Snap Fitness, Inc. v. Scenic City Fitness, Inc. et al
| Minnesota District Court | |
| Judge: | Nancy E Brasel |
| Referred: | David T Schultz |
| Case #: | 0:24-cv-02803 |
| Nature of Suit | 196 Contract - Franchise |
| Cause | 15:1051 Trademark Infringement |
| Case Filed: | Jul 19, 2024 |
| Last checked: Monday Sep 02, 2024 3:33 AM CDT |
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Defendant
Scenic City Fitness, Inc.
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Represented By
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Defendant
Gary Blankenship, Jr.
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Represented By
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Plaintiff
Snap Fitness, Inc.
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Represented By
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| Docket last updated: 09/06/2024 11:59 PM CDT |
| Friday, September 06, 2024 | ||
| 41 | 41
order
Order to Clarify/Authorize
Fri 09/06 12:11 PM
ORDER CLARIFYING36 Order on Motion to Withdraw as Attorney. Signed by Magistrate Judge David T. Schultz on 9/6/2024. (TJB) |
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| Wednesday, September 04, 2024 | ||
| 40 | 40
service
Certificate of Service
Wed 09/04 2:01 PM
CERTIFICATE OF SERVICE by Snap Fitness, Inc. re38 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re36 Order on Motion to Withdraw as Attorney,39 Proposed Order to Judge - Other (Archer, David) |
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| 39 | 39
misc
Proposed Order to Judge - Other
Wed 09/04 2:00 PM
PROPOSED ORDER TO JUDGE re38 Appeal/Objection of Magistrate Judge Decision to District Judge. (Archer, David) |
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| 38 | 38
motion
Appeal/Objection of Magistrate Judge Decision to District Judge
Wed 09/04 1:58 PM
APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re36 Order on Motion to Withdraw as Attorney (Archer, David) |
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| Thursday, August 22, 2024 | ||
| 37 | 37
misc
Letter to Magistrate Judge
Thu 08/22 2:12 PM
LETTER TO MAGISTRATE JUDGE by Snap Fitness, Inc. . (Archer, David) |
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| 36 | 36
1
pgs
order
Order on Motion to Withdraw as Attorney
Thu 08/22 12:17 PM
ORDER granting29 Motion to Withdraw as Attorney. See order for details. Signed by Magistrate Judge David T. Schultz on 8/22/2024. (TJB) |
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| Wednesday, August 21, 2024 | ||
| 35 | 35
notice
Notice of Hearing on Motion
Wed 08/21 11:46 AM
NOTICE OF HEARING ON MOTION29 MOTION to Withdraw as Attorney Motion to Withdraw as Counsel of Record Without Substitution : Date and time to be determined. (Johnsen, Erin) |
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| Tuesday, August 20, 2024 | ||
| 34 | 34
misc
Bond
Wed 08/21 9:07 AM
Preliminary Injunction Bond BOND in the amount of $ $25,000 posted by Snap Fitness, Inc. BOND RECEIVED IN CLERK'S OFFICE ON 8/20/2024. ORIGINAL BOND FILED CONVENTIONALLY IN CLERK'S OFFICE. (MMG) |
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Att: 1
Power of Attorney,
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Att: 2
Acknowledgment of Principals/Surety
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| 33 | 33
misc
Meet and Confer Statement
Tue 08/20 2:53 PM
MEET and CONFER STATEMENT re29 Motion to Withdraw as Attorney filed by Gary Blankenship, Jr, Scenic City Fitness, Inc..(Johnsen, Erin) |
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| 32 | 32
respm
Proposed Order to Judge re Motion
Tue 08/20 2:52 PM
PROPOSED ORDER TO JUDGE re29 MOTION to Withdraw as Attorney Motion to Withdraw as Counsel of Record Without Substitution filed by Gary Blankenship, Jr, Scenic City Fitness, Inc..(Johnsen, Erin) |
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| 31 | 31
respm
Declaration in Support of Motion
Tue 08/20 2:50 PM
Declaration of Erin C. Johnsen in Support of29 MOTION to Withdraw as Attorney Motion to Withdraw as Counsel of Record Without Substitution filed by Gary Blankenship, Jr, Scenic City Fitness, Inc..(Johnsen, Erin) |
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| 30 | 30
10
pgs
respm
Memorandum in Support of Motion
Tue 08/20 2:48 PM
MEMORANDUM in Support re29 MOTION to Withdraw as Attorney Motion to Withdraw as Counsel of Record Without Substitution Memorandum of Law in Support of Motion to Withdraw as Counsel of Record Without Substitution filed by Gary Blankenship, Jr.(Johnsen, Erin) |
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Att: 1
LR7.1/LR72.2 Word Count Compliance Certificate
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| 29 | 29
motion
Withdraw as Attorney
Tue 08/20 2:45 PM
MOTION to Withdraw as Attorney Motion to Withdraw as Counsel of Record Without Substitution filed by Gary Blankenship, Jr, Scenic City Fitness, Inc.. (Johnsen, Erin) |
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| 28 | 28
notice
Notice of Withdrawal as Attorney
Tue 08/20 2:42 PM
NOTICE of Withdrawal as Attorney Notice of Motion to Withdraw as Counsel of Record Without Substitution (Johnsen, Erin) |
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| 27 | 27
notice
Notice (Other)
Tue 08/20 10:13 AM
NOTICE by Snap Fitness, Inc. Notice of Posting of Bond for Preliminary Injunction(Archer, David) |
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Att: 1
Exhibit(s) A
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| Friday, August 16, 2024 | ||
| 26 | 26
4
pgs
order
Order on Motion for Preliminary Injunction
Fri 08/16 4:16 PM
ORDER FOR PRELIMINARY INJUNCTION. Signed by Judge Nancy E. Brasel on 8/16/2024. (KMW) |
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| 25 | 25
minutes
Motion Hearing
Fri 08/16 1:55 PM
(Text-Only) MINUTE ENTRY for proceedings held before Judge Nancy E. Brasel on 8/16/2024: Oral Arguments Motion Hearing. Court Reporter: Renee Rogge Minneapolis Courthouse, Courtroom 13W Time: 11:00 a.m. - 12:10 p.m. Total Time: 1 hour and 10 minutes APPEARANCES: For Plaintiff(s): David Archer; Richard Landon For Defendant(s): Erin Johnson PROCEEDINGS: Hearing on: 5 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Snap Fitness, Inc.. The motion was moved, argued and granted. Order and Memorandum and Opinion to follow. (KMW) |
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| Thursday, August 15, 2024 | ||
| 24 | 24
1
pgs
misc
Report on Filing of Patent/Trademark Action (AO 120)
Thu 08/15 4:03 PM
REPORT ON FILING OF PATENT/TRADEMARK ACTION (AO 120)(USPTO noticed with filing). (Archer, David) |
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| Monday, August 12, 2024 | ||
| 23 | 23
respm
Declaration in Support of Motion
Mon 08/12 5:25 PM
Supplemental Declaration of Andi Ruth-Negrini in Support of5 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Snap Fitness, Inc..(Archer, David) |
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Att: 1
Exhibit(s) B-1,
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Att: 2
Exhibit(s) B-2,
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Att: 3
Exhibit(s) B-3,
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Att: 4
Exhibit(s) B-4,
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Att: 5
Exhibit(s) B-5
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| 22 | 22
misc
LR7.1/LR72.2 Word Count Compliance Certificate
Mon 08/12 5:22 PM
LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Snap Fitness, Inc. re21 Reply filed by Snap Fitness, Inc..(Archer, David) |
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| 21 | 21
respm
Reply
Mon 08/12 5:21 PM
REPLY re5 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Snap Fitness, Inc..(Archer, David) |
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| Thursday, August 08, 2024 | ||
| 20 | 20
respm
Declaration in Opposition to Motion
Thu 08/08 3:45 PM
DECLARATION of Gary Blankenship, II in Opposition to5 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Gary Blakenship, Jr, Scenic City Fitness, Inc..(Johnsen, Erin) |
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Att: 1
Exhibit(s) Ex. 1,
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Att: 2
Exhibit(s) Ex. 2,
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Att: 3
Exhibit(s) Ex. 3,
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Att: 4
Exhibit(s) Ex. 4,
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Att: 5
Exhibit(s) Ex. 5,
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Att: 6
Exhibit(s) Ex. 6,
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Att: 7
Exhibit(s) Ex. 7,
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Att: 8
Exhibit(s) Ex. 8,
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Att: 9
Exhibit(s) Ex. 9
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| 19 | 19
30+
pgs
respm
Memorandum in Opposition to Motion
Thu 08/08 3:41 PM
MEMORANDUM in Opposition re5 MOTION for Preliminary Injunction - Expedited Handling Requested Defendants' Opposition to Plaintiff's Motion for a Preliminary Injunction filed by Gary Blakenship, Jr, Scenic City Fitness, Inc..(Johnsen, Erin) |
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Att: 1
LR7.1/LR72.2 Word Count Compliance Certificate
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| Monday, August 05, 2024 | ||
| 18 | 18
notice
Notice of Appearance
Mon 08/05 4:06 PM
NOTICE of Appearance by Erin C. Johnsen on behalf of Gary Blakenship, Jr, Scenic City Fitness, Inc.. (Johnsen, Erin) |
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| Friday, August 02, 2024 | ||
| 17 | 17
service
Waiver of Service Executed
Fri 08/02 3:32 PM
WAIVER OF SERVICE Returned Executed filed by Snap Fitness, Inc.. Gary Blakenship, Jr waiver sent on 7/31/2024, answer due 9/30/2024; Scenic City Fitness, Inc. waiver sent on 7/31/2024, answer due 9/30/2024. (Archer, David) |
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| Wednesday, July 31, 2024 | ||
| 16 | 16
order
Order on Application to File Information Conventionally
Wed 07/31 4:35 PM
TEXT ONLY ORDER. Plaintiff's application to file exhibits conventionally is denied as moot. This application is not required for physical exhibits. Plaintiff shall file the videos on a flash drives with the Clerk of Court as soon as possible given the expedited request. The placeholders should be attached to each flash drive so the Clerk's Office can properly determine which case they belong to. Signed by Judge Nancy E. Brasel on 7/31/2024. (KMW) |
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| Friday, July 26, 2024 | ||
| 15 | 15
notice
Amended Notice of Hearing on Motion
Fri 07/26 12:35 PM
(Text-Only) AMENDED NOTICE of Hearing on Motion:5 MOTION for Preliminary Injunction - Expedited Handling Requested :The Motion Hearing is scheduled for 8/16/2024 at 11:00 AM in Courtroom 13W (MPLS) before Judge Nancy E. Brasel. Opposition to the motion is due 8/8/24 and the reply brief is due 8/12/24. (KMW) |
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| 14 | 14
respm
Proposed Order to Judge re Motion
Fri 07/26 10:20 AM
PROPOSED ORDER TO JUDGE re5 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Snap Fitness, Inc..(Archer, David) |
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| Thursday, July 25, 2024 | ||
| 13 | 13
motion
Application to File Conventionally
Thu 07/25 11:51 AM
APPLICATION to File Conventionally by Snap Fitness, Inc.. (Archer, David) |
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| Wednesday, July 24, 2024 | ||
| 12 | 12
misc
Meet and Confer Statement
Wed 07/24 5:55 PM
MEET and CONFER STATEMENT re5 Motion for Preliminary Injunction filed by Snap Fitness, Inc..(Archer, David) |
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| 11 | 11
service
Certificate of Service
Wed 07/24 3:05 PM
CERTIFICATE OF SERVICE by Snap Fitness, Inc. re9 LR7.1/LR72.2 Word Count Compliance Certificate,8 Declaration in Support,,10 Meet and Confer Statement,7 Memorandum in Support of Motion,5 MOTION for Preliminary Injunction - Expedited Handling Requested ,6 Notice of Hearing on Motion (Archer, David) |
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| 10 | 10
misc
Meet and Confer Statement
Wed 07/24 3:02 PM
MEET and CONFER STATEMENT re5 Motion for Preliminary Injunction filed by Snap Fitness, Inc..(Archer, David) |
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| 9 | 9
misc
LR7.1/LR72.2 Word Count Compliance Certificate
Wed 07/24 3:02 PM
LR7.1/LR72.2 WORD COUNT COMPLIANCE CERTIFICATE by Snap Fitness, Inc. re RelDocInfo(misc+cerfcmpl+0+,docnum,mottextsum)} filed by Snap Fitness, Inc..(Archer, David) |
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| 8 | 8
respm
Declaration in Support of Motion
Wed 07/24 3:01 PM
Declaration of Andi Ruth-Negrini in Support of5 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Snap Fitness, Inc..(Archer, David) |
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Att: 1
Exhibit(s) A-1,
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Att: 2
Exhibit(s) A-2,
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Att: 3
Placeholder for Exhibit A-3,
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Att: 4
Placeholder for Exhibit A-4,
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Att: 5
Exhibit(s) A-5,
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Att: 6
Exhibit(s) A-6,
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Att: 7
Exhibit(s) A-7,
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Att: 8
Exhibit(s) A-8,
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Att: 9
Exhibit(s) A-9,
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Att: 10
Exhibit(s) A-10,
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Att: 11
Exhibit(s) A-11,
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Att: 12
Exhibit(s) A-12
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| 7 | 7
30+
pgs
respm
Memorandum in Support of Motion
Wed 07/24 2:48 PM
MEMORANDUM in Support re5 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Snap Fitness, Inc..(Archer, David) |
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| 6 | 6
notice
Notice of Hearing on Motion
Wed 07/24 2:48 PM
NOTICE OF HEARING ON MOTION5 MOTION for Preliminary Injunction - Expedited Handling Requested : Date and time to be determined. (Archer, David) |
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| 5 | 5
motion
Preliminary Injunction
Wed 07/24 2:47 PM
MOTION for Preliminary Injunction - Expedited Handling Requested filed by Snap Fitness, Inc.. (Archer, David) |
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| Monday, July 22, 2024 | ||
| 4 | 4
service
Summons Issued
Mon 07/22 8:38 AM
Summons Issued as to Gary Blakenship, Jr, Scenic City Fitness, Inc. (MMP) |
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| 3 | 3
notice
Notice of Initial Case Assignment
Mon 07/22 8:33 AM
(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per 3rd/4th Copyright/Trademark list, referred to Magistrate Judge David T. Schultz. Please use case number 24-cv-2803 (NEB/DTS). Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MMP) |
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| Friday, July 19, 2024 | ||
| 2 | 2
discov
Rule 7.1 - Disclosure Statement
Fri 07/19 3:30 PM
RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation owning 10 percent or more of its stock, or subsidiary reported for Snap Fitness, Inc.. (Archer, David) |
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| 1 | 1
cmp
Complaint
Fri 07/19 3:26 PM
COMPLAINT against Gary Blakenship, Jr, Scenic City Fitness, Inc. (filing fee $ 405, receipt number BMNDC-11204502) filed by Snap Fitness, Inc.. Filer requests summons issued. (Archer, David) |
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Att: 1
Exhibit(s) A,
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Att: 2
Exhibit(s) B,
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Att: 3
Exhibit(s) C,
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Att: 4
Exhibit(s) D,
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Att: 5
Civil Cover Sheet
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