Active Athletics, LLC v. Active Gymnastics Center LLC

Texas Northern District Court
Judge:Sam A Lindsay
Case #: 3:24-cv-03209
Nature of Suit840 Property Rights - Trademark
Cause15:44 Trademark Infringement
Case Filed:Dec 20, 2024
Case in other court:Colorado, 1:24-cv-00366
Last checked: Tuesday Dec 24, 2024 9:02 PM CST
Defendant
Active Gymnastics Center LLC
Represented By
Carl Alfred Hjort, III
Robinson Waters & O'Dorisio, P.C.
contact info
Plaintiff
Active Athletics, LLC
Represented By
Alan Stewart Thompson
Lohf Shaiman Jacobs PC
contact info


Docket last updated: 8 hours ago
Monday, December 23, 2024
29 29 1 pgs misc Report to Patent/Trademark or Copyright Office Mon 12/23 3:25 PM
Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (cfk)
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Friday, December 20, 2024
28 28 qcref Lindsay Mon 12/23 3:21 PM
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (cfk)
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27 27 utility Electronic Case Transferred In - District Transfer (Public Entry) Mon 12/23 3:20 PM
Case electronically transferred in from District of Colorado; Case Number 1:24-cv-00366. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed.
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26 26 ORDER by Magistrate Judge Scott T. Varholak on 12/20/2024. ORDERED the Court concludes that it lacks personal jurisdiction over Defendant. The Court DENIES Defendant's Motion to Dismiss18 to the extent it seeks to dismiss the case and, instead, DIRECTS the Clerk of Court, pursuant to 28 U.S.C. § 1631, to transfer this case to the United States District Court for the Northern District of Texas.. (sphil, ) [Transferred from Colorado on 12/23/2024.]
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Thursday, May 30, 2024
25 25 REPLY to Response to18 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Active Gymnastics Center LLC.(Hjort, Carl) [Transferred from Colorado on 12/23/2024.]
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Att: 1 Exhibit Second Declaration of AGC,
Att: 2 Exhibit USA Gymnastics Press Release
Thursday, May 16, 2024
24 24 RESPONSE to18 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Active Athletics, LLC.(Thompson, Alan) [Transferred from Colorado on 12/23/2024.]
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Att: 1 Exhibit Exhibit 1,
Att: 2 Exhibit Exhibit 2,
Att: 3 Exhibit Exhibit 3,
Att: 4 Exhibit Exhibit 4,
Att: 5 Exhibit Exhibit 5
Wednesday, April 03, 2024
23 23 MINUTE ORDER: This matter is before the Court sua sponte upon identifying an error in [#22] Order. The Order is AMENDED to read in relevant part as follows: " Plaintiff shall respond to Defendant's Motion to Dismiss not later than May 16, 2024 . It Is FURTHER ORDERED that the stay is partially lifted in this matter to allow Plaintiff to conduct jurisdictional discovery." SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/3/2024. Text Only Entry (stvlc5, ) [Transferred from Colorado on 12/23/2024.]
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22 22 ORDER granting the parties'21 Stipulated Joint Motion for Limited Discovery Related to Defendant's Motion to Dismiss for Lack of Personal Jurisdiction and an Enlargement of Time for Plaintiff to Respond to Defendant's Motion to Dismiss. Defendant shall answer or otherwise respond to Plaintiff's Complaint not later than May 16, 2024. It Is FURTHER ORDERED that the stay is partially lifted in this matter to allow Plaintiff to conduct jurisdictional discovery. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/3/2024.(stvlc5, ) [Transferred from Colorado on 12/23/2024.]
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Tuesday, April 02, 2024
21 21 Stipulated MOTION for Discovery STIPULATED JOINT MOTION FOR: 1)LIMITED DISCOVERY RELATED TO DEFENDANTS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION and 2)AN ENLARGEMENT OF TIME FOR PLAINTIFF TO RESPOND TO DEFENDANTS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION by Plaintiff Active Athletics, LLC. (Thompson, Alan) [Transferred from Colorado on 12/23/2024.]
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Friday, March 29, 2024
20 20 ORDER granting Defendant's19 Unopposed Motion to Stay Discovery. Because the Motion is unopposed, proceedings in this case are STAYED until the Court decides Defendant's pending Motion to Dismiss18 . The Scheduling Conference set for 4/2/24 is VACATED. Within 10 days of a ruling on the Motion to Dismiss, if claims remain pending before this Court, the parties shall contact Chambers to set the matter for a Scheduling Conference. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/29/2024. Text Only Entry(stvlc5, ) [Transferred from Colorado on 12/23/2024.]
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Thursday, March 28, 2024
19 19 Unopposed MOTION to Stay by Defendant Active Gymnastics Center LLC. (Hjort, Carl) [Transferred from Colorado on 12/23/2024.]
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18 18 MOTION to Dismiss for Lack of Jurisdiction by Defendant Active Gymnastics Center LLC.(Hjort, Carl) [Transferred from Colorado on 12/23/2024.]
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Att: 1 Exhibit A- Declaration of AGC
Wednesday, March 27, 2024
17 17 ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge16 , this case is referred to Magistrate Judge Scott T. Varholak for all purposes pursuant to 28 U.S.C. § 636(c), by Chief Judge Philip A. Brimmer on 3/27/2024. Text Only Entry (pabsec, ) [Transferred from Colorado on 12/23/2024.]
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Tuesday, March 26, 2024
16 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Active Athletics, LLC All parties consent.. (Thompson, Alan) [Transferred from Colorado on 12/23/2024.]
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15 15 Proposed Scheduling Order by Plaintiff Active Athletics, LLC. (Thompson, Alan) [Transferred from Colorado on 12/23/2024.]
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Wednesday, March 20, 2024
14 14 MINUTE ORDER: This matter is before the Court on9 Order Setting Scheduling Conference (the "Order"). Pursuant to the Order, "the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, available from the Courts website at www.cod.uscourts.gov, on or before March 19, 2024 . To date, the Court has not received the required consent form. The Court sua sponte EXTENDS the deadline to file the consent form to March 26, 2024. Failure to timely file may result in the Scheduling Conference being vacated. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/20/24. Text Only Entry (stvlc5, ) [Transferred from Colorado on 12/23/2024.]
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Wednesday, February 28, 2024
13 13 NOTICE of Entry of Appearance by Carl Alfred Hjort, III on behalf of Active Gymnastics Center LLCAttorney Carl Alfred Hjort, III added to party Active Gymnastics Center LLC(pty:dft) (Hjort, Carl) [Transferred from Colorado on 12/23/2024.]
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Monday, February 26, 2024
12 12 WAIVER OF SERVICE Returned Executed by Active Athletics, LLC. Active Gymnastics Center LLC waiver sent on 2/21/2024, answer due 4/22/2024. (Thompson, Alan) [Transferred from Colorado on 12/23/2024.]
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Wednesday, February 21, 2024
11 11 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (jrobe, ) [Transferred from Colorado on 12/23/2024.]
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Friday, February 09, 2024
10 10 SUMMONS issued by Clerk. (schap, ) [Transferred from Colorado on 12/23/2024.]
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Wednesday, February 07, 2024
9 9 ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference. Consent Form due by 3/19/2024 . Joint Proposed Scheduling Order due 3/26/2024 . Scheduling Conference set for 4/2/2024 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. By Magistrate Judge Scott T. Varholak on 2/7/2024. (schap, ) [Transferred from Colorado on 12/23/2024.]
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8 8 Exhibits in Support REPORT ON THE FILING OR DETYERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK by Plaintiff Active Athletics, LLC. (Thompson, Alan) [Transferred from Colorado on 12/23/2024.]
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7 7 Exhibits in Support CIVIL COVER SHEET by Plaintiff Active Athletics, LLC. (Thompson, Alan) [Transferred from Colorado on 12/23/2024.]
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Tuesday, February 06, 2024
6 6 SUMMONS REQUEST as to ACTIVE GYMNASTICS CENTER, LLC by Plaintiff Active Athletics, LLC. (Thompson, Alan) [Transferred from Colorado on 12/23/2024.]
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5 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons issued. (efoga, ) [Transferred from Colorado on 12/23/2024.]
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4 4 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) [Transferred from Colorado on 12/23/2024.]
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3 3 Administrative Notice: Notice to filer of non-compliance with Patent, Trademark, or Copyright Action case opening procedures. It is the responsibility of the attorney or pro se party commencing the action to follow Local Rule D.C.COLO.LCivR 3.1. Please file a properly completed Report form, which can be found on the courts website. (efoga, ) [Transferred from Colorado on 12/23/2024.]
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2 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re:1 Complaint, filed by attorney Alan S Thompson. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (efoga, ) [Transferred from Colorado on 12/23/2024.]
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1 1 12 pgs COMPLAINT against Active Gymnastics Center LLC (Filing fee $ 405,Receipt Number BCODC-9528166)Attorney Alan Stewart Thompson added to party Active Athletics, LLC(pty:pla), filed by Active Athletics, LLC.(Thompson, Alan) [Transferred from Colorado on 12/23/2024.]
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Att: 1 Exhibit Exhibit 1 to Complaint