The Listing Realty, LLC v. The Listing Real Estate Company, LLC
Plaintiff: The Listing Realty, LLC
3Rd Party Plaintiff: The Listing Real Estate Company, LLC
3Rd Party Defendant: Ariel Vargas and Antonio Hernandez
Case Number: 6:2020cv01875
Filed: October 12, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Gregory J Kelly
Nature of Suit: Trademark
Cause of Action: 15:1114
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2020 Filing 25 CASE REFERRED to Mediation. (LDJ)
December 8, 2020 Opinion or Order Filing 24 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 12/18/2020, Joinder of Parties due by 12/18/2020, Discovery due by 3/7/2022, Dispositive motions due by 4/6/2022, Pretrial statement due by 8/9/2022, All other motions due by 7/6/2022, Plaintiff disclosure of expert report due by 7/1/2021, Defendant disclosure of expert report due by 8/1/2021, Trial Status Conference set for 8/9/2022 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Jury Trial set for trial term commencing 9/6/2022 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 3/21/2022. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 12/8/2020. (RMF)ctp
December 2, 2020 Filing 23 NOTICE of mediation conference/hearing to be held on 02/05/2021 at 9:30 a.m. before Lawrence Kolin. (Kolin, Lawrence)
December 2, 2020 Filing 22 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by The Listing Real Estate Company, LLC. Related case(s): no (Nelles, Matthew) Modified link on 12/2/2020 (LDJ).
December 2, 2020 Opinion or Order Filing 21 ORDER directing compliance. It is ORDERED that Defendant The Listing Real Estate Company, LLC shall file a response to Order #14 on or before December 4, 2020. Failure to comply may result in the imposition of sanctions without further notice. Signed by Judge Wendy W. Berger on 12/2/2020. (RMF)ctp
November 24, 2020 Filing 20 CASE MANAGEMENT REPORT. (McKinney, Matthew)
November 17, 2020 Opinion or Order Filing 19 ENDORSED ORDER granting #18 UNOPPOSED MOTION TO CONDUCT CASE MANAGEMENT CONFERENCE BY VIDEO CONFERENCING. The parties may conduct their case management conference via video conferencing. Signed by Magistrate Judge Gregory J. Kelly on 11/17/2020. (HMK)
November 17, 2020 Filing 18 Unopposed MOTION for Matthew Nelles and E. Adriana Kostencki to appear telephonically to conduct Case Management Conference by Video Conferencing by The Listing Real Estate Company, LLC. (Kostencki, Euyelit) Motions referred to Magistrate Judge Gregory J. Kelly.
November 13, 2020 Filing 17 SUMMONS issued as to Antonio Hernandez, Ariel Vargas. (LDJ)
November 12, 2020 Filing 16 REPLY to #13 Counterclaim by The Listing Realty, LLC.(McKinney, Matthew)
November 4, 2020 Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #14 Related case/interested persons/ECF by The Listing Real Estate Company, LLC. (Nelles, Matthew)
November 3, 2020 Opinion or Order Filing 14 RELATED CASE ORDER,INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing.(Defendant The Listing Real Estate Company, LLC). Notice of pendency of other actions due by 11/17/2020, Certificate of interested persons and corporate disclosure statement due by 11/17/2020. Signed by Judge Wendy W. Berger on 11/3/2020. (RMF)ctp
November 2, 2020 Filing 13 AMENDED ANSWER and affirmative defenses to #1 Complaint with Jury Demand , THIRD PARTY COMPLAINT against Antonio Hernandez, Ariel Vargas, COUNTERCLAIM against The Listing Realty, LLC by The Listing Real Estate Company, LLC, The Listing Real Estate Company, LLC. (Attachments: #1 Exhibit The Listing REM Webpage, #2 Exhibit The Listing REM Trademark Registration Certificate, #3 Exhibit The Listing Realty 1-16-19 Facebook post, #4 Exhibit The Listing Realty Application for Registration of Trademark, #5 Exhibit 6-25-20 Infringement Letter sent to Plf, #6 Exhibit The Listing Realty Social Media Advertising, #7 Exhibit Google Search for The Listing, #8 Proposed Summons for Antonio Hernandez, Third Party Defendant, #9 Proposed Summons for Ariel Vargas, Third Party Defendant)(Nelles, Matthew)
October 30, 2020 Filing 12 NOTICE of Service of Documents by The Listing Realty, LLC (McKinney, Matthew) Modified text on 10/30/2020 (LDJ).
October 30, 2020 Filing 11 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by The Listing Realty, LLC. Related case(s): n (McKinney, Matthew)
October 30, 2020 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by The Listing Realty, LLC. (McKinney, Matthew)
October 29, 2020 Filing 9 (INCORRECT EVENT USED. ATTORNEY TO REFILE.)Defendant/Counter-Plaintiff ANSWER and affirmative defenses to #1 Complaint with Jury Demand , COUNTERCLAIM against The Listing Realty, LLC by The Listing Real Estate Company, LLC. (Attachments: #1 Exhibit Defendant's Webpage, #2 Exhibit Trademark Registration Certificate, #3 Exhibit Facebook Post, Special Announcement 1-16-19, #4 Exhibit Plf Application for Registration of Trademark, #5 Exhibit 6-25-20 Infringement Letter sent to Plf, #6 Exhibit Social Media Advertising for Plf, #7 Exhibit Google Search for The Listing)(Nelles, Matthew) Modified text on 11/2/2020 (LDJ).
October 16, 2020 Opinion or Order Filing 8 ORDER Judge Kelly's Standing Order of Discovery. Signed by Magistrate Judge Gregory J. Kelly on 10/16/2020. (HMK)
October 15, 2020 Opinion or Order Filing 7 NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 10/15/2020. (RMF)ctp
October 15, 2020 Opinion or Order Filing 6 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/29/2020. Signed by Judge Wendy W. Berger on 10/15/2020. (RMF)ctp
October 15, 2020 Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/29/2020. Signed by Deputy Clerk on 10/15/2020. (RMF)ctp
October 14, 2020 Filing 4 SUMMONS issued as to The Listing Real Estate Company, LLC. (LDJ)
October 14, 2020 Opinion or Order Filing 3 ORDER Judge Kelly's Standing Order on Discovery. Signed by Magistrate Judge Gregory J. Kelly on 10/14/2020. (HMK)
October 13, 2020 Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Gregory J. Kelly. New case number: 6:20-cv-1875-Orl-78GJK. (SJB)
October 12, 2020 Filing 1 COMPLAINT against The Listing Real Estate Company, LLC with Jury Demand (Filing fee $ 400 receipt number 113A-17414873) filed by The Listing Realty, LLC. (Attachments: #1 Exhibit A-C, #2 Civil Cover Sheet, #3 Proposed Summons)(McKinney, Matthew)

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Plaintiff: The Listing Realty, LLC
Represented By: Matthew G. McKinney
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3rd party plaintiff: The Listing Real Estate Company, LLC
Represented By: Matthew S. Nelles
Represented By: Euyelit Adriana Kostencki
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3rd party defendant: Ariel Vargas
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3rd party defendant: Antonio Hernandez
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