Calvert Health, LLC v. Four Leaf Liquidators, LLC
| Tennessee Middle District Court | |
| Judge: | Eli J Richardson |
| Referred: | Jeffery S Frensley |
| Case #: | 3:23-cv-00110 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1125 Trademark Infringement (Lanham Act) |
| Case Filed: | Feb 06, 2023 |
| Terminated: | Apr 17, 2024 |
| Last checked: Saturday Aug 05, 2023 5:32 AM CDT |
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Defendant
Four Leaf Liquidators, LLC
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Plaintiff
Calvert Health, LLC
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Represented By
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GPO
May 01 2023
ORDER: The Plaintiff's Request for Entry of Default against Four Leaf Liquidators LLC, 14, is GRANTED. To the extent Plaintiff's Motion seeks an award of damages at this phase, Plaintiff's Motion is DENIED without prejudice to filing a properly supported Motion for Default Judgment pursuant to Federal Rule of Civil Procedure 55(b). Signed by Clerk of Court Lynda M. Hill on 5/1/2023. (xc: Order forwarded to Four Leaf Liquidators LLC by certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 5/2/2023 (kc). |
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GPO
Jan 05 2024
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 1/4/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) |
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GPO
Apr 17 2024
JUDGMENT BY DEFAULT: Plaintiff is awarded judgment in the total amount of $657,336.99. The Clerk of Court is DIRECTED to enter final judgment under Federal Rule of Civil Procedure 58 and close the file. Notwithstanding the closing of the file, P(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vk)laintiff may file a motion for attorneys fees under and in conformity with Fed. R. Civ. P. 54(d)(2) and LR54.01(b). Signed by District Judge Eli J. Richardson on 4/17/2024. (xc: Defendant Four Leaf Liquidators, LLC, by regular mail.) |
| Docket last updated: 2 hours ago |
| Thursday, July 25, 2024 | ||
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pgs
order
Order on Motion for Attorney Fees
Thu 07/25 4:30 PM
ORDER granting37 Motion for Attorney Fees. Signed by District Judge Eli J. Richardson on 7/25/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) |
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| Tuesday, May 14, 2024 | ||
| 38 | 38
misc
Mail Returned
Wed 05/15 12:00 PM
Mail Returned as Undeliverable. Return to Sender. Attempted Not Known.35 Entry of Judgment,34 Default Judgment. Mail sent to Four Leaf Liquidators, LLC. (kc) |
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| Wednesday, April 24, 2024 | ||
| 37 | 37
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pgs
motion
Attorney Fees
Wed 04/24 2:57 PM
MOTION for Attorney Fees by Calvert Health, LLC.(Shrum, Barry) |
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Att: 1
Attachment Memorandum in Support of Attorney's Fees,
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Att: 2
Exhibit Exhibit 1 - Declaration of Mr. Barry Shrum,
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Att: 3
Exhibit Exhibit 2 - Invoices
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| Thursday, April 18, 2024 | ||
| 36 | 36
misc
Certified Mail Receipt
Thu 04/18 10:40 AM
CERTIFIED MAIL RECEIPT re34 Default Judgment. (mg) |
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| 35 | 35
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pgs
misc
Entry of Judgment
Thu 04/18 9:18 AM
ENTRY OF JUDGMENT BY CLERK: re:34 Default Judgment (xc: Defendant Four Leaf Liquidators, LLC.) (vk) |
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| Wednesday, April 17, 2024 | ||
| 34 | 34
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pgs
order
Judgment - Default
Wed 04/17 5:45 PM
JUDGMENT BY DEFAULT: Plaintiff is awarded judgment in the total amount of $657,336.99. The Clerk of Court is DIRECTED to enter final judgment under Federal Rule of Civil Procedure 58 and close the file. Notwithstanding the closing of the file, Plaintiff may file a motion for attorneys fees under and in conformity with Fed. R. Civ. P. 54(d)(2) and LR54.01(b). Signed by District Judge Eli J. Richardson on 4/17/2024. (xc: Defendant Four Leaf Liquidators, LLC, by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (vk) |
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| Tuesday, April 16, 2024 | ||
| 33 | 33
notice
Notice (Other)
Tue 04/16 3:27 PM
NOTICE by Calvert Health, LLC (Shrum, Barry) |
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minutes
Motion Hearing
Tue 04/16 10:16 AM
Minute Entry for proceedings held before District Judge Eli J. Richardson: Motion Hearing held on 4/16/2024 re12 MOTION for Default Judgment as to Four Leaf Liquidators, LLC filed by Calvert Health, LLC. (Court Reporter Debbie Watson.) (Hearing lasted :40)(Jackson, Julie) |
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| Thursday, April 11, 2024 | ||
| 32 | 32
notice
Notice of Appearance
Thu 04/11 10:21 AM
NOTICE of Appearance by Barry Neil Shrum on behalf of Calvert Health, LLC (Shrum, Barry) |
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| Monday, April 08, 2024 | ||
| 31 | 31
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pgs
order
Order ~Util - Terminate Motions ~Util - Set Hearings
Mon 04/08 2:37 PM
ORDER: The Motion to Ascertain Status of Case30 is granted. The status of the case is that the Court is hereby scheduling a hearing on damages for April 16, 2024, at 9:00 a.m. Signed by District Judge Eli J. Richardson on 4/8/2024. (kc) |
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| Friday, April 05, 2024 | ||
| 30 | 30
motion
Ascertain Status
Fri 04/05 3:28 PM
First MOTION to Ascertain Status of February 7, 2024 Order by Calvert Health, LLC. (Shrum, Barry) |
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| Wednesday, February 07, 2024 | ||
| 29 | 29
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pgs
order
Order on Motion for Attorney Fees
Wed 02/07 10:41 AM
ORDER: Because the damages amount remains unsettled, the Motion for Attorney's Fees27 is DENIED without prejudice to file an updated motion for attorney's fees at a later time. Signed by District Judge Eli J. Richardson on 2/7/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) |
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| Sunday, February 04, 2024 | ||
| 28 | 28
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pgs
respoth
Memorandum in Support
Sun 02/04 12:20 PM
MEMORANDUM in Support of27 First MOTION for Attorney Fees filed by Calvert Health, LLC .(Shrum, Barry) |
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Att: 1
Exhibit Barry Neil Shrum Declaration,
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Att: 2
Exhibit Invoices for Time Spent on Litigation
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| 27 | 27
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pgs
motion
Attorney Fees
Sun 02/04 12:16 PM
First MOTION for Attorney Fees by Calvert Health, LLC. (Shrum, Barry) |
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| 26 | 26
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pgs
respoth
Brief (non-appeal)
Sun 02/04 12:13 PM
BRIEF filed by Calvert Health, LLC re25 Order on Motion for Default Judgment,, Order to Ascertain Status,.(Shrum, Barry) |
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Att: 1
Exhibit Unpaid Invoices,
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Att: 2
Exhibit Declaration of Kyle Calvert
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| Friday, January 05, 2024 | ||
| 25 | 25
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pgs
order
Order on Motion for Default Judgment Order to Ascertain Status
Fri 01/05 9:33 AM
ORDER: The Motion for Default Judgment17 is GRANTED IN PART and DENIED IN PART. Plaintiff's Motion to Ascertain Status22 is DENIED as moot. Defendant is hereby PERMANENTLY ENJOINED according to the enumerated terms below, effective as of January 4, 2024. Signed by District Judge Eli J. Richardson on 1/4/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) |
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| 24 | 24
28
pgs
order
Memorandum Opinion of the Court
Fri 01/05 9:27 AM
MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 1/4/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) |
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| Tuesday, November 21, 2023 | ||
| 23 | 23
2
pgs
order
Order on Motion to Withdraw as Attorney
Tue 11/21 8:43 AM
ORDER granting21 Motion to Withdraw as Attorney. Attorney Cheshire Rigler terminated. Signed by Magistrate Judge Jeffery S. Frensley on 11/20/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) |
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| Friday, November 17, 2023 | ||
| 22 | 22
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pgs
motion
Ascertain Status
Fri 11/17 11:50 AM
First MOTION to Ascertain Status of Motion for Default Judgement by Calvert Health, LLC. (Shrum, Barry) |
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| 21 | 21
motion
Withdraw as Attorney
Fri 11/17 11:41 AM
First MOTION to Withdraw as Attorney Cheshire Rigler by Calvert Health, LLC. (Shrum, Barry) |
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| Thursday, June 22, 2023 | ||
| 20 | 20
6
pgs
misc
Letter
Thu 06/22 3:36 PM
Letter from Mike Langenfeld. (kc) |
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| Tuesday, May 23, 2023 | ||
| 19 | 19
misc
Mail Returned
Tue 05/23 10:10 AM
Mail Returned as Unable to Forward "Vacant" re15 Order on Motion for Entry of Default. Mail sent to Four Leaf Liquidators, LLC. (af) |
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| Tuesday, May 16, 2023 | ||
| 18 | 18
service
Green Card Returned
Tue 05/16 3:50 PM
GREEN CARD RETURNED Executed as to15 Order on Motion for Default Judgment, Order on Motion to Enforce Judgment, Order on Motion for Entry of Default. (kc) |
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| Monday, May 15, 2023 | ||
| 17 | 17
motion
Default Judgment
Mon 05/15 11:34 AM
MOTION for Default Judgment as to Four Leaf Liquidators, LLC by Calvert Health, LLC.(Rigler, Cheshire) |
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Att: 1
Attachment Motion for Default Judgment Affidavit
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| Monday, May 08, 2023 | ||
| 16 | 16
misc
Certified Mail Receipt
Mon 05/08 11:20 AM
CERTIFIED MAIL RECEIPT re15 Order on Motion for Default Judgment, Order on Motion to Enforce Judgment, Order on Motion for Entry of Default. (kc) |
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| Monday, May 01, 2023 | ||
| 15 | 15
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pgs
order
Order on Motion for Default Judgment Order on Motion to Enforce Judgment Order on Motion for Entry of Default
Tue 05/02 9:58 AM
ORDER: The Plaintiff's Request for Entry of Default against Four Leaf Liquidators LLC,14 , is GRANTED. To the extent Plaintiff's Motion seeks an award of damages at this phase, Plaintiff's Motion is DENIED without prejudice to filing a properly supported Motion for Default Judgment pursuant to Federal Rule of Civil Procedure 55(b). Signed by Clerk of Court Lynda M. Hill on 5/1/2023. (xc: Order forwarded to Four Leaf Liquidators LLC by certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) Modified on 5/2/2023 (kc) |
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| Friday, April 07, 2023 | ||
| 14 | 14
motion
Entry of Default
Fri 04/07 8:54 AM
Amended MOTION for Entry of Default as to Four Leaf Liquidators, LLC by Calvert Health, LLC. (Rigler, Cheshire) |
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misc
Annotation - Deficiency Notice
Fri 04/07 8:22 AM
NOTICE TO FILER re DE#12 and13 : The wrong event was used. The correct event should be Motion for Entry of Default. Counsel shall re-file the document. (kc) |
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| Thursday, April 06, 2023 | ||
| 13 | 13
motion
Enforce Judgment Entry of Default
Thu 04/06 3:59 PM
MOTION to Enforce Judgment , MOTION for Entry of Default as to Four Leaf Liquidators, LLC by Calvert Health, LLC. (Rigler, Cheshire) |
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| 12 | 12
motion
Default Judgment
Thu 04/06 3:56 PM
MOTION for Default Judgment as to Four Leaf Liquidators, LLC by Calvert Health, LLC. (Rigler, Cheshire) |
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| Friday, March 31, 2023 | ||
| 11 | 11
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pgs
order
Order 1 - Terminate Hearings
Fri 03/31 3:41 PM
ORDER: The Initial Case Management Conference in this matter is scheduled for April 4, 2023 at 9:00 a.m. Docket No.5 . Currently pending before the Court are motions for default judgment against all Defendants. Docket Nos.9 and10 . In light of the pending motions, the Initial Case Management Conference in this matter is cancelled, to be reset if necessary upon resolution of the motions for default. Signed by Magistrate Judge Jeffery S. Frensley on 3/31/2023. (kc) |
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| Monday, March 27, 2023 | ||
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misc
Annotation - Deficiency Notice
Mon 03/27 12:59 PM
NOTICE TO FILER re DE#9 and10 : The wrong event was used. The correct event should be Motion for Entry of Default. Counsel shall re-file the document. (kc) |
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| Friday, March 24, 2023 | ||
| 10 | 10
misc
Additional Attachments to Main Document
Fri 03/24 4:26 PM
Additional Attachments to Main Document re:8 Affidavit of Service. (Rigler, Cheshire) |
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| 9 | 9
misc
Additional Attachments to Main Document
Fri 03/24 3:52 PM
Additional Attachments to Main Document re:8 Affidavit of Service. (Rigler, Cheshire) |
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| Wednesday, March 01, 2023 | ||
| 8 | 8
service
Affidavit of Service
Wed 03/01 3:39 PM
AFFIDAVIT of Service for Affidavit of Service served on David Langefeld o/b/o Four Leaf Liquidators LLC on February 9, 2023, filed by Calvert Health, LLC. (Rigler, Cheshire) |
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| Wednesday, February 08, 2023 | ||
| 7 | 7
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order
Order
Wed 02/08 3:34 PM
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. § 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 2/8/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (kc) |
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| Tuesday, February 07, 2023 | ||
| 6 | 6
4
pgs
service
Summons Issued
Tue 02/07 12:47 PM
Summons issued as to Four Leaf Liquidators, LLC. (Service packet placed at intake window for counsel to pick up. HOURS: 8-4.) (kc) |
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| 5 | 5
notice
Notice of Case Management Conference
Tue 02/07 8:23 AM
NOTICE of Initial Case Management Conference by Telephone is set for 4/4/2023 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. (kc) |
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notice
Notice/Information re Consent of the Parties to MJ
Tue 02/07 8:20 AM
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
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| 3 | 3
notice
Notice of Business Entity Disclosure Statement Filing Requirement
Tue 02/07 8:20 AM
NOTICE of Business Entity Disclosure Statement filing requirement. (kc) |
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misc
Annotation - Bar Status
Tue 02/07 8:43 AM
TN State Bar status verified as active for Barry Neil Shrum, Cheshire Rigler admitted to this court . (kc) |
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| Monday, February 06, 2023 | ||
| 2 | 2
misc
Business Entity Disclosure Statement
Tue 02/07 8:14 AM
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Calvert Health, LLC. (kc) |
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| 1 | 1
28
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cmp
Complaint
Tue 02/07 8:13 AM
COMPLAINT against Four Leaf Liquidators, LLC (Filing fee $402, Receipt number ATNMDC-3757804), filed by Calvert Health, LLC.(kc) |
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Att: 1
Exhibit 1 The Purchase Agreement,
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Att: 2
Exhibit 2 Registration Certificate for Plaintiff's CARE+TRANSPORT Mark,
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Att: 3
Exhibit 3 Registration Certificate for Plaintiffs CALIBER PATIENT CARE Mark,
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Att: 4
Exhibit 4 Copies of Assignment Documents,
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Att: 5
Exhibit 5 Samples of Plaintiff's Use of Its CARE+TRANSPORT Mark,
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Att: 6
Exhibit 6 Samples of Plaintiff's Use of Its CALIBER PATIENT CARE Mark,
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Att: 7
Exhibit 8 Examples of Plaintiff Goods and Services Promotion,
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Att: 8
Exhibit 9 Plaintiffs Customer Testimonials,
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Att: 9
Exhibit 10 Examples of Unsolicited News Coverage of Plaintiffs Marks,
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Att: 10
Exhibit 11 Redacted Cease-And-Desist Letters sent by Plaintiff to Parties Outside this Complaint,
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Att: 11
Exhibit 12 Representative Sample of a Monthly Plaintiff Invoice Sent to Defendant,
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Att: 12
Exhibit 13 Plaintiffs August 31, 2022 Cease-And-Desist Letter to Defendant,
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Att: 13
Exhibit 14 Plaintiffs Counsel's December 1, 2022 Cease-And-Desist Letter to Defendant,
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Att: 14
4 pgs
Exhibit 15 Plaintiffs Affidavit,
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Att: 15
4 pgs
Exhibit 16 Email Dated October 6, 2022 Between Kyle Calvert and Mike Langenfeld,
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Att: 16
Exhibit 17 Defendant's Employees' Wage Complaints Mistakenly Sent to Plaintiff,
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Att: 17
Exhibit 18 Samples of Defendant's Use of the Infringing Marks,
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Att: 18
Exhibit 19 Defendant's Customer Testimonials,
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Att: 19
Attachment - Civil Cover Sheet
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