Olympic Ophthalmics Inc v. Gertner
| Washington Western District Court | |
| Judge: | Ricardo S Martinez |
| Case #: | 2:24-cv-02074 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 28:1331 Fed. Question: Trademark |
| Case Filed: | Dec 16, 2024 |
| Last checked: Monday Dec 16, 2024 2:08 PM PST |
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Defendant
Michael Gertner
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Plaintiff
Olympic Ophthalmics Inc
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Represented By
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| Docket last updated: 2 hours ago |
| Monday, December 23, 2024 | ||
| 13 | 13
misc
Declaration (non motion)
Mon 12/23 4:54 PM
DECLARATION of Stephen Willy in Response to Minute Order (ECF-12) re 12 Minute Order,,,,,,,,,, by Plaintiff Olympic Ophthalmics Inc (Willey, Stephen) |
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| 12 | 12
order
2 - Minute Order
Mon 12/23 8:57 AM
MINUTE ORDER re:9 MOTION for Temporary Restraining Order filed by Olympic Ophthalmics Inc. The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, United States District Judge: This case was opened on December 16, 2024. Dkt. #1. Defendant Michael Gertner has not appeared through counsel or otherwise. On December 20, 2024, Plaintiff filed a document captioned "Acceptance of Service." Dkt. #8. This filing, apparently typed up and submitted by Plaintiff's counsel, ends with the purported electronic signature of Defendant's counsel Matthew Bean. However, Mr. Bean has not appeared in this case and this document was not filed by defense counsel. The document does not explain the circumstances of how defense counsel was contacted or agreed to this filing. It is therefore unclear to the Court whether or not Defendant has been served with process. The Court therefore DIRECTS Plaintiff to notify defense counsel of his obligation to make an appearance under the Court's Local Rules. The Court requests that defense counsel re-file this document accepting service by email. At 4:48pm on December 20, 2024, Plaintiff filed a Motion for Temporary Restraining Order. Dkt. #9. Defendant has not filed a notice of intent to respond. Because Defendant has not appeared, the filing of this document does not satisfy the notice requirement for TRO Motions. The Motion indicates that defense counsel has received a copy via email, but, again, Mr. Bean has not made an appearance. Under this Court's Local Rules, motions for temporary restraining orders without notice to and an opportunity to be heard by the adverse party are disfavored and will rarely be granted. LCR 65(b)(1). It does not appear that Plaintiff is requesting a ruling on this Motion without notice. Unless the requirements of Fed. R. Civ. P. 65(b) for issuance without notice are satisfied, the moving party must serve all motion papers on the opposing party. LCR 65(b). The Court has reviewed the record and finds that it is unclear if Plaintiff has served this TRO on Defendant. The Court therefore DIRECTS Plaintiff to immediately provide proof of service or to meet and confer with defense counsel so that Mr. Bean can appear and indicate that his client has been served with this TRO. Defendant's obligation to respond under LCR 65(b)(5) does not begin until service has occurred. In any event, if service has already occurred or occurs today, the Court will extend the deadline for Defendant's response brief to noon on Monday, December 30, 2024. If service occurs after today the response will be due at a later date to be set by the Court. (CB) |
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| Friday, December 20, 2024 | ||
| 11 | 11
respm
Declaration
Fri 12/20 4:52 PM
DECLARATION of Xiaoshi Zhang in Support of Motion for Temporary Restraining Order filed by Plaintiff Olympic Ophthalmics Inc re9 MOTION for Temporary Restraining Order (Willey, Stephen) |
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| 10 | 10
respm
Declaration
Fri 12/20 4:49 PM
DECLARATION of Immanuel Thangaraj in Support of Motion for Temporary Restraining Order filed by Plaintiff Olympic Ophthalmics Inc re9 MOTION for Temporary Restraining Order (Willey, Stephen) |
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| 9 | 9
motion
Temporary Restraining Order
Fri 12/20 4:48 PM
MOTION for Temporary Restraining Order , filed by Plaintiff Olympic Ophthalmics Inc. Oral Argument Requested. Noting Date 12/20/2024, (Willey, Stephen) |
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Att: 1
Proposed Order
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| 8 | 8
service
Affidavit of Service of Summons & Complaint
Fri 12/20 1:30 PM
AFFIDAVIT of Service of Summons and Complaint on Michael Gertner c/o Matthew J. Bean on 12/20/2024, filed by Plaintiff Olympic Ophthalmics Inc. (Willey, Stephen) |
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| 7 | 7
service
Summons Issued
Fri 12/20 9:19 AM
Summons(es) Electronically Issued as to defendant(s) Michael Gertner (MJV) |
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| Wednesday, December 18, 2024 | ||
| 6 | 6
misc
Jury Demand
Wed 12/18 11:48 AM
DEMAND for JURY TRIAL by Plaintiff Olympic Ophthalmics Inc (Willey, Stephen) |
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| 5 | 5
misc
Praecipe for a Summons
Wed 12/18 11:47 AM
PRAECIPE TO ISSUE SUMMONS re1 Complaint, by Plaintiff Olympic Ophthalmics Inc (Willey, Stephen) |
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| Tuesday, December 17, 2024 | ||
| 4 | 4
utility
Report Regarding Patent/Trademark/Copyright
Tue 12/17 11:10 AM
REPORT on the filing or determination of an action. Emailed to the US Patent Office (HH) |
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| 3 | 3
utility
Case/IFP Deficiency Letter
Tue 12/17 11:03 AM
Notice of Filing Deficiency re1 Complaint,. ***Action Required*** Jury Demand Improperly Indicated. See attached letter for more information and instructions. (HH) |
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utility
Add and Terminate Judges
Tue 12/17 10:31 AM
Judge Ricardo S. Martinez added. (HH) |
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| Monday, December 16, 2024 | ||
| 2 | 2
discov
Corporate/Diversity Disclosure Statement
Mon 12/16 2:56 PM
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Olympic Ophthalmics Inc. (Willey, Stephen) |
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| 1 | 1
19
pgs
cmp
Complaint
Mon 12/16 2:01 PM
COMPLAINT against defendant(s) Michael Gertner with JURY DEMAND Attorney Stephen C Willey added to party Olympic Ophthalmics Inc(pty:pla) filed by Olympic Ophthalmics Inc.(Willey, Stephen) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Report on Patents and Trademarks (AO Form 120)
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