Anthem Sports, LLC et al v. Under the Weather, LLC et al

Federal Civil Lawsuit Connecticut District Court, Case No. 3:17-cv-00596
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Last Updated February 1, 2019 at 7:39 PM EST (6.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Anthem Sports, LLC, Plaintiff

Represented by PMB

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Charles I. Miller +1 860 656 6454 +1 860 656 6179 cm@lawofficecmiller.com
No Logo Griffin Global Products, LLC, Plaintiff

Represented by PMB

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Charles I. Miller +1 860 656 6454 +1 860 656 6179 cm@lawofficecmiller.com
v.
No Logo Eric Pescovitz, Defendant

Represented by Wiggin & Dana LLP

Name Phone Fax E-Mail
an individual Benjamin Michael Daniels +1 203 498 4400 bdaniels@wiggin.com
an individual Kevin M. Smith +1 203 498 4579 ksmith@wiggin.com
No Logo Under The Weather, LLC, Defendant

Represented by Wiggin & Dana LLP

Name Phone Fax E-Mail
Space Benjamin Michael Daniels +1 203 498 4400 bdaniels@wiggin.com
Space Kevin M. Smith +1 203 498 4579 ksmith@wiggin.com
Attributes
Timeline
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Legal Document (Payment Possibly Required) 71 Filed: 2/1/2019, Entered: None Stipulation of Dismissal
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Legal Document (Payment Possibly Required) 69 Filed: 1/25/2019, Entered: None extension of time
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Legal Document (Payment Possibly Required) 67 Filed: 12/17/2018, Entered: None Notice of Settlement
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Legal Document (Payment Possibly Required) 66 Filed: 12/10/2018, Entered: None Status Report
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Legal Document (Payment Possibly Required) 65 Filed: 11/12/2018, Entered: None Stipulation
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Legal Document (Payment Possibly Required) 63 Filed: 10/31/2018, Entered: None Stipulation
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Legal Document (Payment Possibly Required) 61 Filed: 10/15/2018, Entered: None Amend/Correct
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Legal Document (Payment Possibly Required) 60 Filed: 8/23/2018, Entered: None Response
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Legal Document (Payment Possibly Required) 58 Filed: 8/2/2018, Entered: None Status Report
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Legal Document (Payment Possibly Required) 57 Filed: 7/19/2018, Entered: None Claim Construction Statement
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Legal Document (Payment Possibly Required) 56 Filed: 6/12/2018, Entered: None Notice (Other)
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Legal Document (Payment Possibly Required) 55 Filed: 4/10/2018, Entered: None Response
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Legal Document (Payment Possibly Required) 53 Filed: 3/30/2018, Entered: None Amend/Correct
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Legal Document (Payment Possibly Required) 52 Filed: 3/20/2018, Entered: None Counterclaim
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Legal Document (Payment Possibly Required) 51 Filed: 3/6/2018, Entered: None Order on Motion to Dismiss
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Legal Document (Payment Possibly Required) 50 Filed: 10/12/2017, Entered: None Unknown Document TypeCourt Filing
ORDER. The 48 motion to modify the scheduling order is hereby GRANTED. If Defendants assert a claim for patent infringement, Defendants shall serve a Disclosure of Asserted Claims and Infringement Contentions within 28 days after the Court's ruling on the Defendants' second motion to dismiss, with Plaintiffs' Invalidity and Non-Infringement Contentions due within 45 days after service of Defendants' Disclosure of Asserted Claims and Infringement Contentions. If Defendants do not assert a claim for patent infringement, Plaintiffs' Invalidity and Non-Infringement Contentions are due within 28 days after the Court rules on Defendants' second motion to dismiss. Signed by Judge Michael P. Shea on 10/12/2017. (Howard, H.) (Entered: 10/12/2017)
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Legal Document (Payment Possibly Required) 49 Filed: 10/4/2017, Entered: 10/4/2017 Unknown Document Type
NOTICE of Appearance by Lisa Jeannine Moyles on behalf of Anthem Sports, LLC, Griffin Global Products, LLC (Moyles, Lisa)
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Legal Document (Payment Possibly Required) 48 Filed: 10/3/2017, Entered: 10/3/2017 Unknown Document Type
Joint MOTION to Amend/Correct 43 Order to Extend Certain Patent Deadlines by Anthem Sports, LLC, Griffin Global Products, LLC.Responses due by 10/24/2017 (Heard, Preston)
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Legal Document (Payment Possibly Required) 47 Filed: 9/28/2017, Entered: 9/28/2017 Unknown Document Type
REPLY to Response to 41 MOTION to Dismiss Plaintiffs' Second Amended Complaint Reply in Support of Defendants' Motion to Dismiss the Second Amended Complaint filed by Eric Pescovitz, Under the Weather, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Smith, Kevin)
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Legal Document (Payment Possibly Required) 46 Filed: 9/14/2017, Entered: None Unknown Document Type
Memorandum in Opposition re 41 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Anthem Sports, LLC, Griffin Global Products, LLC. (Attachments: # 1 Exhibit A - UTW v. Christmas Tree Shops complaint, # 2 Exhibit B - Newly Issued Patents, # 3 Exhibit C - July 27, 2017 Email between counsel, # 4 Exhibit D - "Knockoff" definitions)(Heard, Preston) (Entered: 09/14/2017)
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Legal Document (Payment Possibly Required) 45 Filed: 9/11/2017, Entered: None Unknown Document Type
CERTIFICATE OF GOOD STANDING re 42 MOTION for Attorney(s) Elizabeth A. Batts to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4515596) by Eric Pescovitz, Under the Weather, LLC. (Smith, Kevin) (Entered: 09/11/2017)
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Legal Document (Payment Possibly Required) 44 Filed: 8/31/2017, Entered: None Unknown Document Type
ORDER granting 42 Motion to Appear Pro Hac Vice as to Elizabeth A. Batts. Certificate of Good Standing due by 10/30/2017. Signed by Clerk on 08/31/2017. (Hernandez, T.) (Entered: 08/31/2017)
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Legal Document (Payment Possibly Required) 43 Filed: 8/29/2017, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER. Based on a review of the parties' 26(f) report, the Court orders the deadlines set forth in the attached. Signed by Judge Michael P. Shea on 8/29/2017. (Howard, H.) (Entered: 08/29/2017)
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Legal Document (Payment Possibly Required) 42 Filed: 8/29/2017, Entered: None Unknown Document Type
MOTION for Attorney(s) Elizabeth A. Batts to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4515596) by Eric Pescovitz, Under the Weather, LLC. (Attachments: # 1 Declaration of Elizabeth A. Batts in Support)(Smith, Kevin) (Entered: 08/29/2017)
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Legal Document (Payment Possibly Required) 41 Filed: 8/24/2017, Entered: None Unknown Document Type
MOTION to Dismiss Plaintiffs' Second Amended Complaint by Eric Pescovitz, Under the Weather, LLC.Responses due by 9/14/2017 (Attachments: # 1 Memorandum in Support of Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint)(Smith, Kevin) (Entered: 08/24/2017)
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Legal Document (Payment Possibly Required) 40 Filed: 8/24/2017, Entered: None Unknown Document Type
REPORT of Rule 26(f) Planning Meeting. (Heard, Preston) (Entered: 08/24/2017)
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Legal Document (Payment Possibly Required) 39 Filed: 8/14/2017, Entered: None Unknown Document TypeCourt Filing
ORDER. In light of the 38 amended complaint, the 23 motion to dismiss is DENIED as moot because it does not refer to the operative complaint. Signed by Judge Michael P. Shea on 8/14/2017. (Howard, H.) (Entered: 08/14/2017)
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Legal Document (Payment Possibly Required) 38 Filed: 8/11/2017, Entered: None Unknown Document Type
AMENDED COMPLAINT Second against All Defendants, filed by Anthem Sports, LLC, Griffin Global Products, LLC. (Attachments: # 1 Exhibit Ex A, # 2 Exhibit Ex B, # 3 Exhibit Ex C, # 4 Exhibit Ex D, # 5 Exhibit Ex E, # 6 Exhibit Ex F, # 7 Exhibit Ex G, # 8 Exhibit Ex H, # 9 Exhibit Ex I)(Miller, Charles) (Entered: 08/11/2017)
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Legal Document (Payment Possibly Required) 37 Filed: 7/28/2017, Entered: None Unknown Document TypeCourt Filing
ORDER. The consent motion for extension of time is GRANTED IN PART AND DENIED IN PART. Defendants have filed a 23 motion to dismiss Plaintiff's complaint for failure to state a claim. On or before August 17, 2017, Plaintiff shall either file a response to the motion or file an amended complaint in which Plaintiff pleads as many facts as possible, consistent with Rule 11, to address the alleged defects discussed in Defendants' memorandum of law. The Court will not allow further amendments after August 17, 2017. If Plaintiff chooses to amend and if Defendants renew their motion to dismiss, Defendants may incorporate by reference any prior briefing. Further, the parties shall file their 26(f) report in accordance with this Court's local rules on or before August 24, 2017. Signed by Judge Michael P. Shea on 7/28/2017. (Howard, H.) (Entered: 07/28/2017)
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Legal Document (Payment Possibly Required) 36 Filed: 7/26/2017, Entered: 7/26/2017 Unknown Document Type
Consent MOTION for Extension of Time to File Response/Reply (and to hold a Rule 26(f) Conference and submit a Rule 26(f) report) as to 23 MOTION to Dismiss First Amended Complaint until 08/02/2017 by Anthem Sports, LLC, Griffin Global Products, LLC. (Boaz, David)
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Legal Document (Payment Possibly Required) 35 Filed: 7/19/2017, Entered: 7/19/2017 Unknown Document Type
CERTIFICATE OF GOOD STANDING re 27 MOTION for Attorney(s) David R. Boaz to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4455432) by Anthem Sports, LLC, Griffin Global Products, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 34 Filed: 7/18/2017, Entered: 7/18/2017 Unknown Document Type
CERTIFICATE OF GOOD STANDING re 26 MOTION for Attorney(s) Barry J. Herman to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4455431) by Anthem Sports, LLC, Griffin Global Products, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 33 Filed: 7/18/2017, Entered: 7/18/2017 Unknown Document Type
CERTIFICATE OF GOOD STANDING re 28 MOTION for Attorney(s) Preston H. Heard to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4455433) by Anthem Sports, LLC, Griffin Global Products, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 32 Filed: 7/17/2017, Entered: None Unknown Document TypeCourt Filing
ORDER. The 31 motion for extension of time is hereby GRANTED. Plaintiff shall file a response to Defendants' motion to dismiss on or before July 26, 2017. Signed by Judge Michael P. Shea on 7/17/2017. (Howard, H.) (Entered: 07/17/2017)
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Legal Document (Payment Possibly Required) 31 Filed: 7/14/2017, Entered: 7/14/2017 Unknown Document Type
MOTION for Extension of Time until July 26, 2017 to Respond 23 MOTION to Dismiss First Amended Complaint by Anthem Sports, LLC, Griffin Global Products, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 30 Filed: 7/6/2017, Entered: 7/6/2017 Unknown Document Type
CERTIFICATE OF GOOD STANDING re 22 MOTION for Attorney(s) Liana W. Chen to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4450717) by Eric Pescovitz, Under the Weather, LLC. (Smith, Kevin)
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Legal Document (Payment Possibly Required) 29 Filed: 7/6/2017, Entered: 7/6/2017 Unknown Document Type
CERTIFICATE OF GOOD STANDING re 21 MOTION for Attorney(s) Jeffrey M. Rosenfeld to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4450710) by Eric Pescovitz, Under the Weather, LLC. (Smith, Kevin)
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Legal Document (Payment Possibly Required) 28 Filed: 7/1/2017, Entered: 7/1/2017 Unknown Document Type
MOTION for Attorney(s) Preston H. Heard to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4455433) by Anthem Sports, LLC, Griffin Global Products, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 27 Filed: 7/1/2017, Entered: 7/1/2017 Unknown Document Type
MOTION for Attorney(s) David R. Boaz to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4455432) by Anthem Sports, LLC, Griffin Global Products, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 26 Filed: 7/1/2017, Entered: 7/1/2017 Unknown Document Type
MOTION for Attorney(s) Barry J. Herman to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4455431) by Anthem Sports, LLC, Griffin Global Products, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 25 Filed: 6/29/2017, Entered: 6/29/2017 Unknown Document Type
CERTIFICATE OF GOOD STANDING re 20 MOTION for Attorney(s) Risto Pribisich to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4450696) by Eric Pescovitz, Under the Weather, LLC. (Smith, Kevin)
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Legal Document (Payment Possibly Required) 24 Filed: 6/29/2017, Entered: None Unknown Document Type
ORDER granting Risto Pribisich 20 Motion to Appear Pro Hac Vice. Certificate of Good Standing due by 8/28/2017. Signed by Clerk on 06/29/2017. (Hernandez, T.) Modified on 6/29/2017 to remove Document Number assigned and correct Attorney name ( Hernandez, T.). (Entered: 06/29/2017)
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Legal Document (Payment Possibly Required) 23 Filed: 6/28/2017, Entered: 6/28/2017 Unknown Document Type
MOTION to Dismiss First Amended Complaint by Eric Pescovitz, Under the Weather, LLC.Responses due by 7/19/2017 (Attachments: # 1 Memorandum in Support of Defendants' Motion to Dismiss, # 2 Request for Judicial Notice in Support of Defendants' Motion to Dismiss)(Smith, Kevin)
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Legal Document (Payment Possibly Required) 22 Filed: 6/28/2017, Entered: 6/28/2017 Unknown Document Type
MOTION for Attorney(s) Liana W. Chen to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4450717) by Eric Pescovitz, Under the Weather, LLC. (Attachments: # 1 Declaration in Support)(Smith, Kevin)
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Legal Document (Payment Possibly Required) 21 Filed: 6/28/2017, Entered: 6/28/2017 Unknown Document Type
MOTION for Attorney(s) Jeffrey M. Rosenfeld to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4450710) by Eric Pescovitz, Under the Weather, LLC. (Attachments: # 1 Declaration in Support)(Smith, Kevin)
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Legal Document (Payment Possibly Required) 20 Filed: 6/28/2017, Entered: 6/28/2017 Unknown Document Type
MOTION for Attorney(s) Risto Pribisich to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4450696) by Eric Pescovitz, Under the Weather, LLC. (Attachments: # 1 Declaration in Support of Motion)(Smith, Kevin)
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Legal Document (Payment Possibly Required) 19 Filed: 6/22/2017, Entered: None Unknown Document TypeCourt Filing
ORDER. The 17 consent motion for extension of time is hereby GRANTED. Defendants shall respond to the amended complaint on or before June 28, 2017. Signed by Judge Michael P. Shea on 6/22/2017. (Howard, H.) (Entered: 06/22/2017)
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Legal Document (Payment Possibly Required) 18 Filed: 6/21/2017, Entered: 6/21/2017 Unknown Document Type
Corporate Disclosure Statement by Under the Weather, LLC. (Smith, Kevin)
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Legal Document (Payment Possibly Required) 17 Filed: 6/21/2017, Entered: 6/21/2017 Unknown Document Type
Consent MOTION for Extension of Time until June 28, 2017 to Respond to the Amended Complaint by Eric Pescovitz, Under the Weather, LLC. (Smith, Kevin)
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Legal Document (Payment Possibly Required) 16 Filed: 6/21/2017, Entered: 6/21/2017 Unknown Document Type
NOTICE of Appearance by Benjamin M. Daniels on behalf of Eric Pescovitz, Under the Weather, LLC (Daniels, Benjamin)
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Legal Document (Payment Possibly Required) 15 Filed: 6/21/2017, Entered: 6/21/2017 Unknown Document Type
NOTICE of Appearance by Kevin M. Smith on behalf of Eric Pescovitz, Under the Weather, LLC (Smith, Kevin)
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Legal Document (Payment Possibly Required) 14 Filed: 6/1/2017, Entered: 6/1/2017 Unknown Document Type
AFFIDAVIT of Service for for Summons in a Civil Case, Civil Cover Sheet, First Amended Complaint for Declaratory, Injunctive, and Monetary Relief with Exhibits,Electronic Filing Order in Civil Cases, Notice to Counsel and Pro Se Parties, Order on Pretrial Deadlines, Standing Order in Patent Cases, Standing Protective Order, Anthem Sports, LLC's Rule 7.1 Corporate Disclosure Statement and Griiffin Global Products, LLC's Rule 7.1 Corporate Disclosure Statement served on Eric Pescovitz on 05/31/2017, filed by Anthem Sports, LLC, Griffin Global Products, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 13 Filed: 6/1/2017, Entered: 6/1/2017 Unknown Document Type
Second AFFIDAVIT of Service for Affidavit of Service for Summons in a Civil Case, Civil Cover Sheet, First Amended Complaint for Declaratory, Injunctive, and Monetary Relief with Exhibits,Electronic Filing Order in Civil Cases, Notice to Counsel and Pro Se Parties, Order on Pretrial Deadlines, Standing Order in Patent Cases, Standing Protective Order, Anthem Sports, LLC's Rule 7.1 Corporate Disclosure Statement and Griiffin Global Products, LLC's Rule 7.1 Corporate Disclosure Statement served on Under the Weather, LLC on 05/31/2017, filed by Anthem Sports, LLC, Griffin Global Products, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 12 Filed: 5/15/2017, Entered: 5/15/2017 Unknown Document Type
AFFIDAVIT of Service for Summons in a Civil Case, Civil Cover Sheet, First Amended Complaint for Declaratory, Injunctive, and Monetary Relief with Exhibits,Electronic Filing Order in Civil Cases, Notice to Counsel and Pro Se Parties, Order on Pretrial Deadlines, Standing Order in Patent Cases, Standing Protective Order, Anthem Sports, LLC's Rule 7.1 Corporate Disclosure Statement and Griiffin Global Products, LLC's Rule 7.1 Corporate Disclosure Statement served on Under the Weather, LLC on 05/09/2017, filed by Anthem Sports, LLC, Griffin Global Products, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 11 Filed: 4/13/2017, Entered: 4/13/2017 Unknown Document Type
Corporate Disclosure Statement by Griffin Global Products, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 10 Filed: 4/13/2017, Entered: 4/13/2017 Unknown Document Type
Corporate Disclosure Statement by Anthem Sports, LLC. (Miller, Charles)
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Legal Document (Payment Possibly Required) 9 Filed: 4/13/2017, Entered: 4/13/2017 Unknown Document Type
AMENDED COMPLAINT against All Defendants, filed by Anthem Sports, LLC, Griffin Global Products, LLC. (Attachments: # 1 Exhibit Ex A, # 2 Exhibit Ex B, # 3 Exhibit Ex C, # 4 Exhibit Ex D)(Miller, Charles)
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Legal Document (Payment Possibly Required) 8 Filed: 4/12/2017, Entered: 4/12/2017 Unknown Document Type
AO 120 Report on the Filing of an Action re: Patent Form Completed. (Attachments: # 1 Complaint and Exhibits) (Bozek, M.)
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Legal Document (Payment Possibly Required) 7 Filed: 4/12/2017, Entered: 4/12/2017 Unknown Document Type
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Eric Pescovitz, Under the Weather, LLC* with answer to complaint due within *21* days. Attorney *Charles I. Miller* *Law Office of Charles I. Miller* *PMB 108, 1245 Farmington Avenue* *West Hartford, CT 06107*. (Bozek, M.)
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Legal Document (Payment Possibly Required) 6 Filed: 4/12/2017, Entered: 4/12/2017 Unknown Document Type
NOTICE TO COUNSEL/PRO SE PARTIES : Counsel or pro se parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 3 Electronic Filing Order, 2 Order on Pretrial Deadlines, 4 Standing Protective Order, 5 Standing Order in Patent Cases, 1 Complaint, filed by Griffin Global Products, LLC, Anthem Sports, LLC, and Request to Issue Summons. Signed by Clerk on 04/12/2017.(Bozek, M.)
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Legal Document (Payment Possibly Required) 5 Filed: 4/12/2017, Entered: None Order
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Legal Document (Payment Possibly Required) 5 Filed: 4/11/2017, Entered: None Unknown Document TypeCourt Filing
STANDING ORDER IN PATENT CASES. Signed by Judge Michael P. Shea on 04/11/2017.(Bozek, M.) (Entered: 04/12/2017)
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Legal Document (Payment Possibly Required) 4 Filed: 4/12/2017, Entered: None Protective Order
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Legal Document (Payment Possibly Required) 4 Filed: 4/11/2017, Entered: None Unknown Document TypeCourt Filing
STANDING PROTECTIVE ORDER. Signed by Judge Michael P. Shea on 04/11/2017.(Bozek, M.) (Entered: 04/12/2017)
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Legal Document (Payment Possibly Required) 3 Filed: 4/12/2017, Entered: None Electronic Filing Order
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Legal Document (Payment Possibly Required) 3 Filed: 4/11/2017, Entered: None Unknown Document TypeCourt Filing
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Michael P. Shea on 04/11/2017.(Bozek, M.) (Entered: 04/12/2017)
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Legal Document (Payment Possibly Required) 2 Filed: 4/12/2017, Entered: None Order on Pretrial Deadlines
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Legal Document (Payment Possibly Required) 2 Filed: 4/11/2017, Entered: None Unknown Document Type
Order on Pretrial Deadlines: Motions to Dismiss due on 07/11/2017. Amended Pleadings due by 6/10/2017. Discovery due by 10/11/2017. Dispositive Motions due by 11/10/2017. Signed by Clerk on 04/11/2017.(Bozek, M.) (Entered: 04/12/2017)
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Legal Document (Payment Possibly Required) 1 Filed: 4/11/2017, Entered: 4/11/2017 Unknown Document Type
COMPLAINT against All Defendants ( Filing fee $400 receipt number 0205-4364498.), filed by Anthem Sports, LLC, Griffin Global Products, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Ex A, # 3 Exhibit Ex B, # 4 Exhibit Ex C, # 5 Exhibit Ex D)(Miller, Charles)
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