Case number 2:18-cv-02589
Valero Marketing and Supply Company v. Two Brothers Distributing Incorporated et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 25, 2022 | 4 | Main Document (12) Docket Text: MOTION for Preliminary Injunction by Valero Marketing and Supply Company. (Wolf, Jeffrey) (Attachments: # (1) Exhibit, # (2) Text of Proposed Order)(KEP) |
| Aug 25, 2022 | 4 | Exhibit (38) |
| Aug 25, 2022 | 4 | Text of Proposed Order (1) |
| Jan 31, 2020 | 41 | Consent Judgment (1) Docket Text: STIPULATED JUDGMENT - Judgment is entered in favor of Plaintiff Valero Marketing and Supply Company and against Defendant Two Brothers Distributing, Inc. in the principal amount of $227,779.34, plus post-judgment interest at the prevailing rate until paid in full, with each party to bear its own attorneys' fees and costs. Signed by Judge Susan M Brnovich on 1/30/20. (DXD) |
| Jan 30, 2020 | 40 | Exhibit proposed judgment (2) |
| Jan 30, 2020 | 40 | Main Document (2) Docket Text: STIPULATION for Entry of Final Judgment by Valero Marketing and Supply Company. (Attachments: # (1) Exhibit proposed judgment)(Wolf, Jeffrey) |
| Jan 22, 2020 | 39 | Response to Motion for Summary Judgment (3) Docket Text: RESPONSE to Motion re: [37] MOTION for Summary Judgment /Plaintiff Valero Marketing and Supply Company's Motion for Summary Judgment filed by Two Brothers Distributing Incorporated. (Hammond, Kurt) |
| Dec 12, 2019 | 38 | Exhibit (10) |
| Dec 12, 2019 | 38 | Exhibit (5) |
| Dec 12, 2019 | 38 | Main Document (5) Docket Text: STATEMENT OF FACTS re: [37] MOTION for Summary Judgment /Plaintiff Valero Marketing and Supply Company's Motion for Summary Judgment by Plaintiff Valero Marketing and Supply Company. (Attachments: # (1) Exhibit, # (2) Exhibit)(Wolf, Jeffrey) |
| Dec 12, 2019 | 37 | Motion for Summary Judgment (8) Docket Text: MOTION for Summary Judgment /Plaintiff Valero Marketing and Supply Company's Motion for Summary Judgment by Valero Marketing and Supply Company. (Wolf, Jeffrey) |
| Dec 12, 2019 | 36 | Notice of Appearance/Association of Counsel (2) Docket Text: NOTICE of Appearance by Amy Robyn Levine on behalf of Valero Marketing and Supply Company. (Levine, Amy) |
| Dec 6, 2019 | N/A | Telephone Conference (0) Docket Text: MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Telephone Conference held on 12/6/2019. Plaintiff orally moves to file a motion for summary judgment before a trial date is set. Defendants have no objection. Motion is granted. Plaintiff to file a motion for summary judgment by 12/13/2019. Court will reset the trial conference after the ruling on the motion. APPEARANCES: Telephonic appearance by Jeffrey Wolf for Plaintiff. Telephonic appearance by Kurt Hammond for Defendants (Court Reporter Elaine Cropper.) Hearing held 8:46 AM to 8:52 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) |
| Oct 15, 2019 | N/A | Set/Reset Hearings (0) Docket Text: MINUTE ORDER: Telephone Trial Conference reset for 15 minutes on 12/6/2019 at 08:45 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) |
| Feb 4, 2019 | 33 | Scheduling Order (5) Docket Text: CASE MANAGEMENT ORDER: Discovery due by 7/1/2019. Dispositive motions due by 11/1/2019. Telephone Trial Conference set for 11/15/2019 at 09:30 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Signed by Judge Susan M Brnovich on 2/4/2019. (TCA) |
| Jan 28, 2019 | 32 | Rule 26(f) Report re MIDP (8) Docket Text: Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiff Valero Marketing and Supply Company. (Orne, Kyle) |
| Jan 24, 2019 | 31 | Order on Motion to Withdraw as Attorney (1) Docket Text: ORDER granting [30] Motion to Withdraw as Attorney. Attorney Scott Michael Zerlaut terminated. Signed by Judge Susan M Brnovich on 1/24/2019. (TCA) |
| Jan 9, 2019 | 30 | Text of Proposed Order (1) |
| Jan 9, 2019 | 30 | Main Document (3) Docket Text: *MOTION to Withdraw as Attorney by Two Brothers Distributing Incorporated. (Attachments: # (1) Text of Proposed Order)(Zerlaut, Scott) *Modified to remove filers on 1/10/2019 (DXD). |
| Jan 8, 2019 | 29 | Notice of Service of Responses to Mandatory Initial Discovery (2) Docket Text: NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Two Brothers Distributing Incorporated. (Hammond, Kurt) |
| Jan 3, 2019 | 28 | Notice of Service of Responses to Mandatory Initial Discovery (2) Docket Text: NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Valero Marketing and Supply Company. (Orne, Kyle) |
| Dec 20, 2018 | 27 | Order (6) Docket Text: ORDER: A Telephonic Scheduling Conference set for 2/6/2019 at 08:30 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Signed by Judge Susan M Brnovich on 12/20/2018. (TCA) |
| Dec 6, 2018 | N/A | Add and Terminate Judges (0) Docket Text: MINUTE ORDER: This case is reassigned to Judge Susan M Brnovich. All future filings shall reflect the following case number: CV-18-2589-PHX-SMB. Any deadlines and/or hearings are AFFIRMED unless reset by separate order. Judge Susan M Brnovich added. Judge John J Tuchi no longer assigned to case. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) |
| Dec 6, 2018 | 25 | Minute Order (2) Docket Text: MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading [24] has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document. If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header (DXD) |
| Dec 4, 2018 | 24 | Answer to Amended Complaint (5) Docket Text: *ANSWER to [21] Amended Complaint with Jury Demand by Two Brothers Distributing Incorporated. (Hammond, Kurt) *Document not in Compliance with LRCiv 7.1(c). Attorney Notified on 12/6/2018 (DXD). |
| Nov 27, 2018 | 23 | Notice of Filing - Copyright, Trademark or Patent Information (2) Docket Text: NOTICE of Filing - Copyright, Trademark or Patent Information filed by Valero Marketing and Supply Company. (Orne, Kyle) |
| Nov 21, 2018 | 22 | Minute Order (1) Docket Text: MINUTE ORDER: Supplemental Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. An answer, amended complaint, or other pleading [21] has been filed that may include additional trademarks, patents, or copyrights allegedly violated that were not previously included. Attached to this docket entry are the required form(s) that may need to be completed by the party who filed the above document. If your recently filed pleading adds or changes information related to the original patents, trademarks, or copyright allegations, please complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, you must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If there are no changes to the copyright, trademark, or patent information previously submitted for this case, then the party who filed the above document must file a Notice, within seven (7) days, indicating such using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header (DXD) |
| Nov 20, 2018 | 21 | Exhibit Exhibits A-F (152) |
| Nov 20, 2018 | 21 | Main Document (9) Docket Text: AMENDED COMPLAINT First Amended Complaint against Two Brothers Distributing Incorporated filed by Valero Marketing and Supply Company. (Attachments: # (1) Exhibit Exhibits A-F)(Wolf, Jeffrey) |
| Nov 19, 2018 | N/A | Notice of Deficiency (Text Only) (0) Docket Text: NOTICE TO FILER OF DEFICIENCY re: [19] Notice of Filing - Amended Pleading (LRCiv 15.1(b)). Document not in compliance with LRCiv 15.1(b) - The amending party must file the amended complaint after filing the notice of amended with the strike-out version. FOLLOW-UP ACTION REQUIRED: Please file amended complaint using Amended Pleading and Service / Amended Complaint category. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
| Nov 19, 2018 | 19 | Exhibit Exhibits A-B (26) |
| Nov 19, 2018 | 19 | Main Document (2) Docket Text: NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Valero Marketing and Supply Company Notice of Filing First Amended Complaint. (Attachments: # (1) Exhibit Exhibits A-B)(Wolf, Jeffrey) |
| Oct 10, 2018 | 18 | Permanent Injunction (9) Docket Text: PERMANENT INJUNCTION ON CONSENT - Defendants and all agents, officers, employees, representatives, successors, assigns, attorneys, and all other persons acting for, with, by, through or under authority from Defendants, or in concert or participation with Defendants, and each of them, are hereby enjoined permanently from using the Valero Marks, any colorable imitations thereof, or any other trademark, service mark, name, logo, design, or identifying characteristics of the Valero system, including but not limited to photographs of Valero products, on or in connection with Defendants' services that is likely to cause confusion, mistake, deception, or public misunderstanding that Defendants or their businesses are licensed, endorsed, or approved by or affiliated with Plaintiff. Except as to Defendants' obligations set forth in this Consent Judgment, Plaintiff's claims for injunctive relief are hereby dismissed with prejudice. No appeals shall be taken from this Consent Judgment, and Plaintiff and Defendants hereby waive all right to appeal from or to request reconsideration of this Consent Judgment. This Court shall retain jurisdiction over this matter to, among other things enforce a violation of this Consent Judgment's terms. The Motion for Preliminary Injunction (Doc. [4]) is denied as moot. Signed by Judge John J Tuchi on 10/10/18. (DXD) |
| Oct 9, 2018 | N/A | Telephone Conference (0) Docket Text: MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephone Conference held on 10/9/2018. Discussion held re: Joint Notice of Lodging Permanent Injunction on Consent [14]. Formal Order to follow. APPEARANCES: Telephonic appearance by Kyle Orne and Jeffrey Wolf for Plaintiff. Telephonic appearance by Scott Zerlaut for Defendants. (Court Reporter Elaine Cropper.) Hearing held 3:35 PM to 3:44 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) |
| Oct 5, 2018 | 16 | Notice of Appearance/Association of Counsel (3) Docket Text: NOTICE of Appearance by Scott Michael Zerlaut on behalf of Two Brothers Distributing Incorporated, Two Brothers III Incorporated, Two Brothers IX Incorporated, Two Brothers VI Incorporated, Two Brothers VII Incorporated, Two Brothers X Incorporated. (Zerlaut, Scott) |
| Oct 5, 2018 | 15 | Order (1) Docket Text: ORDER: IT IS HEREBY ORDERED setting a telephonic hearing on the Joint Notice (Doc. [14]) for Tuesday, October 9, 2018, at 3:30 p.m. in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Chambers will email dial-in instructions to counsel. IT IS FURTHER ORDERED that since there has been no appearance on the docket for Defendants, Plaintiff's counsel shall contact and coordinate a conference call with the responsible participants. Signed by Judge John J Tuchi on 10/4/18. (JAMA) |
| Oct 2, 2018 | 14 | Text of Proposed Order Permanent Injunction on Consent (10) |
| Oct 2, 2018 | 14 | Main Document (3) Docket Text: NOTICE re: Joint Notice of Lodging Permanent Injunction on Consent by Valero Marketing and Supply Company . (Attachments: # (1) Text of Proposed Order Permanent Injunction on Consent)(Wolf, Jeffrey) |
| Aug 29, 2018 | 13 | Service Executed (3) Docket Text: SERVICE EXECUTED filed by Valero Marketing and Supply Company: Acceptance of Service re: Summons, Complaint, Motion for Preliminary Injunction, Plaintiff's Corporate Disclosure, Notice to Parites-Mandatory Initial Discovery Pilot Project, Order Re Motions to Dismiss and Order Re Briefing Schedule for Motion for Preliminary Injunction upon Two Brothers Distributing, Inc., Two Brothers III, Inc., Two Brothers VI, Inc., Two Brothers VII, Inc, Two Brothers IX, Inc., and Two Brothers X, Inc. on August 29, 2018. (Wolf, Jeffrey) |
| Aug 23, 2018 | 12 | Order (1) Docket Text: ORDER: IT IS ORDERED that Plaintiff shall serve a copy of the Complaint (Doc. [1]), the Motion (Doc. [4]), and this Order on Defendants as soon as possible, and in any case, by the end of the day on August 31, 2018. Plaintiff shall file a certificate of service on the docket within three days of service. (See attached Order for additional deadlines and details). Signed by Judge John J Tuchi on 8/22/18. (JAMA) |
| Aug 21, 2018 | 11 | Notice of Filing - Copyright, Trademark or Patent Information (2) Docket Text: NOTICE of Filing - Copyright, Trademark or Patent Information filed by Valero Marketing and Supply Company. (Wolf, Jeffrey) |
| Aug 16, 2018 | 10 | Order (2) Docket Text: ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on November 14, 2018. (See attached Order). Signed by Judge John J Tuchi on 8/16/18. (JAMA) |
| Aug 16, 2018 | 9 | Order (2) Docket Text: ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 8/16/18. (JAMA) |
| Aug 16, 2018 | 8 | Notice re Mandatory Initial Discovery Pilot (MIDP) (12) Docket Text: NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (KEP) |
| Aug 16, 2018 | 7 | Initial Request for Copyright, Trademark, or Patent Information (2) Docket Text: MINUTE ORDER: Request for Copyright, Trademark, or Patent Information. This case has been designated as a copyright, trademark, or patent case. The Clerk's Office is required to provide information to the Patent and Trademark Office and/or Copyright Office regarding this case. Attached to this docket entry are the required form(s) that must be completed. Plaintiff shall complete the form that is applicable to this particular case. In some cases, you may need to complete both forms. Within seven (7) days, Plaintiff must submit the required form(s) to the Clerk's Office. Please complete the form and file it with the Court using the specific event: Notice of Filing - Copyright, Trademark or Patent Information, found under the Other Filings header. Please DO NOT mail the form directly to the Patent or Copyright Office. The Clerk's Office will submit the form. If neither form is required for this case, please file a notice indicating the reason the form is not necessary and use the event listed above. This form must be updated if additional patents, copyrights, or trademarks are alleged in a responsive pleading (KEP) |
| Aug 16, 2018 | 6 | Summons (2) |
| Aug 16, 2018 | 6 | Summons (2) |
| Aug 16, 2018 | 6 | Summons (2) |
| Aug 16, 2018 | 6 | Summons (2) |
| Aug 16, 2018 | 6 | Summons (2) |
| Aug 16, 2018 | 6 | Main Document (2) Docket Text: Summons Issued as to Two Brothers Distributing Incorporated, Two Brothers III Incorporated, Two Brothers IX Incorporated, Two Brothers VI Incorporated, Two Brothers VII Incorporated, Two Brothers X Incorporated. (Attachments: # (1) Summons, # (2) Summons, # (3) Summons, # (4) Summons, # (5) Summons)(KEP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Aug 15, 2018 | 5 | New Case Opened (1) Docket Text: Filing fee paid, receipt number 0970-15848231. This case has been assigned to the Honorable John J. Tuchi. All future pleadings or documents should bear the correct case number: CV-18-2589-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KEP) |
| Aug 15, 2018 | 3 | Corporate Disclosure Statement (2) Docket Text: Corporate Disclosure Statement by Valero Marketing and Supply Company. (Wolf, Jeffrey) (KEP) |
| Aug 15, 2018 | 2 | Summons (2) |
| Aug 15, 2018 | 2 | Summons (2) |
| Aug 15, 2018 | 2 | Summons (2) |
| Aug 15, 2018 | 2 | Summons (2) |
| Aug 15, 2018 | 2 | Summons (2) |
| Aug 15, 2018 | 2 | Main Document (2) Docket Text: SUMMONS Submitted by Valero Marketing and Supply Company. (Wolf, Jeffrey) (Attachments: # (1) Summons, # (2) Summons, # (3) Summons, # (4) Summons, # (5) Summons)(KEP) |
| Aug 15, 2018 | 1 | Exhibit H-I (32) |
| Aug 15, 2018 | 1 | Exhibit E-G (52) |
| Aug 15, 2018 | 1 | Exhibit C-D (68) |
| Aug 15, 2018 | 1 | Exhibit A-B (35) |
| Aug 15, 2018 | 1 | Civil Cover Sheet (2) |
| Aug 15, 2018 | 1 | Main Document (12) Docket Text: COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15848231 filed by Valero Marketing and Supply Company. (Wolf, Jeffrey) (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit A-B, # (3) Exhibit C-D, # (4) Exhibit E-G, # (5) Exhibit H-I)(KEP) |
