MARKET AMERICA, INC. v. OPTIHEALTH PRODUCTS, INC. et al

Plaintiff:MARKET AMERICA, INC.
Defendant:OPTIHEALTH PRODUCTS, INC. and RUSSELL DICKSON
 
Case Number:1:2007cv00855
Filed:November 8, 2007
 
Court:North Carolina Middle District Court
Office:Durham Office [ Court Info ]
County:Guilford
Presiding Judge: UNASSIGNED
Referring Judge:MAG/JUDGE RUSSELL A. ELIASON
 
Nature of Suit:Intellectual Property - Trademark
Cause:15:1051 Trademark Infringement
Jurisdiction:Federal Question
Jury Demanded By:None
Date Filed # Docket Text
November 8, 2007 1 CIVIL COVER SHEET, filed by OPTIHEALTH PRODUCTS, INC., RUSSELL DICKSON.(STAFFORD, MARK) (Entered: November 8, 2007)
November 8, 2007 2 PETITION FOR REMOVAL from Guilford County Superior Court, case number 07 CVS 10687. Filing fee $ 350 receipt number 04180000000000381447, filed by OPTIHEALTH PRODUCTS, INC., RUSSELL DICKSON. (Attachments: # 1 Exhibit A)(STAFFORD, MARK) (Entered: November 8, 2007)
November 8, 2007 3 Corporate Disclosure Statement by OPTIHEALTH PRODUCTS, INC. (STAFFORD, MARK) (Entered: November 8, 2007)
November 8, 2007 4 MOTION to Dismiss for Lack of Jurisdiction by OPTIHEALTH PRODUCTS, INC., RUSSELL DICKSON. Responses due by 11/28/2007 (STAFFORD, MARK) (Entered: November 8, 2007)
November 8, 2007 5 MEMORANDUM filed by Defendants OPTIHEALTH PRODUCTS, INC., RUSSELL DICKSON re 4 MOTION to Dismiss for Lack of Jurisdiction filed by OPTIHEALTH PRODUCTS, INC., RUSSELL DICKSON. (Attachments: # 1 Exhibit 1)(STAFFORD, MARK) (Entered: November 8, 2007)
November 8, 2007 6 AFFIDAVIT in Support re 4 MOTION to Dismiss for Lack of Jurisdiction filed by RUSSELL DICKSON. Replies due by 11/28/2007. (STAFFORD, MARK) (Entered: November 8, 2007)
November 8, 2007 7 COMPLAINT against all defendants, filed by MARKET AMERICA, INC. (State court document filed in Guilford County Superior Court, listed as Exhibit A in the Petition for Removal)(McClain, Abby) (Entered: November 8, 2007)
November 8, 2007 8 Summons Issued as to OPTIHEALTH PRODUCTS, INC., RUSSELL DICKSON. (State court document filed in Guilford County Superior Court, summons issued 10/02/2007, listed as Exhibit A in the Petition for Removal) (McClain, Abby) (Entered: November 8, 2007)
November 8, 2007 9 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (McClain, Abby) (Entered: November 8, 2007)
November 8, 2007 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 form directory for a list of mediators which must be served on all parties. (McClain, Abby) (Entered: November 8, 2007)
November 8, 2007 CASE REFERRED to Standing Order 30 (McClain, Abby) (Entered: November 9, 2007)
November 9, 2007 10 ECF 30 Day Notice as to Attorney CHARLES ANDREW WATTLEWORTH. (McClain, Abby) (Entered: November 9, 2007)
November 29, 2007 12 Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Dismiss for Lack of Jurisdiction by MARKET AMERICA, INC. Responses due by 12/31/2007 (Attachments: # 1 Text of Proposed Order Proposed Order)(MILLEN, PRESSLY) Modified on 11/30/2007 to remove punctuation (Lee, Lisa). (Entered: November 29, 2007)
December 4, 2007 ***Motions Referred: 12 Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Dismiss for Lack of Jurisdiction to MAG/JUDGE RUSSELL A. ELIASON- (Williamson, Wanda) (Entered: December 4, 2007)
December 4, 2007 13 ORDER signed by Mag/Judge RUSSELL A. ELIASON on 12/4/07 granting 12 Motion for Extension of Time to File Response/Reply re 4 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 12/31/2007. (Wilson, JoAnne) (Entered: December 4, 2007)
December 20, 2007 14 Consent MOTION for Protective Order by MARKET AMERICA, INC. Responses due by 1/12/2008 (Attachments: # 1 Text of Proposed Order Proposed Protective Order, # 2 Exhibit A to Proposed Protective Order)(MILLEN, PRESSLY) (Entered: December 20, 2007)
December 27, 2007 ***Motions Referred: 14 Consent MOTION for Protective Order to MAG/JUDGE RUSSELL A. ELIASON- (Williamson, Wanda) (Entered: 12/27/2007)
December 27, 2007 15 Notice to Parties RE: SO30. Responses due by 1/28/2008 (McCarty, Dianne) (Entered: December 27, 2007)
January 2, 2008 16 PROTECTIVE ORDER Upon Consent signed by MAG/JUDGE RUSSELL A. ELIASON on 1/2/2008. (See paragraphs 1 through 19 for the provisions of this order) (Lee, Lisa) (Entered: January 2, 2008)
January 2, 2008 17 SUPPLEMENTAL PROTECTIVE ORDER signed by MAG/JUDGE RUSSELL A. ELIASON on 1/2/2008. The parties have entered into a stipulated protective order concerning the handling and use of documents and depositions in this case. In approving the stipulated protective order, the Court orders the parties to follow these additional procedures. (Lee, Lisa) (Entered: January 2, 2008)
January 4, 2008 18 Consent MOTION of Plaintiff Market America to Enlarge the Time to Respond to Defenants' 4 MOTION to Dismiss and For Permission to File Under Seal; filed by MARKET AMERICA, INC. Responses due by 1/27/2008 (Attachments: # 1 Exhibit A to Market America's Motion to Enlarge Time, # 2 Text of Proposed Order Proposed Order to Enlarge Time) (MILLEN, PRESSLY) Modified on 1/7/2008 to reflect accurate title of pldg. (Lee, Lisa). (Entered: January 4, 2008)
January 7, 2008 ***Motions Referred: 18 Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Dismiss for Lack of Jurisdiction Consent Motion of Plaintiff Market America to Enlarge Time to Respond to Defendants' Motion to Dismiss and for Permission to File UnConsent MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Dismiss for Lack of Jurisdiction Consent Motion of Plaintiff Market America to Enlarge Time to Respond to Defendants' Motion to Dismiss and for Permission to File Un to MAG/JUDGE RUSSELL A. ELIASON- (Williamson, Wanda) (Entered: January 7, 2008)
January 7, 2008 19 ORDER signed by MAG/JUDGE RUSSELL A. ELIASON on 1/7/2008 that For good cause shown, Plaintiff Market America, Inc. is hereby granted permission to respond to Defendants' motion to dismiss to January 14, 2008 (or until the Court permits such filing) and allow Market America to file its brief and accompanying exhibits under seal, as described above in its Consent Motion and in accordance with the further procedural mandates of the Court's supplemental protective order. (Lee, Lisa) (Entered: January 7, 2008)
January 8, 2008 20 ***Sealed RESPONSE (Unredacted) Memorandum in Opposition to Defendants' Motion to Dismiss filed by Plaintiff MARKET AMERICA, INC. re 4 MOTION to Dismiss for Lack of Jurisdiction filed by RUSSELL DICKSON, OPTIHEALTH PRODUCTS, INC. filed by MARKET AMERICA, INC.. Replies due by 1/21/2008. (Attachments: # 1 (Unredacted) Declaration of Pressly M. Millen, # 2 Exhibit A to (Unredacted) Declaration of Pressly M. Millen, # 3 Exhibit B to (Unredacted) Declaration of Pressly M. Millen, # 4 Exhibit C to (Unredacted) Declaration of Pressly M. Millen, # 5 Exhibit D to (Unredacted) Declaration of Pressly M. Millen, # 6 Exhibit E to (Unredacted) Declaration of Pressly M. Millen) (MILLEN, PRESSLY) (Entered: January 8, 2008)
January 8, 2008 21 (REDACTED) MEMORANDUM in Opposition to 4 MOTION to Dismiss for Lack of Jurisdiction; filed by MARKET AMERICA, INC. Replies due by 1/21/2008. (Attachments: # 1 (Redacted) Declaration of Pressly M. Millen) (MILLEN, PRESSLY) Modified on 1/9/2008 to reflect accurate title of pldg. (Lee, Lisa). (Entered: January 8, 2008)
January 18, 2008 22 REPLY, filed by Defendants OPTIHEALTH PRODUCTS, INC., RUSSELL DICKSON, to Response to 4 MOTION to Dismiss for Lack of Jurisdiction filed by OPTIHEALTH PRODUCTS, INC., RUSSELL DICKSON. (STAFFORD, MARK) (Entered: January 18, 2008)
March 4, 2008 ***Motions Referred: 4 MOTION to Dismiss for Lack of Jurisdiction to MAG/JUDGE RUSSELL A. ELIASON- (Simmonds, Lisa) (Entered: 03/04/2008)
November 21, 2008 23 MEMORANDUM OPINION AND RECOMMENDED RULING - MAGISTRATE JUDGE signed by MAG/JUDGE RUSSELL A. ELIASON on 11/21/08 re 4 MOTION to Dismiss for Lack of Jurisdiction filed by RUSSELL DICKSON, OPTIHEALTH PRODUCTS, INC. be denied. (Wilson, JoAnne) (Entered: November 21, 2008)
November 21, 2008 24 Notice of Mailing Recommendation. Objections to R&R due by 12/11/2008 (Wilson, JoAnne) (Entered: November 21, 2008)
Docket Report Last Checked: December 8, 2008 13:26:32 PST
Search for this case: MARKET AMERICA, INC. v. OPTIHEALTH PRODUCTS, INC. et al
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Plaintiff: MARKET AMERICA, INC.
Represented By: PRESSLY MCAULEY MILLEN, CHARLES ANDREW WATTLEWORTH
Search Dockets[ Dockets ]
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance[ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Defendant: OPTIHEALTH PRODUCTS, INC.
Represented By: MARK ANDREW STAFFORD
Search Dockets[ Dockets ]
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance[ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Defendant: RUSSELL DICKSON
Represented By: MARK ANDREW STAFFORD
Search Dockets[ Dockets ]
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance[ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]