Dees Nuts LLC v. Feastables Inc.
| Dees Nuts LLC |
| Feastables Inc. |
| 3:2023cv01006 |
| August 25, 2023 |
| U.S. District Court for the Middle District of Florida |
| Marcia Morales Howard |
| Joel B Toomey |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 Joint MOTION for Permanent Injunction Against Defendant Feastables, Inc. by Dees Nuts LLC. (Attachments: #1 Text of Proposed Order Granting Permanent Injunction Against Feastables, Inc.)(Ghaneie, Mitchell) |
| Filing 32 Joint NOTICE of Status by Dees Nuts LLC re #27 Notice of Settlement Agreement in Principle (Ghaneie, Mitchell) Modified on 10/20/2023 to edit docket text (JDR). |
| Filing 31 JOINT NOTICE by Dees Nuts LLC re 30 Order (Ghaneie, Mitchell) Modified text on 10/17/2023 (KME). |
Filing 30
ENDORSED ORDER regarding #29 Joint Notice of Status. In light of the representations contained in the notice, the parties shall have up to and including October 16, 2023, to file a notice advising the Court of the status of this matter. Signed by Judge Marcia Morales Howard on 10/10/2023. (JW)
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| Filing 29 NOTICE of Status by Dees Nuts LLC re 28 Order (McEwen, Logan) Modified text on 10/10/2023 (MCB). |
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Filing 28
ENDORSED ORDER regarding #27 Notice of Settlement Agreement in Principle. In light of the representations contained in the notice, the preliminary injunction hearing set for Friday, September 22, 2023, at 10:00 a.m. is cancelled, and the Court defers ruling on #3 Plaintiff's Motion for Preliminary Injunction. No later than October 6, 2023, the parties shall file a joint notice advising the Court of the status of this matter. Signed by Judge Marcia Morales Howard on 9/21/2023. (JW)
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| Filing 27 NOTICE of Settlement Agreement in Principle by Dees Nuts LLC re #25 Order (Broughan, Crystal) (Modified on 9/22/2023 to edit docket text) (JDR). |
| Filing 26 MOTION to Supplement #21 Response in Opposition to Motion #23 SEALED Response / Reply by Feastables Inc. (Attachments: #1 Exhibit A)(Burns, Manon) Motions referred to Magistrate Judge Joel B. Toomey. Modified on 9/21/2023 to edit docket text (BCB). |
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Filing 25
ORDERED: The preliminary injunction hearing currently set for Monday, September 18, 2023, at 3:30 p.m. is continued to Friday, September 22, 2023, at 10:00 a.m. in Courtroom 10B. Signed by Judge Marcia Morales Howard on 9/13/2023. (JW)
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| Filing 24 REPLY to Response to Motion re #3 First MOTION for Preliminary Injunction and Memorandum of Law filed by Dees Nuts LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Affidavit)(Broughan, Crystal) |
| Filing 23 SEALED RESPONSE re 22 Order on Motion for Leave to File Under Seal, #3 Motion for Preliminary Injunction by Feastables Inc. (Attachments: #1 Affidavit Declaration of Ryan Kaiser, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Affidavit UNREDACTED Declaration of Reed Duchscher)(Burns, Manon). |
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Filing 22
ENDORSED ORDER granting #20 Defendant's Unopposed Motion for Leave to File Under Seal for the reasons stated therein. Defendant shall file the subject information under seal on or before September 11, 2023. The subject information shall remain under seal until further order of the Court. Signed by Magistrate Judge Joel B. Toomey on 9/7/2023. (JDM)
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| Filing 21 RESPONSE in Opposition re #3 Plaintiff Dees Nuts, LLC's Motion for Preliminary Injunction and Memorandum of Law filed by Feastables Inc. (Attachments: # 1 Declaration of Ryan M. Kaiser part 1 of 2, # 2 Declaration of Ryan M. Kaiser part 2 of 2 , #3 Declaration of Reed Duchscher)(MDC) (pdfs replaced due to error in exhibit numbering when clerk converted pdfs on 9/8/2023: #4 Exhibit Declaration of Ryan Kaiser part 1 of 2, #5 Exhibit Declaration of Ryan Kaiser part 2 of 2). Modified on 9/8/2023 to replace pdfs and regenerate nef (MDC). |
| Filing 20 DEFENDANT'S UNOPPOSED MOTION for Leave to File Under Seal by Feastables Inc. (MDC).Motions referred to Magistrate Judge Joel B. Toomey. |
| PRO HAC VICE FEES paid by attorney Manon L. Burns, appearing on behalf of Feastables Inc. (Filing fee $150 receipt number 36754.) Related document: #15 MOTION for Manon L. Burns to appear pro hac vice. (BD) |
| PRO HAC VICE FEES paid by attorney Ryan M. Kaiser, appearing on behalf of Feastables Inc. (Filing fee $150 receipt number 36754.) Related document: #16 MOTION for Ryan M. Kaiser to appear pro hac vice. (BD) |
| Filing 19 NOTICE of Filing Supplement to #3 MOTION for Preliminary Injunction by Dees Nuts LLC (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Motion for Preliminary Injunction)(Broughan, Crystal) Modified text on 9/6/2023 (BD). |
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Filing 18
ENDORSED ORDER granting #15 #16 Unopposed Motions for Special Admission. If Manon Burns, Esq., and Ryan M. Kaiser, Esq., have not already done so, they each shall expeditiously pay the admission fee and register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 9/1/2023. (TSP)
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| Set/reset deadlines/hearings: Motion Hearing set for 9/18/2023 at 03:30 PM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. (JK) |
| Filing 17 SUMMONS issued as to Feastables Inc. (LSS) |
| Filing 16 MOTION for Ryan M. Kaiser to appear pro hac vice by Feastables Inc. (MDC) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 15 MOTION for Manon L. Burns to appear pro hac vice by Feastables Inc. (MDC) Motions referred to Magistrate Judge Joel B. Toomey. |
| Filing 14 NOTICE of Serving Order (Doc 13) by Dees Nuts LLC re #13 Order (Broughan, Crystal) Modified text on 9/1/2023 (JK). |
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Filing 13
ORDERED: This matter is set for a hearing on #3 Plaintiff's Motion for Preliminary Injunction on Monday, September 18, 2023, at 3:30 p.m., before the undersigned. See Order for details and briefing schedule. Signed by Judge Marcia Morales Howard on 8/31/2023. (MHM)
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| Filing 12 WAIVER of service returned executed on 8/29/23 by Dees Nuts LLC as to Feastables Inc.. (Broughan, Crystal) |
| Filing 11 PROPOSED summons to be issued by Dees Nuts LLC. (Broughan, Crystal) |
| Filing 10 PROPOSED summons to be issued by Dees Nuts LLC. (Broughan, Crystal) (Modified on 8/31/2023, document filed in error per counsel. Refiled at doc #11.) (BGR). |
| Filing 9 NOTICE of Lead Counsel Designation by Crystal T. Broughan on behalf of Dees Nuts LLC. Lead Counsel: Crystal T. Broughan. (Broughan, Crystal) |
| Filing 8 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint and Exhibits) (CTR) |
| Filing 7 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). (CTR) |
| Filing 6 NOTICE by Dees Nuts LLC re #1 Complaint and Correction of Exhibits (Attachments: #1 Exhibit Corrected Exhibit B to Complaint (Doc. 1), #2 Exhibit Corrected Exhibit F to Complaint (Doc. 1))(McEwen, Logan) |
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Filing 5
ORDER taking under advisement #3 Plaintiff's Motion for Preliminary Injunction and directing Plaintiff to promptly effect service of process on Defendant. See Order for details. Signed by Judge Marcia Morales Howard on 8/28/2023. (MHM)
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| Filing 4 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) |
| Filing 3 First MOTION for Preliminary Injunction and Memorandum of Law by Dees Nuts LLC. (Attachments: #1 Exhibit 1 Affidavit of Brian Ditore, #2 Exhibit 1-A, #3 Exhibit 1-B, #4 Exhibit 1-C, #5 Exhibit 1-D, #6 Exhibit 1-E, #7 Exhibit 1-F, #8 Exhibit 1-G, #9 Exhibit 1-H, #10 Exhibit 2 Affidavit of Lisa Hurst, #11 Exhibit 2-A, #12 Exhibit 2-B, #13 Exhibit 2-C, #14 Exhibit 2-D, #15 Exhibit 2-E, #16 Exhibit 2-F, #17 Exhibit 2-G, #18 Exhibit 2-H, #19 Exhibit 2-I, #20 Exhibit 3, #21 Exhibit 4, #22 Exhibit 5, #23 Exhibit 6, #24 Exhibit 7, #25 Exhibit 8, #26 Exhibit 9, #27 Exhibit 10, #28 Exhibit 11, #29 Exhibit 12, #30 Exhibit 13, #31 Exhibit 14)(Broughan, Crystal) Modified text on 8/28/2023 (KME). |
| Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Joel B. Toomey. New case number: 3:23-cv-1006-MMH-JBT. (ARC) |
| Filing 1 COMPLAINT against Feastables Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-21190184) filed by Dees Nuts LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit F-1, #8 Exhibit F-2, #9 Exhibit F-3, #10 Exhibit F-4, #11 Exhibit G, #12 Exhibit H, #13 Civil Cover Sheet)(Broughan, Crystal) Modified on 8/29/2023 (CTR). |
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| Plaintiff: Dees Nuts LLC | |
| Represented By: | Crystal T. Broughan |
| Represented By: | Logan Kyle McEwen |
| Represented By: | Mitchell R Ghaneie |
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| Defendant: Feastables Inc. | |
| Represented By: | Manon L. Burns |
| Represented By: | Ryan Matthew Kaiser |
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