Inseco, Inc. v. US Duralast, Inc. et al
| Inseco, Inc. |
| US Duralast, Inc., GoDaddy.Com, LLC, John Doe, Jane Doe, XYZ Companies, John Hutchins, II and Jacob McCluskey |
| 2:2023cv00550 |
| July 25, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Trademark |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 NOTICE of hearing: Preliminary Pretrial Conference set for 11/9/2023 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 10/30/2023. 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: 23550. 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) |
| Filing 26 ANSWER to #14 Amended Complaint by Jacob McCluskey. (Attachments: #1 Main Document)(JK) |
Filing 25
ENDORSED ORDER granting #24 defendants US Duralast, Inc. and John Hutchins, II's unopposed motion for extension of time to respond. By October 6, 2023, US Duralast, Inc. and Hutchins must respond to the amended complaint. Signed by Magistrate Judge Nicholas P. Mizell on 9/19/2023. (JMM)
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| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 Amended Complaint by John Hutchins, II, US Duralast, Inc. (Merrill, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 9/19/2023 (KME). |
| Filing 23 NOTICE of Appearance by Michael J. Merrill on behalf of John Hutchins, II, US Duralast, Inc. (Merrill, Michael) |
| Filing 22 PROOF of service by Inseco, Inc. (Korn, Jason) |
| Filing 21 PROOF of service by Inseco, Inc. (Korn, Jason) |
| Filing 20 PROOF of service by Inseco, Inc. (Korn, Jason) |
| Filing 19 SUMMONS issued as to Jacob McCluskey. (JDR) |
| Filing 18 SUMMONS issued as to John Hutchins, II. (JDR) |
| Filing 17 PROPOSED summons to be issued by Inseco, Inc.. (Korn, Jason) |
| Filing 16 PROPOSED summons to be issued by Inseco, Inc.. (Korn, Jason) |
| Filing 15 PROPOSED summons to be issued by Inseco, Inc.. (Korn, Jason) |
| Filing 14 AMENDED COMPLAINT Declaratory Relief Requested, Injunctive Relief Requested, Damages Requested against Jane Doe, John Doe, John Hutchins, II, Jacob McCluskey, US Duralast, Inc., XYZ Companies with Jury Demand. filed by Inseco, Inc.. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Final Order, #3 Exhibit Stipulation, #4 Exhibit LinkedIn)(Korn, Jason)(corrected to add date only) (Modified on 8/24/2023 to edit docket text) (JDR). |
| Filing 13 AMENDED COMPLAINT Declaratory Relief Requested, Injunctive Relief Requested, Damages Reuested against Jane Doe, John Doe, US Duralast, Inc., XYZ Companies, John Hutchins, II, Jacob McCluskey with Jury Demand. filed by Inseco, Inc.. (Attachments: #1 Exhibit A Settlement Agreement, #2 Exhibit B Final Order, #3 Exhibit C Stipulation of Dismissal, #4 Exhibit D LinkedIn)(Korn, Jason) (Modified on 8/24/2023 to edit docket text and description, chambers notified) (JDR). |
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Filing 12
ENDORSED ORDER. Before the Court is Plaintiff's Notice of Voluntary Dismissal Only as to Defendant GODADDY.COM, LLC, Without Prejudice (Doc. #11). Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily before the opposing party serves either an answer or a motion for summary judgment. The dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). A Rule 41(a)(1) dismissal is valid even where (like here) the dismissal is only for plaintiff's entire action as to one defendant, leaving the action as to other defendants ongoing. See Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc., 474 F.2d 250, 254 (5th Cir. 1973). Accordingly, in compliance with Rule 41(a), this action is DISMISSED without prejudice as against GODADDY.COM, LLC. The Clerk is DIRECTED to terminate GODADDY.COM, LLC, from the case. This case remains open as to the remaining Defendants. Signed by Judge Sheri Polster Chappell on 8/8/2023. (LAH)
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| Filing 11 NOTICE of voluntary dismissal by Inseco, Inc. (Korn, Jason) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Inseco, Inc. (Korn, Jason) Modified on 7/31/2023 to edit text (ABC). |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Inseco, Inc. Related case(s): Yes (Korn, Jason) Modified on 7/31/2023 to edit text (ABC). |
| Filing 8 NOTICE of Lead Counsel Designation by Jason H. Korn on behalf of Inseco, Inc. Lead Counsel: Jason Hunter Korn. (Korn, Jason) Modified on 7/31/2023 to edit text (ABC). |
| REFUND for duplicate payment. Receipt number AFLMDC-21076877 refunded in the amount of $402.00 paid to Dentons Grigsby. (NLC) Modified on 7/31/2023 to edit text (ABC). |
| Filing 7 Trademark Report sent to Alexandria, VA. (Attachments: #1 Copy of Complaint) (LNR) |
| Filing 6 CIVIL Action Order Signed by All Divisional Judges on 7/27/2023. (WRW) |
| Filing 5 SUMMONS issued as to GoDaddy.Com, LLC, US Duralast, Inc. (LNR) |
| Filing 4 NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LNR) |
| Filing 3 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-550-SPC-NPM. (AM) |
| Filing 2 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-21076877) filed by Inseco, Inc. (Attachments: #1 Main Document COMPLAINT, #2 Exhibit A- Settlement Agreement, #3 Exhibit B - Final Order, #4 Exhibit C - Stipulation of Dismissal, #5 Exhibit D - Domain Search, #6 Proposed Summons, #7 Proposed Summons)(Korn, Jason) |
| Filing 1 Civil Cover Sheet (Filing fee $402 receipt number AFLMDC-21076791) filed by Inseco, Inc.(Korn, Jason) |
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