Bahia Bowls Franchising, LLC et al v. JDS LLC et al
| Bahia Bowls Franchising LLC, Nutrifare Brands LLC, Bahia Bowls Franchising, LLC and Nutrifare Brands, LLC |
| JDS LLC, David Duane Jablonski, Jennifer Jablonski and DJS LLC |
| 2:2023cv00094 |
| February 13, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Nicholas P Mizell |
| Trademark |
| 15 U.S.C. § 1121 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on March 29, 2023. A more recent docket listing may be available from PACER.
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Filing 29
ENDORSED ORDER granting #28 Joint Motion and Stipulation to Extend Temporary Restraining Order and Filing Deadlines. In light of Defendants' consent and the parties' desire to extend the Temporary Restraining Order to allow time to finalize settlement, the Court extends the Temporary Restraining Order (Doc. #14) through April 12, 2023. Should the parties need more time to finalize the settlement, they may file another joint motion. The filing deadlines previously set forth in the Court's March 16, 2023 Text Order (Doc. 27) are stayed until further order of the Court. The Court commends the parties for their diligent work toward an amicable settlement agreement. Signed by Judge John L. Badalamenti on 3/29/2023. (RHG)
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Filing 28
Joint MOTION for Miscellaneous Relief, specifically Extend Temporary Restraining Order and Filing Deadlines by DJS LLC, David Duane Jablonski, Jennifer Jablonski. (Patel, Himanshu) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Set/reset deadlines as to #6 MOTION for Preliminary Injunction. Responses due by 3/31/2023 and Replies due by 4/5/2023. (LMF)
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Filing 27
TEXT ORDER. The Court has reviewed the Joint Status Report (Doc. #26), in which the parties represent that they are engaging in "significant and substantial settlement discussions" and request additional time to continue such discussions. (Doc 26 at 2). The Court appreciates that additional time is necessary to encourage an amicable settlement. Accordingly, the Court finds good cause to extend the deadline for Defendants to respond to the Motion for Preliminary Injunction (Doc. 6). Unless a motion--preferably a joint motion--requesting to further extend the briefing deadlines is filed, Defendants shall be required to respond no later than 3/31/2023 and Plaintiffs may file a reply no later than 4/5/2023. If necessary, a hearing on the preliminary injunction will be scheduled by further order of the Court. The Court previously extended the Temporary Restraining Order (TRO) to 3/28/2023. (Doc. 24). Should Plaintiffs determine that a further extension of the TRO is necessary, they may seek consent from Defendants and file a joint motion seeking such relief. The Court is encouraged that the parties are working toward an amicable resolution of this dispute. Signed by Judge John L. Badalamenti on 3/16/2023. (RHG)
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Filing 26
Joint STATUS report by Bahia Bowls Franchising, LLC and Nutrifare Brands, LLC. (Wasch, Adam) Modified to edit text on 3/16/2023 (LMF).
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Filing 25
Minute Entry. Virtual Proceedings held before Judge John L. Badalamenti: STATUS CONFERENCE held on 3/14/2023. Court Reporter: Heather Suarez (JGG)
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Filing 24
TEXT ORDER. The Court finds that there is good cause to extend the Temporary Restraining Order (Doc. #14) to 3/28/2023 while the parties continue settlement discussions. The parties are directed to file a joint notice indicating (i) their proposed amended briefing schedule on the preliminary injunction; and (ii) if the proposed briefing schedule results in a preliminary injunction hearing taking place after 3/28/2023, whether the parties consent to a further extension of the Temporary Restraining Order. The Court would consider extending deadlines upon the parties' joint representation to the Court that they are engaging in good faith settlement negotiations. Signed by Judge John L. Badalamenti on 3/14/2023. (RHG)
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Filing 23
NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference scheduled for 5/1/2023 is rescheduled to 5/11/2023 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. All telephonic instructions remain the same.(WRW)
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Filing 22
NOTICE of hearing: Preliminary Pretrial Conference set for 5/1/2023 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 4/17/2023. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 23094. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW)
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Filing 21
ORDER granting #18 motion for special admission of attorney Goldman. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 3/6/2023. (JMM)
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Filing 20
TEXT ORDER granting in part and denying in part #15 Defendants' Motion for Fourteen (14) Day Extension of Time to File Response to Plaintiffs Amended Verified Complaint and Motion for Preliminary Injunction. Defendants' Answer and response to the Motion for Preliminary Injunction shall be due on March 24, 2023. Plaintiffs' reply shall be due by March 29, 2023. A hearing on the Motion for Preliminary Injunction shall, to the extent necessary, be rescheduled by further order of the Court. The parties are DIRECTED to confer regarding resolution of the Motion for Preliminary Injunction on or before March 10, 2023. The hearing previously scheduled on the Motion for Preliminary Injunction, which is scheduled to take place on March 14, 2023 at 11:00 a.m. (ET) (see Doc. 16), will move forward as a status conference, in which the parties shall be prepared to advise the Court regarding whether the Motion for Preliminary Injunction has been resolved. Given the representations set forth in Defendants' response (Doc. #15 at 2), the Court is hopeful that the parties will resolve this matter without the need for prolonged litigation. Defendants' motion is denied to the extent that it requests any additional relief. Signed by Judge John L. Badalamenti on 3/3/2023. (RHG)
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Filing 19
RESPONSE to Motion re #15 MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #5 Amended Complaint, filed by Bahia Bowls Franchising, LLC, Nutrifare Brands, LLC. (Wasch, Adam)
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Filing 18
MOTION for Evan M. Goldman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20571419 for $150 by All Plaintiffs. (Wasch, Adam) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified to reflect motion is missing signature block and attorney details on 3/3/2023 (JK).
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Filing 17
CORPORATE Disclosure Statement by Bahia Bowls Franchising, LLC, Nutrifare Brands, LLC. (Wasch, Adam)
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Filing 16
NOTICE of hearing on motion re #6 PLAINTIFFS' MOTION for Temporary Restraining Order and Preliminary Injunction. Motion Hearing set for 3/14/2023 at 11:00 AM in Zoom Video Conference before Judge John L. Badalamenti. Meeting ID: 161 206 9111; Passcode: 819822(JGG)
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Filing 15
MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction, #5 Amended Complaint, by DJS LLC, JDS LLC, David Duane Jablonski, Jennifer Jablonski. (Attachments: #1 Text of Proposed Order)(Patel, Himanshu) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 14
ORDER granting in part #6 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs' motion is granted to the extent that Defendants are temporarily restrained from engaging in certain activities as explained herein. Additionally, a hearing on the Motion for Preliminary Injunction shall be held on March 14, 2023 at 11:00 a.m. (ET) via Zoom Video Conference. Any response or opposition to the Motion for Preliminary Injunction must be filed with the Court no later than March 10, 2023. Plaintiffs may file a reply in further support of their motion no later than March 13, 2023. Finally, on or before March 7, 2023 at 5:00 p.m. (ET), the parties must file a joint notice addressing whether they are amenable to holding all trials and hearings in this matter in this Court's Tampa Division. See Order for details. Signed by Judge John L. Badalamenti on 3/1/2023. (RHG)
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Filing 13
NOTICE of Appearance by Robert M. Einhorn on behalf of DJS LLC, David Duane Jablonski, Jennifer Jablonski (Einhorn, Robert)
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Filing 12
NOTICE of Appearance by Himanshu M. Patel on behalf of DJS LLC, David Duane Jablonski, Jennifer Jablonski (Patel, Himanshu)
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Filing 11
NOTICE of Filing Affidavits of Service and Response to Court's Text Order, Dated 2/16/2023 by Bahia Bowls Franchising, LLC, and Nutrifare Brands, LLC. (Attachments: #1 Affidavit of Evan M. Goldman)(Wasch, Adam) Modified to edit text on 2/28/2023 (LMF).
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Filing 10
RETURN of service executed on 2/18/23 by Bahia Bowls Franchising, LLC, Nutrifare Brands, LLC as to Jennifer Jablonski. (Wasch, Adam)
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Filing 9
RETURN of service executed on 2/18/23 by Bahia Bowls Franchising, LLC, Nutrifare Brands, LLC as to DJS LLC. (Wasch, Adam)
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Filing 8
RETURN of service executed on 2/18/23 by Bahia Bowls Franchising, LLC, Nutrifare Brands, LLC as to David Duane Jablonski. (Wasch, Adam)
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Filing 7
TEXT ORDER. On 2/15/2023, Plaintiffs filed a Motion for Temporary Restraining Order and Preliminary Injunction (the "Motion") (Doc. #6). The Motion suggests that Plaintiffs seek a temporary restraining order on an ex parte basis. After careful review of the Motion, it is unclear whether Plaintiffs have adequately established entitlement to the requested relief. As such, to the extent that Plaintiffs seek the extraordinary relief of a temporary restraining order without notice to Defendants, on or before 2/23/2023, Plaintiffs must file (1) an affidavit providing specific facts clearly showing that immediate and irreparable injury, loss, or damage will result to the movant before Defendants can be heard in opposition (see Fed. R. Civ. P. 65(b)(1)(A)); (2) a certification by Plaintiffs' attorney of any efforts made to give notice to Defendants and the reasons why it should not be required (see Fed. R. Civ. P. 65(b)(1)(B)); and (3) a supplemental legal memorandum indicating why notice is impractical (see M.D. Fla. Loc. R. 6.01(b)(2)). The Court notes that Plaintiffs may set forth additional legal authority to support the Motion. Should Plaintiffs choose to withdraw the Motion, the Court requests that they file a Notice indicating such. Signed by Judge John L. Badalamenti on 2/16/2023. (RHG)
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Filing 6
MOTION for Temporary Restraining Order and Preliminary Injunction by All Plaintiffs. (Attachments: #1 Affidavit (Declaration of Benjamin Casey), #2 Text of Proposed Order)(Wasch, Adam) Added MOTION for Preliminary Injunction on 2/16/2023 (AG).
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Filing 5
AMENDED COMPLAINT against David Duane Jablonski, Jennifer Jablonski, DJS LLC filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Wasch, Adam)
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Filing 4
CIVIL Action Order Signed by All Divisional Judges on 2/14/2023. (SEH)
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Filing 3
Trademark Report sent to Alexandria, VA. (Attachments: #1 Attachment) (BGR)
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Filing 2
NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-0094-JLB-NPM. (SJB)
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Filing 1
COMPLAINT against JDS LLC, David Duane Jablonski, Jennifer Jablonski (Filing fee $402 receipt number AFLMDC-20506547) filed by Bahia Bowls Franchising LLC, Nutrifare Brands LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Wasch, Adam)
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