ESR Performance Corp. v. JVMAX, Inc.
| ESR Performance Corp. |
| JVMAX, Inc. |
| 6:2018cv01601 |
| September 26, 2018 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Gregory J Kelly |
| Trademark |
| 15 U.S.C. § 1114 |
| Both |
Docket Report
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This docket was last retrieved on November 23, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 CERTIFICATE of interested persons and corporate disclosure statement re #37 Interested persons order by JVMAX, Inc.. (Brees, William) |
| Filing 44 NOTICE of pendency of related cases per Local Rule 1.04(d) by JVMAX, Inc.. Related case(s): yes (Brees, William) |
Filing 43
ORDER granting #39 AMENDED MOTION FOR ERIN BARNS TO APPEAR PRO HAC VICE ON BEHALF OF PLAINTIFF/COUNTER DEFENDANT ESR PERFORMANCE CORP.; granting #40 AMENDED MOTION FOR RICHARD WIRTZ TO APPEAR PRO HAC VICE ON BEHALF OF PLAINTIFF/COUNTER DEFENDANT ESR PERFORMANCE CORP. Counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Gregory J. Kelly on 11/14/2018. (HMK)
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Filing 42
ORDER granting #41 UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF ESR PERFORMANCE CORP. Attorney David Fisher Tamaroff terminated. Signed by Magistrate Judge Gregory J. Kelly on 11/13/2018. (HMK)
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| Filing 41 Unopposed MOTION for David F. Tamaroff to withdraw as attorney for Plaintiff by ESR Performance Corp.. (Tamaroff, David) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 40 Amended MOTION for Richard M. Wirtz to appear pro hac vice by ESR Performance Corp.. (Vilmos, Nicolette) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 39 Amended MOTION for Erin Barns to appear pro hac vice by ESR Performance Corp.. (Vilmos, Nicolette) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 38 RESPONSE in Opposition re #33 MOTION to Dismiss Defendant and Counter-Claimant's third, seventh, eighth, and tenth counter-claims in its Answer to Plaintiff's Second Amended Complaint and Counter-Claims filed by JVMAX, Inc.. (Brees, William) |
| Filing 37 INTERESTED PERSONS ORDER. Signed by Deputy Clerk on 11/9/2018. (JLC) |
| Filing 36 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 11/9/2018. (ctp)(JLC) (Additional attachment(s) added on 11/9/2018: #1 Supplement, #2 Supplement, #3 Supplement) (JLC). |
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Filing 35
ORDER denying #31 MOTION FOR RICHARD WIRTZ TO APPEAR PRO HAC VICE ON BEHALF OF PLAINTIFF/COUNTER DEFENDANT ESR PERFORMANCE CORP.; denying #32 MOTION FOR ERIN BARNS TO APPEAR PRO HAC VICE ON BEHALF OF PLAINTIFF/COUNTER DEFENDANT ESR PERFORMANCE CORP. Signed by Magistrate Judge Gregory J. Kelly on 10/29/2018. (HMK)
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| Filing 34 NOTICE to the Courts to take judicial notice regarding by ESR Performance Corp.. (Attachments: #1 Exhibit, #2 Exhibit)(Vilmos, Nicolette) |
| Filing 33 MOTION to Dismiss Defendant and Counter-Claimant's third, seventh, eighth, and tenth counter-claims in its Answer to Plaintiff's Second Amended Complaint and Counter-Claims by ESR Performance Corp.. (Vilmos, Nicolette) |
| Filing 32 MOTION for Erin Barns to appear pro hac vice by ESR Performance Corp.. (Vilmos, Nicolette) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 31 MOTION for Richard Wirtz to appear pro hac vice by ESR Performance Corp.. (Vilmos, Nicolette) Motions referred to Magistrate Judge Gregory J. Kelly. |
| ***PRO HAC VICE FEES paid by attorney Erin K. Barns, appearing on behalf of ESR Performance Corp. (Filing fee $150 receipt number ORL078004.) Related document: #32 MOTION for Erin Barns to appear pro hac vice. (RCN) |
| ***PRO HAC VICE FEES paid by attorney Richard M. Wirtz, appearing on behalf of ESR Performance Corp. (Filing fee $150 receipt number ORL078805.) Related document: #31 MOTION for Richard Wirtz to appear pro hac vice. (RCN) |
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Filing 30
ORDER denying as moot #25 Motion to Dismiss Pursuant to FRCP 12(b)(6). Signed by Judge Roy B. Dalton, Jr. on 10/19/2018.(ctp) (JLC)
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| Filing 29 ANSWER and affirmative defenses with Jury Demand to #28 Second Amended Complaint , AMENDED COUNTERCLAIM against ESR Performance Corp. by JVMAX, Inc.(Maxey, Brittany) Modified on 10/19/2018 (LMM). |
| Filing 28 SECOND AMENDED COMPLAINT against JVMAX, Inc. with Jury Demand. filed by ESR Performance Corp. (Attachments: #1 Exhibit)(Vilmos, Nicolette) Modified on 10/10/2018 (LMM). |
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Filing 27
ORDER denying #24 Notice of Consent Order Granting Substitution of Counsel treated as motion for withdrawal and substitution of counsel. Signed by Magistrate Judge Gregory J. Kelly on 10/9/2018. (HMK)
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| Filing 26 NOTICE to the Courts to take judicial notice by ESR Performance Corp. (Attachments: #1 Exhibit, #2 Exhibit)(Vilmos, Nicolette) Modified on 10/5/2018 (LMM). |
| Filing 25 MOTION to Dismiss Defendant and Counter-Claimant's third, seventh, eighth and tenth counter-claims in its Answer and Counter-Claim by ESR Performance Corp.. (Vilmos, Nicolette) |
| Filing 24 MOTION to Substitute Attorney (Filed as: NOTICE of Consent Order Granting Substitution of Attorney) Appearance by Nicolette Corso Vilmos on behalf of ESR Performance Corp. (Vilmos, Nicolette) Modified on 10/5/2018 (LMM). |
| Set/reset deadlines/hearings: Second Amended Complaint due by 10/9/2018 (LMM) |
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Filing 23
ORDER: The Amended Complaint (Doc. #16 ) is DISMISSED WITHOUT PREJUDICE. Signed by Judge Roy B. Dalton, Jr. on 10/1/2018. (ctp)(JLC)
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| Filing 22 Case transferred in from District of Florida Southern; Case Number 1:18-cv-20247. File received electronically |
| Civil Case Terminated. Closing Case. per DE 21 (cbr) [Transferred from flsd on 9/26/2018.] |
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Filing 21
PAPERLESS ORDER granting #20 Motion to Transfer Case. Per the parties' agreement, and pursuant to 28 U.S.C. s.1404(a), the Court finds that the case should be transerred "[f]or the convenience of parties and witnesses, in the interest of justice,... to any other district or division where it might have been brought or to any district or division to which all parties have consented." Here, the parties consent and stipulate to the transfer. The Middle District will be,on balance, more convenient for both parties, and will be more convenient for JVMAX's witnesses. Access to sources of proof is equal in both the Southern and Middle District. Hence, this transfer will make the trial more easy, expeditious, and inexpensive.The Clerk is therefore DIRECTED to transfer this action to the Middle District of Florida. The action pending in this District shall then be closed for administrative purposes. Signed by Magistrate Judge Edwin G. Torres on 9/24/2018. (EGT) [Transferred from flsd on 9/26/2018.]
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| Filing 20 Joint MOTION Transfer Venue by ESR Performance Corp.. (Attachments: #1 Text of Proposed Order)(Tamaroff, David) [Transferred from flsd on 9/26/2018.] |
| Filing 19 NOTICE of Attorney Appearance by Brittany J Maxey on behalf of JVMAX, Inc.. Attorney Brittany J Maxey added to party JVMAX, Inc.(pty:dft). (Maxey, Brittany) [Transferred from flsd on 9/26/2018.] |
| Filing 18 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , COUNTERCLAIM against ESR Performance Corp. by JVMAX, Inc.. (Brees, William) [Transferred from flsd on 9/26/2018.] |
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Filing 17
PAPERLESS ORDER: Pursuant to the Court's earlier stay order #12 , the Trademark Trial and Appeal Board has issued its decision #15 and the clerk is directed to reopen this case. Signed by Judge Robert N. Scola, Jr. on 8/31/2018. (zlz) [Transferred from flsd on 9/26/2018.]
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| Filing 16 First AMENDED COMPLAINT and Demand for Jury Trial against JVMAX, Inc., filed by ESR Performance Corp.. (Attachments: #1 Exhibit A)(Tamaroff, David) [Transferred from flsd on 9/26/2018.] |
| Filing 15 NOTICE by ESR Performance Corp. re #12 Order on Motion to Stay - Trademark Trial and Appeal Board Decision (Attachments: #1 Exhibit A) (Tamaroff, David) [Transferred from flsd on 9/26/2018.] |
| Filing 14 NOTICE of Change of Address by David Fisher Tamaroff (Tamaroff, David) [Transferred from flsd on 9/26/2018.] |
| Filing 13 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Order Staying Case) (mc) [Transferred from flsd on 9/26/2018.] |
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Filing 12
ORDER granting #11 Motion to Stay. The Court directs the Clerk to administratively close this case during the pendency of this stay. Signed by Judge Robert N. Scola, Jr on 6/18/2018. (mc) [Transferred from flsd on 9/26/2018.]
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| Filing 11 Joint MOTION to Stay All Deadlines Pending Final Resolution of the Cancellation Proceeding for the Registration-at-Issue by ESR Performance Corp.. Responses due by 6/29/2018 (Attachments: #1 Text of Proposed Order)(Tamaroff, David) [Transferred from flsd on 9/26/2018.] |
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Filing 10
ORDER ON CLERK'S DEFAULT PROCEDURE. In order to resolve this case justly, swiftly, and economically the Court orders the Plaintiff to submit a Motion for Entry of Clerk's Default by June 20, 2018. (Motions due by 6/20/2018). Signed by Judge Robert N. Scola, Jr on 6/13/2018. (mc) [Transferred from flsd on 9/26/2018.]
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| Filing 9 NOTICE of Attorney Appearance by William Robert Brees on behalf of JVMAX, Inc.. Attorney William Robert Brees added to party JVMAX, Inc.(pty:dft). (Brees, William) [Transferred from flsd on 9/26/2018.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by ESR Performance Corp.. JVMAX, Inc. waiver sent on 4/13/2018, answer due 6/12/2018. (Tamaroff, David) [Transferred from flsd on 9/26/2018.] |
| Filing 7 NOTICE of Upcoming Deadline to Serve Under Federal Rule of Civil Procedure 4(m). The Plaintiff is notified, in keeping with Rule 4(m), that the Court will dismiss this case without prejudice unless the Plaintiff timely serves the Defendant by April 19, 2018, establishes with the Court, before this deadline, that good cause exists for the failure. Signed by Judge Robert N. Scola, Jr on 2/27/2018. (mc) [Transferred from flsd on 9/26/2018.] |
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Filing 6
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 1/29/2018. (mdc) [Transferred from flsd on 9/26/2018.]
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Filing 5
ORDER Requiring Discovery and Scheduling Conference and ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Non-Dispositive Pretrial and Discovery Matters. Signed by Judge Robert N. Scola, Jr on 1/22/2018. (mc) [Transferred from flsd on 9/26/2018.]
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| Filing 4 Summons Issued as to JVMAX, Inc. (mc) [Transferred from flsd on 9/26/2018.] |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (mc) [Transferred from flsd on 9/26/2018.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (mc) [Transferred from flsd on 9/26/2018.] |
| Filing 1 COMPLAINT and Demand for Jury Trial against JVMAX, Inc.. Filing fees $ 400.00 receipt number 113C-10342660, filed by ESR Performance Corp. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summon(s))(Tamaroff, David) [Transferred from flsd on 9/26/2018.] |
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