Nutramax Laboratories, Inc. et al v. Zesty Paws LLC
| Nutramax Laboratories, Inc. and Nutramax Laboratories Veterinary Sciences, Inc. |
| Zesty Paws LLC, Health and Happiness (H&H) International Holdings Ltd. (Hong Kong S.A.R.), Health and Happiness (H&H) International Holdings Ltd. (Cayman Islands), Health and Happiness (H&H) US Holdings Inc., Health and Happiness US International Incorporated and Health and Happiness (H&H) Inc. |
| 6:2022cv00626 |
| March 29, 2022 |
| US District Court for the Middle District of Florida |
| Carlos E Mendoza |
| Leslie Hoffman Price |
| Other Statutory Actions |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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Filing 75
ORDER granting #73 Motion for Leave to File Reply. Plaintiffs shall file a reply brief, on or before December 14, 2022, which shall not exceed seven (7) pages in length. Signed by Magistrate Judge Leslie Hoffman Price on 11/30/2022. (MKH)
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| Filing 74 RESPONSE in Opposition re #73 MOTION for Leave to File Other Document :Reply in Support of Motion to Dismiss in Routine Motion to Dismiss Briefing filed by Health and Happiness US International Incorporated, Zesty Paws LLC. (Palacio, Vanessa) |
| Filing 73 MOTION for Leave to File Other Document :Reply in Support of Motion to Dismiss by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc.. (Gunn, Uly) |
| Filing 72 RESPONSE in Opposition re #64 MOTION to Dismiss Amended Counterclaim and Strike Prayer for Punitive Damages in Count I and Incorporated Memorandum of Law re #63 Amended COUNTERCLAIM filed by Health and Happiness US International Incorporated, Zesty Paws LLC. (Palacio, Vanessa) |
| Set deadlines as to #64 MOTION to Dismiss Amended Counterclaim and Strike Prayer for Punitive Damages in Count I. Responses due by 11/28/2022 (SPM) |
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Filing 71
ENDORSED ORDER granting #70 Defendants' Motion for Clarification. The deadline for Defendants to respond to Plaintiffs' Motion to Partially Dismiss Zesty Paws' Amended Counterclaim and Strike Prayer for Punitive Damages in Count I (Doc. No. 64) is extended up to and including November 28, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 11/16/2022. (MKH)
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| Filing 70 MOTION for CLARIFICATION REGARDING NOVEMBER 15, 2022 ORDER [D.E. 69] by Health and Happiness (H&H) Inc., Health and Happiness (H&H) International Holdings Ltd. (Cayman Islands), Health and Happiness (H&H) International Holdings Ltd. (Hong Kong S.A.R.), Health and Happiness (H&H) US Holdings Inc., Health and Happiness US International Incorporated, Zesty Paws LLC. (Palacio, Vanessa) Modified on 11/16/2022 to remove "Miscellaneous Relief" (RN) |
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Filing 69
ORDER denying as moot #67 Motion for Extension of Time; granting #68 Motion for Extension of Time. The deadline for Defendants to respond to Plaintiffs' Motion to Partially Dismiss Zesty Paws' Amended Counterclaim and Strike Prayer for Punitive Damages in Count I (Doc. No. 64) is extended up to and including November 18, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 11/15/2022. (MKH)
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| Filing 68 Unopposed MOTION for Extension of Time to File Response/Reply as to #64 MOTION to Dismiss Amended Counterclaim and Strike Prayer for Punitive Damages in Count I and Incorporated Memorandum of Law re #63 Amended COUNTERCLAIM (corrected) by Health and Happiness US International Incorporated, Zesty Paws LLC. (Palacio, Vanessa) |
| Filing 67 Unopposed MOTION for Extension of Time to File Response/Reply as to #56 Amended Complaint, by Health and Happiness US International Incorporated, Zesty Paws LLC. (Palacio, Vanessa) |
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Filing 66
ORDER granting #65 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 11/10/2022. (MKH)
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| Filing 65 Unopposed MOTION for Alan Frank Pryor to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20187819 for $150 by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc.. (Gunn, Uly) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 64 MOTION to Partially Dismiss Amended Counterclaim and Strike Prayer for Punitive Damages in Count I and Incorporated Memorandum of Law re #63 Amended COUNTERCLAIM by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Request for Oral Hearing)(Gunn, Uly) Modified on 10/31/2022 (SPM). Modified on 10/31/2022 (SPM). |
| Filing 63 Amended COUNTERCLAIM against Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc. filed by Zesty Paws LLC, Health and Happiness US International Incorporated.(Palacio, Vanessa) |
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Filing 62
ORDER granting #61 Consent Motion for Extension to Answer or Respond to Defendants' Counterclaims. The deadline for Plaintiffs to respond to Defendants' Counterclaim (Doc. No. 60) is extended up to and including October 28, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 10/3/2022. (BAB)
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| Filing 61 Consent MOTION for Extension of Time to October 28, 2022, to File Answer re #60 Answer to amended complaint Counterclaim, by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc. (Rosenberg, Jason) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 10/3/2022 (SPM). |
| Filing 60 ANSWER and affirmative defenses with Jury Demand to #56 Amended Complaint, , COUNTERCLAIM against Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc. by Health and Happiness US International Incorporated, Zesty Paws LLC.(Palacio, Vanessa) |
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Filing 59
ENDORSED ORDER Granting Defendants' Unopposed Motion for Brief Extension of Time to Respond to the Third Amended Complaint (Doc. No. #58). The deadline for Defendants to answer or otherwise respond to the Third Amended Complaint is extended up to and including September 16, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 9/9/2022. (BAB)
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| Set deadlines: for Health and Happiness US International Incorporated, Zesty Paws LLC. Answer due by 9/16/2022. (SPM) |
| Filing 58 Unopposed MOTION for Extension of Time to September 16, 2022, to File Answer re #56 Third Amended Complaint, by Health and Happiness US International Incorporated, Zesty Paws LLC. (Palacio, Vanessa) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 9/8/2022 (SPM). |
| Filing 57 NOTICE of Appearance by Beth Ann Norrow on behalf of Health and Happiness US International Incorporated, Zesty Paws LLC (Norrow, Beth) |
| Filing 56 Third AMENDED COMPLAINT against Health and Happiness US International Incorporated, Zesty Paws LLC with Jury Demand. filed by Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences, Inc. Related document: #47 Second Amended Complaint, filed by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc.(Rosenberg, Jason) Modified on 8/16/2022 (SPM). |
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Filing 55
ORDER granting #54 Motion to Withdraw as Counsel (with Client Consent). Marc L. Levine of the law firm Latham, Luna, Eden & Beaudine, LLP, and Ronie M. Schmelz and Michael J. Ruttinger of the law firm Tucker Ellis, LLP withdraw as counsel for Defendants, Zesty Paws LLC and Health and Happiness (H&H) US International Incorporated ("Defendants"). Signed by Magistrate Judge Leslie Hoffman Price on 8/9/2022. (ECJ)
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| Filing 54 MOTION for Marc Levine, Ronie Schmelz and Michael Ruttinger to Withdraw as Attorney by Health and Happiness US International Incorporated, Zesty Paws LLC. (Levine, Marc) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 53 NOTICE of Appearance by Vanessa Palacio on behalf of Health and Happiness US International Incorporated, Zesty Paws LLC (Palacio, Vanessa) |
| Filing 52 NOTICE of Lead Counsel Designation by Uly Samuel Gunn on behalf of Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc.. Lead Counsel: Jason Demian Rosenberg. (Gunn, Uly) |
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Filing 51
ORDER granting #50 Joint Motion to File Third Amended Complaint With Consent Pursuant to Fed. R. Civ. P. 15(A)(2), Strike Deadline to Respond to Second Amended Complaint and Set Response Deadline to Forthcoming Third Amended Complaint. Plaintiffs shall file their third amended complaint on or before August 15, 2022. Defendants shall answer or otherwise respond to the third amended complaint on or before September 12, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 8/2/2022. (ECJ)
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| Set deadlines: Third Amended Complaint due by 8/15/2022 (SPM) |
| Filing 50 Joint MOTION for Miscellaneous Relief, specifically to File Third Amended Complaint With Consent Pursuant To Fed. R. Civ. P. 15(A)(2), Strike Deadline To Respond To Second Amended Complaint And Set Response Deadline To Forthcoming Third Amended Complaint by Health and Happiness US International Incorporated, Zesty Paws LLC. (Levine, Marc) Modified on 7/29/2022 (SPM). |
| Filing 49 NOTICE of Mediator's Appearance by James Michael Matulis on behalf of Matulis Mediation | Arbitration (Matulis, James) |
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Filing 48
ENDORSED ORDER granting #43 Joint Motion to File Second Amended Complaint and denying as moot #40 Motion for Extension of Time and #44 Motion to Dismiss in light of #47 Second Amended Complaint. Signed by Judge Carlos E. Mendoza on 7/14/2022. (KMS)
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| Filing 47 Second AMENDED COMPLAINT with Defendants' Consent against Health and Happiness US International Incorporated, Zesty Paws LLC with Jury Demand. filed by Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences, Inc. Related document: #30 Amended Complaint, filed by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc.(Rosenberg, Jason) Modified on 7/8/2022 (SPM). |
| Filing 46 NOTICE of voluntary dismissal without prejudice of certain defendants by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc. (Rosenberg, Jason) Modified on 7/8/2022 (SPM). |
| Filing 45 RETURN of service executed on 6/29/2022 by Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences, Inc. as to Health and Happiness US International Incorporated. (Goldsmith, John) Modified on 7/1/2022 (SPM). |
| Filing 44 MOTION to Dismiss First #30 Amended Complaint by Health and Happiness (H&H) Inc., Health and Happiness (H&H) US Holdings Inc., Health and Happiness US International Incorporated, Zesty Paws LLC. (Levine, Marc) Modified on 6/23/2022 (SPM). |
| Filing 43 Joint MOTION to File Second Amended Complaint with Consent and Extend Defendants' Response Deadline re #30 Amended Complaint by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc. (Gallagher, Mary) Modified on 6/22/2022 (SPM). |
| Filing 42 RETURN of service executed on 5/31/2022 by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc. as to Health and Happiness (H&H) Inc. (Goldsmith, John) Modified on 6/16/2022 (SPM). |
| Filing 41 CERTIFICATE of interested persons and corporate disclosure statement re #9 Order by Health and Happiness (H&H) Inc., Health and Happiness (H&H) US Holdings Inc., Health and Happiness US International Incorporated. (Levine, Marc) |
| Filing 40 Unopposed MOTION for Extension of Time to June 22, 2022, to File Response/Reply as to #30 Amended Complaint, by Health and Happiness (H&H) Inc., Health and Happiness (H&H) International Holdings Ltd. (Cayman Islands), Health and Happiness (H&H) International Holdings Ltd. (Hong Kong S.A.R.), Health and Happiness (H&H) US Holdings Inc., Health and Happiness US International Incorporated. (Levine, Marc) Modified on 6/15/2022 (SPM). |
| Filing 39 CASE REFERRED to Mediation. (SPM) |
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Filing 38
STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (BAB)
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Filing 37
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/1/2022, Joinder of Parties due by 8/1/2022, Discovery due by 12/1/2023, Dispositive motions due by 1/2/2024, Pretrial statement due by 5/6/2024, All other motions due by 5/6/2024, Plaintiff disclosure of expert report due by 10/3/2023, Defendant disclosure of expert report due by 11/2/2023. Trial Status Conference set for 5/16/2024 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Jury Trial set for June 2024 trial term in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Conduct mediation hearing by 12/15/2023. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 6/13/2022. (ALL)
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| Filing 36 RETURN of service executed on 5/27/2022 by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc. as to Health and Happiness (H&H) US Holdings Inc. (Goldsmith, John) Modified on 6/7/2022 (SPM). |
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Filing 35
ORDER granting #33 Defendant's Unopposed Motion for Extension of Time to File Response to First Amended Complaint. The deadline for Defendant, Zesty Paws LLC, to respond to the Amended Complaint (Doc. No. 30) is extended up to an including June 22, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 6/1/2022. (BAB)
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| Filing 34 CASE MANAGEMENT REPORT. (Gallagher, Mary) |
| Filing 33 Unopposed MOTION for Extension of Time to June 22, 2022, to File Response/Reply as to #30 Amended Complaint, by Zesty Paws LLC. (Levine, Marc) Modified on 6/1/2022 (SPM). |
| Filing 32 Second Amended CERTIFICATE of interested persons and corporate disclosure statement re #9 Order by Zesty Paws LLC. (Levine, Marc) Modified on 5/26/2022 (SPM). |
| Filing 31 SUMMONS issued as to Health and Happiness (H&H) Inc., Health and Happiness (H&H) International Holdings Ltd. (Cayman Islands), Health and Happiness (H&H) International Holdings Ltd. (Hong Kong S.A.R.), Health and Happiness (H&H) US Holdings Inc., Health and Happiness US International Incorporated. (SPM) |
| Filing 30 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences, Inc.. (Attachments: #1 Proposed Summons H&H Delaware, #2 Proposed Summons H&H HK, #3 Proposed Summons H&H Illinois, #4 Proposed Summons H&H US International, #5 Proposed Summons H&H Cayman)(Rosenberg, Jason) |
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Filing 29
ORDER granting #28 Defendant's Unopposed Motion for Special Admission (Michael J. Ruttinger). Signed by Magistrate Judge Leslie Hoffman Price on 5/23/2022. (BAB)
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| Filing 28 Unopposed MOTION for Michael J. Ruttinger to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19597455 for $150 by Zesty Paws LLC. (Levine, Marc) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 27
ORDER granting #24 Defendant's Renewed Unopposed Motion for Special Admission. Signed by Magistrate Judge Leslie Hoffman Price on 5/10/2022. (BAB)
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| Filing 26 Amended CERTIFICATE of interested persons and corporate disclosure statement re #9 Order by Zesty Paws LLC. (Levine, Marc) Modified on 5/10/2022 (SPM). |
| Filing 25 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Zesty Paws LLC.(Levine, Marc) |
| Filing 24 Renewed Unopposed MOTION for Ronie M. Schmelz to appear pro hac vice by Zesty Paws LLC. (Levine, Marc) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 5/10/2022 (SPM). |
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Filing 23
ORDER denying without prejudice #22 Defendant's Unopposed Motion for Special Admission. Signed by Magistrate Judge Leslie Hoffman Price on 5/9/2022. (BAB)
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| Filing 22 Unopposed MOTION for Ronie M. Schmelz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19541046 for $150 by Zesty Paws LLC. (Levine, Marc) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 21
ORDER granting #18 Motion to Appear Pro Hac Vice; granting #19 Motion to Appear Pro Hac Vice; granting #20 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 4/28/2022. (BAB)
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| Filing 20 MOTION for Uly S. Gunn to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19512793 for $150 by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc.. (Goldsmith, John) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 19 MOTION for Mary Grace Gallagher to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19512749 for $150 by Nutramax Laboratories, Inc.. (Goldsmith, John) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 18 MOTION for Jason D. Rosenberg to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19512605 for $150 by Nutramax Laboratories, Inc.. (Goldsmith, John) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 17
ORDER granting #14 Defendant's Unopposed Motion for Extension of Time to File Response to Complaint. The deadline for Defendant to answer or otherwise respond to Plaintiff's Complaint (Doc. No. 2) is extended up to and including May 9, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 4/25/2022. (BAB)
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| Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Zesty Paws LLC. Related case(s): No (Levine, Marc) |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #9 Order by Zesty Paws LLC. (Levine, Marc) |
| Filing 14 Unopposed MOTION for Extension of Time to May 9, 2022, to File Response/Reply as to #2 Complaint by Zesty Paws LLC. (Levine, Marc) Modified on 4/22/2022 (SPM). |
| Filing 13 Supplemental CORPORATE Disclosure Statement re #9 Order by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc. (Goldsmith, John) Modified on 4/14/2022 (SPM). |
| Filing 12 RETURN of service executed on 4/4/2022 by Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences, Inc. as to Zesty Paws LLC. (Goldsmith, John) |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc.. Related case(s): No (Goldsmith, John) |
| REFUND for duplicate payment. Receipt number AFLMDC-19396908 refunded in the amount of $ $402.00 paid to Sharon Ellwood.. (NLC) |
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Filing 10
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 Carlos E. Mendoza on 3/31/2022. (MEH) ctp
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Filing 9
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 3/31/2022. (MEH) ctp
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| Filing 8 SUMMONS issued as to Zesty Paws LLC. (SPM) |
| Filing 7 Trademark Report sent to Alexandria, VA. (SPM) |
| Filing 6 NOTICE to counsel Jason D. Rosenberg and Uly S. Gunn 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. Pay the Special Admission Fee. Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (SPM)(ctp) |
| Filing 5 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Leslie Hoffman Price. New case number: 6:22-cv-0626-CEM-LHP. (SJB) |
| Filing 4 Rule 7.1 CORPORATE Disclosure Statement by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc. (Goldsmith, John) Modified on 3/31/2022 (SPM). |
| Filing 3 PROPOSED summons to be issued by Nutramax Laboratories Veterinary Sciences, Inc., Nutramax Laboratories, Inc.. (Goldsmith, John) |
| Filing 2 COMPLAINT for Damages and Injunctive Relief against Zesty Paws LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19396908) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(Goldsmith, John) |
| Filing 1 (RE-FILED SEE DOC. 2) COMPLAINT against Zesty Paws LLC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19396870) filed by Nutramax Laboratories, Inc., Nutramax Laboratories Veterinary Sciences, Inc.(Goldsmith, John) Modified on 3/31/2022 (SPM). |
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