Clark Capital Management Group, Inc. v. Avior Wealth Management, LLC
Plaintiff: Clark Capital Management Group, Inc.
Defendant: Avior Wealth Management, LLC
Case Number: 3:2023cv01467
Filed: December 14, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Harvey E Schlesinger
Referring Judge: Joel B Toomey
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Trademark
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2024 Opinion or Order Filing 14 ENDORSED ORDER granting #12 #13 Unopposed Motions for Special Admission. If Camille Miller, Esq., and Melanie Miller, Esq., have not already done so, they each shall expeditiously 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 1/12/2024. (TSP)
January 11, 2024 Filing 13 Unopposed MOTION for Melanie Miller to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21649431 for $150 by Clark Capital Management Group, Inc.. (Gale, Jonathan) Motions referred to Magistrate Judge Joel B. Toomey.
January 11, 2024 Filing 12 Unopposed MOTION for Camille Miller to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21649332 for $150 by Clark Capital Management Group, Inc.. (Gale, Jonathan) Motions referred to Magistrate Judge Joel B. Toomey.
December 21, 2023 Filing 11 WAIVER of service returned executed on December 15, 2023 by Clark Capital Management Group, Inc. as to Avior Wealth Management, LLC. (Gale, Jonathan)
December 19, 2023 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 by Clark Capital Management Group, Inc.. (Gale, Jonathan)
December 18, 2023 Opinion or Order Filing 9 ORDER striking #3 Plaintiff's disclosure statement. Proper disclosure statement due by December 27, 2023. Signed by Magistrate Judge Joel B. Toomey on 12/18/2023. (TSP)
December 18, 2023 Filing 8 Trademark Report electronically sent to the U.S. Patent and Trademark Office. (Attachments: #1 Complaint, #2 Exhibit) (JK)
December 18, 2023 Filing 7 SUMMONS issued as to Avior Wealth Management, LLC. (JK)
December 18, 2023 Filing 6 NOTICE TO COUNSEL Camille Miller; Melanie Miller; Anna Pedraza Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; (Signed by Deputy Clerk). (JK)
December 18, 2023 Filing 5 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). (TPL)
December 15, 2023 Filing 4 NEW CASE ASSIGNED to Senior Judge Harvey E. Schlesinger and Magistrate Judge Joel B. Toomey. New case number: 3:23-cv-1467-HES-JBT. (ARC)
December 14, 2023 Filing 3 ***STRICKEN PER ORDER SEE DE #13 ORDER.*** CERTIFICATE of interested persons and corporate disclosure statement by Clark Capital Management Group, Inc. (Gale, Jonathan) Modified text on 12/19/2023 (LAB).
December 14, 2023 Filing 2 NOTICE of a related action per Local Rule 1.07(c) by Clark Capital Management Group, Inc. Related case(s): Yes (Gale, Jonathan)
December 14, 2023 Filing 1 COMPLAINT against Avior Wealth Management, LLC with Jury Demand (Filing fee $405 receipt number AFLMDC-21564871) filed by Clark Capital Management Group, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Clark Capital U.S. Reg. 1,662,756, #3 Exhibit 2 - Clark Capital U.S. Reg. 2,639,961, #4 Exhibit 3 - Clark Capital U.S. Reg. 3,698,185, #5 Exhibit 4 - Clark Capital U.S. Reg. 3,608,583, #6 Exhibit 5 - Avior Wealth website, #7 Exhibit 6 - 12.21.22 Avior Wealth application for registration of trademark, #8 Exhibit 7 - 2023 Avior Wealth website, #9 Exhibit 8 - 11.14.23 Clark Capital Infringement letter, #10 Exhibit 9 - 11.21.23 Avior Wealth Response letter, #11 Proposed Summons)(Gale, Jonathan) Modified on 12/14/2023 to add payment information (LMW).

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Plaintiff: Clark Capital Management Group, Inc.
Represented By: Jonathan Edward Gale
Represented By: Anna Pedraza
Represented By: Camille M. Miller
Represented By: Melanie A. Miller
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Defendant: Avior Wealth Management, LLC
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