Champion Mortgage Company, Inc. et al v. Web Group, Inc. et al



 
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RFC Case Number: T-C00-669W
Court Case Number: 1:00-cv-00669-JOF
File Date: Monday, March 13, 2000
Plaintiff: Champion Mortgage Company, Inc.
KeyCorp
Plaintiff Counsel:
Defendant: Web Group, Inc.
Angie Graves
Cause: 28:1338 Trademark Infringement
Court: Georgia Northern District Court
Judge: Judge J. Owen Forrester
Notes: Date Terminated: 10/10/2002

Docket Text

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Date # Docket Text
7/20/2011 Remark re 79 Exhibit Return Notification. Exhibits destroyed pursuant to LR 79.1D(2). (bse) (Entered: 07/20/2011)
1/6/2011 79 NOTICE TO COUNSEL OF RECORD, David Stewart and Mathew Nasrallah, regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS pursuant to Local Rule 79.1D(2).. (tcc) (Entered: 01/06/2011)
1/3/2003 78 ENDORSED ORDER by Judge J. O. Forrester APPROVING [77-1] stipulation by Angie Graves, Web Group, Inc. and KeyCorp (cc) (adg) (Entered: 01/06/2003)
12/6/2002 77 Stipulation by parties regarding [76-1] judgment; the parties stipulate that no appeal shall be filed from judgment; if dfts comply w/jgm and immediately effect transfer of champion.com domain name to pla, pla shall file no atty fee/costs petition; except as modified by stipulation, the jgm of 10/9/02 shall remain in full force and effect (to JOF) (adg) (Entered: 12/09/2002)
10/10/2002 76 JUDGMENT ENTERED for plaintiff against defendants. The domain name champion.com to be transferred from dfts to pla. Jgm is entered in favor of pla and against dfts as to dfts' counterclaim for declaratory judgment. Costs to follow the jgm. (cc) (fmm) (Entered: 10/15/2002)
10/10/2002 75 ORDER by Judge J. O. Forrester GRANTING the injunctive relief prayed for by pla and ORDERING the domain name champion.com be transferred to pla. Jgm is entered in favor of pla and against dfts on the councerlaim as the Court has found dfts to be cybersquatters. Pla to be awarded atty fees. Costs to follow the judgment. (cc) (fmm) (Entered: 10/15/2002)
10/10/2002 Case terminated. (fmm) (Entered: 10/15/2002)
9/17/2002 Steno notes of proceedings held 7/23/02 before Judge J. O. Forrester , by Court Reporter Lois D. Phillips. (fmm) (Entered: 09/17/2002)
9/5/2002 74 Modifications proposed by defendants to the proposed final order submitted by plaintiff. (adg) (Entered: 09/06/2002)
8/5/2002 73 TRANSCRIPT filed RE: Findings of Fact and Conclusions of Law before Judge, J. Owen Forrester for dates of 7/23/02 Court Reporter: Lois D. Phillips (adg) (Entered: 08/06/2002)
8/1/2002 72 ORDER APRVD BY CRD GRANTING [62-1] pro hac vice application of Christopher K. Walters. (cc) (adg) (Entered: 08/02/2002)
7/24/2002 Exhibits received from CRD for plaintiff and defendants for bench trial held 7/16/02-7/17/02. (Placed 1 folder w/2 video tapes in exhibit room) (adg) Modified on 07/26/2002 (Entered: 07/25/2002)
7/23/2002 71 ORAL FINDINGS OF FACT AND CONCLUSIONS of law by Judge J. O. Forrester, as stated on the record, the parties are ORDERED to prepare an order that fairly captures what the Court has said today and they are allowed to suggest a few points that the Court may have overlooked and they wish for him to consider when making a final decision; In sum the Court finds a good number of factors that set out to demonstrate bad faith and show that the dft set out to profit for the mark; injunctive relief is GRANTED to the plaintiff and relief by the defendant is DENIED; plaintiff has 30 days to provide the Court w/a faithful final order and the defendant is DIRECTED to turn over the name to the plaintiff. (adg) (Entered: 08/02/2002)
7/17/2002 70 Non-jury trial before Judge J. O. Forrester concluded. Closing arguments by both sides; Court has directed counsel to return 7/23/02 at 3:00 for a post trial hearing at which time the Judge will discuss his findings of fact/law and then allow counsel to file briefs in response to the court's findings. (adg) (Entered: 07/26/2002)
7/17/2002 70 Non-jury trial before Judge J. O. Forrester continues. Defendants argued. Witnesses sworn. Defendants' exhibits admitted. Plaintiff's exhibits admitted. Plaintiff rebuts. Plaintiff rests. Defendants rest. Evidence close. Dft verbally moves for jgm as a matter of law, verbally DENIED. Dft moves for jgm as a matter of law (second time), verbally DENIED. (adg) (Entered: 07/26/2002)
7/16/2002 69 Supplemental pretrial brief by plaintiff. (adg) (Entered: 07/26/2002)
7/16/2002 68 Non-jury trial before Judge J. O. Forrester begins. Plaintiff argued. Plaintiff's exhibits admitted. Witnesses sworn. Defendants' cross. Defendants' exhibits admitted. Defendants argued. Plaintiff filed supplemental pretrial brief. (adg) (Entered: 07/26/2002)
7/16/2002 68 PRE-TRIAL CONFERENCE HELD before Judge J. O. Forrester, [64-1] motion to substitute GRANTED; [66-1] motion in limine GRANTED (on trial minute sheet) (adg) (Entered: 07/26/2002)
7/16/2002 VERBAL ORDER by Judge J. O. Forrester GRANTING [64-1] motion to substitute KeyCorp as plaintiff, GRANTING [66-1] motion in limine concerning pla's exhibits 46, 20A, 47A, 47B, 32B, 32C and unmarked chart with attached documents, DENYING oral motion in limine by Champion Mortgage, DENYING oral motion to renew demand for jury trial by defendants. (adg) (Entered: 07/26/2002)
7/16/2002 Oral MOTION by defendants to renew demand for jury trial . (adg) (Entered: 07/26/2002)
7/16/2002 Oral MOTION by plaintiff Champion Mortgage in limine . (adg) (Entered: 07/26/2002)
7/15/2002 67 ORDER by Judge J. O. Forrester permitting pla to bring a television monitor and video cassette recorder/player into the courtroom (cc) (jph) (Entered: 07/16/2002)
7/15/2002 66 OBJECTIONS TO AND MOTION by defendants in limine concerning pla's exhibits 46, 20A, 47A, 47B, 32B, 32C and unmarked chart with attached documents (jph) (Entered: 07/16/2002)
7/15/2002 65 Response and memorandum by defendants in opposition to [64-1] motion to substitute KeyCorp as plaintiff (jph) (Entered: 07/16/2002)
7/12/2002 64 MOTION by plaintiff to substitute KeyCorp as plaintiff . (adg) (Entered: 07/15/2002)
7/12/2002 63 Pretrial brief by defendants. (adg) (Entered: 07/15/2002)
7/12/2002 Proposed order by plaintiff allowing plaintiff to bring in a telivision monitor and video cassett recorder/player into the courtroom. (to JOF) (adg) (Entered: 07/15/2002)
7/9/2002 62 Application for admission of Christopher K. Walters pro hac vice for plaintiff. (to Admin for approval) (adg) (Entered: 07/11/2002)
6/28/2002 61 Pretrial brief by plaintiff. (adg) (Entered: 07/01/2002)
6/14/2002 60 Jury Trial Calendar, jury trial set for 9:30 7/9/02 (notice by CRD) (adg) (Entered: 06/21/2002)
4/22/2002 59 ORDER by Judge J. O. Forrester DENYING [55-1] motion for leave to take the deposition of defendant Angie Graves by Champion Mortgage. Parties are DIRECTED to file their consolidated pto w/in 30 days of the filing date of this order. pre-trial order due on 5/27/02 (cc) (adg) (Entered: 04/23/2002)
4/4/2002 Proposed pre-trial order received from parties. (to JOF) (adg) (Entered: 04/05/2002)
3/27/2002 SUBMITTED to Judge J. O. Forrester on [55-1] motion for leave to take the deposition of defendant Angie Graves (adg) (Entered: 03/27/2002)
3/26/2002 58 Response by defendants in opposition to [55-1] motion for leave to take the deposition of defendant Angie Graves (adg) (Entered: 03/27/2002)
3/21/2002 57 Amendment to memorandum by plaintiff in support [55-1] motion for leave to take the deposition of defendant Angie Graves (adg) (Entered: 03/22/2002)
3/19/2002 56 ORDER by Judge J. O. Forrester, proposed consolidated pretrial order due w/in 10 day of receipt of this order, on 4/8/02 (cc) (adg) (Entered: 03/20/2002)
3/13/2002 55 MOTION by plaintiff for leave to take the deposition of defendant Angie Graves with brief in support. (ck) (Entered: 03/14/2002)
1/10/2002 54 ORDER by Judge J. O. Forrester DENYING [51-1] motion for reconsideration of [50-1] order by Champion Mortgage (cc) (adg) (Entered: 01/11/2002)
11/15/2001 53 Reply brief in support of [51-1] motion for reconsideration of [50-1] order by plaintiff. (adg) (Entered: 11/15/2001)
10/31/2001 SUBMITTED to Judge J. O. Forrester on [51-1] motion for reconsideration of [50-1] order (adg) (Entered: 10/31/2001)
10/30/2001 52 Response by defendants in opposition to [51-1] motion for reconsideration of [50-1] order (adg) (Entered: 10/31/2001)
10/15/2001 51 MOTION by plaintiff for reconsideration of [50-1] order with memorandum in support. (adg) (Entered: 10/15/2001)
9/27/2001 50 ORDER by Judge J. O. Forrester GRANTING IN PART AND DENYING IN PART [36-1] motion to strike dfts' affirmative defenses contained within [34-1] answer by Champion Mortgage. Pla's motion to strike dfts' defense of laches and failure to state a claim is GRANTED. Pla's motion to strike dfts' defense of failure to join indispensable parties under Rule 19 is DENIED. DENYING the [38-1] motion to dismiss by Angie Graves and Web Group, Inc., DENYING [38-2] motion for judgment on the pleadings by Graves and Web Group, Inc., GRANTING IN PART AND DENYING IN PART [36-2] motion to dismiss cntclm by Champion Mortgage. Pla's motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) is DENIED w/respect to counterclaims II thru V. Instead, these claims are DISMISSED for lack of subject matter jurisdiction pursuant to Rule 12(b)(1). DENYING AS MOOT the [38-3] motion for summary judgment by Angie Graves and Web Group, Inc. on these counterclaims. Pla's motion to dismiss counterclaim VI is GRANTED. Dfts' counterclaim for defamation is DISMISSED. DENYING AS MOOT [36-3] motion for a more definite statement by Champion Mortgage. Pla's motion to dismiss is GRANTED w/respect to counterclaims VII thur IX. Said counterclaims hereby are DISMISSED. Pla's motion to dismiss counterclaim X for failure to state a claim pursuant to Rule 12(b)(6) is DENIED. Instead, said counterclaim is DISMISSED for lack of subject matter jurisdiction pursuant to 12(b)(6).(cc) (adg) (Entered: 09/28/2001)
8/29/2001 49 Notice of supplemental authority by defendants. (adg) (Entered: 08/30/2001)
6/26/2001 48 Attorney appearance for plaintiff by Robert L. Lee (adg) (Entered: 06/26/2001)
5/10/2001 47 Certification of Consent to Substitution of Counsel for defendants E. Dale Robertson replacing attorney Carl Oppedahl and Marina T. Larson for defendants. (adg) (Entered: 05/10/2001)
5/10/2001 ENDORSED ORDER APRVD BY CRD GRANTING [46-1] pro hac vice application of E. Dale Robertson. (cc) (adg) (Entered: 05/11/2001)
5/4/2001 46 Application for admission of E. Dale Robertson pro hac vice for defendants (adg) (Entered: 05/08/2001)
3/19/2001 45 REPLY by defendants to response to [38-1] motion to dismiss, [38-2] motion for judgment on the pleadings, [38-3] motion for summary judgment w/statement of material facts. (adg) (Entered: 03/19/2001)
3/6/2001 SUBMITTED to Judge J. O. Forrester on [38-3] motion for summary judgment (File in chambers) (adg) (Entered: 03/06/2001)
3/5/2001 44 Memorandum of law by plaintiff in support of [36-2] motion to dismiss cntclm, [36-1] motion to strike dfts' affirmative defenses contained within [34-1] answer, [36-3] motion for a more definite statement (contained w/in response at doc #44) (adg) (Entered: 03/06/2001)
3/5/2001 44 Memorandum of law by plaintiff in opposition to [38-1] motion to dismiss, [38-2] motion for judgment on the pleadings, [38-3] motion for summary judgment w/ statement of material facts. (adg) (Entered: 03/06/2001)
3/1/2001 43 Memorandum of law by plaintiff in support of [36-2] motion to dismiss cntclm count x. (adg) (Entered: 03/05/2001)
3/1/2001 42 Memorandum by plaintiff in support of [36-1] motion to strike dfts' affirmative defenses contained within [34-1] answer, [36-2] motion to dismiss cntclm, [36-3] motion for a more definite statement (adg) (Entered: 03/01/2001)
3/1/2001 42 Memorandum in response by plaintiff in opposition to [38-1] motion to dismiss, [38-2] motion for judgment on the pleadings (adg) (Entered: 03/01/2001)
3/1/2001 SUBMITTED to Judge J. O. Forrester on [38-1] motion to dismiss, [38-2] motion for judgment on the pleadings (File in chambers) (adg) (Entered: 03/01/2001)
2/28/2001 41 ANSWERS TO MANDATORY DISCLOSURES by defendants (adg) (Entered: 02/28/2001)
2/23/2001 40 Amended memorandum by plaintiff in support of [36-1] motion to strike dfts' affirmative defenses contained within [34-1] answer, [36-2] motion to dismiss cntclm or, in the alternative [36-3] motion for more definite statement (adg) (Entered: 02/26/2001)
2/23/2001 39 Notice of filing amendment to memorandum by plaintiff in support of its motion to strike dfts' counterclaim or, in the alternative, for a more definite statement. (adg) (Entered: 02/26/2001)
2/14/2001 SUBMITTED to Judge J. O. Forrester on [36-1] motion to strike dfts' affirmative defenses contained within [34-1] answer, [36-2] motion to dismiss cntclm, [36-3] motion for a more definite statement (adg) (Entered: 02/14/2001)
2/13/2001 38 MOTION by defendants to dismiss , and for judgment on the pleadings , and for summary judgment with proposed order. (contained w/in response at document #38) (notice sent to counsel) (adg) Modified on 02/14/2001 (Entered: 02/14/2001)
2/13/2001 38 Response by defendant in opposition to [36-1] motion to strike dfts' affirmative defenses contained within [34-1] answer, [36-2] motion to dismiss cntclm and [36-3] motion for more definite statement with proposed order. (adg) Modified on 02/14/2001 (Entered: 02/14/2001)
2/5/2001 37 Revised case instructions. (cc) (adg) (Entered: 02/06/2001)
1/25/2001 36 MOTION by plaintiff to strike dfts' affirmative defenses contained within [34-1] answer , and to dismiss cntclm , or for a more definite statement with memorandum in support. (adg) (Entered: 01/26/2001)
1/25/2001 35 ANSWER by Champion Mortgage to counterclaim [34-2] . (adg) (Entered: 01/26/2001)
1/8/2001 34 ANSWER by Web Group, Inc. and Angie Graves to complaint [1-1] and COUNTERCLAIM against Champion Mortgage Discovery ends 6/7/01. (Defense of laches is STRICKEN per [50-1] order of 9/27/01) (adg) Modified on 09/28/2001 (Entered: 01/08/2001)
12/15/2000 33 ORDER by Judge J. O. Forrester DENYING [30-1] motion for reconsideration of [29-1] order by Angie Graves, Web Group, Inc., GRANTING [31-1] motion to extend time to answer [1-1] complaint in light of pending motion for reconsideration. Dfts are DIRECTED to serve and file their answer w/in 15 days of receipt of this order. (cc) (fmm) (Entered: 12/20/2000)
12/15/2000 Terminated submissions. (fmm) (Entered: 12/20/2000)
10/5/2000 SUBMITTED to Judge J. O. Forrester on [31-1] motion to extend time to answer [1-1] complaint in light of pending motion for reconsideration, [30-1] motion for reconsideration of [29-1] order (aar) (Entered: 10/05/2000)
10/4/2000 32 Response by plaintiff in opposition to [30-1] motion for reconsideration of [29-1] order, [31-1] motion to extend time to answer [1-1] complaint in light of pending motion for reconsideration (aar) (Entered: 10/05/2000)
9/29/2000 31 MOTION by defendants to extend time to answer [1-1] complaint in light of pending motion for reconsideration with brief in support. (fmm) (Entered: 10/05/2000)
9/26/2000 30 MOTION by defendants' for reconsideration of [29-1] order (aar) (Entered: 09/29/2000)
9/20/2000 29 ORDER by Judge J. O. Forrester denying as moot the [24-1] motion for leave to file a surreply brief in opposition to dfts motion to dismiss by Web Group, Inc., DENYING [19-1] motion to dismiss under DED.R.CIV.P.12(B)(7) by Angie Graves, Web Group, Inc., denying as moot the [9-1] motion to dismiss by Angie Graves, Web Group, Inc. (cc) (aar) (Entered: 09/21/2000)
9/20/2000 Terminated submissions. (aar) (Entered: 09/21/2000)
8/4/2000 28 Letter by defendants' [19-1] motion to dismiss under FED.R.CIV.P.12(B)(7) (aar) (Entered: 08/07/2000)
6/14/2000 27 ORDER BY CRD APPROVING [26-1] pro hac vice applications for Carl Oppedahl and Marina T. Larson (cc) (aar) (Entered: 06/15/2000)
6/9/2000 26 Application for admission of Carl Oppedahl, Marina T. Larson pro hac vice for defendants (to JOF) (aar) (Entered: 06/13/2000)
5/23/2000 SUBMITTED to Judge J. O. Forrester on [24-1] motion for leave to file a surreply brief in opposition to dfts motion to dismiss (file in chambers) (aar) (Entered: 05/23/2000)
5/18/2000 25 Response by defendant in opposition [24-1] motion for leave to file a surreply brief in opposition to dfts motion to dismiss (aar) (Entered: 05/23/2000)
5/17/2000 ENDORSED ORDER BY CRD APPROVING [20-1] pro hac vice application for Francis J. White III (cc) (aar) (Entered: 05/19/2000)
5/12/2000 24 MOTION by plaintiff for leave to file a surreply brief in opposition to dfts motion to dismiss (crc) Modified on 12/20/2000 (Entered: 05/15/2000)
5/8/2000 23 REPLY by defendants' to response to [19-1] motion to dismiss under DED.R.CIV.P.12(B)(7) (aar) (Entered: 05/11/2000)
4/21/2000 SUBMITTED to Judge J. O. Forrester on [19-1] motion to dismiss under DED.R.CIV.P.12(B)(7) (file in chambers) (aar) (Entered: 04/21/2000)
4/20/2000 22 Memorandum of law by plaintiff in opposition to [19-1] motion to dismiss under DED.R.CIV.P.12(B)(7) (aar) (Entered: 04/21/2000)
4/11/2000 21 Certificate of interested persons filed by plaintiff only. (to judge) (aar) (Entered: 04/12/2000)
4/10/2000 20 Application for admission of Francis J. White pro hac vice for plaintiff (fmm) (Entered: 04/11/2000)
4/10/2000 ENDORSED ORDER BY CRD APPROVING [17-1] pro hac vice applications for Ira Lefton & Alison Weisberg (cc) (aar) (Entered: 04/10/2000)
4/6/2000 19 MOTION to dismiss under DED.R.CIV.P.12(B)(7) (aar) (Entered: 04/10/2000)
4/6/2000 18 Certificate of interested persons by defendant's only. (to judge) (aar) (Entered: 04/10/2000)
4/5/2000 16 Defendants' notice of substitution of local counsel. (aar) (Entered: 04/06/2000)
4/5/2000 Added attorney for defendants: Mathew Gilbert Nasrallah. (aar) (Entered: 04/06/2000)
4/4/2000 15 Notice of registar certificate into the registry of the court by plaintiff. (aar) (Entered: 04/04/2000)
4/4/2000 14 ANSWERS TO MANDATORY DISCLOSURES by plaintiff (aar) (Entered: 04/04/2000)
4/3/2000 17 Application for admission of Ira S. Lefton, Alison B. Weisberg pro hac vice for plaintiff (aar) (Entered: 04/06/2000)
4/3/2000 13 Certification of Consent to Substitution of Counsel for plaintiff Champion Mortgage . David J. Stewart, Christopher Brett Roblyer replacing attorney David B. McCormack for Champion Mortgage. (aar) (Entered: 04/04/2000)
3/30/2000 SUBMITTED to Judge J. O. Forrester on [9-1] motion to dismiss (aar) (Entered: 03/30/2000)
3/13/2000 12 Certified copy of CONSENT ORDER that the within matter be transferred to USDC ND GA and that the dfts file their ans in this matter no later than 4/3/00 (signed by Sr. Judge Falcon Hawkins) (filed on 3/8/00 in USDC SC) (crc) Modified on 03/20/2000 (Entered: 03/20/2000)
3/13/2000 9 MOTION by defendants to dismiss . (Filed on 2/22/00 in USDC SC). (crc) (Entered: 03/20/2000)
3/13/2000 1 COMPLAINT filed and summons(es) issued (complaint filed on 1/21/00 in USDC SC). (crc) Modified on 03/20/2000 (Entered: 03/20/2000)
3/13/2000 Original file, certified copy of transfer order and docket sheet received from USDS SC Charlotte. (crc) Modified on 03/20/2000 (Entered: 03/20/2000)
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