Agoura Health Products LLC et al v. Schiefelbein et al
| Ohio Northern District Court | |
| Judge: | Jack Zouhary |
| Case #: | 3:21-cv-02315 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1114 Trademark Infringement |
| Case Filed: | Dec 09, 2021 |
| Terminated: | Mar 31, 2022 |
| Last checked: Tuesday Jun 07, 2022 4:25 AM EDT |
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Defendant
0316 Ventures LLC
1846 E. Innovation Park Dr. Ste. 100
Oro Valley, AZ 85755 |
Represented By
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Defendant
Anthony Holloway, LLC
530-B Harkle Road Ste. 100
Santa Fe, NM 87505 |
Represented By
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Defendant
Big Five Ventures LLC
411 Wolf Ledges Pkwy. Ste. 201
Akron, OH 44311 |
Represented By
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Defendant
Gannon Med, LLC
8 The Green Ste. A
Dover, DE 19901 |
Represented By
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Defendant
H100 Holdings LLC
6725 W. Central Ave. Ste. M, PMB 348
Toledo, OH 43617 |
Represented By
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Defendant
Aaron Schiefelbein
3320 Scarsborough Rd
Toledo, OH 43615 |
Represented By
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Plaintiff
Agoura Health Products LLC
9465 Wilshire Boulevard Ste. 300
Beverly Hills, CA 90212 |
Represented By
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Plaintiff
Beverly Hills MD, LLC
8383 Wilshire Blvd. #800
Beverly Hills, CA 90211 |
Represented By
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Plaintiff
Cali Pet Nutrients LLC
15760 Ventura Blvd 7th Floor
Encino, CA 91436 |
Represented By
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Plaintiff
Pacific Health Supplements LLC
19528 Ventura Blvd. Ste. 343
Tzrzana, CA 91356 |
Represented By
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| Docket last updated: 5 hours ago |
| Tuesday, April 05, 2022 | ||
| 18 | 18
oth_doc
Report Regarding Patent or Trademark Action - AO120
Tue 04/05 7:52 AM
Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120).(W,Na) |
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Att: 1
Judgment
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| Thursday, March 31, 2022 | ||
| 17 | 17
4
pgs
order
Consent Judgment
Thu 03/31 4:35 PM
Consent Judgment Entry . ORDERED, ADJUDGED, and DECREED that Defendants Mr. Schiefelbein, Anthony Holloway, H100, 0316 Ventures, Gannon Med, and Big Five are jointly and severally liable to Plaintiffs and shall pay to Plaintiffs the sum of $5,000,000 in monetary damages under the Lanham Act, 15 U.S.C. §§ 1051, et seq. and for Defendants breaches of contract. It is further ORDERED, ADJUDGED, and DECREED that Defendants shall pay Plaintiffs attorneys fees. It is further ORDERED, ADJUDGED, and DECREED that Plaintiffs shall have all writs of execution and other process necessary to enforce this Consent Judgment. All other claims are dismissed with prejudice. Judge Jack Zouhary on 3/31/22. (K,AR) |
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Att: 1
Exhibit A to Settlement Agreement Plaintiffs' Trademarks
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| 16 | 16
3
pgs
motion
Order
Thu 03/31 12:37 PM
Joint Motion Consent Judgment filed by Agoura Health Products LLC, Beverly Hills MD, LLC, Cali Pet Nutrients LLC, Pacific Health Supplements LLC.(Krantz, Brett) |
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Att: 1
Exhibit Proposed Consent Judgment Entry
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| Monday, March 14, 2022 | ||
| 15 | 15
3
pgs
notice
Status Report (atty event)
Mon 03/14 9:58 AM
Joint Status Report filed by 0316 Ventures LLC, Anthony Holloway, LLC, Big Five Ventures LLC, Gannon Med, LLC, H100 Holdings LLC, Aaron Schiefelbein. (Johnson, Carrie) |
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| Monday, February 14, 2022 | ||
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1
pgs
order
Order
Mon 02/14 2:54 PM
ORDER . The Initial Teleconference set for February 15, 2022 is vacated. Counsel is currently involved in settlement negotiations and request additional time to finalize a settlement agreement. The Answer deadline is stayed and counsel shall file a Joint Status Report by Monday, March 14, 2022 . Judge Jack Zouhary on 2/14/2022. (V,S) |
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| Wednesday, February 02, 2022 | ||
| 13 | 13
notice
Attorney Appearance (atty event)
Wed 02/02 2:51 PM
Attorney Appearance by Carrie A. Johnson filed by on behalf of 0316 Ventures LLC, Anthony Holloway, LLC, Big Five Ventures LLC, Gannon Med, LLC, H100 Holdings LLC, Aaron Schiefelbein. (Johnson, Carrie) |
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| Tuesday, February 01, 2022 | ||
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oth_evt
Remark by Finance
Tue 02/01 12:36 PM
Remark by Finance. Funds in the amount of $402.00 refunded on 2/1/2022 Receipt# AOHNDC-11173160. (W,L) |
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oth_evt
Notice of Hearing or Conference
Tue 02/01 2:52 PM
NOTICE [non-document] of Initial Teleconference set for Tuesday, February 15, 2022 at 9:30 AM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line (to be provided via email). No dispositive motions shall be filed prior to the Initial Phone Status. (V,S) |
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| Wednesday, January 05, 2022 | ||
| 12 | 12
motion
Extension (answer complaint)
Wed 01/05 3:40 PM
Motion for extension of time until February 16, 2022 to answer , move, plead or otherwise respond filed by 0316 Ventures LLC, Anthony Holloway, LLC, Big Five Ventures LLC, Gannon Med, LLC, H100 Holdings LLC, Aaron Schiefelbein.(Goldberg, Stuart) |
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Att: 1
Proposed Order
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order
Order on Motion for extension of time to answer
Wed 01/05 4:26 PM
Order [non-document] granting12 Motion for Extension of Time until February 16, 2022 to answer. 0316 Ventures LLC, Anthony Holloway, LLC, Big Five Ventures, Gannon Med, LLC, H100 Holdings LLC, Aaron Schiefelbein - Answer now due 2/16/2022. Judge Jack Zouhary on 1/5/2022.(D,L) |
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| Tuesday, January 04, 2022 | ||
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Request to Clerk for Refund of Erroneous or Duplicate On-line Filing Fee Payment
Tue 01/04 4:06 PM
Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: duplicate charge. Receipt #: AOHNDC-11173160, filed by All Plaintiffs. (Krantz, Brett) |
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| Monday, January 03, 2022 | ||
| 11 | 11
service
Return of Service Executed
Mon 01/03 1:27 PM
Return of Service by Clerk by certified mail executed upon Gannon Med, LLC on 12/27/2021, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of all Plaintiffs. Related document(s)5 . (R,EM) |
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| Monday, December 27, 2021 | ||
| 10 | 10
service
Return of Service Executed
Mon 12/27 2:59 PM
Return of Service by Clerk by certified mail executed upon 0316 Ventures LLC on 12/22/2021 per United States Postal Service website; Anthony Holloway, LLC on 12/20/2021 and H100 Holdings LLC on 12/23/2021, filed on behalf of Beverly Hills MD, LLC Related document(s)6 . (S,DM) |
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| Wednesday, December 22, 2021 | ||
| 9 | 9
2
pgs
service
Return of Service Executed
Wed 12/22 2:21 PM
Return of Service by Clerk by certified mail executed upon Big Five Ventures LLC on 12/20/2021, filed on behalf of all Plaintiffs. Related document(s)6 . (R,EM) |
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| Friday, December 17, 2021 | ||
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oth_evt
Service by Clerk
Fri 12/17 9:28 AM
Service by Clerk. Summons and Complaint addressed to 0316 Ventures, LLC , Anthony Holloway, LLC, Big Five Ventures, LLC, Gannon Med, LLC, and H100 Holdings, LLC placed in U.S. Mail. Type of service: certified mail. (V,AR) |
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| Thursday, December 16, 2021 | ||
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service
Return of Service Executed
Thu 12/16 2:00 PM
Return of Service by personal service executed upon Aaron Schiefelbein on 12/15/2021, filed on behalf of All Plaintiffs Related document(s)1 ,6 . (Krantz, Brett) |
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| Wednesday, December 15, 2021 | ||
| 7 | 7
oth_doc
Report Regarding Patent or Trademark Action - AO120
Wed 12/15 2:44 PM
Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by All Plaintiffs.(Krantz, Brett) |
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Att: 1
Exhibit A - Detailed Listing of Registered Trademarks
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oth_evt
Notice of Copyright, Patent and Trademark Reporting Requirements
Wed 12/15 11:27 AM
Notice of Copyright, Patent and Trademark Reporting Requirements. Local Rule 3.13(c) requires the filing of the [LINK:AO121 Copyright Report Form] or AO120 Patent and Trademark Report Form by 12/22/2021. (W,Na) |
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| Friday, December 10, 2021 | ||
| 6 | 6
oth_evt
Summons Issued
Fri 12/10 12:59 PM
Original Summons issued to counsel for service upon 0316 Ventures LLC, Anthony Holloway, LLC, Big Five Ventures LLC, Gannon Med, LLC, H100 Holdings LLC, Aaron Schiefelbein. (K,AR) |
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| Thursday, December 09, 2021 | ||
| 5 | 5
oth_doc
Praecipe
Thu 12/09 3:57 PM
Praecipe for issuance of Original Summons filed by All Plaintiffs.(Krantz, Brett) |
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Att: 1
2 pgs
Summons Schiefelbein,
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Att: 2
Summons Anthony Holloway LLC,
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Att: 3
Summons H100 Holdings LLC,
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Att: 4
Summons 0316 Ventures LLC,
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Att: 5
Summons Gannon Med LLC,
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Att: 6
2 pgs
Summons Big Five Ventures LLC
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| 4 | 4
order
Initial Order - Judge Zouhary
Thu 12/09 3:53 PM
Civil Case Management Procedures Order. Magistrate Judge Darrell A. Clay on 12/9/2021. (H,JL) |
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| 3 | 3
oth_evt
Magistrate Consent Form Issued by Intake
Thu 12/09 3:48 PM
Magistrate Consent Form issued. No Summons issued. None Provided. (H,JL) |
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| 2 | 2
notice
Corporate Disclosure Statement (atty event)
Thu 12/09 3:32 PM
Corporate Disclosure Statement filed by All Plaintiffs. (Krantz, Brett) |
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| 1 | 1
29
pgs
cmp
Complaint
Thu 12/09 3:25 PM
Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number BOHNDC-11173160.. Filed by Cali Pet Nutrients LLC dba Ultimate Pet Nutrition, Pacific Health Supplements LLC dba NUCIFIC, Agoura Health Products LLC dba Gundry MD, Beverly Hills MD, LLC. (Krantz, Brett) |
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Att: 1
Exhibit Trademark Registrations,
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Att: 2
Exhibit Gundry MD Terms and Conditions,
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Att: 3
Exhibit Nucific Terms and Conditions,
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Att: 4
Exhibit UPN Terms and Conditions,
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Att: 5
Exhibit Beverly Hills MD Terms and Conditions,
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Att: 6
Exhibit 3.22.2019 Cease and Desist,
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Att: 7
Exhibit 6.22.2020 Cease and Desist,
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Att: 8
10 pgs
Exhibit 10.19.2020 Cease and Desist,
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Att: 9
Civil Cover Sheet Civil Cover Sheet
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utility
Add and Terminate Judge
Thu 12/09 3:45 PM
Judge Jack Zouhary assigned to case. (H,JL) |
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Random Assignment of Magistrate Judge
Thu 12/09 3:46 PM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (H,JL) |
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oth_evt
Notice re Prompt Service - JZ
Thu 12/09 3:48 PM
Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant. Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). After Defendant(s) have been served and counsel enter an appearance, this Court will promptly hold an Initial Phone Status Conference. No Motion to Dismiss may be filed in advance of this Conference. The responsive pleading deadline will be automatically tolled until that time. (H,JL) |
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