This case was last updated from PACER on 03/27/2018 at 07:02:31 (UTC).

1818 Farms, LLC v. Plum Island Soap Company, LLC

Case Summary

On 01/26/2018 1818 Farms, LLC filed an Intellectual Property - Trademark lawsuit against Plum Island Soap Company, LLC. This case was filed in U.S. District Courts, Alabama Northern District. The Judges overseeing this case are Herman N Johnson, Jr and Abdul K Kallon. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:18-CV-00135

  • Filing Date:

    01/26/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

  • Court:

    U.S. District Courts

  • Courthouse:

    Alabama Northern District

Judge Details

Presiding Judges

Herman N Johnson, Jr

Abdul K Kallon

 

Party Details

Plaintiff

1818 Farms, LLC

Defendant

Plum Island Soap Company, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Charles Brandon Browning

Attorney at MAYNARD COOPER & GALE PC

1901 6Th Avenue North, Suite 2400

Birmingham, AL 35203

Walter A Dodgen, Jr

Attorney at MAYNARD COOPER & GALE PC

655 Gallatin Street

Huntsville, AL 35801

Mark David Foley, Jr.

Attorney at MAYNARD COOPER & GALE PC

1901 Sixth Avenue North, Ste. 2400

Birmingham, AL 35203

Defendant Attorneys

Jeffrey S Baker

Attorney at BAKER & ASSOCIATES

Two West Hill Place, Suite 100

Boston, MA 02114

Kip Allen Nesmith

Attorney at BURR & FORMAN LLP

420 North 20Th Street, Suite 3400

Birmingham, AL 35203

Victor L Hayslip

Attorney at BURR & FORMAN LLP

420 North 20Th Street, Suite 3400

Birmingham, AL 35203

 

Court Documents

1 #1

Exhibit 1

#1

(#1) COMPLAINT with jury demand against Plum Island Soap Company, LLC filed by 1818 Farms, LLC. (Attachments: #1 Exhibit 1)(SPT ) (Entered: 01/26/2018)

#2

(#2) Summons Issued as to Plum Island Soap Company, LLC by Clerk and delivered to Plaintiff's Attorney for service. (SPT ) (Entered: 02/09/2018)

#3

(#8) NOTICE by Plum Island Soap Company, LLC re #4 MOTION to Change Venue Pursuant to 28 U.S.C. Sect. 1391(b)(1), #6 MOTION to Dismiss Counts II and III, #5 MOTION to Dismiss for Violation of Equitable Doctrine that Precludes the Appl. of Rule "First to File", #3 MOTION to Change Venue Pursuant to 28 U.S.C. Sect. 1404(a) (Attachments: #1 Affidavit of David Herlihy, #2 Exhibit A to Aff. of Herlihy, #3 Exhibit B to Aff. of Herlihy, #4 Exhibit C to Aff. of Herlihy, #5 Exhibit D to Aff. of Herlihy, #6 Exhibit E to Aff. of Herlihy, #7 Exhibit F to Aff. of Herlihy, #8 Exhibit G to Aff. of Herlihy, #9 Exhibit H to Aff. of Herlihy, #10 Exhibit I to Aff. of Herlihy, #11 Exhibit J to Aff. of Herlihy, #12 Exhibit K to Aff. of Herlihy, #13 Affidavit of Michele A. Diodati, #14 Exhibit 1 to Aff. of Diodati, #15 Exhibit 2 to Aff. of Diodati, #16 Exhibit 3 to Aff. of Diodati)(Hayslip, Victor) (Entered: 02/19/2018)

#4

(#8) NOTICE by Plum Island Soap Company, LLC re #4 MOTION to Change Venue Pursuant to 28 U.S.C. Sect. 1391(b)(1), #6 MOTION to Dismiss Counts II and III, #5 MOTION to Dismiss for Violation of Equitable Doctrine that Precludes the Appl. of Rule "First to File", #3 MOTION to Change Venue Pursuant to 28 U.S.C. Sect. 1404(a) (Attachments: #1 Affidavit of David Herlihy, #2 Exhibit A to Aff. of Herlihy, #3 Exhibit B to Aff. of Herlihy, #4 Exhibit C to Aff. of Herlihy, #5 Exhibit D to Aff. of Herlihy, #6 Exhibit E to Aff. of Herlihy, #7 Exhibit F to Aff. of Herlihy, #8 Exhibit G to Aff. of Herlihy, #9 Exhibit H to Aff. of Herlihy, #10 Exhibit I to Aff. of Herlihy, #11 Exhibit J to Aff. of Herlihy, #12 Exhibit K to Aff. of Herlihy, #13 Affidavit of Michele A. Diodati, #14 Exhibit 1 to Aff. of Diodati, #15 Exhibit 2 to Aff. of Diodati, #16 Exhibit 3 to Aff. of Diodati)(Hayslip, Victor) (Entered: 02/19/2018)

#5

(#8) NOTICE by Plum Island Soap Company, LLC re #4 MOTION to Change Venue Pursuant to 28 U.S.C. Sect. 1391(b)(1), #6 MOTION to Dismiss Counts II and III, #5 MOTION to Dismiss for Violation of Equitable Doctrine that Precludes the Appl. of Rule "First to File", #3 MOTION to Change Venue Pursuant to 28 U.S.C. Sect. 1404(a) (Attachments: #1 Affidavit of David Herlihy, #2 Exhibit A to Aff. of Herlihy, #3 Exhibit B to Aff. of Herlihy, #4 Exhibit C to Aff. of Herlihy, #5 Exhibit D to Aff. of Herlihy, #6 Exhibit E to Aff. of Herlihy, #7 Exhibit F to Aff. of Herlihy, #8 Exhibit G to Aff. of Herlihy, #9 Exhibit H to Aff. of Herlihy, #10 Exhibit I to Aff. of Herlihy, #11 Exhibit J to Aff. of Herlihy, #12 Exhibit K to Aff. of Herlihy, #13 Affidavit of Michele A. Diodati, #14 Exhibit 1 to Aff. of Diodati, #15 Exhibit 2 to Aff. of Diodati, #16 Exhibit 3 to Aff. of Diodati)(Hayslip, Victor) (Entered: 02/19/2018)

#6

(#25) RESPONSE in Opposition re #6 MOTION to Dismiss Counts II and III filed by 1818 Farms, LLC. (Attachments: #1 Exhibit A: Declaration of Jon E. Holland, #2 Exhibit B: Declaration of C. Brandon Browning)(Browning, Charles) (Entered: 03/06/2018)

7 #1

Affidavit of Jeffrey S. Baker

#7

(#21) TEXT ORDER finding as moot #7 Motion for Limited Admission, as this court has granted the amended motion. Signed by Magistrate Judge Herman N Johnson, Jr on 2/21/2018.(LMC, ) (Entered: 02/21/2018)

27 #1

Affidavit of David Herlihy #2

27 #2

Exhibit A to Aff. of Herlihy #2

27 #8

Errata G to Aff. of Herlihy #2

29 #1

Exhibit Part 1 to Declaration of Jon Holland

29 #2

Exhibit Part 2 to Declaration of Jon Holland

27 #3

Exhibit B to Aff. of Herlihy #2

27 #4

Exhibit C to Aff. of Herlihy #2

29 #3

Exhibit Part 3 to Declaration of Jon Holland

29 #4

Exhibit Part 4 to Declaration of Jon Holland

71 More Documents Available

 

Docket Entries

  • 03/16/2018
  • TEXT ORDER that the telephone status conference set for 9:30 a.m. on Monday, March 19, 2018 has been CANCELED. Signed by Magistrate Judge Herman N Johnson, Jr on 03/16/2018.(LMC, ) (Entered: 03/16/2018)

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  • 03/14/2018
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  • (#29) REPLY to re #27 Plum Island Soap Company, LLC's Opposition to Plaintiff's Motion to Enjoin Defendant from Proceeding with a Duplicative Suit filed by 1818 Farms, LLC. (Attachments: #1 Exhibit Part 1 to Declaration of Jon Holland, #2 Exhibit Part 2 to Declaration of Jon Holland, #3 Exhibit Part 3 to Declaration of Jon Holland, #4 Exhibit Part 4 to Declaration of Jon Holland)(Browning, Charles) (Entered: 03/14/2018)

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  • 03/12/2018
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  • (#28) NOTICE OF REASSIGNMENT: The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the case has been randomly reassigned to Judge Abdul K Kallon. Magistrate Judge Herman N Johnson, Jr no longer assigned to the case. Please use case number 5:18-cv-135-AKK on all subsequent pleadings. (SPT ) (Entered: 03/12/2018)

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  • 03/07/2018
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  • (#27) RESPONSE in Opposition re #14 MOTION TO ENJOIN PLUM ISLAND SOAP COMPANY, LLC FROM PROCEEDING WITH A DUPLICATIVE SUIT FILED IN MASSACHUSETTS AND REQUESTING THAT THE COURT DETERMINE PROPER VENUE UNDER THE FIRST-TO-FILE RULE filed by Plum Island Soap Company, LLC. (Attachments: #1 Affidavit of David Herlihy #2, #2 Exhibit A to Aff. of Herlihy #2, #3 Exhibit B to Aff. of Herlihy #2, #4 Exhibit C to Aff. of Herlihy #2, #5 Exhibit D to Aff. of Herlihy #2, #6 Exhibit E to Aff. of Herlihy #2, #7 Exhibit F to Aff. of Herlihy #2, #8 Errata G to Aff. of Herlihy #2, #9 Exhibit H to Aff. of Herlihy #2, #10 Exhibit I to Aff. of Herlihy #2)(Hayslip, Victor) (Entered: 03/07/2018)

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  • 03/07/2018
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  • (#26) TEXT ORDER granting #24 Motion for Leave to File Excess Pages. The court notes that Doc. 25 contains Plaintiff's response to Defendant's motions. Signed by Magistrate Judge Herman N Johnson, Jr on 3/7/2018.(LMC, ) (Entered: 03/07/2018)

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  • 03/06/2018
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  • (#25) RESPONSE in Opposition re #6 MOTION to Dismiss Counts II and III filed by 1818 Farms, LLC. (Attachments: #1 Exhibit A: Declaration of Jon E. Holland, #2 Exhibit B: Declaration of C. Brandon Browning)(Browning, Charles) (Entered: 03/06/2018)

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  • 03/06/2018
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  • (#24) MOTION for Leave to File Excess Pages Motion is RIPE 3/6/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by 1818 Farms, LLC. (Attachments: #1 Exhibit A: Plaintiff's Brief in Opposition to Defendant's Motions to Dismiss, Stay or, in the Alternative, to Transfer this Action and to Dismiss Counts II and III of this Lawsuit)(Browning, Charles) (Entered: 03/06/2018)

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  • 02/26/2018
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  • (#23) ORDER that a telephone status conference is set for 10:30 a.m. CST on Wednesday, March 7, 2018. Signed by Magistrate Judge Herman N Johnson, Jr on 02/26/18. (SPT ) (Entered: 02/26/2018)

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  • 02/22/2018
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  • (#22) AFFIDAVIT of Service for Summons & Complaint served on Paige Graham on 2/13/18, filed by 1818 Farms, LLC. (Dodgen, Walter) (Entered: 02/22/2018)

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  • 02/21/2018
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  • (#21) TEXT ORDER finding as moot #7 Motion for Limited Admission, as this court has granted the amended motion. Signed by Magistrate Judge Herman N Johnson, Jr on 2/21/2018.(LMC, ) (Entered: 02/21/2018)

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12 More Docket Entries
  • 02/19/2018
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  • (#9) MOTION for Leave to File Excess Pages Motion is RIPE 2/19/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Plum Island Soap Company, LLC. (Attachments: #1 Exhibit A Memorandum)(Hayslip, Victor) (Entered: 02/19/2018)

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  • 02/19/2018
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  • (#8) NOTICE by Plum Island Soap Company, LLC re #4 MOTION to Change Venue Pursuant to 28 U.S.C. Sect. 1391(b)(1), #6 MOTION to Dismiss Counts II and III, #5 MOTION to Dismiss for Violation of Equitable Doctrine that Precludes the Appl. of Rule "First to File", #3 MOTION to Change Venue Pursuant to 28 U.S.C. Sect. 1404(a) (Attachments: #1 Affidavit of David Herlihy, #2 Exhibit A to Aff. of Herlihy, #3 Exhibit B to Aff. of Herlihy, #4 Exhibit C to Aff. of Herlihy, #5 Exhibit D to Aff. of Herlihy, #6 Exhibit E to Aff. of Herlihy, #7 Exhibit F to Aff. of Herlihy, #8 Exhibit G to Aff. of Herlihy, #9 Exhibit H to Aff. of Herlihy, #10 Exhibit I to Aff. of Herlihy, #11 Exhibit J to Aff. of Herlihy, #12 Exhibit K to Aff. of Herlihy, #13 Affidavit of Michele A. Diodati, #14 Exhibit 1 to Aff. of Diodati, #15 Exhibit 2 to Aff. of Diodati, #16 Exhibit 3 to Aff. of Diodati)(Hayslip, Victor) (Entered: 02/19/2018)

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  • 02/19/2018
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  • (#7) MOTION for Jeffrey S. Baker Admission Pro Hac Vice Motion is RIPE 2/19/2018. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Plum Island Soap Company, LLC. (Attachments: #1 Affidavit of Jeffrey S. Baker)(Hayslip, Victor) Modified on 2/20/2018 (SPT ). (Entered: 02/19/2018)

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  • 02/19/2018
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  • (#6) MOTION to Dismiss Counts II and III by Plum Island Soap Company, LLC. (Hayslip, Victor) (Entered: 02/19/2018)

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  • 02/19/2018
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  • (#5) MOTION to Dismiss for Violation of Equitable Doctrine that Precludes the Appl. of Rule "First to File" by Plum Island Soap Company, LLC. (Hayslip, Victor) (Entered: 02/19/2018)

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  • 02/19/2018
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  • (#4) MOTION to Change Venue Pursuant to 28 U.S.C. Sect. 1391(b)(1) by Plum Island Soap Company, LLC. (Hayslip, Victor) (Entered: 02/19/2018)

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  • 02/19/2018
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  • (#3) MOTION to Change Venue Pursuant to 28 U.S.C. Sect. 1404(a) by Plum Island Soap Company, LLC. (Hayslip, Victor) (Entered: 02/19/2018)

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  • 02/09/2018
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  • (#2) Summons Issued as to Plum Island Soap Company, LLC by Clerk and delivered to Plaintiff's Attorney for service. (SPT ) (Entered: 02/09/2018)

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  • 02/09/2018
  • Filing fee received: $ 400.00, receipt number H4601003411 (SPT ) (Entered: 02/09/2018)

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  • 01/26/2018
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  • (#1) COMPLAINT with jury demand against Plum Island Soap Company, LLC filed by 1818 Farms, LLC. (Attachments: #1 Exhibit 1)(SPT ) (Entered: 01/26/2018)

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