLATE CO. (PARSONS, GAVIN) |
| Feb 19, 2020 | 52 | Main Document (6) Docket Text: MOTION to Compel Discovery by THE CENTURY SLATE CO.. Response to Motion due by 3/4/2020 (Attachments: # (1) Exhibit 1 - Interrogatories to Zimmer, # (2) Exhibit 2 - Document Requests to Zimmer, # (3) Exhibit 3 - Interrogatories to Detail Slate, # (4) Exhibit 4 - Document Requests to Detail Slate, # (5) Exhibit 5 Transmittal Email)(PARSONS, GAVIN) |
| Feb 19, 2020 | 52 | Exhibit 1 - Interrogatories to Zimmer (10) |
| Feb 19, 2020 | 52 | Exhibit 2 - Document Requests to Zimmer (12) |
| Feb 19, 2020 | 52 | Exhibit 3 - Interrogatories to Detail Slate (10) |
| Feb 19, 2020 | 52 | Exhibit 4 - Document Requests to Detail Slate (11) |
| Feb 19, 2020 | 52 | Exhibit 5 Transmittal Email (2) |
| Feb 19, 2020 | 53 | Memorandum (7) Docket Text: MEMORANDUM filed by Plaintiff THE CENTURY SLATE CO. re [52] MOTION to Compel Discovery filed by THE CENTURY SLATE CO.. (PARSONS, GAVIN) |
| Feb 18, 2020 | 51 | Main Document (1) Docket Text:COMMITMENT TO ANOTHER DISTRICT from the District of South Carolina as to DAVID ZIMMER. (Attachments: # (1) Docket Sheet District of S.C.) (Daniel, J) |
| Feb 18, 2020 | 51 | Docket Sheet District of S.C. (2) |
| Feb 13, 2020 | 50 | Warrant Returned (1) Docket Text: ORDER FOR ARREST Returned Executed on 2/12/2020 as to David Zimmer. (Daniel, J) |
| Jan 29, 2020 | 49 | Main Document (1) Docket Text:ORDER FOR ARREST as to DAVID ZIMMER. (Attachments: # (1) Order of Civil Contempt and Order for Arrest (Doc. [48]))(Daniel, J) |
| Jan 29, 2020 | 49 | Order of Civil Contempt and Order for Arrest (Doc. [48]) (15) |
| Dec 23, 2019 | 48 | Order on Motion for Attorney Fees (15) Docket Text:ORDER OF CIVIL CONTEMPT AND ORDER FOR ARREST signed by JUDGE LORETTA C. BIGGS on 12/23/2019. Defendants, David Zimmer and Detail Slate and Tile, LLC, and their affiliated entities to include Century Slate and Tile, Century Slate of South Carolina, and Century Slate and Solar, are in civil contempt of this Court's Default Judgment and Permanent Injunction and sanctioned as set out in Order. Defendants shall purge themselves of this contempt as set out. The United States Marshal is hereby directed to arrest Defendant David Zimmer for civil contempt and to take David Zimmer into custody and incarcerate him in a facility to be selected by the United States Marshal until such time as the Court orders his release as set out. The Court retains jurisdiction, upon the failure of Defendants to fully purge themselves of civil contempt, to levy a compliance fine against them and to grant such other and further relief as the Court finds appropriate. Josiah Magnuson shall transfer any domain name in his possession that utilizes the Century Slate mark or similar language to Plaintiff within ten days of the entry of this Order. (Daniel, J) |
| Dec 13, 2019 | 47 | Transcript (114) Docket Text: Transcript of Proceedings held on 11/15/2019, re: Show Cause Hearing, before Judge Loretta C. Biggs. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 1/6/2020. Redacted Transcript Deadline set for 1/16/2020. Release of Transcript Restriction set for 3/16/2020. (Russell, Lori) |
| Dec 3, 2019 | N/A | Motions Submitted (0) Docket Text: Motion Submitted: [44] MOTION for Attorney Fees and Additional Damages to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Nov 25, 2019 | 44 | Motion for Attorney Fees (5) Docket Text: MOTION for Attorney Fees and Additional Damages by THE CENTURY SLATE CO.. Response to Motion due by 12/16/2019 (PARSONS, GAVIN) |
| Nov 25, 2019 | 45 | Memorandum (13) Docket Text: MEMORANDUM filed by Plaintiff THE CENTURY SLATE CO. re [44] MOTION for Attorney Fees and Additional Damages filed by THE CENTURY SLATE CO.. (PARSONS, GAVIN) |
| Nov 25, 2019 | 46 | Main Document (9) Docket Text: THIRD SUPPLEMENTAL DECLARATION of David E. Bennett filed by THE CENTURY SLATE CO. re: [44] MOTION for Attorney Fees and Additional Damages. (Attachments: # (1) Exhibit 29- Cloudflare Acknowledgement of TM Complaint, # (2) Exhibit 30 - Letter to Cloudflare, # (3) Exhibit 31 - Redirection Screenshots, # (4) Exhibit 32- AskApache Tool, # (5) Exhibit 33 - Subcontract and W9, # (6) Exhibit 34 - Estimates, # (7) Exhibit 35 - Invoices and Payments, # (8) Exhibit 36 - Insurance Certificates, # (9) Exhibit 37 - Breakdown of Attorney's Fees, # (10) Exhibit 38 - AIPLA Survey)(PARSONS, GAVIN) Modified text on 11/26/2019 to match document filed. (Daniel, J) |
| Nov 25, 2019 | 46 | Exhibit 29- Cloudflare Acknowledgement of TM Complaint (1) |
| Nov 25, 2019 | 46 | Exhibit 30 - Letter to Cloudflare (2) |
| Nov 25, 2019 | 46 | Exhibit 31 - Redirection Screenshots (2) |
| Nov 25, 2019 | 46 | Exhibit 32- AskApache Tool (1) |
| Nov 25, 2019 | 46 | Exhibit 33 - Subcontract and W9 (9) |
| Nov 25, 2019 | 46 | Exhibit 34 - Estimates (5) |
| Nov 25, 2019 | 46 | Exhibit 35 - Invoices and Payments (9) |
| Nov 25, 2019 | 46 | Exhibit 36 - Insurance Certificates (8) |
| Nov 25, 2019 | 46 | Exhibit 37 - Breakdown of Attorney's Fees (1) |
| Nov 25, 2019 | 46 | Exhibit 38 - AIPLA Survey (4) |
| Nov 15, 2019 | N/A | Motions Referred (0) Docket Text: Motion Submitted: RE: [41] MOTION for Leave to File Notice of Appearance and Affidavit Out of Time, to JUDGE LORETTA C. BIGGS. (Blay, Debbie). |
| Nov 15, 2019 | 42 | Show Cause Hearing (1) Docket Text: Minute Entry for proceedings held before JUDGE LORETTA C. BIGGS: Show Cause Hearing held on 11/15/2019. Gavin Parsons and David Bennett present on behalf of the Plaintiff. Gregory Holland present on behalf of non-party Nicolas Marsceau. Donald Pocock present on behalf of non-party Josiah Magnuson. Evidence presented. Oral arguments made. Written Order forthcoming. (Court Reporter Lori Russell.) (Blay, Debbie) (Blay, Debbie). |
| Nov 15, 2019 | 43 | Order on Motion for Leave to File (1) Docket Text:ORDER signed by JUDGE LORETTA C. BIGGS on 11/15/2019. The Motion for Leave to File Appearance and Affidavit Out of Time (ECF No. [41]) is GRANTED. The non-party Josiah Magnuson's counsel, Donald Pocock, is permitted to enter an appearance and Mr. Magnuson's late filing of his Affidavit in response to the Court's October 10, 2019 Order to Show Cause will be allowed. (Daniel, J) |
| Nov 14, 2019 | 41 | Main Document (4) Docket Text: MOTION for Leave to File Notice of Appearance and Affidavit Out of Time by Josiah Magnuson. Response to Motion due by 12/5/2019 (Attachments: # (1) Exhibit A - Proffered Notice of Appearance, # (2) Exhibit B - Magnuson Affidavit)(POCOCK, DONALD) |
| Nov 14, 2019 | 41 | Exhibit A - Proffered Notice of Appearance (2) |
| Nov 14, 2019 | 41 | Exhibit B - Magnuson Affidavit (5) |
| Oct 23, 2019 | 38 | Notice of Attorney Appearance (2) Docket Text: NOTICE of Appearance by attorney GREGORY GERALD HOLLAND on behalf of Unknown NICOLAS MARSCEAU (HOLLAND, GREGORY) |
| Oct 23, 2019 | 39 | Response (5) Docket Text: RESPONSE re [28] Order to Show Cause,,,,, filed by NICOLAS MARSCEAU. Replies due by 11/6/2019 (HOLLAND, GREGORY) |
| Oct 23, 2019 | 40 | Main Document (7) Docket Text: AFFIDAVIT of Nicolas Marsceau filed by Unknown NICOLAS MARSCEAU. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15)(HOLLAND, GREGORY) |
| Oct 23, 2019 | 40 | Exhibit 1 (2) |
| Oct 23, 2019 | 40 | Exhibit 2 (4) |
| Oct 23, 2019 | 40 | Exhibit 3 (2) |
| Oct 23, 2019 | 40 | Exhibit 4 (3) |
| Oct 23, 2019 | 40 | Exhibit 5 (2) |
| Oct 23, 2019 | 40 | Exhibit 6 (2) |
| Oct 23, 2019 | 40 | Exhibit 7 (3) |
| Oct 23, 2019 | 40 | Exhibit 8 (4) |
| Oct 23, 2019 | 40 | Exhibit 9 (3) |
| Oct 23, 2019 | 40 | Exhibit 10 (2) |
| Oct 23, 2019 | 40 | Exhibit 11 (2) |
| Oct 23, 2019 | 40 | Exhibit 12 (4) |
| Oct 23, 2019 | 40 | Exhibit 13 (3) |
| Oct 23, 2019 | 40 | Exhibit 14 (3) |
| Oct 23, 2019 | 40 | Exhibit 15 (3) |
| Oct 22, 2019 | N/A | Set/Reset Deadlines/Hearings (0) Docket Text: Reset Hearings: Show Cause Hearing set for 11/15/2019 09:30 AM in Winston-Salem Courtroom #1 before JUDGE LORETTA C. BIGGS. (Sheets, Jamie) |
| Oct 21, 2019 | 32 | Order on Motion to Continue (2) Docket Text:ORDER TO CONTINUE SHOW CAUSE HEARING signed by JUDGE LORETTA C. BIGGS on 10/21/2019; that Plaintiff's Motion (ECF No. [31]) is GRANTED and the Hearing on the Order to Show Cause previously scheduled for November 6, 2019 at 2:00 p.m. is hereby rescheduled to November 15, 2019 at 9:30 a.m., Hiram Ward Federal Courthouse, 251 North Main Street, Winston-Salem, North Carolina, in Courtroom 1. FURTHER that the Clerk shall cause a copy of this Order to be sent by registered or certified mail to the individual listed above. FURTHER that all other provisions of the original Show Cause Order shall remain in full force and effect. (Sheets, Jamie) |
| Oct 21, 2019 | 33 | Order (2) Docket Text:ORDER signed by JUDGE LORETTA C. BIGGS on 10/21/2019, that Plaintiff's Motion [31] is GRANTED and the Hearing on the Order to Show Cause previously scheduled for November 6, 2019 at 2:00 p.m. is rescheduled to November 15, 2019 at 9:30 a.m., Hiram Ward Federal Courthouse, 251 North Main Street, Winston-Salem, NC, in courtroom 1. FURTHER that the Clerk shall cause a copy of this Order to be sent by registered or certified mail to the individual listed above. FURTHER that all other provisions of the original Show Cause Order shall remain in full force and effect. (Coyne, Michelle) |
| Oct 21, 2019 | 34 | Order (2) Docket Text:ORDER TO CONTINUE SHOW CAUSE HEARING signed by JUDGE LORETTA C. BIGGS on 10/21/2019; that Plaintiff's Motion (ECF No.[31]) is GRANTED and the Hearing on the Order to Show Cause previously scheduled for November 6, 2019 at 2:00 p.m. is hereby rescheduled to November 15, 2019 at 9:30 a.m., Hiram Ward Federal Courthouse, 251 North Main Street, Winston-Salem, North Carolina, in Courtroom 1. FURTHER that the Clerk shall cause a copy of this Order to be sent by registered or certified mail to the individual listed above. FURTHER that all other provisions of the original Show Cause Order shall remain in full force and effect. (Sheets, Jamie) |
| Oct 21, 2019 | 35 | Order (2) Docket Text:ORDER TO CONTINUE SHOW CAUSE HEARING signed by JUDGE LORETTA C. BIGGS on 10/21/2019; that Plaintiff's Motion (ECF No. [31]) is GRANTED and the Hearing on the Order to Show Cause previously scheduled for November 6, 2019 at 2:00 p.m. is hereby rescheduled to November 15, 2019 at 9:30 a.m., Hiram Ward Federal Courthouse, 251 North Main Street, Winston-Salem, North Carolina, in Courtroom 1. FURTHER that the Clerk shall cause a copy of this Order to be sent by registered or certified mail to the individual listed above. FURTHER that all other provisions of the original Show Cause Order shall remain in full force and effect. (Sheets, Jamie) |
| Oct 21, 2019 | 36 | Order (2) Docket Text:ORDER TO CONTINUE SHOW CAUSE HEARING signed by JUDGE LORETTA C. BIGGS on 10/21/2019; that Plaintiff's Motion (ECF No. [31]) is GRANTED and the Hearing on the Order to Show Cause previously scheduled for November 6, 2019 at 2:00 p.m. is hereby rescheduled to November 15, 2019 at 9:30 a.m., Hiram Ward Federal Courthouse, 251 North Main Street, Winston-Salem, North Carolina, in Courtroom 1. FURTHER that the Clerk shall cause a copy of this Order to be sent by registered or certified mail to the individual listed above. FURTHER that all other provisions of the original Show Cause Order shall remain in full force and effect. (Sheets, Jamie) |
| Oct 21, 2019 | 37 | Order (2) Docket Text:ORDER TO CONTINUE SHOW CAUSE HEARING signed by JUDGE LORETTA C. BIGGS on 10/21/2019; that Plaintiff's Motion (ECF No. [31]) is GRANTED and the Hearing on the Order to Show Cause previously scheduled for November 6, 2019 at 2:00 p.m. is hereby rescheduled to November 15, 2019 at 9:30 a.m., Hiram Ward Federal Courthouse, 251 North Main Street, Winston-Salem, North Carolina, in Courtroom 1. FURTHER that the Clerk shall cause a copy of this Order to be sent by registered or certified mail to the individual listed above. FURTHER that all other provisions of the original Show Cause Order shall remain in full force and effect. (Sheets, Jamie) |
| Oct 16, 2019 | N/A | Motions Submitted (0) Docket Text: Motion Submitted: [31] MOTION to Continue to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Oct 15, 2019 | 31 | Main Document (6) Docket Text: MOTION to Continue by THE CENTURY SLATE CO.. Responses due by 11/5/2019 (Attachments: # (1) Exhibit 1 - In re DWP & BALP Calendar Notice, # (2) Exhibit 2 -State-Federal Judicial Council of North Carolina Order)(PARSONS, GAVIN) |
| Oct 15, 2019 | 31 | Exhibit 1 - In re DWP & BALP Calendar Notice (3) |
| Oct 15, 2019 | 31 | Exhibit 2 -State-Federal Judicial Council of North Carolina Order (4) |
| Oct 10, 2019 | 24 | Notice of Hearing (1) Docket Text: NOTICE of Hearing: Show Cause Hearing set for 11/6/2019 at 02:00 PM in Winston-Salem Courtroom #1 before JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Oct 10, 2019 | 25 | Main Document (3) Docket Text:ORDER TO SHOW CAUSE as to DETAIL SLATE AND TILE, DAVID ZIMMER to appear before the undersigned United States District Court Judge on 11/6/2019 at 2:00 p.m., in Courtroom 1 of the Hiram H. Ward Federal Courthouse, 251 North Main Street, Winston-Salem, North Carolina, to show cause why you should not be held in Contempt of Court for having violated this Court's Default Judgment and Permanent Injunction dated and filed October 16, 2017(ECF No. [14]) in the above captioned case. A copy of said Order is attached hereto. FURTHER that any attorney representing you in this matter must enter a written notice of appearance no later than one week before the scheduled hearing. You shall file any documentary evidence no later than two weeks before the scheduled hearing, under seal if appropriate. If you intend to call witnesses, you shall file a list of any witnesses who may testify on your behalf no later than two weeks before the scheduled hearing. FURTHER that the Clerk shall cause a copy of this Order along with a copy of the Courts Default Judgment and Permanent Injunction (ECF No. [14]) to be sent by registered or certified mail to the individuals listed above. Signed by JUDGE LORETTA C. BIGGS on 10/10/2019. (Attachments: # (1) Default Judgment and Permanent Injunction) (Daniel, J) |
| Oct 10, 2019 | 25 | Default Judgment and Permanent Injunction (6) |
| Oct 10, 2019 | 26 | Main Document (3) Docket Text:ORDER TO SHOW CAUSE as to CENTURY SLATE AND TILE c/o WHITNEY HOLCOMB, REGISTERED AGENT to appear before the undersigned United States District Court Judge on 11/6/2019 at 2:00 p.m., in Courtroom 1 of the Hiram H. Ward Federal Courthouse, 251 North Main Street, Winston-Salem, North Carolina, to show cause why you should not be held in Contempt of Court for having violated this Court's Default Judgment and Permanent Injunction dated and filed October 16, 2017 (ECF No. [14]) in the above captioned case. A copy of said Order is attached hereto. FURTHER that any attorney representing you in this matter must enter a written notice of appearance no later than one week before the scheduled hearing. You shall file any documentary evidence no later than two weeks before the scheduled hearing, under seal if appropriate. If you intend to call witnesses, you shall file a list of any witnesses who may testify on your behalf no later than two weeks before the scheduled hearing. FURTHER that the Clerk shall cause a copy of this Order along with a copy of the Courts Default Judgment and Permanent Injunction (ECF No. [14]) to be sent by registered or certified mail to the individuals listed above. Signed by JUDGE LORETTA C. BIGGS on 10/10/2019. (Attachments: # (1) Default Judgment and Permanent Injunction) (Daniel, J) |
| Oct 10, 2019 | 26 | Default Judgment and Permanent Injunction (6) |
| Oct 10, 2019 | 27 | Main Document (3) Docket Text:ORDER TO SHOW CAUSE as to CENTURY SLATE OF SC, LLC c/o PAUL ZIMMER to appear before the undersigned United States District Court Judge on 11/6/2019 at 2:00 p.m., in Courtroom 1 of the Hiram H. Ward Federal Courthouse, 251 North Main Street, Winston-Salem, North Carolina, to show cause why you should not be held in Contempt of Court for having violated this Court's Default Judgment and Permanent Injunction dated and filed October 16, 2017 (ECF No. [14]) in the above captioned case. A copy of said Order is attached hereto. FURTHER that any attorney representing you in this matter must enter a written notice of appearance no later than one week before the scheduled hearing. You shall file any documentary evidence no later than two weeks before the scheduled hearing, under seal if appropriate. If you intend to call witnesses, you shall file a list of any witnesses who may testify on your behalf no later than two weeks before the scheduled hearing. FURTHER that the Clerk shall cause a copy of this Order along with a copy of the Courts Default Judgment and Permanent Injunction (ECF No. [14]) to be sent by registered or certified mail to the individuals listed above. Signed by JUDGE LORETTA C. BIGGS on 10/10/2019. (Attachments: # (1) Default Judgment and Permanent Injunction) (Daniel, J) |
| Oct 10, 2019 | 27 | Default Judgment and Permanent Injunction (6) |
| Oct 10, 2019 | 28 | Main Document (3) Docket Text:ORDER TO SHOW CAUSE as to NICHOLAS MARSCEAU to appear before the undersigned United States District Court Judge on 11/6/2019 at 2:00 p.m., in Courtroom 1 of the Hiram H. Ward Federal Courthouse, 251 North Main Street, Winston-Salem, North Carolina, to show cause why you should not be held in Contempt of Court for having violated this Court's Default Judgment and Permanent Injunction dated and filed October 16, 2017 (ECF No. [14]) in the above captioned case. A copy of said Order is attached hereto. FURTHER that any attorney representing you in this matter must enter a written notice of appearance no later than one week before the scheduled hearing. You shall file any documentary evidence no later than two weeks before the scheduled hearing, under seal if appropriate. If you intend to call witnesses, you shall file a list of any witnesses who may testify on your behalf no later than two weeks before the scheduled hearing. FURTHER that the Clerk shall cause a copy of this Order along with a copy of the Courts Default Judgment and Permanent Injunction (ECF No. [14]) to be sent by registered or certified mail to the individuals listed above. Signed by JUDGE LORETTA C. BIGGS on 10/10/2019. (Attachments: # (1) Default Judgment and Permanent Injunction) (Daniel, J) |
| Oct 10, 2019 | 28 | Default Judgment and Permanent Injunction (6) |
| Oct 10, 2019 | 29 | Main Document (3) Docket Text:ORDER TO SHOW CAUSE as to JOSIAH MAGNUSON to appear before the undersigned United States District Court Judge on 11/6/2019 at 2:00 p.m., in Courtroom 1 of the Hiram H. Ward Federal Courthouse, 251 North Main Street, Winston-Salem, North Carolina, to show cause why you should not be held in Contempt of Court for having violated this Court's Default Judgment and Permanent Injunction dated and filed October 16, 2017 (ECF No. [14]) in the above captioned case. A copy of said Order is attached hereto. FURTHER that any attorney representing you in this matter must enter a written notice of appearance no later than one week before the scheduled hearing. You shall file any documentary evidence no later than two weeks before the scheduled hearing, under seal if appropriate. If you intend to call witnesses, you shall file a list of any witnesses who may testify on your behalf no later than two weeks before the scheduled hearing. FURTHER that the Clerk shall cause a copy of this Order along with a copy of the Courts Default Judgment and Permanent Injunction (ECF No. [14]) to be sent by registered or certified mail to the individuals listed above. Signed by JUDGE LORETTA C. BIGGS on 10/10/2019. (Attachments: # (1) Default Judgment and Permanent Injunction) (Daniel, J) |
| Oct 10, 2019 | 29 | Default Judgment and Permanent Injunction (6) |
| Oct 10, 2019 | 30 | Main Document (3) Docket Text:ORDER TO SHOW CAUSE as to CENTURY SLATE AND TILE to appear before the undersigned United States District Court Judge on 11/6/2019 at 2:00 p.m., in Courtroom 1 of the Hiram H. Ward Federal Courthouse, 251 North Main Street, Winston-Salem, North Carolina, to show cause why you should not be held in Contempt of Court for having violated this Court's Default Judgment and Permanent Injunction dated and filed October 16, 2017 (ECF No. [14]) in the above captioned case. A copy of said Order is attached hereto. FURTHER that any attorney representing you in this matter must enter a written notice of appearance no later than one week before the scheduled hearing. You shall file any documentary evidence no later than two weeks before the scheduled hearing, under seal if appropriate. If you intend to call witnesses, you shall file a list of any witnesses who may testify on your behalf no later than two weeks before the scheduled hearing. FURTHER that the Clerk shall cause a copy of this Order along with a copy of the Courts Default Judgment and Permanent Injunction (ECF No. [14]) to be sent by registered or certified mail to the individuals listed above. Signed by JUDGE LORETTA C. BIGGS on 10/10/2019. (Attachments: # (1) Default Judgment and Permanent Injunction) (Daniel, J) |
| Oct 10, 2019 | 30 | Default Judgment and Permanent Injunction (6) |
| Feb 22, 2019 | 21 | Affidavit in Support of Motion (6) Docket Text: SUPPLEMENTAL DECLARATION of MIKE TENOEVER filed by THE CENTURY SLATE CO. re: [15] MOTION for Order to Show Cause. (PARSONS, GAVIN) Modified text on 2/22/2019 to match document filed. (Daniel, J) |
| Feb 22, 2019 | 22 | Main Document (8) Docket Text: SECOND SUPPLEMENTAL DECLARATION of DAVID E. BENNETT filed by THE CENTURY SLATE CO. in Support re: [15] MOTION for Order to Show Cause. (Attachments: # (1) Exhibit 23 - ICANN Registration centuryslateandsolar.com, # (2) Exhibit 24 - ICANN Registration centuryslateandsolarsc.com, # (3) Exhibit 25 - ICANN Registration centuryslateco.com, # (4) Exhibit 26 - Screenshots 1-23-19 www.centuryslateco.com, # (5) Exhibit 27 - Magnuson Profile SC Legislature, # (6) Exhibit 28 - Magnuson Ethics Filing 2017, # (7) Exhibit 29 - Magnuson Ethics Filing 2018, # (8) Exhibit 30 - Magnuson LinkedIn Profile, # (9) Exhibit 31 - Cease & Desist Ltr to Magnuson)(PARSONS, GAVIN) Modified text on 2/22/2019 to match document filed. (Daniel, J) |
| Feb 22, 2019 | 22 | Exhibit 23 - ICANN Registration centuryslateandsolar.com (6) |
| Feb 22, 2019 | 22 | Exhibit 24 - ICANN Registration centuryslateandsolarsc.com (6) |
| Feb 22, 2019 | 22 | Exhibit 25 - ICANN Registration centuryslateco.com (7) |
| Feb 22, 2019 | 22 | Exhibit 26 - Screenshots 1-23-19 www.centuryslateco.com (9) |
| Feb 22, 2019 | 22 | Exhibit 27 - Magnuson Profile SC Legislature (2) |
| Feb 22, 2019 | 22 | Exhibit 28 - Magnuson Ethics Filing 2017 (3) |
| Feb 22, 2019 | 22 | Exhibit 29 - Magnuson Ethics Filing 2018 (5) |
| Feb 22, 2019 | 22 | Exhibit 30 - Magnuson LinkedIn Profile (3) |
| Feb 22, 2019 | 22 | Exhibit 31 - Cease & Desist Ltr to Magnuson (3) |
| Feb 22, 2019 | 23 | Supplement (5) Docket Text: NOTICE by Plaintiff THE CENTURY SLATE CO. of SUPPLEMENTAL Filings re: [15] MOTION for Order to Show Cause. (Docs. [22] SECOND SUPPLEMENTAL DECLARATION of DAVID E. BENNETT and [21] SUPPLEMENTAL DECLARATION of MIKE TENOEVER) (PARSONS, GAVIN) Modified text on 2/22/2019 to match document filed. (Daniel, J) |
| Jan 2, 2019 | N/A | Motions Submitted (0) Docket Text: Motion Submitted: [15] MOTION for Order to Show Cause to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Jan 2, 2019 | 20 | Notice of Withdrawal and Substitution of Counsel (2) Docket Text: NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff THE CENTURY SLATE CO.. ANTHONY JOSEPH BILLER is substituted as counsel for Plaintiff. Attorney ANTHONY JOSEPH BILLER terminated. (BILLER, ANTHONY) |
| Dec 24, 2018 | 19 | Notice of Attorney Appearance (2) Docket Text: NOTICE of Appearance by attorney GAVIN B. PARSONS on behalf of Plaintiff THE CENTURY SLATE CO. (PARSONS, GAVIN) |
| Dec 7, 2018 | 15 | Motion for Order to Show Cause (6) Docket Text: MOTION for Order to Show Cause by THE CENTURY SLATE CO.. Response to Motion due by 12/28/2018 (BENNETT, DAVID) |
| Dec 7, 2018 | 16 | Main Document (16) Docket Text: MEMORANDUM filed by Plaintiff THE CENTURY SLATE CO. re [15] MOTION for Order to Show Cause filed by THE CENTURY SLATE CO.. (Attachments: # (1) Appendix Summerville v Local 77, # (2) Appendix Cree Inc v Bain, # (3) Appendix Slate v Byrd)(BENNETT, DAVID) |
| Dec 7, 2018 | 16 | Appendix Summerville v Local 77 (7) |
| Dec 7, 2018 | 16 | Appendix Cree Inc v Bain (4) |
| Dec 7, 2018 | 16 | Appendix Slate v Byrd (7) |
| Dec 7, 2018 | 17 | Main Document (5) Docket Text: AFFIDAVIT in Support re [15] MOTION for Order to Show Cause filed by THE CENTURY SLATE CO.. Response to Motion due by 12/21/2018 (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2)(BENNETT, DAVID) |
| Dec 7, 2018 | 17 | Exhibit Exhibit 1 (4) |
| Dec 7, 2018 | 17 | Exhibit Exhibit 2 (5) |
| Dec 7, 2018 | 18 | Main Document (5) Docket Text: AFFIDAVIT in Support re [15] MOTION for Order to Show Cause filed by THE CENTURY SLATE CO.. Response to Motion due by 12/21/2018 (Attachments: # (1) Exhibit Exhibit 13, # (2) Exhibit Exhibit 14, # (3) Exhibit Exhibit 15, # (4) Exhibit Exhibit 16, # (5) Exhibit Exhibit 17, # (6) Exhibit Exhibit 18, # (7) Exhibit Exhibit 19, # (8) Exhibit Exhibit 20, # (9) Exhibit Exhibit 21, # (10) Exhibit Exhibit 22)(BENNETT, DAVID) |
| Dec 7, 2018 | 18 | Exhibit Exhibit 13 (9) |
| Dec 7, 2018 | 18 | Exhibit Exhibit 14 (3) |
| Dec 7, 2018 | 18 | Exhibit Exhibit 15 (2) |
| Dec 7, 2018 | 18 | Exhibit Exhibit 16 (2) |
| Dec 7, 2018 | 18 | Exhibit Exhibit 17 (2) |
| Dec 7, 2018 | 18 | Exhibit Exhibit 18 (2) |
| Dec 7, 2018 | 18 | Exhibit Exhibit 19 (13) |
| Dec 7, 2018 | 18 | Exhibit Exhibit 20 (23) |
| Dec 7, 2018 | 18 | Exhibit Exhibit 21 (29) |
| Dec 7, 2018 | 18 | Exhibit Exhibit 22 (3) |
| Oct 16, 2017 | 14 | Default Judgment (6) Docket Text: DEFAULT JUDGMENT is entered in favor of Plaintiff and against Defendants, Detail Slate and Tile, LLC and David Zimmer, jointly and severally, in the amount of $25,071.42, which represents an award of $10,000 in statutory damages pursuant to 15 U. S. C. § 1117(d), and $15,071.42 in reasonable attorneys' fees pursuant to 15 U.S.C. § 1117(a). Defendants, and those acting in concert with them or on their behalf, are permanently enjoined from using the names "Century Slate" and "Century Slate and Solar," or other mark or trade name confusingly similar to Plaintiff's mark, in connection with the offering of roofing or related services. Defendants are permanently enjoined from using the domain name "www.centuryslateandsolar" or any other URL including the string "centuryslate" to promote and advertise roofing services. The cost of this action shall be taxed against the Defendants. Signed by JUDGE LORETTA C. BIGGS on 10/16/2017. (Daniel, J) |
| Aug 7, 2017 | N/A | Motions Submitted (0) Docket Text: Motions Submitted: [11] MOTION for Default Judgment as to Detail Slate and Tile LLC and David Zimmer to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Aug 4, 2017 | 11 | Motion for Default Judgment (4) Docket Text: MOTION for Default Judgment as to Detail Slate and Tile LLC and David Zimmer by THE CENTURY SLATE CO.. (BENNETT, DAVID) |
| Aug 4, 2017 | 12 | Memorandum (17) Docket Text: MEMORANDUM filed by Plaintiff THE CENTURY SLATE CO. re [11] MOTION for Default Judgment as to Detail Slate and Tile LLC and David Zimmer filed by THE CENTURY SLATE CO.. (BENNETT, DAVID) |
| Aug 4, 2017 | 13 | Main Document (6) Docket Text: AFFIDAVIT of David E. Bennett filed by Plaintiff THE CENTURY SLATE CO. re [11] MOTION for Default Judgment as to Detail Slate and Tile LLC and David Zimmer filed by THE CENTURY SLATE CO.. Response to Motion due by 8/18/2017 (Attachments: # (1) Exhibit 1 Century Slate and Solar Webpages, # (2) Exhibit 2 Inspection Report OSHA, # (3) Exhibit 3 Marsceau Letter April 26, # (4) Exhibit 4 Marsceau Email 4.26.17, # (5) Exhibit 5 Marsceau Letter 5.24.16, # (6) Exhibit 6 Whitmore email 4.27-17, # (7) Exhibit 7 Whitmore reply Letter 5.24, # (8) Exhibit 8 June 2, 2016 Letter to other registered agent, # (9) Exhibit 9 Lt to Marsceau re lawsuit 3.17.17, # (10) Exhibit 10 Marsceau email of 3.23.17, # (11) Exhibit 11 Billable Fees., # (12) Exhibit 12 AIPLA 2015 Report of the Economic Survey)(BENNETT, DAVID) |
| Aug 4, 2017 | 13 | Exhibit 1 Century Slate and Solar Webpages (2) |
| Aug 4, 2017 | 13 | Exhibit 2 Inspection Report OSHA (1) |
| Aug 4, 2017 | 13 | Exhibit 3 Marsceau Letter April 26 (3) |
| Aug 4, 2017 | 13 | Exhibit 4 Marsceau Email 4.26.17 (1) |
| Aug 4, 2017 | 13 | Exhibit 5 Marsceau Letter 5.24.16 (1) |
| Aug 4, 2017 | 13 | Exhibit 6 Whitmore email 4.27-17 (1) |
| Aug 4, 2017 | 13 | Exhibit 7 Whitmore reply Letter 5.24 (1) |
| Aug 4, 2017 | 13 | Exhibit 8 June 2, 2016 Letter to other registered agent (2) |
| Aug 4, 2017 | 13 | Exhibit 9 Lt to Marsceau re lawsuit 3.17.17 (1) |
| Aug 4, 2017 | 13 | Exhibit 10 Marsceau email of 3.23.17 (1) |
| Aug 4, 2017 | 13 | Exhibit 11 Billable Fees. (1) |
| Aug 4, 2017 | 13 | Exhibit 12 AIPLA 2015 Report of the Economic Survey (3) |
| Jun 30, 2017 | 10 | Order on Motion for Entry of Default (1) Docket Text: ENTRY OF DEFAULT as to Defendants, Detail Slate and Tile, LLC. and David Zimmer pursuant to the Fed. R. Civ. P. 55(a). Signed by GLORIA L. POWELL, Chief Deputy Clerk on 6/30/2017. (Daniel, J) |
| Jun 29, 2017 | 9 | Main Document (3) Docket Text: MOTION for Entry of Default by THE CENTURY SLATE CO.. (Attachments: # (1) Exhibit A Entry of Default)(BENNETT, DAVID) |
| Jun 29, 2017 | 9 | Exhibit A Entry of Default (1) |
| Jun 5, 2017 | 8 | Affidavit of Service (2) Docket Text: AFFIDAVIT OF SERVICE as to DETAIL SLATE AND TILE, LLC served on 6/5/2017, answer due 6/26/2017; DAVID ZIMMER served on 6/5/2017, answer due 6/26/2017. (BENNETT, DAVID) |
| Mar 29, 2017 | 6 | Main Document (2) Docket Text: Summons Issued as to DETAIL SLATE AND TILE, LLC, DAVID ZIMMER. (Attachments: # (1) Summons to David Zimmer) (Garland, Leah) |
| Mar 29, 2017 | 6 | Summons to David Zimmer (2) |
| Mar 29, 2017 | 7 | Main Document (1) Docket Text: Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # (1) Magistrate Judge Consent Form) (Garland, Leah) |
| Mar 29, 2017 | 7 | Magistrate Judge Consent Form (1) |
| Mar 9, 2017 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) |
| Mar 9, 2017 | N/A | Case Assigned (0) Docket Text: Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAGISTRATE JUDGE L. PATRICK AULD. Set flag for Magistrate Judge L. Patrick Auld. (Coyne, Michelle) |
| Mar 8, 2017 | 1 | Main Document (10) Docket Text: COMPLAINT against DETAIL SLATE AND TILE, LLC, DAVID ZIMMER (Filing fee $ 400 receipt number 0418-2084235), filed by THE CENTURY SLATE CO. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit 1 NC TM Reg. no. T-22221, # (3) Exhibit 2 TM Reg no. 5,130,802, # (4) Exhibit 3 Whois Century Slate and Solar, # (5) Exhibit Summons to Detail Slate and Tile, # (6) Exhibit Summons to David Zimmer)(BENNETT, DAVID) Modified on 3/8/2017 to correct party names. (Sheets, Jamie) |
| Mar 8, 2017 | 1 | Civil Cover Sheet (1) |
| Mar 8, 2017 | 1 | Exhibit 1 NC TM Reg. no. T-22221 (2) |
| Mar 8, 2017 | 1 | Exhibit 2 TM Reg no. 5,130,802 (1) |
| Mar 8, 2017 | 1 | Exhibit 3 Whois Century Slate and Solar (2) |
| Mar 8, 2017 | 1 | Exhibit Summons to Detail Slate and Tile (2) |
| Mar 8, 2017 | 1 | Exhibit Summons to David Zimmer (2) |
| Mar 8, 2017 | 2 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Appearance by attorney DAVID E. BENNETT on behalf of Plaintiff THE CENTURY SLATE CO. (BENNETT, DAVID) |
| Mar 8, 2017 | 3 | Description not available (2) Docket Text: CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff THE CENTURY SLATE CO. (BENNETT, DAVID) |
| Mar 8, 2017 | 4 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Appearance by attorney ANTHONY JOSEPH BILLER on behalf of Plaintiff THE CENTURY SLATE CO. (BILLER, ANTHONY) |
