This case was last updated from PACER on 05/13/2017 at 02:26:23 (UTC).

Omega RV, LLC v. The RV Factory, LLC et al

Case Summary

On 05/12/2017 Omega RV, LLC filed an Intellectual Property - Trademark lawsuit against The RV Factory, LLC. This case was filed in U.S. District Courts, Indiana Northern District. The Judges overseeing this case are Philip P Simon and Michael G Gotsch, Sr. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:17-CV-00361

  • Filing Date:

    05/12/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

  • Court:

    U.S. District Courts

  • Courthouse:

    Indiana Northern District

Judge Details

Presiding Judge

Philip P Simon

Referral Judge

Michael G Gotsch, Sr

 

Party Details

Plaintiff

Omega RV, LLC

Defendants

The RV Factory LLC

Claude Donati

Attorney/Law Firm Details

Plaintiff Attorney

Scott David Swanson

Attorney at Shaver & Swanson, LLP

Po Box 877

Boise, ID 83701

Defendant Attorney

Dana M Herberholz

Attorney at Parsons Behle & Latimer

800 W. Main Street, Suite 1300

Boise, ID 83702

 

Court Documents

26 #1

*Restricted*

#26

(#26) Case transferred in from District of Idaho; Case Number 1:16-cv-00204. Original file and docket sheet received. (Entered: 05/12/2017)

#25

(#25) MEMORANDUM DECISION AND ORDER - NOW THEREFORE IT IS HEREBY ORDERED that Defendants Motion to Dismiss (Dkt. #15 ) is DENIED IN PART and GRANTED IN PART. The Clerk of Court is directed to transfer this matter to the Northern District of Indiana. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) [Transferred from Idaho on 5/12/2017.] (Entered: 05/10/2017)

#24

(#24) NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Claude Donati, Omega RV, LLC, and The RV Factory, LLC re #15 MOTION to Dismiss or in the Alternative MOTION to Transfer Case and #1 Complaint Consent/Objection to Magistrate due by 12/22/2016. (km) [Transferred from Idaho on 5/12/2017.] (Entered: 10/18/2016)

#23

(#23) REPLY to Response to Motion re #15 MOTION to Dismiss or in the Alternative MOTION to Transfer Case filed by Claude Donati, The RV Factory, LLC.(Herberholz, Dana) [Transferred from Idaho on 5/12/2017.] (Entered: 10/13/2016)

15 #3

Affidavit Declaration of Claude Donati in Support of Defendants Motion to Dismis

15 #2

Affidavit Declaration of Brian Shea in Support of Defendants Motion to Dismiss,

15 #1

Memorandum in Support of Defendants Motion to Dismiss, or in the Alternative, Tr

#15

(#19) DECLARATION by Amy Hennig re #18 Response to Motion re #15 MOTION to Dismiss or in the Alternative MOTION to Transfer Case filed by Omega RV, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Swanson, Scott) Modified on 9/27/2016 to edit text per Corrective Entry (cjs). [Transferred from Idaho on 5/12/2017.] (Entered: 09/26/2016)

3 #1

Complaint filed 5/13/2016

#3

(#3) REPORT on the filing or determination of an action regarding trademark number(s) 85/905,871 (Notice sent to USPTO) (Attachments: #1 Complaint filed 5/13/2016) (cjs) [Transferred from Idaho on 5/12/2017.] (Entered: 05/16/2016)

2 #1

Summons

#2

(#2) Summons Issued as to Claude Donati, The RV Factory, LLC. (Print attached Summons for service.) (Attachments: #1 Summons)(cjs) [Transferred from Idaho on 5/12/2017.] (Entered: 05/16/2016)

1 #4

Summons

1 #3

Summons

1 #2

Cover Sheet

1 #1

Exhibit A

#1

(#24) NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Claude Donati, Omega RV, LLC, and The RV Factory, LLC re #15 MOTION to Dismiss or in the Alternative MOTION to Transfer Case and #1 Complaint Consent/Objection to Magistrate due by 12/22/2016. (km) [Transferred from Idaho on 5/12/2017.] (Entered: 10/18/2016)

54 More Documents Available

 

Docket Entries

  • 05/12/2017
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  • (#26) Case transferred in from District of Idaho; Case Number 1:16-cv-00204. Original file and docket sheet received. (Entered: 05/12/2017)

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  • 05/10/2017
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  • (#25) MEMORANDUM DECISION AND ORDER - NOW THEREFORE IT IS HEREBY ORDERED that Defendants Motion to Dismiss (Dkt. #15 ) is DENIED IN PART and GRANTED IN PART. The Clerk of Court is directed to transfer this matter to the Northern District of Indiana. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) [Transferred from Idaho on 5/12/2017.] (Entered: 05/10/2017)

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  • 12/23/2016
  • The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability will be sent out. Consent deadline(s) termed. (cjs) [Transferred from Idaho on 5/12/2017.] (Entered: 12/23/2016)

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  • 10/18/2016
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  • (#24) NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Claude Donati, Omega RV, LLC, and The RV Factory, LLC re #15 MOTION to Dismiss or in the Alternative MOTION to Transfer Case and #1 Complaint Consent/Objection to Magistrate due by 12/22/2016. (km) [Transferred from Idaho on 5/12/2017.] (Entered: 10/18/2016)

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  • 10/13/2016
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  • (#23) REPLY to Response to Motion re #15 MOTION to Dismiss or in the Alternative MOTION to Transfer Case filed by Claude Donati, The RV Factory, LLC.(Herberholz, Dana) [Transferred from Idaho on 5/12/2017.] (Entered: 10/13/2016)

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  • 09/27/2016
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  • CORRECTIVE ENTRY - The entry docket number #21 Affidavit in Opposition to Motion filed by, #19 Affidavit in Opposition to Motion, #20 Affidavit in Opposition to Motion, #22 Affidavit in Opposition to Motion, filed by Omega RV, LLC were filed incorrectly in this case. The Court prefers supporting affidavits/declarations to be filed as attachments to the document they support. Filed separately the correct event is "Affidavit" or "Declaration" located under Other Documents. No action is needed by the filing party as the Clerk's Office will edit the entries.(cjs) [Transferred from Idaho on 5/12/2017.] (Entered: 09/27/2016)

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  • 09/26/2016
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  • (#22) DECLARATION by Mark Warmoth re #18 Response to Motion re #15 MOTION to Dismiss or in the Alternative MOTION to Transfer Case filed by Omega RV, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Swanson, Scott) Modified on 9/27/2016 to edit text per Corrective Entry(cjs). [Transferred from Idaho on 5/12/2017.] (Entered: 09/26/2016)

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  • 09/26/2016
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  • (#21) DECLARATION by Donald B. Day re #18 Response to Motion re #15 MOTION to Dismiss or in the Alternative MOTION to Transfer Case filed by Omega RV, LLC. (Swanson, Scott) Modified on 9/27/2016 to edit text per Corrective Entry (cjs). [Transferred from Idaho on 5/12/2017.] (Entered: 09/26/2016)

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  • 09/26/2016
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  • (#20) DECLARATION by David Karstens re #18 Response to Motion re #15 MOTION to Dismiss or in the Alternative MOTION to Transfer Case filed by Omega RV, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Swanson, Scott) Modified on 9/27/2016 to edit text per Corrective Entry (cjs). [Transferred from Idaho on 5/12/2017.] (Entered: 09/26/2016)

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  • 09/26/2016
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  • (#19) DECLARATION by Amy Hennig re #18 Response to Motion re #15 MOTION to Dismiss or in the Alternative MOTION to Transfer Case filed by Omega RV, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Swanson, Scott) Modified on 9/27/2016 to edit text per Corrective Entry (cjs). [Transferred from Idaho on 5/12/2017.] (Entered: 09/26/2016)

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9 More Docket Entries
  • 07/28/2016
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  • (#9) SUMMONS Returned Executed by Omega RV, LLC. Claude Donati served on 7/27/2016, answer due 8/17/2016. (Swanson, Scott) [Transferred from Idaho on 5/12/2017.] (Entered: 07/28/2016)

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  • 07/22/2016
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  • (#8) Summons Issued as to Claude Donati, The RV Factory, LLC. (Print attached Summons for service.) (Attachments: #1 Summons)(cjs) [Transferred from Idaho on 5/12/2017.] (Entered: 07/22/2016)

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  • 07/22/2016
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  • (#7) AMENDED COMPLAINT against All Defendants, filed by Omega RV, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Cover Sheet, #4 Summons for Donati, #5 Summons for The RV Factory)(Swanson, Scott) Modified on 7/22/2016 to remove duplicate text for attachments (cjs). [Transferred from Idaho on 5/12/2017.] (Entered: 07/22/2016)

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  • 06/29/2016
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  • (#6) Corporate Disclosure Statement by Omega RV, LLC identifying Corporate Parent White Hat Media, Inc. for Omega RV, LLC.. (Swanson, Scott) [Transferred from Idaho on 5/12/2017.] (Entered: 06/29/2016)

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  • 05/17/2016
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  • (#5) LITIGATION ORDER - Litigation Plan due by 8/12/2016 (Case Management deadline set for 8/12/2016). Telephonic Scheduling Conference set for 8/26/2016 10:00 AM before Judge Edward J. Lodge. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) [Transferred from Idaho on 5/12/2017.] (Entered: 05/17/2016)

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  • 05/16/2016
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  • (#4) SUPPLEMENT by Plaintiff Omega RV, LLC re #1 Complaint Exhibit A. (Swanson, Scott) Modified on 5/17/2016 to edit text (cjs). [Transferred from Idaho on 5/12/2017.] (Entered: 05/16/2016)

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  • 05/16/2016
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  • (#3) REPORT on the filing or determination of an action regarding trademark number(s) 85/905,871 (Notice sent to USPTO) (Attachments: #1 Complaint filed 5/13/2016) (cjs) [Transferred from Idaho on 5/12/2017.] (Entered: 05/16/2016)

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  • 05/16/2016
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  • (#2) Summons Issued as to Claude Donati, The RV Factory, LLC. (Print attached Summons for service.) (Attachments: #1 Summons)(cjs) [Transferred from Idaho on 5/12/2017.] (Entered: 05/16/2016)

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  • 05/16/2016
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  • CORRECTIVE ENTRY - The entry docket number #1 Complaint filed by Omega RV, LLC was filed incorrectly in this case as it pertains to Attachment #1 Exhibit A only. Exhibit A was filed upside down on ECF. The filing party shall re-submit their filing of Exhibit A only right side up using the event of "Supplement" located under Other Documents and link to Docket 1.(cjs) [Transferred from Idaho on 5/12/2017.] (Entered: 05/16/2016)

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  • 05/13/2016
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  • (#1) COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0976-1443879.), filed by Omega RV, LLC. (Attachments: #1 Exhibit A, #2 Cover Sheet, #3 Summons, #4 Summons)(Swanson, Scott) [Transferred from Idaho on 5/12/2017.] (Entered: 05/13/2016)

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