Massimo et al v. Onyx Brands, Inc. et al
| Arkansas Western District Court | |
| Judge: | Timothy L Brooks |
| Case #: | 5:24-cv-05091 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 28:1446 Petition for Removal |
| Case Filed: | Apr 17, 2024 |
| Case in other court: | Benton County Circuit Court, 04CV-22-02573 |
| Last checked: Wednesday Apr 17, 2024 6:07 PM CDT |
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Defendant
Marsha Martin
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Represented By
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Defendant
Onyx Brands, Inc.
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Represented By
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Plaintiff
Sarah Reid Massimo
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Represented By
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Plaintiff
Sarah Reid Massimo Design, Inc.
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Represented By
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| Docket last updated: 1 hours ago |
| Friday, April 26, 2024 | ||
| 11 | 11
order
Initial Scheduling Order
Fri 04/26 9:30 AM
INITIAL SCHEDULING ORDER: Case Management Hearing set for 6/21/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 5/31/2024. Signed by Honorable Timothy L. Brooks on April 26, 2024. (slc) |
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| Tuesday, April 23, 2024 | ||
| 10 | 10
order
Order on Motion to Extend
Tue 04/23 11:53 AM
TEXT ONLY ORDER finding as moot9 Motion to Extend Deadline to respond to Plaintiffs' motion for summary judgment. The parties are advised that Plaintiffs' motion for summary judgment is moot for the reasons explained herein. Plaintiffs filed a motion for summary judgment in state court on March 29, 2024. The motion requested summary judgment as to Defendants' first amended counterclaim--filed on December 19, 2023--and partial summary judgment as to Plaintiffs' breach of contract claim--filed on January 9, 2023 in the second amended complaint. After the motion for summary judgment was filed, Plaintiffs filed a third amended complaint--on April 9, 2024--and Defendants filed a second amended counterclaim--on April 18, 2024. An amended complaint or counterclaim supersedes the original pleading and divests it of any legal effect. See In re Wireless Tel. Fed. Cost Recovery Fees Litig. , 396 F.3d 922, 928 (8th Cir. 2005). The motion for summary judgment requested dismissal of counterclaims and affirmative claims that are now without any legal effect. Therefore, the motion for summary judgment is moot, and Defendants need not respond to it. Signed by Honorable Timothy L. Brooks on April 23, 2024. (ee) |
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| Monday, April 22, 2024 | ||
| 9 | 9
motion
Extend
Mon 04/22 4:38 PM
MOTION to Extend by Marsha Martin, Onyx Brands, Inc.. (Billingsley, Keith) |
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| Thursday, April 18, 2024 | ||
| 8 | 8
answer
Answer to Complaint
Thu 04/18 2:26 PM
ANSWER to3 Complaint by Marsha Martin, Onyx Brands, Inc..(Henry, Mark) |
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| 7 | 7
notice
Notice of Appearance
Thu 04/18 1:51 PM
NOTICE of Appearance by Keith I Billingsley on behalf of All Defendants. (Billingsley, Keith) |
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| 6 | 6
cmp
Amended Counterclaim
Thu 04/18 12:01 PM
AMENDED COUNTERCLAIM as to3 Complaint against All Plaintiffs, filed by Marsha Martin, Onyx Brands, Inc.. Related document:3 Complaint filed by Sarah Reid Massimo Design, Inc., Sarah Reid Massimo.(Henry, Mark) |
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| 5 | 5
notice
Notice of Appearance
Thu 04/18 9:55 AM
NOTICE of Appearance by William Cody Kees on behalf of All Defendants. (Kees, William) |
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notice
Clerk's Notice re Multiple Attorneys Listed on Pleading
Thu 04/18 9:28 AM
TEXT ONLY CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Plaintiffs Sarah Reid Massimo, Sarah Reid Massimo Design, Inc. Third Amended Complaint3 lists multiple attorneys appearing for the filer. The following attorney, who did not sign the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case: Alexa R. Mizer .(mll) |
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notice
Clerk's Notice re Multiple Attorneys Listed on Pleading
Thu 04/18 9:35 AM
TEXT ONLY CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Defendants Marsha Martin, Onyx Brands, Inc. Notice of Removal2 lists multiple attorneys appearing for the filer. The following attorneys, who did not sign the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case: Keith I. Billingsley, W. Cody Kees .(mll) |
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| Wednesday, April 17, 2024 | ||
| 4 | 4
notice
Magistrate Notice/Consent Form
Wed 04/17 4:18 PM
Magistrate Notice/Consent Form (bjb) |
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| 3 | 3
cmp
Complaint
Wed 04/17 4:15 PM
STATE COURT THIRD AMENDED COMPLAINT with Jury Demand against Marsha Martin, Onyx Brands, Inc., filed by Sarah Reid Massimo, Sarah Reid Massimo Design, Inc.(bjb) |
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| 2 | 2
cmp
Notice of Removal
Wed 04/17 4:14 PM
NOTICE OF REMOVAL from Benton County Circuit Court, case number 04CV 22-2573 filed by Marsha Martin, Onyx Brands, Inc.(bjb) |
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Att: 1
Exhibit
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| 1 | 1
misc
Civil Cover Sheet
Wed 04/17 4:12 PM
CIVIL COVER SHEET by Marsha Martin, Onyx Brands, Inc. (bjb) |
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notice
Clerk's Notice re Copyright/Patent/Trademark Actions
Wed 04/17 4:16 PM
TEXT ONLY CLERK'S NOTICE to attorney(s) filing a complaint or amended complaint in a Copyright action: Please complete AO Form 121 found on the U.S Courts website https://www.uscourts.gov/services-forms/forms and file it with the Court using Other Filings-Other Documents-Initial Report.Copyright/Patent/Trademark Report due 5/8/2024. (bjb) |
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notice
Clerk's Notice Regarding Filing Fee
Wed 04/17 4:16 PM
CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee:2 Notice of Removal. You MUST pay the filing fee of $405.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days. If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal. Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 4/19/2024 (bjb) |
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misc
Filing Fee Submitted
Wed 04/17 4:28 PM
Notice of Removal filing fee paid re2 Notice of Removal : $ 405, receipt number AARWDC-2962889.. (Bartsch, Otto) |
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