Moffat, Marilyn et al v. Academy of Geriatric Physical Therapy

Filing 119

Transmission of Notice of Appeal, Docketing Statement, Order and Docket Sheet to Seventh Circuit Court of Appeals re: 117 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Docket Sheet) (lak)

APPEAL, CLOSED, IKC, PROTECTIVE_ORDER,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:15-cv-00626-jdp

Moffat, Marilyn et al v. Academy of Geriatric Physical Therapy
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Case in other court: 7th Circuit, 17-01432
Cause: 17:101 Copyright Infringement

Date Filed: 09/29/2015
Date Terminated: 01/27/2017
Jury Demand: Both
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question

Plaintiff
Marilyn Moffat

represented by James E. Griffith
Marshall Gerstein & Borun LLP
233 S. Wacker Drive
6300 Sears Tower
Chicago, IL 60606
312-474-6300
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Richard Sachs , Jr.
24 West 69th Street
Apt 8b
New York, NY 10023
917-532-4385
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tiffany Dawn Gehrke
Marshall Gerstein & Borun LLP
233 S. Wacker Drive
6300 Sears Tower
Chicago, IL 60606
312-474-6300
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Plaintiff
Karen Kemmis

represented by James E. Griffith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Richard Sachs , Jr.

(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tiffany Dawn Gehrke
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Danielle Parker

represented by James E. Griffith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Richard Sachs , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tiffany Dawn Gehrke
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
Mark Richards

represented by James E. Griffith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Richard Sachs , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tiffany Dawn Gehrke
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
Academy of Geriatric Physical Therapy

represented by Jordan C.A. Corning
Husch Blackwell, LLP
33 East Main Street, Suite 300
P.O. Box 1379
Madison, WI 53701-1379
608-255-4440
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Melinda S. Giftos
Husch Blackwell, LLP
33 East Main Street, Suite 300
P.O. Box 1379
Madison, WI 53701-1379
608-255-4440
Email: [e-mail]
ATTORNEY TO BE NOTICED
Counter Claimant
Academy of Geriatric Physical Therapy

represented by Jordan C.A. Corning
(See above for address)
ATTORNEY TO BE NOTICED
Melinda S. Giftos
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Karen Kemmis

represented by James E. Griffith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Richard Sachs , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tiffany Dawn Gehrke
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
Marilyn Moffat

represented by James E. Griffith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Richard Sachs , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tiffany Dawn Gehrke
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant

Danielle Parker

represented by James E. Griffith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Richard Sachs , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tiffany Dawn Gehrke
(See above for address)
ATTORNEY TO BE NOTICED

Counter Defendant
Mark Richards

represented by James E. Griffith
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John Richard Sachs , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tiffany Dawn Gehrke
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

09/29/2015

1 COMPLAINT against Academy of Geriatric Physical Therapy. ( Filing fee $ 400 receipt number
0758-1653358.), filed by All Plaintiffs. (Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Summons) (Sachs, John) (Entered: 09/29/2015)

09/29/2015

Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L.
Crocker. (jat) (Entered: 09/29/2015)

09/29/2015

Standard attachments for Judge James D. Peterson required to be served on all parties with
summons or waiver of service: NORTC, Corporate Disclosure Statement. (jat) (Entered:
09/29/2015)

09/29/2015

2 Summons Issued as to Academy of Geriatric Physical Therapy. (jat) (Entered: 09/29/2015)

10/06/2015

Action Requested: Counsel for plaintiff is requested to filed the AO 121. (jat) (Entered:
10/06/2015)

10/07/2015

3 Waiver of Service Returned Executed by Defendant Academy of Geriatric Physical Therapy.
(Sachs, John) Modified on 10/8/2015. (lak) (Entered: 10/07/2015)

10/07/2015

4 Exhibit re: 1 Complaint, (Form AO 121) by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards (Sachs, John) Modified on 10/8/2015. (lak) (Entered: 10/07/2015)

10/07/2015

5 Report on Filing of Copyright Action. Copy mailed to Copyright Office. (jat) (Entered:
10/07/2015)

11/30/2015

6 ANSWER with Jury Demand, COUNTERCLAIM against All Plaintiffs by Defendant Academy of
Geriatric Physical Therapy, (Attachments:
# 1 Exhibit 1 - Sample contracts) (Giftos, Melinda) Modified on 11/30/2015. (lak) (Entered:
11/30/2015)

11/30/2015

Set Telephone Conference: Telephone Pretrial Conference set for 12/23/2015 at 01:00 PM before
Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to
chambers at [phone]. [Standing Order Governing Preliminary Pretrial Conference
attached] (jat) (Entered: 11/30/2015)

12/14/2015

Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 12/23/2015 at
01:00 PM rescheduled to 12/22/2015 at 02:30 PM to accommodate the calendar of the court.
Counsel for Plaintiff remains responsible for setting up the call to chambers at [phone].
(cak) (Entered: 12/14/2015)

12/17/2015

7 Joint Rule 26 Initial Disclosure Report by Defendant Academy of Geriatric Physical Therapy.
(Giftos, Melinda) (Entered: 12/17/2015)

12/21/2015

8 Reply to Counterclaim by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark
Richards, Counter Defendants Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark Richards.
(Sachs, John) (Entered: 12/21/2015)

01/05/2016

9 Pretrial Conference Order - Amendments to Pleadings due 2/5/2016. Dispositive Motions due
6/17/2016. Settlement Letters due 12/19/2016. Motions in Limine due 1/6/2017. Response to
Motion due 1/20/2017. Final Pretrial Conference set for 2/1/2017 at 04:00 PM. Jury Selection and
Trial set for 2/6/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 12/31/15.
(jat) (Entered: 01/05/2016)

03/08/2016

10 Motion for Protective Order by Defendant Academy of Geriatric Physical Therapy, (Attachments:
# 1 Exhibit A - Acknowledgement,
# 2 Text of Proposed Order) (Giftos, Melinda) (Entered: 03/08/2016)

03/14/2016

11 ** TEXT ONLY ORDER **
Motion for Protective Order 10 is accepted and entered by the court. Signed by Magistrate Judge
Stephen L. Crocker on 3/14/16. (jat) (Entered: 03/14/2016)

04/18/2016

12 Motion to Compel Discovery by Defendant Academy of Geriatric Physical Therapy. Motions
referred to Magistrate Judge Stephen L. Crocker. Response due 4/25/2016. (Giftos, Melinda)
(Entered: 04/18/2016)

04/18/2016

13 Declaration of Melinda S. Giftos filed by Defendant Academy of Geriatric Physical Therapy re: 12
Motion to Compel, (Attachments:
# 1 Exhibit A - AGPT's First Set of Written Interrogatories and Request for Production of
Documents,
# 2 Exhibit B - March 18, 2016 e-mail,
# 3 Exhibit C - March 28, 2016 e-mail,
# 4 Exhibit D - April 6, 2016 e-mail,
# 5 Exhibit E - April 14, 2016 e-mail) (Giftos, Melinda) (Entered: 04/18/2016)

04/19/2016

14 ** TEXT ONLY ORDER **
On the afternoon of Monday, April 18, 2016, defendant filed a motion (dkt. 12 ) to compel
discovery responses from plaintiffs. According to defendant, plaintiffs' responses were due March
16, 2016; plaintiffs provided nothing, so defendant followed up on March 18, March 28 and April
6. Plaintiffs provided some documents on April 8, 2016, but not all of them, and have yet to

provide interrogatory responses. Defendant sent a final email on Thursday, April 14, but got no
response. In its motion, defendant asks the court to order plaintiffs to provide all of the discovery
by 5:00 p.m. on Wednesday, April 20, two days after filing its motion. This is because defendant
has noticed plaintiff depositions for April 27, 28, May 6 and 10. The court will not rule on
defendant's motion that quickly because the December 31, 2015 preliminary pretrial conference
allows plaintiffs seven calendar days to respond to the motion, see dkt. 9 at 4. That said, the order
also requires all parties to comply with their deadlines under the discovery rules, id. at 3 and
separately orders all parties to attend diligently to their obligations in this lawsuit and to
reasonably accommodate each other in all matters so as to secure the just, speedy and inexpensive
resolution of each proceeding in this matter, id. at 1. Therefore, If this court learns on April 25 that
plaintiffs have not provided all requested documents or have not provide complete interrogatory
responses by noon on Friday, April 22, 2016, then the court shall close discovery for the plaintiffs
and the magistrate judge will recommend to the presiding judge that he dismiss plaintiffs' claims
under Rule 37(b)(2)(A)(v) for failure to obey their court-ordered obligations as set forth in the
preliminary pretrial conference order. The court will reserve on the request for cost shifting until it
has entered its substantive order on defendant's motion. Signed by Magistrate Judge Stephen L.
Crocker on 4/19/16. (jat) (Entered: 04/19/2016)
04/25/2016

15 Declaration of John R. Sachs, Jr., filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards re: 12 Motion to Compel filed by Academy of Geriatric Physical Therapy,
(Attachments:
# 1 Exhibit A - Emails,
# 2 Exhibit B - Emails,
# 3 Exhibit C - Emails,
# 4 Exhibit D - Emails,
# 5 Exhibit E - Emails) (Sachs, John) Modified on 4/26/2016: Changed docketing event from Brief
in Opposition to Declaration. (lak) (Entered: 04/25/2016)

04/26/2016

16 ** TEXT ONLY ORDER **
On April 25, 2016, plaintiffs, by counsel, filed their response (dkt. 15 ) to defendant's motion to
compel discovery (dkt. 12 ) by reporting that they provided all outstanding discovery by the courtordered deadline (see dkt. 14) and providing plaintiff's version of what had--and had not-happened up to that point regarding discovery. From the court's perspective, this dispute now is
resolved, so it will deny defendant's motion as currently moot. All parties will bear their own costs
on the motion to compel. Signed by Magistrate Judge Stephen L. Crocker on 4/26/16. (jat)
(Entered: 04/26/2016)

05/27/2016

17 Motion to Amend Briefing Schedule to Extend Time for Dispositive Motions by Plaintiffs Karen
Kemmis, Marilyn Moffat, Danielle Parker, Mark Richards. Motions referred to Magistrate Judge
Stephen L. Crocker. (Sachs, John) Modified on 5/27/2016. (lak) (Entered: 05/27/2016)

05/27/2016

18 Declaration of John R. Sachs, Jr. re: 17 Motion to Amend Briefing Schedule by Plaintiffs Karen
Kemmis, Marilyn Moffat, Danielle Parker, Mark Richards. Motions referred to Magistrate Judge
Stephen L. Crocker. (Attachments:
# 1 Exhibit - Pretrial Order) (Sachs, John) Modified on 5/27/2016: Corrected docketing event;
termed motion. (lak) (Entered: 05/27/2016)

05/31/2016

19 ** TEXT ONLY ORDER **
Plaintiffs' unopposed motion (dkt. 17 ) to extend the deadline to file dispositive motions from June
17, 2016 to July 21, 2016 is GRANTED solely because the court's scheduling template for a
February 6, 2017 trial date can accommodate the requested extension. The preliminary pretrial
conference order specifically advises parties that the court will not extend this filing deadline
based on their failure to complete necessary discovery in time. See dkt. 9 at 3. Signed by
Magistrate Judge Stephen L. Crocker on 5/31/16. (jat) (Entered: 05/31/2016)

05/31/2016

Reset Deadlines: Dispositive Motions due 7/21/2016. (jat) (Entered: 05/31/2016)

07/18/2016

20 Notice by Counter Claimant Academy of Geriatric Physical Therapy, Defendant Academy of
Geriatric Physical Therapy of Firm Name Change. (Giftos, Melinda) Modified on 7/18/2016. (lak)
(Entered: 07/18/2016)

07/18/2016

21 Deposition of Anne Coffman taken on 6/20/2016. (Corning, Jordan) Modified on 7/19/2016. (lak)
(Entered: 07/18/2016)

07/18/2016

22 Deposition of Danille Parker taken on 4/28/2016. (Corning, Jordan) Modified on 7/19/2016. (lak)
(Entered: 07/18/2016)

07/18/2016

23 Deposition of Jill Heitzman taken on 6/23/2016. (Giftos, Melinda) Modified on 7/19/2016. (lak)
(Entered: 07/18/2016)

07/18/2016

24 Deposition of Karen Kemmis taken on 6/2/2016. (Giftos, Melinda) Modified on 7/19/2016. (lak)
(Entered: 07/18/2016)

07/18/2016

25 Deposition of Marilyn Moffat taken on 5/23/2016. (Giftos, Melinda) Modified on 7/19/2016. (lak)
(Entered: 07/18/2016)

07/18/2016

26 Deposition of Mark Richards taken on 4/27/2016. (Giftos, Melinda) Modified on 7/19/2016. (lak)
(Entered: 07/18/2016)

07/18/2016

27 Deposition of William Staples taken on 6/21/2016. (Giftos, Melinda) Modified on 7/19/2016. (lak)
(Entered: 07/18/2016)

07/21/2016

28 Notice of Appearance filed by Jordan C.A. Corning for Counter Claimant Academy of Geriatric
Physical Therapy, Defendant Academy of Geriatric Physical Therapy. (Corning, Jordan) (Entered:
07/21/2016)

07/21/2016

29 MOTION FOR SUMMARY JUDGMENT by Defendant Academy of Geriatric Physical
Therapy. Brief in Opposition due 8/11/2016. Brief in Reply due 8/22/2016. (Giftos, Melinda)
(Entered: 07/21/2016)

07/21/2016

30 MOTION FOR SUMMARY JUDGMENT by Plaintiffs Karen Kemmis, Marilyn Moffat,
Danielle Parker, Mark Richards. Brief in Opposition due 8/11/2016. Brief in Reply due 8/22/2016.
(Sachs, John) (Entered: 07/21/2016)

07/21/2016

31 Proposed Findings of Fact filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker,
Mark Richards re: 30 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Complaint,
# 2 Exhibit B - Slide Deck, Course 1,
# 3 Exhibit C - Lab Manual,
# 4 Exhibit D - Slide Deck, Course 2,
# 5 Exhibit E - Lab Manual,
# 6 Exhibit F - Slide Deck, Course III) (Sachs, John) Modified on 7/22/2016. (lak) (Entered:
07/21/2016)

07/21/2016

32 Continuation of Proposed Findings of Fact filed by Plaintiffs Karen Kemmis, Marilyn Moffat,
Danielle Parker, Mark Richards re: 30 Motion for Summary Judgment, (Attachments:
# 1 Exhibit G - Contracts,
# 2 Exhibit H - Draft Contracts,
# 3 Exhibit I - Draft Contracts,
# 4 Exhibit J - Contract,
# 5 Exhibit K - Draft Contracts,
# 6 Exhibit L - Contracts,
# 7 Exhibit M - Contracts,

# 8 Exhibit N - Memo,
# 9 Exhibit O - Board Minutes,
# 10 Exhibit P - Letter,
# 11 Exhibit Q - Email,
# 12 Exhibit R - Letter,
# 13 Exhibit S - Letter,
# 14 Exhibit T - Letter,
# 15 Exhibit U - Letter,
# 16 Exhibit W - Lab Manual,
# 17 Exhibit X - Slide Deck,
# 18 Exhibit Y - Lab Manual,
# 19 Exhibit Z - Slide Deck,
# 20 Exhibit AA - Lab Manual,
# 21 Exhibit BB -Memo,
# 22 Exhibit CC - Email,
# 23 Exhibit JJ - Memo) (Sachs, John) Modified on 7/22/2016: Exhibits DD - II? (lak) (Entered:
07/21/2016)
07/21/2016

33 Declaration of Jordan C. Corning filed by Counter Claimant Academy of Geriatric Physical
Therapy, Defendant Academy of Geriatric Physical Therapy re: 29 Motion for Summary
Judgment, (Attachments:
# 1 Exhibit 1 - Physical Therapist's Exercise Prescription for Aging Adults, Laboratory Manual
and Registration,
# 2 Exhibit 2 (Part 1) - Physical Therapist Exercise/Physical Activity Prescription and
Registration,
# 3 Exhibit 2 (Part 2) - Physical Therapist Exercise/Physical Activity Prescription and
Registration,
# 4 Exhibit 3 (Part 1) - Physical Therapist Evidence-Based Exercise Prescription, Complementary
Exercises, Nutrition, Meds. and Registration,
# 5 Exhibit 3 (Part 2) - Physical Therapist Evidence-Based Exercise Prescription, Complementary
Exercises, Nutrition, Meds. and Registration,
# 6 Exhibit 4 - Physical Therapist's Evidence-Based Exercise Prescription for Aging Adults
Disease/Condition Specific, Medication Influences, Nutrition, Complementary Exercises
Laboratory Manual and Registration,
# 7 Exhibit 5 - Physical Therapist Exercise Prescription for Aging Adults and Registration,
# 8 Exhibit 6 (Part 1) - Physical Therapist Examination and Exercise Prescription for Aging Adults
(Slide Deck) and Registration,
# 9 Exhibit 6 (Part 2) - Physical Therapist Examination and Exercise Prescription for Aging Adults
(Slide Deck) and Registration,
# 10 Exhibit 7 - Functional Test Forms/Flow Chart and Registration,
# 11 Exhibit 8 - Physical Therapist's Examination Aging Adults Tests & Measures Laboratory
Manual and Registration,
# 12 Exhibit 9 - Relevant portions of Marilyn Moffat's Response to Interrogatories dated April 21,
2016,
# 13 Exhibit 10 - January 29, 2009, Report to the Board,
# 14 Exhibit 11 - February 6, 2004, Members Meeting Section on Geriatrics, APTA,
# 15 Exhibit 12 - September 24, 2007, Final TF Report to Board,
# 16 Exhibit 13 - August 30, 2004 Initial Report of TF to Board,
# 17 Exhibit 14 - July 13 2005 TF Report to the Board,
# 18 Exhibit 15 - June 5, 2006 TF Report to the Board,
# 19 Exhibit 16 - May 21, 2007 TF Report to the Board,
# 20 Exhibit 17 - January 11, 2007 TF Report to Board,

# 21 Exhibit 18 - History of TF Activities Submitted for Award,
# 22 Exhibit 19 - E-mail from William Staples to John Barr and Karen Curran dated March 4,
2014,
# 23 Exhibit 20 - CEEAA Proposed Certification Program,
# 24 Exhibit 21 - Academy's Board meeting minutes from February 7, 2004, through October 8,
2014,
# 25 Exhibit 22 - E-mail string regarding permissions to use 3rd party materials,
# 26 Exhibit 23 - Representative sampling of contracts signed by Plaintiff Moffat,
# 27 Exhibit 24 - "Pre-Course" taught by KK and MR in Kansas City 4/12/2008,
# 28 Exhibit 25 (Part 1) - Physical Therapist Exercise/Physical Activity Prescription Part I,
# 29 Exhibit 25 (Part 2) - Physical Therapist Exercise/Physical Activity Prescription Part I,
# 30 Exhibit 26 - Relevant portions of Karen Kemmis' Response to Interrogatories dated April 21,
2016,
# 31 Exhibit 27 - Relevant portions of Danille Parker's Response to Interrogatories dated April 20,
2016,
# 32 Exhibit 28 - Relevant portions of Mark Richard's Response to Interrogatories dated April 20,
2016,
# 33 Exhibit 29 - Academy's annual budgets from 2005 through 2016,
# 34 Exhibit 30 - Email between Staples and Marilyn Moffat dated January 13, 2014,
# 35 Exhibit 31 - Letter from William Staples to Marilyn Moffat and Karen Kemmis dated January
15, 2014,
# 36 Exhibit 32 - Representative sampling of contracts signed by Plaintiff Kemmis,
# 37 Exhibit 33 - Representative sampling of contracts signed by Plaintiff Richards,
# 38 Exhibit 34 - Representative sampling of contracts signed by Plaintiff Parker,
# 39 Exhibit 35 - Section on Geriatrics Board of Directors Action Items 2008 (as of 5/27/08))
(Corning, Jordan) Modified on 7/22/2016. (lak) (Entered: 07/21/2016)
07/21/2016

34 Exhibit 29 to 33 Declaration re: 29 Motion for Summary Judgment filed by Academy of Geriatric
Physical Therapy. (Sealed Document) (Corning, Jordan) Modified on 7/22/2016: Linked to the
pending motion. (lak) (Entered: 07/21/2016)

07/21/2016

35 Disregard. See 45 for signed version. Modified on 7/24/2016. (lak) (Entered: 07/21/2016)

07/21/2016

36 Affidavit of Danille Parker re: 30 Motion for Summary Judgment by Plaintiffs Karen Kemmis,
Marilyn Moffat, Danielle Parker, Mark Richards, (Attachments:
# 1 Exhibit A - Letter) (Sachs, John) Modified on 7/22/2016: Corrected docket entry, etc. E-mail
to counsel. (lak) (Entered: 07/21/2016)

07/21/2016

37 Brief in Support re: 30 Motion for Summary Judgment by Plaintiffs Karen Kemmis, Marilyn
Moffat, Danielle Parker, Mark Richards. (Sachs, John) Modified on 7/22/2016: Corrected
docketing event, etc. E-mail to counsel. (lak) (Entered: 07/21/2016)

07/21/2016

38 Declaration of Dr. William H. Staples filed by Counter Claimant Academy of Geriatric Physical
Therapy, Defendant Academy of Geriatric Physical Therapy re: 29 Motion for Summary
Judgment, (Attachments:
# 1 Exhibit A - 2014 Tax Form 990,
# 2 Exhibit B (Part 1) - Course Part I PP,
# 3 Exhibit B (Part 2) - Course Part I PP,
# 4 Exhibit C - Course Part 1 Lab Manual,
# 5 Exhibit D - Course Part II PP,
# 6 Exhibit E - Course Part II Lab Manual,
# 7 Exhibit F (Part 1) - Course Part III PP,
# 8 Exhibit F (Part 2) - Course Part III PP,
# 9 Exhibit G - Course Part III Lab Manual,

# 10 Exhibit H - Acknowledgement and Assignment of Rights,
# 11 Exhibit I - "Our Rich History") (Giftos, Melinda) Modified on 7/22/2016. (lak) (Entered:
07/21/2016)
07/21/2016

39 Declaration of Jill Heitzman filed by Counter Claimant Academy of Geriatric Physical Therapy,
Defendant Academy of Geriatric Physical Therapy re: 29 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit A - Acknowledgement and Assignment of Rights) (Giftos, Melinda) (Entered:
07/21/2016)

07/21/2016

40 Declaration of Dr. Dale Avers filed by Counter Claimant Academy of Geriatric Physical Therapy,
Defendant Academy of Geriatric Physical Therapy re: 29 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit A - Memorandum,
# 2 Exhibit B - Community Screening Form,
# 3 Exhibit C - Exercise Guidelines,
# 4 Exhibit D - Risks of Inactivity Brochure,
# 5 Exhibit E - Powerpoint Presentation,
# 6 Exhibit F - Powerpoint Presentation,
# 7 Exhibit G - APTA's Section on Geriatrics Guide,
# 8 Exhibit H - Draft Educational Curriculum Guidelines,
# 9 Exhibit I (Part 1) - Task Force Continuing Education Presentation,
# 10 Exhibit I (Part 2) - Task Force Continuing Education Presentation,
# 11 Exhibit J - Task Force Continuing Education Presentation,
# 12 Exhibit K - CAAEE Certification,
# 13 Exhibit L - Acknowledgement and Assignment of Rights) (Giftos, Melinda) Modified on
7/22/2016. (lak) (Entered: 07/21/2016)

07/21/2016

41 Declaration of Dr. Rita Wong filed by Counter Claimant Academy of Geriatric Physical Therapy,
Defendant Academy of Geriatric Physical Therapy re: 29 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit A - Acknowledgement and Assignment of Rights) (Giftos, Melinda) Modified on
7/22/2016. (lak) (Entered: 07/21/2016)

07/21/2016

42 Brief in Support of 29 Motion for Summary Judgment by Counter Claimant Academy of Geriatric
Physical Therapy, Defendant Academy of Geriatric Physical Therapy. (Giftos, Melinda) (Entered:
07/21/2016)

07/21/2016

43 Proposed Findings of Fact by Counter Claimant Academy of Geriatric Physical Therapy,
Defendant Academy of Geriatric Physical Therapy re: 29 Motion for Summary Judgment. (Giftos,
Melinda) Modified on 7/22/2016: Linked to the motion. (lak) (Entered: 07/21/2016)

07/21/2016

44 Declaration of Dr. John O. Barr filed by Counter Claimant Academy of Geriatric Physical
Therapy, Defendant Academy of Geriatric Physical Therapy re: 29 Motion for Summary
Judgment, (Attachments:
# 1 Exhibit A - Task Force's Product Plan dated 2007,
# 2 Exhibit B (Part 1) - Task Force Continuing Education Presentation,
# 3 Exhibit B (Part 2) - Task Force Continuing Education Presentation,
# 4 Exhibit C - Application for Award with the APTA,
# 5 Exhibit D - Academy's Trademark Registration,
# 6 Exhibit E - E-Mail Conversation with Moffat) (Giftos, Melinda) Modified on 7/22/2016. (lak)
(Entered: 07/21/2016)

07/22/2016

Reset Briefing Deadlines as to 29 MOTION FOR SUMMARY JUDGMENT, 30 MOTION FOR
SUMMARY JUDGMENT. Brief in Opposition due 8/18/2016. Brief in Reply due 9/1/2016. (See

Pretrial Conference Order 9 ) (jat) (Entered: 07/22/2016)
07/22/2016

45 Affidavit of Marilyn Moffat filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker,
Mark Richards re: 30 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Report,
# 2 Exhibit B - Contracts,
# 3 Exhibit C - Draft Contract,
# 4 Exhibit D - Draft Contract,
# 5 Exhibit E - Contract,
# 6 Exhibit F - Draft Contracts,
# 7 Exhibit G - Contracts,
# 8 Exhibit H - Memo,
# 9 Exhibit I - Board Minutes,
# 10 Exhibit J - Letter,
# 11 Exhibit K - Email,
# 12 Exhibit L - Letter,
# 13 Exhibit M - Letter,
# 14 Exhibit N - Board Minutes,
# 15 Exhibit O - Letter,
# 16 Exhibit P - Letter,
# 17 Exhibit R - Lab Manual,
# 18 Exhibit S - Slide Deck,
# 19 Exhibit T - Lab Manual,
# 20 Exhibit U - Slide Deck,
# 21 Exhibit V - Lab Manual,
# 22 Exhibit W - Memo) (Sachs, John) Modified on 7/24/2016: Corrected typo, etc. (lak) (Entered:
07/22/2016)

08/18/2016

46 Brief in Opposition by Counter Claimant Academy of Geriatric Physical Therapy, Defendant
Academy of Geriatric Physical Therapy re: 30 Motion for Summary Judgment filed by Marilyn
Moffat, Mark Richards, Danielle Parker, Karen Kemmis. (Giftos, Melinda) (Entered: 08/18/2016)

08/18/2016

47 Response to Proposed Findings of Fact filed by Counter Claimant Academy of Geriatric Physical
Therapy, Defendant Academy of Geriatric Physical Therapy re: 30 Motion for Summary
Judgment. (Giftos, Melinda) (Entered: 08/18/2016)

08/18/2016

48 Supplemental Proposed Findings of Fact filed by Counter Claimant Academy of Geriatric Physical
Therapy, Defendant Academy of Geriatric Physical Therapy re: 30 Motion for Summary
Judgment. (Giftos, Melinda) (Entered: 08/18/2016)

08/18/2016

49 Declaration of Melinda Giftos filed by Counter Claimant Academy of Geriatric Physical Therapy,
Defendant Academy of Geriatric Physical Therapy re: 30 Motion for Summary Judgment,
(Attachments:
# 1 Exhibit 36 - Docket Report, Order to Show Cause, and Amended Complaint,
# 2 Exhibit 37 - Email regarding proposed draft of undisputed findings of fact,
# 3 Exhibit 38 - CEEAA Course Materials) (Giftos, Melinda) (Entered: 08/18/2016)

08/18/2016

50 Brief in Opposition by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark Richards
re: 29 Motion for Summary Judgment filed by Academy of Geriatric Physical Therapy. (Sachs,
John) (Entered: 08/18/2016)

08/18/2016

51 Response to Proposed Findings of Fact filed by Plaintiffs Karen Kemmis, Marilyn Moffat,
Danielle Parker, Mark Richards re: 29 Motion for Summary Judgment. (Sachs, John) (Entered:
08/18/2016)

08/18/2016

52 Affidavit of Marilyn Moffat filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker,
Mark Richards re: 29 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Moffat Affidavit Dated 7/21/16,
# 2 Exhibit B - Memorandum,
# 3 Exhibit C - List of Committees,
# 4 Exhibit D - Contracts,
# 5 Exhibit E - Draft Contracts,
# 6 Exhibit F - Board Meeting Minutes,
# 7 Exhibit G - Letter) (Sachs, John) Modified on 8/19/2016: Corrected typo, etc. (lak) (Entered:
08/18/2016)

08/18/2016

53 Declaration of John R. Sachs, Jr. filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards re: 29 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Alabama I Slides,
# 2 Exhibit B - Alabama II Slides,
# 3 Exhibit C - Alabama III Slides,
# 4 Exhibit D 1 - Course I Slides (1/2),
# 5 Exhibit D 2 - Course I Slides (2/2),
# 6 Exhibit E - Course II Slides,
# 7 Exhibit F - Course III Slides,
# 8 Exhibit G - 2014 Tax Return) (Sachs, John) Modified on 8/19/2016: Changed "Affidavit" to
"Declaration". (lak) (Entered: 08/18/2016)

09/01/2016

54 Brief in Reply by Counter Claimant Academy of Geriatric Physical Therapy, Defendant Academy
of Geriatric Physical Therapy in Support of 29 Motion for Summary Judgment. (Giftos, Melinda)
(Entered: 09/01/2016)

09/01/2016

55 Reply in Support of Proposed Findings of Fact filed by Counter Claimant Academy of Geriatric
Physical Therapy, Defendant Academy of Geriatric Physical Therapy re: 29 Motion for Summary
Judgment. (Giftos, Melinda) (Entered: 09/01/2016)

09/01/2016

56 Brief in Reply by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark Richards in
Support of 30 Motion for Summary Judgment. (Sachs, John) (Entered: 09/01/2016)

09/01/2016

57 Response to Proposed Findings of Fact filed by Plaintiffs Karen Kemmis, Marilyn Moffat,
Danielle Parker, Mark Richards re: 30 Motion for Summary Judgment. (Sachs, John) (Entered:
09/01/2016)

09/01/2016

58 Reply in Support of Proposed Findings of Fact filed by Plaintiffs Karen Kemmis, Marilyn Moffat,
Danielle Parker, Mark Richards re: 30 Motion for Summary Judgment. (Sachs, John) (Entered:
09/01/2016)

09/01/2016

59 Declaration of John R. Sachs, Jr. filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards re: 30 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Email from A. Coffman,
# 2 Exhibit B - Al Materials I,
# 3 Exhibit C - Al Materials I Lab,
# 4 Exhibit D - Al Materials II,
# 5 Exhibit E - Al Materials Lab,
# 6 Exhibit F - Al Materials III,
# 7 Exhibit G - 2012 Contracts,
# 8 Exhibit H - 2009 - 2010 Contracts,
# 9 Exhibit I - 2011 - 2012 Contracts,
# 10 Exhibit J - Memo of Conference Call,
# 11 Exhibit K - Board Meeting Minutes Dated 2/10/11,

# 12 Exhibit L - Redlined Contract,
# 13 Exhibit M - 2011 Form Contract,
# 14 Exhibit N - 2014 P&L,
# 15 Exhibit O - 2015 P&L,
# 16 Exhibit P - Board Meeting Agenda 2/10/11,
# 17 Exhibit Q - Letter from Staples to Parker,
# 18 Exhibit R - Letter from Parker to Staples) (Sachs, John) Modified on 9/2/2016: Clarified
exhibit descriptions. (lak) (Entered: 09/01/2016)
09/01/2016

60 Affidavit of Marilyn Moffat filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker,
Mark Richards re: 30 Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - 1/2, Course I Slide Deck,
# 2 Exhibit A - 2/2, Course I Slide Deck,
# 3 Exhibit B - AOGPT Course I Slide Deck,
# 4 Exhibit C - Comparison of Course I Slide Decks,
# 5 Exhibit D - Course II Slide Deck,
# 6 Exhibit E - AOGPT Course II Slide Deck,
# 7 Exhibit F - Comparison of Course II Slide Decks,
# 8 Exhibit G - Course III Slide Deck,
# 9 Exhibit H - 1/2, AOGPT Course III Slide Deck,
# 10 Exhibit H - 2/2, Course III Slide Deck,
# 11 Exhibit I - Comparison of Course III Slide Decks,
# 12 Exhibit J - Course I Lab Manual,
# 13 Exhibit K - 1/2, AOGPT Course I lab manual,
# 14 Exhibit K - 2/2, AOGPT Course I Lab Manual,
# 15 Exhibit L - Comparisons of Course I Lab Manuals,
# 16 Exhibit M - Course II Lab Manual,
# 17 Exhibit N - AOGPT Course II Lab Manual,
# 18 Exhibit O - Comparison of Course II Lab Manuals,
# 19 Exhibit P - Course III Lab Manual,
# 20 Exhibit Q - AOGPT Course III Lab Manual,
# 21 Exhibit R - Comparison of Course III Lab Manuals) (Sachs, John) Modified on 9/2/2016:
Clarified exhibit descriptions; corrected typos. (lak) (Entered: 09/01/2016)

12/22/2016

61 OPINION & ORDER granting 29 Defendant's Motion for Summary Judgment; denying 30
Plaintiffs' Motion for Summary Judgment. Plaintiffs' copyright infringement claims are dismissed.
The Academy's counterclaims remain for trial. Signed by District Judge James D. Peterson on
12/22/16. (jat) (Entered: 12/22/2016)

01/06/2017

62 Proposed Jury Instructions by Counter Claimant Academy of Geriatric Physical Therapy,
Defendant Academy of Geriatric Physical Therapy. (Giftos, Melinda) (Entered: 01/06/2017)

01/06/2017

63 Proposed Special Verdict - Liability and Damages by Counter Claimant Academy of Geriatric
Physical Therapy, Defendant Academy of Geriatric Physical Therapy. (Giftos, Melinda) Modified
on 1/9/2017. (lak) (Entered: 01/06/2017)

01/06/2017

64 Proposed Voir Dire by Counter Claimant Academy of Geriatric Physical Therapy, Defendant
Academy of Geriatric Physical Therapy. (Giftos, Melinda) (Entered: 01/06/2017)

01/06/2017

65 Witness List by Counter Claimant Academy of Geriatric Physical Therapy, Defendant Academy of
Geriatric Physical Therapy. (Giftos, Melinda) (Entered: 01/06/2017)

01/06/2017

66 Motion in Limine Requesting the Court to Take Judicial Notice by Counter Claimant Academy of
Geriatric Physical Therapy, Defendant Academy of Geriatric Physical Therapy. (Giftos, Melinda)
(Entered: 01/06/2017)

01/06/2017

67 Motion in Limine for a Finding that Plaintiff/Counterclaim Defendant Parker owed a Fiduciary
Duty to the Academy by Counter Claimant Academy of Geriatric Physical Therapy, Defendant
Academy of Geriatric Physical Therapy. (Giftos, Melinda) (Entered: 01/06/2017)

01/06/2017

68 Exhibit List by Counter Claimant Academy of Geriatric Physical Therapy, Defendant Academy of
Geriatric Physical Therapy. (Giftos, Melinda) (Entered: 01/06/2017)

01/06/2017

69 ** TEXT ONLY ORDER **
To accommodate the court's calendar, trial in this case will begin on Wednesday, February 8, 2017,
at 9:00 a.m. All other dates and deadlines remain in place. Signed by District Judge James D.
Peterson on 01/06/2017. (mfh) (Entered: 01/06/2017)

01/06/2017

70 Witness List & Rule 26(a)(3) Disclosure by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards (Sachs, John) (Entered: 01/06/2017)

01/06/2017

71 Proposed Voir Dire by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark Richards
(Sachs, John) (Entered: 01/06/2017)

01/06/2017

72 Proposed Jury Instructions - Liability and Damages by Plaintiffs Karen Kemmis, Marilyn Moffat,
Danielle Parker, Mark Richards (Sachs, John) (Entered: 01/06/2017)

01/06/2017

73 Proposed Special Verdict - Liability and Damages by Plaintiffs Karen Kemmis, Marilyn Moffat,
Danielle Parker, Mark Richards (Sachs, John) (Entered: 01/06/2017)

01/06/2017

74 Motion in Limine No. 1 by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark
Richards. (Sachs, John) (Entered: 01/06/2017)

01/06/2017

75 Declaration of John R. Sachs, Jr. filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards in Support re: 74 Motion in Limine, (Sealed Document) (Attachments:
# 1 Exhibit A - 2011 Contract Moffat/SOG,
# 2 Exhibit B - Nine Contracts Between Plaintiffs/Defendant from 2009 & 2010,
# 3 Exhibit C - Memorandum of TelCon 11/29/10,
# 4 Exhibit D - Agenda for Board Meeting 2/10/11,
# 5 Exhibit E - Minutes of Board Meeting 2/10/11,
# 6 Exhibit F - Email from Moffat to Staples 6/5/13) (Sachs, John) Modified on 1/9/2017. (lak)
(Entered: 01/06/2017)

01/06/2017

76 Motion in Limine No. 2 by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark
Richards. (Sachs, John) (Entered: 01/06/2017)

01/06/2017

77 Declaration of John R. Sachs, Jr. filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards in Support re: 76 Motion in Limine, (Attachments:
# 1 Exhibit A - 2011 Contract Moffat/SOG,
# 2 Exhibit B - Seven Contracts Between Plaintiff and Defendant 2013 and 2014) (Sachs, John)
Modified on 1/9/2017. (lak) (Entered: 01/06/2017)

01/06/2017

78 Motion in Limine No. 3 by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark
Richards. (Sachs, John) (Entered: 01/06/2017)

01/06/2017

79 Declaration of John R. Sachs, Jr. (see 87 ) filed by Plaintiffs Karen Kemmis, Marilyn Moffat,
Danielle Parker, Mark Richards in Support re: 78 Motion in Limine, (Sealed Document)
(Attachments:
# 1 Exhibit A - Email from Moffat to Staples dated 6/5/2013,
# 2 Exhibit B - Email String - Heitzman and Hack dated 6/8/2013,
# 3 Exhibit C - Email String - Hack and Heitzman dated 6/10/2013) (Sachs, John) Modified on
1/9/2017. (lak) (Entered: 01/06/2017)

01/06/2017

80 Motion in Limine No. 4 by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark
Richards. (Sachs, John) (Entered: 01/06/2017)

01/06/2017

81 Declaration of John R. Sachs, Jr. filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards in Support re: 80 Motion in Limine, (Attachments:
# 1 Exhibit A - Nine Contracts Between Plaintiff and Defendant - 2009 & 2010,
# 2 Exhibit B - Minutes of Board of Director Meeting of Defendant dated 2/10/2011) (Sachs, John)
Modified on 1/9/2017. (lak) (Entered: 01/06/2017)

01/06/2017

82 Exhibit List by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark Richards. (Sachs,
John) (Entered: 01/06/2017)

01/08/2017

83 Disregard. See 85 . Modified on 1/9/2017. (lak) (Entered: 01/08/2017)

01/08/2017

84 Declaration of John R. Sachs, Jr. filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards re: 85 Motion to Amend/Correct, (Attachments:
# 1 Exhibit A - Proposed Amended Jury Instructions (Amended)) (Sachs, John) Modified on
1/9/2017. (lak) (Entered: 01/08/2017)

01/09/2017

Reset Trial: Jury Selection and Trial reset for 2/8/2017 at 09:00 AM. (jat) (Entered: 01/09/2017)

01/09/2017

85 Motion to Amend/Correct 72 Proposed Jury Instructions by Plaintiffs Karen Kemmis, Marilyn
Moffat, Danielle Parker, Mark Richards. Response due 1/17/2017. (Sachs, John) (Entered:
01/09/2017)

01/09/2017

86 Redaction to 75 Declaration of John R. Sachs, Jr., (Attachments:
# 1 Exhibit A - 2011 Contract Moffat/SOG,
# 2 Exhibit B - Nine Contracts Between Plaintiffs/Defendant from 2009 & 2010,
# 3 Exhibit C - Memorandum of TelCon dated 11/29/10,
# 4 Exhibit D - Agenda for Board Meeting dated 2/10/11,
# 5 Exhibit E - Minutes of Board Meeting dated 2/10/11,
# 6 Exhibit F - Email from Moffat to Staples dated 6/5/13) (Sachs, John) Modified on 1/9/2017.
(lak) (Entered: 01/09/2017)

01/09/2017

87 Redaction to 79 Declaration of John R. Sachs, Jr., (Attachments:
# 1 Exhibit A - Email from Moffat to Staples dated 6/5/2013,
# 2 Exhibit B - Email String - Heitzman and Hack dated 6/8/2013,
# 3 Exhibit C - Email String - Hack and Heitzman dated 6/10/2013) (Sachs, John) Modified on
1/9/2017. (lak) (Entered: 01/09/2017)

01/23/2017

88 STIPULATION of Dismissal of Counterclaims. (Giftos, Melinda) (Entered: 01/23/2017)

01/27/2017

89 ORDER: Defendant's counterclaims are dismissed without prejudice pursuant to parties'
stipulation 88 . Defendant's motions in limine 66 and 67 are denied. Plaintiffs' motions in limine
74 , 76 , 78 , and 80 are denied. Plaintiffs' motion to amend proposed jury instruction 80 is denied.
Signed by District Judge James D. Peterson on 1/27/17. (jat) (Entered: 01/27/2017)

01/27/2017

90 JUDGMENT entered in favor of Defendant Academy of Geriatric Physical Therapy dismissing the
case. (jat) (Entered: 01/27/2017)

01/27/2017

91 Report on Filing of Copyright Action. Copy mailed to Copyright Office. (Attachments:
# 1 Opinion & Order,
# 2 Order on Stipulation,
# 3 Judgment) (jat) (Entered: 01/27/2017)

02/10/2017

92 Bill of Costs by Counter Claimant Academy of Geriatric Physical Therapy, Defendant Academy of
Geriatric Physical Therapy. Motions referred to Peter A. Oppeneer, Clerk of Court. Objection to
Bill of Costs due 2/21/2017. Brief in Support to Bill of Costs due 3/2/2017. Brief in Reply in

Opposition to Bill of Costs due 3/7/2017. (Attachments:
# 1 Exhibit A: Itemization of Fees for Court Reporter and Transcripts,
# 2 Exhibit B: Itemization of Fees for Exemplification and Copies) (Giftos, Melinda) (Entered:
02/10/2017)
02/10/2017

93 Motion for Attorney Fees and Costs by Counter Claimant Academy of Geriatric Physical Therapy,
Defendant Academy of Geriatric Physical Therapy. (Giftos, Melinda) (Entered: 02/10/2017)

02/10/2017

94 Declaration of Melinda S. Giftos filed by Counter Claimant Academy of Geriatric Physical
Therapy, Defendant Academy of Geriatric Physical Therapy re: 93 Motion for Attorney Fees
(Sealed Document) (Attachments:
# 1 Exhibit A: Itemization of Fees,
# 2 Exhibit B: Cease and Desist Letter,
# 3 Exhibit C-1: Cease and Desist Letter March 21, 2014,
# 4 Exhibit C-2: Cease and Desist Letter October 8, 2014,
# 5 Exhibit C-3:Cease and Desist Letter May 7, 2015,
# 6 Exhibit D: Docket Report and Publicly Available Filings from NY Case,
# 7 Exhibit E: August 31, 2015 Communication from Plaintiffs,
# 8 Exhibit F: Correspondence Regarding Ongoing Ex Parte Communications with the Court,
# 9 Exhibit G: Correspondence from Plaintiffs re: Sanctions,
# 10 Exhibit H: Communication from Plaintiffs re: Hurt Feelings and Being Offended,
# 11 Exhibit I: Communications re: Copyright Registration,
# 12 Exhibit J: May 18, 2016 Communication from John Sachs,
# 13 Exhibit K: Documents Produced MOFFAT8790-8797,
# 14 Exhibit L: December 23, 2016 Opinion and Order) (Giftos, Melinda) Modified on 2/12/2017.
(lak) (Entered: 02/10/2017)

02/10/2017

95 Redaction re: 94 Declaration, (Attachments:
# 1 Exhibit A: Itemization of Fees,
# 2 Exhibit B: Cease and Desist Letter,
# 3 Exhibit C-1: Cease and Desist Letter March 21, 2014,
# 4 Exhibit C-2: Cease and Desist Letter October 8, 2014,
# 5 Exhibit C-3: Cease and Desist Letter May 7, 2015,
# 6 Exhibit D: Docket Report and Publicly Available Filings from NY Case,
# 7 Exhibit E: August 31, 2015 Communication from Plaintiffs,
# 8 Exhibit F: Correspondence Regarding Ongoing Ex Parte Communications with the Court,
# 9 Exhibit G: Correspondence from Plaintiffs re: Sanctions,
# 10 Exhibit H: Communication from Plaintiffs re: Hurt Feelings and Being Offended,
# 11 Exhibit I: Communications re: Copyright Registration,
# 12 Exhibit J: May 18, 2016 Communication from John Sachs,
# 13 Exhibit K: Documents Produced MOFFAT8790-8797,
# 14 Exhibit L: December 23, 2016 Opinion and Order) (Giftos, Melinda) Modified on 2/12/2017.
(Entered: 02/10/2017)

02/15/2017

Set Deadlines as to 93 Motion for Attorney Fees and Costs. Brief in Opposition due 3/8/2017.
Brief in Reply due 3/20/2017. (jat) (Entered: 02/15/2017)

02/21/2017

96 Notice of Appearance filed by James E. Griffith for Plaintiffs Karen Kemmis, Marilyn Moffat,
Danielle Parker, Mark Richards, Counter Defendants Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards. (Griffith, James) (Entered: 02/21/2017)

02/21/2017

97 Notice of Appearance filed by Tiffany Dawn Gehrke for Plaintiffs Karen Kemmis, Marilyn
Moffat, Danielle Parker, Mark Richards, Counter Defendants Karen Kemmis, Marilyn Moffat,
Danielle Parker, Mark Richards. (Gehrke, Tiffany) (Entered: 02/21/2017)

02/21/2017

98 Objection to Bill of Costs by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark
Richards, Counter Defendants Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark Richards re:
92 Bill of Costs filed by Academy of Geriatric Physical Therapy. (Griffith, James) (Entered:
02/21/2017)

02/27/2017

99 NOTICE OF APPEAL by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark
Richards, Counter Defendants Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark Richards as
to 61 Order on Motion for Summary Judgment, 90 Judgment. Filing fee of $ 505, receipt number
0758-1979290 paid. Docketing Statement filed. (Attachments:
# 1 Docketing Statement) (Griffith, James) (Entered: 02/27/2017)

02/27/2017

100 Appeal Information Packet. (lak) (Entered: 02/27/2017)

02/27/2017

101 Transmission of Notice of Appeal, Docketing Statement, Opinion and Order, Judgment and
Docket Sheet to Seventh Circuit Court of Appeals re: 99 Notice of Appeal, (Attachments:
# 1 Docketing Statement,
# 2 Opinion and Order,
# 3 Judgment,
# 4 Docket Sheet) (lak) (Entered: 02/27/2017)

02/28/2017

USCA Case Number 17-1432 for 99 Notice of Appeal filed by Marilyn Moffat, Mark Richards,
Danielle Parker, Karen Kemmis. (jat) (Entered: 02/28/2017)

03/01/2017

102 Brief in Support of Bill of Costs by Counter Claimant Academy of Geriatric Physical Therapy re:
92 Bill of Costs filed by Academy of Geriatric Physical Therapy, (Attachments:
# 1 Exhibit - Disputed 4/30/2016 Alphagraphics Invoice) (Giftos, Melinda) (Entered: 03/01/2017)

03/01/2017

103 Declaration of Melinda S. Giftos re: 92 Bill of Costs. (Giftos, Melinda) Modified on 3/2/2017:
Linked to the pending motion instead of the brief. (lak) (Entered: 03/01/2017)

03/07/2017

104 Brief in Reply in Opposition to Bill of Costs by Plaintiffs Karen Kemmis, Marilyn Moffat,
Danielle Parker, Mark Richards, Counter Defendants Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards re: 92 Bill of Costs filed by Academy of Geriatric Physical Therapy.
(Griffith, James) (Entered: 03/07/2017)

03/08/2017

105 Redaction to 106 Declaration filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker,
Mark Richards, (Attachments:
# 1 Exhibit A - Collection of Correspondence Between Sachs & Giftos, 2015-2016,
# 2 Exhibit B - Collection of Contracts Between Plaintiffs and Defendants, 2009-2010,
# 3 Exhibit C - Task Force Report dated 11/29/10,
# 4 Exhibit D - Agenda for Board Mtg, 2/10/11,
# 5 Exhibit E - Minutes of Board Mtg, 2/10/11,
# 6 Exhibit F - Email from Hack to Heitzman 6/10/13,
# 7 Exhibit G - Letter from Sachs to Giftos, 5/18/16) (Sachs, John) Modified on 3/9/2017: Detailed
e-mail to counsel regarding how to file redacted documents; clarified exhibit descriptions;
corrected typo. Disregard future entries. (lak) (Entered: 03/08/2017)

03/08/2017

106 Declaration of John R. Sachs, Jr. filed by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards re: 93 Motion for Attorney Fees, (Sealed Document) (Attachments:
# 1 Exhibit A - Collection of Correspondence Between Sachs & Giftos, 2015-2016,
# 2 Exhibit B - Collection of Contracts Between Plaintiffs and Defendants, 2009-2010,
# 3 Exhibit C - Task Force Report dated 11/29/10,
# 4 Exhibit D - Agenda for Board Mtg, 2/10/11,
# 5 Exhibit E - Minutes of Board Mtg, 2/10/11,
# 6 Exhibit F - E-mail from Hack to Heitzman, 6/10/13,
# 7 Exhibit G - Letter from Sachs to Giftos, 5/18/16) (Sachs, John) Modified on 3/9/2017:

Clarified exhibit descriptions; corrected typo. (lak) (Entered: 03/08/2017)
03/08/2017

107 Redaction to 108 Brief in Opposition by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards, Counter Defendants Karen Kemmis, Marilyn Moffat, Danielle Parker,
Mark Richards, (Attachments:
# 1 Exhibit A - Perfect 10 Inc v Visa Intern Service Association,
# 2 Exhibit B - BWP Media USA Inc. v Polyvore Inc.,
# 3 Exhibit C - Liang v AWG Remarketing Inc.) (Griffith, James) Modified on 3/9/2017: Detailed
e-mail to counsel regarding how to file redacted documents. Disregard future entries. (lak)
(Entered: 03/08/2017)

03/08/2017

108 Brief in Opposition by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark Richards,
Counter Defendants Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark Richards re: 93
Motion for Attorney Fees filed by Academy of Geriatric Physical Therapy, (Sealed Document)
(Attachments:
# 1 Exhibit A - Perfect 10 Inc. v Visa Intern Service Association,
# 2 Exhibit B - BWP Media USA Inc. v Polyvore Inc.,
# 3 Exhibit C - Liang v AWG Remarketing Inc.) (Griffith, James) Modified on 3/9/2017. (lak)
(Entered: 03/08/2017)

03/13/2017

109 Transcript Request Form by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark
Richards re: 99 Notice of Appeal. (Griffith, James) (Entered: 03/13/2017)

03/13/2017

110 Designation of Record on Appeal by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker,
Mark Richards re: 99 Notice of Appeal. (Griffith, James) (Entered: 03/13/2017)

03/14/2017

111 Court Reporter Certification of Seventh Circuit Transcript Information Sheet re 99 Notice of
Appeal. (jat) (Entered: 03/14/2017)

03/20/2017

112 Disregard. See 114 for Brief in Reply. Modified on 3/21/2017. (lak) (Entered: 03/20/2017)

03/20/2017

113 Supplemental Declaration of Melinda S. Giftos filed by Defendant Academy of Geriatric Physical
Therapy re: 93 Motion for Attorney Fees, (Attachments:
# 1 Exhibit A - 2015 AIPLA Survey,
# 2 Exhibit B - Corrected Fee Schedule) (Giftos, Melinda) (Entered: 03/20/2017)

03/21/2017

114 Brief in Reply by Defendant Academy of Geriatric Physical Therapy in Support of 93 Motion for
Attorney Fees. (lak) (Entered: 03/21/2017)

03/27/2017

115 Motion for Leave to File a Sur-Reply by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle
Parker, Mark Richards, Counter Defendants Karen Kemmis, Marilyn Moffat, Danielle Parker,
Mark Richards. (Griffith, James) Modified on 3/28/2017. (lak) (Entered: 03/27/2017)

09/20/2017

116 ORDER: Costs Taxed in favor of Defendant in the amount of $8,497.01. Motion for Attorney Fees
93 is granted in part and denied in part. Defendant awarded attorney fees in the amount of
$177,203.95. Defendant's request for sanctions under 28 U.S.C. 1927 is denied. Plaintiffs' Motion
for Leave to File a Sur-Reply 115 is granted. Signed by District Judge James D. Peterson on
9/20/17. (jat) (Entered: 09/20/2017)

10/18/2017

117 NOTICE OF APPEAL by Plaintiffs Karen Kemmis, Marilyn Moffat, Danielle Parker, Mark
Richards as to 116 Order Taxing Costs, Order on Motion for Attorney Fees, Order on Motion for
Leave to File. Filing fee of $ 505, receipt number 0758-2126692 paid. Docketing Statement filed.
(Attachments:
# 1 Docketing Statement) (Griffith, James) (Entered: 10/18/2017)