Overstock.com v. Nomorerack.com

Federal Civil Lawsuit Utah District Court, Case No. 2:13-cv-01095
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Last Updated August 3, 2017 at 11:35 PM EDT (8 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
Overstock.com, Inc. Overstock.com, Inc., Plaintiff
Officially listed as "Overstock.com"
Officer/Director, Kirkland's, Inc.

Represented by PARSONS BEHLE & LATIMER (UT)

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Nicole G. Farrell +1 801 532 1234
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael L. Larsen +1 801 532 1234
ATTORNEY TO BE NOTICED Juliette P. White +1 801 532 1234

Represented by Wrona, Gordon, & Dubois, P.c.

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Joseph M. Stultz +1 435 649 2525
v.
No Logo Nomorerack.com, Defendant

Represented by Odin Feldman & Pittleman PC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Jonathan David Frieden +1 703 218 2100 jonathan.frieden@ofplaw.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Leigh Murray Winstead +1 703 218 2155 leigh.winstead@ofplaw.com

Represented by PARR BROWN GEE & LOVELESS

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Stephen E.W. Hale +1 801 532 7840
Attributes
Timeline
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Legal Document (Payment Possibly Required) 80 Filed: 3/5/2015, Entered: None
Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office (blh) (Entered: 03/05/2015)
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Legal Document (Payment Possibly Required) 79 Filed: 3/5/2015, Entered: None Order Dismissing Case
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Legal Document (Payment Possibly Required) 78 Filed: 3/5/2015, Entered: None Dismiss
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Legal Document (Payment Possibly Required) 77 Filed: 2/26/2015, Entered: None Court Filing
DOCKET TEXT ORDER FINDING AS MOOT 71 Motion to Expedite. Signed by Magistrate Judge Evelyn J. Furse on 2/26/2015. No attached document. (lnp) (Entered: 02/26/2015)
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Legal Document (Payment Possibly Required) 76 Filed: 2/25/2015, Entered: None
NOTICE of Withdrawal of Overstock.com's Short Form Discovery Motion by Overstock.com re 70 Plaintiff's MOTION for Discovery and Memorandum in Support MOTION to Expedite Consideration of the Short Form Discovery Motion and Memorandum in Support (White, Juliette) Modified on 2/26/2015 to change text document should have been filed as a withdrawal of motion. Per this doc 70 has been terminated. (ss). (Entered: 02/25/2015)
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Legal Document (Payment Possibly Required) 75 Filed: 2/11/2015, Entered: None Court Filing
AMENDED NOTICE OF TELEPHONIC HEARING ON MOTION re: 71 MOTION to Expedite Consideration for Overstock's Short Form Discovery Motion and Memorandum in Support : (Notice generated by EJF Chambers) Motion Hearing reset for 2/26/2015 at 03:00 PM before Magistrate Judge Evelyn J. Furse. Response DUE 2/25/2015. Counsel to use same conference call information emailed on 2/9/2015. (lnp) (Entered: 02/11/2015)
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Legal Document (Payment Possibly Required) 74 Filed: 2/11/2015, Entered: None Order on Motion to Continue
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Legal Document (Payment Possibly Required) 73 Filed: 2/10/2015, Entered: None Continue
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Legal Document (Payment Possibly Required) 72 Filed: 2/9/2015, Entered: None Court Filing
NOTICE OF TELEPHONIC HEARING ON MOTION re: 71 MOTION to Expedite Consideration for Overstock's Short Form Discovery Motion and Memorandum in Support, 70 Plaintiff's MOTION for Discovery and Memorandum in Support MOTION to Expedite Consideration of the Short Form Discovery Motion and Memorandum in Support : (Notice generated by EJF Chambers). Motion Hearing set for 2/13/2015 at 02:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Response, if any, DUE 2/12/2015. Counsel to be contacted by email with conference call details. (lnp) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 71 Filed: 2/6/2015, Entered: None Expedite
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Legal Document (Payment Possibly Required) 70 Filed: 2/6/2015, Entered: None Expedite
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Legal Document (Payment Possibly Required) 69 Filed: 2/4/2015, Entered: None Order on Motion for Issuance of Letters Rogatory
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Legal Document (Payment Possibly Required) 68 Filed: 2/2/2015, Entered: None Letters Rogatory
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Legal Document (Payment Possibly Required) 67 Filed: 1/23/2015, Entered: None
REPLY to Response to Motion re 62 MOTION for Issuance of Letters Rogatory filed by Plaintiff Overstock.com. (Attachments: # 1 Exhibit A - First Supplemental Responses and Objections to Plaintiff's Second Set of Discovery Requests to Defendant)(Farrell, Nicole) (Entered: 01/23/2015)
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Legal Document (Payment Possibly Required) 66 Filed: 1/21/2015, Entered: None
Defendant's MEMORANDUM in Opposition re 62 MOTION for Issuance of Letters Rogatory to Serve Out-of-Country Subpoenas filed by Defendant Nomorerack.com. (Attachments: # 1 Exhibit A)(Winstead, Leigh) (Entered: 01/21/2015)
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Legal Document (Payment Possibly Required) 65 Filed: 1/19/2015, Entered: None Order
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Legal Document (Payment Possibly Required) 64 Filed: 1/16/2015, Entered: None
CLERK'S NOTICE OF ERROR re 62 MOTION to Expedite. Description of error: Two Motions to Expedite were filed at entries 62 and 63. The Clerk has changed the motion relief on entry 62 to Motion for Issuance of Letters Rogatory. (blh) (Entered: 01/16/2015)
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Legal Document (Payment Possibly Required) 63 Filed: 1/16/2015, Entered: None Expedite
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Legal Document (Payment Possibly Required) 62 Filed: 1/16/2015, Entered: None Expedite
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Legal Document (Payment Possibly Required) 61 Filed: 9/17/2014, Entered: None Order on Motion for Scheduling Order
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Legal Document (Payment Possibly Required) 60 Filed: 9/5/2014, Entered: None Amend/Correct
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Legal Document (Payment Possibly Required) 59 Filed: 8/18/2014, Entered: None Court Filing
Minute Entry for Telephonic proceedings held before Magistrate Judge Evelyn J. Furse: Status Conference held on 8/18/2014. Counsel present telephonically. Court hears from counsel regarding the status of the meet and confer progress. Counsel to contact chambers if an additional hearing is necessary. Attorney for Plaintiff: Juliette P. White, Attorney for Defendant: Jonathan D. Frieden. Court Reporter: Electronic.(Time Start: 3:34:27, Time End: 3:49:20, Room 7.4.) (lnp) (Entered: 08/20/2014)
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Legal Document (Payment Possibly Required) 58 Filed: 8/1/2014, Entered: None Court Filing
Minute Order. TELEPHONIC Proceedings held before Magistrate Judge Evelyn J. Furse: Motion Hearing held on 8/1/2014 re 55 MOTION for Discovery MOTION to Expedite Judge's Consideration Requested filed by Overstock.com. After hearing from counsel, the court GRANTS 55 Motion for Discovery and GRANTS 55 Motion to Expedite as stated on the record. Court sets a Telephone Status Conference for 8/18/2014 03:30 PM before Magistrate Judge Evelyn J. Furse. Counsel to use same conference call information. Attorney for Plaintiff: Juliette P. White, Attorney for Defendant Jonathan D. Frieden. Court Reporter: Electronic.(Time Start: 2:33:03, Time End: 3:52:38, Room 7.4.) (lnp) (Entered: 08/01/2014)
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Legal Document (Payment Possibly Required) 57 Filed: 7/31/2014, Entered: None Court Filing
MEMORANDUM in Opposition re 55 MOTION for Discovery MOTION to Expedite Judge's Consideration Requested filed by Defendant Nomorerack.com. (Winstead, Leigh) (Entered: 07/31/2014)
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Legal Document (Payment Possibly Required) 56 Filed: 7/30/2014, Entered: None Court Filing
NOTICE OF TELEPHONIC HEARING ON MOTION re: 55 MOTION for Discovery MOTION to Expedite Judge's Consideration Requested : (Notice generated by EJF Chambers) Motion Hearing set for 8/1/2014 02:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. Response due Thursday, 7/31/2014 by 1:00 PM. Counsel to be contacted by email with conference call information Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (lnp) (Entered: 07/30/2014)
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Legal Document (Payment Possibly Required) 55 Filed: 7/28/2014, Entered: None Expedite
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Legal Document (Payment Possibly Required) 54 Filed: 6/30/2014, Entered: None Court Filing
MEMORANDUM DECISION and Order-denying 29 Motion for Preliminary Injunction and granting 47 Motion for Leave to File Surreply. Signed by Judge Ted Stewart on 6/30/14. (jmr) (Entered: 06/30/2014)
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Legal Document (Payment Possibly Required) 53 Filed: 6/23/2014, Entered: None Court Filing
Minute Entry for proceedings held before Judge Ted Stewart: Motion Hearing held on 6/23/2014 re 29 SEALED MOTION for Preliminary Injunction filed by Overstock.com. The Court requests that the parties do not argue the evidentiary issues. Discussion and argument heard. The Court takes the matter under advisement and will issue a ruling as soon as possible. Attorney for Plaintiff: Juliette White, Nicole Farrell, Attorney for Defendant: Jonathan Frieden, Stephen Hale. Court Reporter: Patti Walker. (rlr) (Entered: 06/24/2014)
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Legal Document (Payment Possibly Required) 52 Filed: 6/19/2014, Entered: None
REPLY to Response to Motion re 47 MOTION for Leave to File Surreply in Opposition to Motion for Preliminary Injunction and Memorandum in Support filed by Defendant Nomorerack.com. (Attachments: # 1 Exhibit A)(Winstead, Leigh) (Entered: 06/19/2014)
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Legal Document (Payment Possibly Required) 51 Filed: 6/18/2014, Entered: None
NOTICE of Filing by Nomorerack.com re 36 Redacted Document, (Attachments: # 1 Exhibit Corrected Exhibit A) (Winstead, Leigh) (Entered: 06/18/2014)
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Legal Document (Payment Possibly Required) 50 Filed: 6/17/2014, Entered: None
RESPONSE to Motion re 47 MOTION for Leave to File Surreply in Opposition to Motion for Preliminary Injunction and Memorandum in Support filed by Plaintiff Overstock.com. (White, Juliette) (Entered: 06/17/2014)
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Legal Document (Payment Possibly Required) 49 Filed: 6/13/2014, Entered: None Court Filing
AMENDED NOTICE OF HEARING ON MOTION re: 47 MOTION for Leave to File Surreply in Opposition to Motion for Preliminary Injunction and Memorandum in Support , 29 SEALED MOTION for Preliminary Injunction : (Notice generated by Chambers) Motion Hearing re-set for 6/23/2014 10:00 AM in Rm 8.300 before Judge Ted Stewart. ***PLEASE NOTE NEW DATE***Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (tco) (Entered: 06/13/2014)
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Legal Document (Payment Possibly Required) 48 Filed: 6/10/2014, Entered: None
Motions No Longer Referred: 47 MOTION for Leave to File Surreply in Opposition to Motion for Preliminary Injunction and Memorandum in Support (tco) (Entered: 06/10/2014)
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Legal Document (Payment Possibly Required) 47 Filed: 6/9/2014, Entered: None
MOTION for Leave to File Surreply in Opposition to Motion for Preliminary Injunction and Memorandum in Support filed by Defendant Nomorerack.com. (Attachments: # 1 Exhibit Exhibit 1 to Motion for Leave to File Surreply, # 2 Exhibit Exhibit 2 to Motion for Leave to File Surreply) Motions referred to Evelyn J. Furse.(Winstead, Leigh) (Entered: 06/09/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 5/30/2014, Entered: None
NOTICE of Change of Address by Stephen E.W. Hale (Hale, Stephen) (Entered: 05/30/2014)
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Sealed Legal Document 45 Filed: 5/27/2014, Entered: None
**SEALED DOCUMENT** Sealed Exhibits to Overstock.com's 41 Reply Memorandum/Reply to Response to Motion for Preliminary Injunction filed by Plaintiff Overstock.com. (Attachments: # 1 Exhibit B - Second Declaration of Stormy Simon, # 2 Exhibit C - Excerpts of Deposition of Vishal Agrawal) (blh) (Entered: 05/28/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 5/23/2014, Entered: None
CERTIFICATE OF SERVICE by Overstock.com re 41 Reply Memorandum/Reply to Response to Motion,,,, (White, Juliette) (Entered: 05/23/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 5/23/2014, Entered: None
DECLARATION of Juliette P. White re 41 Reply Memorandum/Reply to Response to Motion,,,, Regarding the Need to File Certain Exhibits to Overstock's Reply Memorandum in Support of Preliminary Injunction Under Seal filed by Overstock.com. (White, Juliette) (Entered: 05/23/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 5/23/2014, Entered: None
NOTICE OF CONVENTIONAL FILING of of Certain Exhibits to Overstock.com's Reply Memorandum in Support of Preliminary Injunction filed by Plaintiff Overstock.com re 41 Reply Memorandum/Reply to Response to Motion,,,, for Preliminary Injunction (White, Juliette) (Entered: 05/23/2014)
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Sealed Legal Document 41 Filed: 5/23/2014, Entered: None
REPLY to Response to Motion re 29 SEALED MOTION for Preliminary Injunction filed by Plaintiff Overstock.com. (Attachments: # 1 Exhibit A Second Declaration of Roshelle Bartholomew, # 2 Exhibit B Second Declaration of Stormy Simon [Filed Under Seal], # 3 Exhibit C Excerpts of Deposition of Vishal Agrawal [Filed Under Seal], # 4 Exhibit D First Complaint and Amended Complaint, # 5 Exhibit E Second Declaration of E. Glen Nickle, # 6 Exhibit F Second Declaration of John Paul Knab, # 7 Exhibit G Excerpts of Deposition of Daniel DePina, # 8 Exhibit H March 27, 2014 Letter from Nicole Farrell to Nomorerack counsel with document production; E-mails from Janet Lewis and Micah Martin to Nicole Farrell, # 9 Exhibit I Resubmission of Examples of Nomorerack Ads with Metadata)(White, Juliette) Modified on 5/23/2014" cleaned up text (alt) (Entered: 05/23/2014)
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Legal Document (Payment Possibly Required) 40 Filed: 5/23/2014, Entered: None
DECLARATION of Jonathan D. Frieden re 36 Redacted Document filed by Nomorerack.com. (Frieden, Jonathan) (Entered: 05/23/2014)
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Legal Document (Payment Possibly Required) 39 Filed: 5/23/2014, Entered: None
REDACTION to 36 Redacted Document Defendant Nomorerack.com, Inc.'s Notice of Filing by Defendant Nomorerack.com. (Attachments: # 1 Exhibit C, Exhibits 34-49 - Redacted)(Frieden, Jonathan) (Entered: 05/23/2014)
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Legal Document (Payment Possibly Required) 38 Filed: 5/23/2014, Entered: None
REDACTION to 36 Redacted Document Defendant Nomorerack.com, Inc.'s Notice of Filing by Defendant Nomorerack.com. (Attachments: # 1 Exhibit Exhibit C, Exhibits 1-33 - Redacted)(Frieden, Jonathan) (Entered: 05/23/2014)
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Legal Document (Payment Possibly Required) 37 Filed: 5/23/2014, Entered: None
REDACTION to 36 Redacted Document Defendant Nomorerack.com, Inc.'s Notice of Filing by Defendant Nomorerack.com. (Attachments: # 1 Exhibit Exhibit Index, # 2 Exhibit A - Redacted, # 3 Exhibit B, # 4 Exhibit D - Redacted, # 5 Exhibit E - Redacted, # 6 Exhibit F - Redacted, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Frieden, Jonathan) (Entered: 05/23/2014)
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Legal Document (Payment Possibly Required) 36 Filed: 5/23/2014, Entered: None
REDACTION to 34 Defendant Nomorerack.com, Inc.'s Brief in Opposition to Plaintiff's Motion for Preliminary Injunction by Defendant Nomorerack.com. (Frieden, Jonathan) Modified by creating docket entry relationship on 6/10/2014 (tls). (Entered: 05/23/2014)
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Legal Document (Payment Possibly Required) 35 Filed: 5/13/2014, Entered: None Court Filing
NOTICE OF HEARING ON MOTION re: 29 *SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support : (Notice generated by Chambers (rlr)). Motion Hearing set for 6/30/2014 10:00 AM in Rm 8.300 before Judge Ted Stewart. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (rlr) (Entered: 05/13/2014)
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Sealed Legal Document 34 Filed: 5/9/2014, Entered: None
**SEALED DOCUMENT** SEALED BRIEF IN OPPOSITION TO 29 SEALED MOTION for Preliminary Injunction, filed by Defendant Nomorerack.com. (Attachments: # 1 Exhibit Index, # 2 Exhibit A - Declaration of Vishal Agrawal, # 3 Exhibit B - Declaration of Daniel Depina, # 4 Exhibit C - Declaration of Leigh Winstead, Exhibits 1-42, # 5 Exhibit C - Declaration of Leigh Winstead, Exhibits 43-49, # 6 Exhibit D - Excerpts of Deposition of Seth Moore, # 7 Exhibit E - Excerpts of Deposition of John Paul Knab, # 8 Exhibit F - Excerpts of Deposition of Stormy Simon, # 9 Exhibit G - Plaintiff's Initial Disclosures, # 10 Exhibit H - Plaintiff's Responses to Defendant's First Set of Interrogatories (without AEO attachment), # 11 Exhibit I - Subpoena Duces Tecum to Janet Lewis) (blh) Modified on 5/23/2014: clarified text (alt) (Entered: 05/12/2014)
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Legal Document (Payment Possibly Required) 33 Filed: 5/9/2014, Entered: None
NOTICE OF CONVENTIONAL FILING of Brief in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Defendant Nomorerack.com (Winstead, Leigh) (Entered: 05/09/2014)
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Legal Document (Payment Possibly Required) 32 Filed: 5/9/2014, Entered: None
Modification of Docket: Error: Pleading is a redacted document filed as a motion which created duplicate pending motions. Correction: Added entry error and redacted text to docket, terminated duplicate pending motion re 31 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support . All Redacted Pleadings should be filed using "Redacted Document" event. (tls) (Entered: 05/09/2014)
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Legal Document (Payment Possibly Required) 31 Filed: 5/8/2014, Entered: None
***ENTRY ERROR*** Pleading is a redacted document filed as a motion, which is a duplicate of sealed entry 29 . Plaintiff's Redacted MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Overstock.com. (Attachments: # 1 Exhibit A - Declaration of Stormy Simon, # 2 Exhibit B - Declaration of E. Glen Nickle, # 3 Exhibit C - Declaration of Seth Moore, # 4 Exhibit D - Declaration of John Paul Knab, # 5 Exhibit E - Answers to Discovery Requests, # 6 Exhibit F- Answer to First Amended Complaint, # 7 Exhibit G - Declaration of Roshelle Bartholomew, # 8 Exhibit H - Excerpts of Deposition of Vishal Arawal, # 9 Exhibit I - Excerpts of Deposition of Dan DePina, # 10 Exhibit J - Excerpts of Deposition of Rohit Lalwani, # 11 Exhibit K - Examples of Nomorerack Advertisements, # 12 Exhibit L - Better Business Bureau Complaint by Sandra Baker McKeon, # 13 Exhibit M - Declaration of Krysta Pecharich, # 14 Exhibit N - Nomorerack Consumer E-mails Evidencing Confusion, # 15 Exhibit O - Declaration of Janet Lewis, # 16 Exhibit P - Declaration of Micah Martin)(Farrell, Nicole) Modified by adding entry error text and creating docket entry relationship on 5/9/2014 (tls). (Entered: 05/08/2014)
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Legal Document (Payment Possibly Required) 30 Filed: 4/30/2014, Entered: None
Motions No Longer Referred: 29 *SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support*SEALED DOCUMENT* SEALED MOTION and Memorandum in Support (tco) (Entered: 04/30/2014)
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Sealed Legal Document 29 Filed: 4/25/2014, Entered: None
*SEALED DOCUMENT* SEALED MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Overstock.com. Motions referred to Evelyn J. Furse.(ss) (Additional attachment(s) added on 4/30/2014: # 1 Exhibit Exh A, # 2 Exhibit Exh B, # 3 Exhibit Exh D, # 4 Exhibit Exh D, # 5 Exhibit Exh E, # 6 Exhibit Exh G, # 7 Exhibit Exh G, # 8 Exhibit Exh H, # 9 Exhibit Exh I, # 10 Exhibit exh J, # 11 Exhibit exh K, # 12 Exhibit Exh L, # 13 Exhibit Exh M, # 14 Exhibit exh N, # 15 Exhibit, # 16 Exhibit Exh P) (ss). Modified on 5/23/2014: added text re relief requested (alt) (Entered: 04/30/2014)
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Sealed Legal Document 28 Filed: 4/25/2014, Entered: None
**SEALED DOCUMENT** filed by Plaintiff Overstock.com. (ss) (Entered: 04/30/2014)
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Legal Document (Payment Possibly Required) 27 Filed: 4/25/2014, Entered: None
NOTICE OF CONVENTIONAL FILING of Motion for and Memorandum in Support of Preliminary Injuction filed by Plaintiff Overstock.com (White, Juliette) (Entered: 04/25/2014)
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Legal Document (Payment Possibly Required) 26 Filed: 3/13/2014, Entered: None
**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal Service of Subpoena served on Walter Brewster on 03/06/2014, filed by Plaintiff Overstock.com. (Attachments: # 1 Exhibit A - Affidavit of Service)(Farrell, Nicole) (Entered: 03/13/2014)
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Legal Document (Payment Possibly Required) 25 Filed: 3/11/2014, Entered: None Court Filing
DOCKET TEXT ORDER - The court orders the parties to follow the Short Form Discovery Motion procedure as outlined in the attached document in this case for all discovery disputes. Signed by Magistrate Judge Evelyn J. Furse on 3/11/2014. (lnp) (Entered: 03/11/2014)
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Legal Document (Payment Possibly Required) 24 Filed: 3/5/2014, Entered: None Court Filing
SCHEDULING ORDER: Initial Pretrial Conference set for 3/12/14 vacated. Amended Pleadings due by 5/1/2014. Joinder of Parties due by 5/1/2014. Discovery due by 12/1/2014. Motions due by 12/15/2014. Final Pretrial Conference set for 5/4/2015 02:30 PM in Rm 8.300 before Judge Ted Stewart. Seven Day Jury Trial set for 5/18/2015 08:30 AM in Rm 8.300 before Judge Ted Stewart. Signed by Magistrate Judge Evelyn J. Furse on 3/5/14. (ss) (Entered: 03/05/2014)
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Legal Document (Payment Possibly Required) 23 Filed: 2/25/2014, Entered: None
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Nomorerack.com. (Hale, Stephen) (Entered: 02/25/2014)
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Legal Document (Payment Possibly Required) 22 Filed: 2/20/2014, Entered: None
REPORT OF ATTORNEY PLANNING MEETING. (White, Juliette) (Entered: 02/20/2014)
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Legal Document (Payment Possibly Required) 21 Filed: 2/18/2014, Entered: None
NOTICE of Plaintiff Overstock.com's Corporate Disclosure Statement by Overstock.com (Farrell, Nicole) (Entered: 02/18/2014)
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Legal Document (Payment Possibly Required) 20 Filed: 2/7/2014, Entered: None Court Filing
NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Jennifer Stout, IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact chambers at least two days in advance at utdecf_furse@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 3/12/2014 10:00 AM in Room 477 before Magistrate Judge Evelyn J. Furse. (jds) (Entered: 02/07/2014)
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Legal Document (Payment Possibly Required) 19 Filed: 2/7/2014, Entered: None
NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (ss) (Entered: 02/07/2014)
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Legal Document (Payment Possibly Required) 18 Filed: 2/7/2014, Entered: None
NOTICE OF ADR, e-mailed or mailed to Defendant Nomorerack.com, Plaintiff Overstock.com. (ss) (Entered: 02/07/2014)
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Legal Document (Payment Possibly Required) 17 Filed: 1/28/2014, Entered: None Court Filing
ORDER granting 14 Motion for Admission Pro Hac Vice of Leigh Murray Winstead for Nomorerack.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Ted Stewart on 01/28/2014. (tls) (Entered: 01/28/2014)
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Legal Document (Payment Possibly Required) 16 Filed: 1/28/2014, Entered: None Court Filing
ORDER granting 13 Motion for Admission Pro Hac Vice of Jonathan D. Frieden for Nomorerack.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Ted Stewart on 01/28/14. (tls) (Entered: 01/28/2014)
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Legal Document (Payment Possibly Required) 15 Filed: 1/27/2014, Entered: None
ANSWER to 4 Amended Complaint filed by Nomorerack.com.(Hale, Stephen) (Entered: 01/27/2014)
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Legal Document (Payment Possibly Required) 14 Filed: 1/27/2014, Entered: None
MOTION for Admission Pro Hac Vice of Leigh Murray Winstead and Consent of Local Counsel, Registration fee $ 15, receipt number 1088-1986701, filed by Defendant Nomorerack.com. (Attachments: # 1 Exhibit A - Application for Admission Pro Hac Vice, # 2 Exhibit B - Electronic Case Filing Registration Form, # 3 Text of Proposed Order)(Hale, Stephen) (Entered: 01/27/2014)
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Legal Document (Payment Possibly Required) 13 Filed: 1/27/2014, Entered: None
MOTION for Admission Pro Hac Vice of Jonathan D. Frieden and Consent of Counsel, Registration fee $ 15, receipt number 1088-1986676, filed by Defendant Nomorerack.com. (Attachments: # 1 Exhibit A - Application for Admission Pro Hac Vice, # 2 Exhibit B - Electronic Case filing Registration Form, # 3 Text of Proposed Order C - Order for Pro Hac Vice Admission)(Hale, Stephen) (Entered: 01/27/2014)
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Legal Document (Payment Possibly Required) 12 Filed: 1/23/2014, Entered: None Court Filing
ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Ted Stewart on 1/23/2014. (tco) (Entered: 01/23/2014)
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Legal Document (Payment Possibly Required) 11 Filed: 1/23/2014, Entered: None Court Filing
After review of this case, Case Reassigned to District Judge per _10____ Order. Case randomly assigned to Judge Ted Stewart. Magistrate Judge Paul M. Warner no longer assigned to the case. (las) (Entered: 01/23/2014)
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Legal Document (Payment Possibly Required) 10 Filed: 1/23/2014, Entered: None Court Filing
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Plaintiff has filed 9 REQUEST for Scheduling Conference to Consider Expedited Discovery and Briefing on a Motion for Preliminary Injunction. Because Defendant has not yet appeared in this case, consent to the jurisdiction of a magistrate judge by all parties is not immediately feasible. Furthermore, Plaintiff has indicated its intention to seek preliminary injunctive relief, which would render this case ineligible for magistrate judge consent. Accordingly, the court orders reassignment of this case to a district judge. Signed by Magistrate Judge Paul M. Warner on 01/23/2014. (docket text order; no attached document) (jcd) (Entered: 01/23/2014)
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Legal Document (Payment Possibly Required) 9 Filed: 1/22/2014, Entered: None
REQUEST for Scheduling Conference to Consider Expedited Discovery and Briefing on a Motion for Preliminary Injunction filed by Plaintiff Overstock.com. (Farrell, Nicole) (Entered: 01/22/2014)
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Legal Document (Payment Possibly Required) 8 Filed: 1/22/2014, Entered: None
NOTICE of Appearance by Nicole G. Farrell on behalf of Overstock.com (Farrell, Nicole) (Entered: 01/22/2014)
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Legal Document (Payment Possibly Required) 7 Filed: 1/8/2014, Entered: None
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Overstock.com as to All Plaintiffs. (Attachments: # 1 Exhibit Court Issued Summons)(White, Juliette) (Entered: 01/08/2014)
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Legal Document (Payment Possibly Required) 6 Filed: 1/3/2014, Entered: None
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Nomorerack.com. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (blh) (Entered: 01/03/2014)
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Legal Document (Payment Possibly Required) 5 Filed: 12/30/2013, Entered: None
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Nomorerack.com. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (blh) (Entered: 12/30/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 12/30/2013, Entered: None
AMENDED COMPLAINT against Nomorerack.com with Jury Demand., filed by Overstock.com. (White, Juliette) (Entered: 12/30/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 12/13/2013, Entered: None
Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: # 1 Complaint) (amw) (Entered: 12/13/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 12/12/2013, Entered: None Court Filing
COMPLAINT against Nomorerack.com (Filing fee $ 400, receipt number 1088-1962292 (25DGSIEM)), filed by Overstock.com. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A-Overstock.com Registered Trademarks, # 3 Exhibit B-Overstock.com Letters to Nomorerack.com) Assigned to Magistrate Judge Paul M. Warner (White, Juliette) Modified by adding correct receipt number on 12/13/2013 (amw). (Entered: 12/12/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 12/12/2013, Entered: None Court Filing
Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiff Overstock.com is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (amw) (Entered: 12/12/2013)
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