BTL Industries, Inc. v. Nextwellness USA LLC
Plaintiff: BTL INDUSTRIES, INC.
Defendant: NEXTWELLNESS USA LLC
Case Number: 6:2022cv01477
Filed: August 18, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Embry J Kidd
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2023 Opinion or Order Filing 72 ORDER denying without prejudice #69, #70 Plaintiff's Unopposed Motions for Admission Pro Hac Vice of Paige E. Cloud and Brooke N. McLain. Signed by Magistrate Judge Embry J. Kidd on 9/26/2023. (RMN)
September 26, 2023 Filing 71 Joint MOTION to Amend #39 Case Management Scheduling Order by BTL Industries, Inc. (Vining, Jaime) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/26/2023 (CTR).
September 22, 2023 Filing 70 Unopposed MOTION for Brooke N. McLain to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21281101 for $150 by BTL Industries, Inc. (Vining, Jaime) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/22/2023 (CTR).
September 22, 2023 Filing 69 Unopposed MOTION for Paige E. Cloud to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21281089 for $150 by BTL Industries, Inc. (Vining, Jaime) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/22/2023 (CTR).
August 25, 2023 Opinion or Order Filing 68 ORDER denying as moot #64 Plaintiff's Motion to Compel Defendant's Responses to Discovery; granting #65 Defendant's Motion for Extension of Time to Respond to Discovery. Signed by Magistrate Judge Embry J. Kidd on 8/25/2023. (RMN)
August 22, 2023 Filing 67 RESPONSE to Motion re #65 MOTION for Extension of Time to Complete Discovery filed by BTL Industries, Inc. (Attachments: #1 Affidavit of Josephine Kim)(Vining, Jaime) Modified text on 8/23/2023 (MCB).
August 18, 2023 Opinion or Order Filing 66 ENDORSED ORDER taking under advisement #65 Motion for Extension of Time. Plaintiff is directed to respond on or before August 22, 2023. Upon review of Docs. 64 and 65, the undersigned notes that this is an issue that the parties should be able to resolve themselves, and they are encouraged to do so. Signed by Magistrate Judge Embry J. Kidd on 8/18/2023. (Kidd, Embry)
August 18, 2023 Filing 65 MOTION for Extension of Time to Complete Discovery by Nextwellness USA LLC. (Clancy, Ryan) Motions referred to Magistrate Judge Embry J. Kidd.
August 17, 2023 Filing 64 MOTION to Compel Responses to Discovery by BTL Industries, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Vining, Jaime) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 8/18/2023 (GL).
August 9, 2023 Filing 63 Minute Entry. In Person Proceedings held before Judge Wendy W. Berger: Claims Construction Hearing held on 8/9/2023. Court Reporter: Heather Suarez (RMF)
August 8, 2023 Filing 62 NOTICE TO COUNSEL Chandrika Vira, Monica Riva Talley, Josephine Kim of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (BCB)
August 8, 2023 Filing 61 NOTICE TO COUNSEL Monica Riva Talley 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). (BCB)
August 7, 2023 Filing 60 NOTICE of change of address by Jaime Rich Vining (Vining, Jaime)
August 4, 2023 Opinion or Order Filing 59 ORDER granting #58 Plaintiff's Unopposed Amended Motion to Appear Pro Hac Vice of Josephine Kim. Signed by Magistrate Judge Embry J. Kidd on 8/4/2023. (RMN)
August 3, 2023 Filing 58 Unopposed Amended MOTION for Josephine Kim to appear pro hac vice, Consent to Designation, and Request to Electronically Received Notices of Electronic Filing by BTL Industries, Inc.. (Vining, Jaime) Motions referred to Magistrate Judge Embry J. Kidd. (Modified on 8/4/2023 to edit docket text) (JDR).
August 2, 2023 Opinion or Order Filing 57 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #56 Attorney Josephine Kim's Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 8/2/2023. (RMN)
August 1, 2023 Filing 56 MOTION for Josephine Kim to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21100646 for $150 by BTL Industries, Inc. (Vining, Jaime) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/1/2023 as to docket text (ARL).
July 17, 2023 Filing 55 MEMORANDUM in support re #29 Case Management Report Joint Claim Construction Pre-Hearing Statement filed by BTL Industries, Inc. (Vining, Jaime) Modified on 7/18/2023 to remove duplicate punctuation. (LD).
July 10, 2023 Filing 54 RESPONSE re #53 Brief - Plaintiff Defendant's Claim Construction Response Brief filed by Nextwellness USA LLC. (Attachments: #1 Exhibit Ex. 1 - US Patent No. 9,636,519, #2 Exhibit Ex. 2 - US Patent No. 10,695,575, #3 Exhibit Ex. 3 - US Patent No. 11,266,852, #4 Exhibit Ex. 4 - The Merriam-Webster Dictionary, #5 Exhibit Ex. 5 - Oxford Dictionary of American English)(Susser, Steven)
June 22, 2023 Filing 53 PLAINTIFF'S OPENING CLAIM CONSTRUCTION BRIEF re #39 Case Management Scheduling Order filed by BTL Industries, Inc. (Attachments: #1 Exhibit A)(Vining, Jaime) Modified on 6/23/2023 to edit docket text (KNC).
June 6, 2023 Filing 52 Minute Entry. In Person Proceedings held before Judge Wendy W. Berger: TECH TUTORIAL CONFERENCE held on 6/6/2023. Court Reporter: Heather Suarez (RMF)
June 6, 2023 Filing 51 NOTICE re 50 Order on Motion to Appear Telephonically: Jaime Vining shall call 1-877-873-8018 ten minutes before the hearing is scheduled to begin. Access Code: 9703505. Security Code: 060623. (RMF)
June 6, 2023 Opinion or Order Filing 50 ENDORSED ORDER granting #49 Unopposed Motion for Leave to Appear at Technology Tutorial Conference by Telephone. Jaime Rich Vining may appear telephonically for the Technology Tutorial on June 6, 2023 at 10:30 a.m. Counsel will receive call-in instructions by separate docket entry. The motion fails to comply with this Court's January 13, 2021 Standing Order. The parties are cautioned that future failures to comply with all applicable rules and orders of this Court may result in the striking or denial of filings without notice or leave to refile. Signed by Judge Wendy W. Berger on 6/6/2023. (ETW)
June 6, 2023 Filing 49 Unopposed MOTION for Jaime Vining to appear telephonically at the Technology Tutorial Conference by BTL Industries, Inc.. (Vining, Jaime) Motions referred to Magistrate Judge Embry J. Kidd.
June 6, 2023 Set hearings: Claims Construction Hearing set for 8/9/2023 at09:30 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. (RMF)
June 2, 2023 Filing 48 NOTICE of Filing Joint Claim Construction Chart by BTL Industries, Inc. re #39 Case Management Scheduling Order (Vining, Jaime) Modified on 6/5/2023 to edit docket text (KNC).
June 2, 2023 Filing 47 NOTICE of Attorney Appearance by Yamila Lorenzo on behalf of Nextwellness USA LLC (Lorenzo, Yamila)
May 17, 2023 Filing 46 NOTICE OF RESCHEDULING HEARING: The Miscellaneous Hearing (Technology Tutorial Conference) hearing previously scheduled for 6/8/2023 is rescheduled. New scheduling date and time: Miscellaneous Hearing (Technology Tutorial Conference) set for 6/6/2023 at 10:30 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. (RMF)
March 31, 2023 Opinion or Order Filing 45 ORDER denying #44 the parties' Joint Motion for Entry of Stipulated Protective Order. Signed by Magistrate Judge Embry J. Kidd on 3/31/2023. (RMN)
March 27, 2023 Filing 44 Joint MOTION for Protective Order by BTL Industries, Inc. (Attachments: #1 Text of Proposed Order)(Vining, Jaime) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/28/2023 to edit docket text (KNC).
March 23, 2023 Opinion or Order Filing 43 ENDORSED ORDER granting #42 Motion for Extension of Time. Defendant may have until and through April 6, 2023, to disclose its non-infringement and invalidity contentions. Signed by Magistrate Judge Embry J. Kidd on 3/23/2023. (Kidd, Embry)
March 22, 2023 Filing 42 MOTION for Extension of Time to Disclose Non-Infringement and Invalidity Contentions by Nextwellness USA LLC. (Clancy, Ryan) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/22/2023 to edit docket text (KNC).
February 9, 2023 Filing 41 CASE REFERRED to Mediation. Mediator: Brian Gilchrist (KNC)
February 8, 2023 Filing 40 NOTICE of hearing: Miscellaneous Hearing (Technology Tutorial Conference) set for 6/8/2023 at09:30 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Miscellaneous Hearing (Claims Construction Hearing) set for 8/9/2023 at09:30 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. (RMF)
February 8, 2023 Opinion or Order Filing 39 CASE MANAGEMENT AND SCHEDULING ORDER: (PATENT CASE) Amended Pleadings due by 2/15/2023 Joinder of Parties due by 2/15/2023 Dispositive motions due by 3/5/2024 Pretrial statement due by 7/8/2024 All other motions due by 6/5/2024 Trial Status Conference set for 7/9/2024 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for the August 2024 trial term commencing on 8/5/2024 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 2/16/2024. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 2/8/2023. (RMF)
February 7, 2023 Opinion or Order Filing 38 ENDORSED ORDER granting #37 Motion for Extension of Time. Defendant may have until and through March 23, 2023, to disclose its non-infringement and invalidity contentions. Signed by Magistrate Judge Embry J. Kidd on 2/7/2023. (Kidd, Embry)
February 6, 2023 Filing 37 Unopposed MOTION for Extension of Time to File Non-Infringement and Invalidity Contentions by Nextwellness USA LLC. (Clancy, Ryan) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 2/7/2023 to edit docket text (KNC).
February 2, 2023 Opinion or Order Filing 36 ENDORSED ORDER granting #27 BTL's Response to Order to Show Cause and Unopposed Motion for Extension of Time to File Case Management Report. The Order to Show Cause #26 is DISCHARGED and the Case Management Report #29 is deemed timely filed. Signed by Judge Wendy W. Berger on 2/2/2023. (ETW)
January 20, 2023 Opinion or Order Filing 35 ENDORSED ORDER granting #34 Motion for Extension of Time. Plaintiff may have until and through February 21, 2023, to disclose its infringement contentions. Signed by Magistrate Judge Embry J. Kidd on 1/20/2023. (Kidd, Embry)
January 18, 2023 Filing 34 Unopposed MOTION for Extension of Time to File Infringement Contentions by BTL Industries, Inc.. (Vining, Jaime) Motions referred to Magistrate Judge Embry J. Kidd.
January 10, 2023 Filing 33 NOTICE of Lead Counsel Designation by Ryan Matthew Clancy on behalf of Nextwellness USA LLC. Lead Counsel: Ryan M. Clancy. (Clancy, Ryan)
January 9, 2023 Filing 32 NOTICE of Lead Counsel Designation by Jaime Rich Vining on behalf of BTL Industries, Inc. Lead Counsel: Chandrika Vira. (Vining, Jaime) Modified text on 1/10/2023 (JNB).
January 9, 2023 Filing 31 NOTICE to counsel Chandrika Vira, Jaime R. Vining, Jessica E Fleetham, Ryan M. Clancy and Steven Susser of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SRD)
January 6, 2023 Filing 30 CORPORATE Disclosure Statement by Nextwellness USA LLC. (Susser, Steven)
December 28, 2022 Filing 29 CASE MANAGEMENT REPORT. (Vining, Jaime)
December 22, 2022 Filing 28 CERTIFICATE of interested persons and corporate disclosure statement by BTL Industries, Inc.. (Vining, Jaime)
December 12, 2022 Filing 27 RESPONSE TO ORDER TO SHOW CAUSE and MOTION for Extension of Time to File Case Management Report re #26 Order to show cause, filed by BTL Industries, Inc. (Vining, Jaime) Modified on 12/13/2022 to edit docket text and change event (KNC).
December 9, 2022 Opinion or Order Filing 26 ORDER to show cause as to BTL Industries, Inc., Nextwellness USA LLC. The parties are hereby ORDERED TO SHOW CAUSE by a written response filed on or before December 16, 2022, why this case should not be dismissed, pursuant to Local Rule 3.10, for lack of prosecution due to the non-filing of a Case Management Report. Signed by Judge Wendy W. Berger on 12/9/2022. (RMF)
November 30, 2022 Opinion or Order Filing 25 ORDER granting #20 Defendant's Motion for Steven Craig Susser to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 11/30/2022. (RMN)
November 29, 2022 Filing 24 NOTICE to Court by Nextwellness USA LLC re 23 Order on Motion to Appear Pro Hac Vice, (Attachments: #1 Exhibit A)(Clancy, Ryan) Modified on 11/29/2022 to edit docket text (KNC).
November 28, 2022 Opinion or Order Filing 23 ENDORSED ORDER taking under advisement #20 Defendant's Motion for Steven Susser to Appear Pro Hac Vice. On or before December 5, 2022, Defendant shall file a notice with the Court which states the date of Mr. Susser's pro hac vice admission in Arthrex, Inc. v. West Coast Medical Resources, LLC and Geosurgical, LLC, Sixth Circuit Pinellas County, Florida, Case No. 17-004751-CI. Signed by Magistrate Judge Embry J. Kidd on 11/28/2022. (RMN)
November 28, 2022 Opinion or Order Filing 22 ORDER granting #21 Defendant's Motion for Jessica Fleetham to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 11/28/2022. (RMN)
November 23, 2022 Filing 21 MOTION for Jessica Fleetham to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20234176 for $150 by Nextwellness USA LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Clancy, Ryan) Motions referred to Magistrate Judge Embry J. Kidd.
November 22, 2022 Filing 20 MOTION for Steven Craig Susser to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20231743 for $150 by Nextwellness USA LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Clancy, Ryan) Motions referred to Magistrate Judge Embry J. Kidd.
November 21, 2022 Filing 19 NOTICE to counsel Steven Susser and Jessica Fleetham 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). (KNC)
November 18, 2022 Filing 18 ANSWER and affirmative defenses with Jury Demand to #9 Amended Complaint, by Nextwellness USA LLC.(Clancy, Ryan)
November 14, 2022 Reset deadlines: for Nextwellness USA LLC. Response to Complaint due 11/18/2022. (KNC)
November 14, 2022 Opinion or Order Filing 17 ENDORSED ORDER granting #16 Motion for Extension of Time. Defendant may have until and through November 18, 2022, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 11/14/2022. (Kidd, Embry)
November 14, 2022 Filing 16 MOTION for Extension of Time to File Response/Reply as to #9 Amended Complaint, by Nextwellness USA LLC. (Clancy, Ryan) Motions referred to Magistrate Judge Embry J. Kidd.
October 11, 2022 reset deadlines: for Nextwellness USA LLC. Response to the Amended Complaint due 11/14/2022. (KNC)
October 11, 2022 Opinion or Order Filing 15 ENDORSED ORDER granting in part and denying in part #14 Motion for Extension of Time. Defendant may have until and through November 14, 2022, to respond to the Amended Complaint. Signed by Magistrate Judge Embry J. Kidd on 10/11/2022. (Kidd, Embry)
October 11, 2022 Filing 14 MOTION for Extension of Time to File Response/Reply as to #9 Amended Complaint, by Nextwellness USA LLC. (Clancy, Ryan) Motions referred to Magistrate Judge Embry J. Kidd.
October 6, 2022 Opinion or Order Filing 13 ORDER granting #12 Plaintiff BTL Industries, Inc.'s Motion to Appear Pro Hac Vice of Chandrika Vira. Signed by Magistrate Judge Embry J. Kidd on 10/6/2022. (RMN)
October 5, 2022 Filing 12 MOTION for Chandrika Vira to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20061639 for $150 by BTL Industries, Inc.. (Vining, Jaime) Motions referred to Magistrate Judge Embry J. Kidd.
September 23, 2022 Filing 11 RETURN of service executed on 09/21/2022 by BTL Industries, Inc. as to Nextwellness USA LLC. (Vining, Jaime)
September 19, 2022 Filing 10 RETURN of service executed on 09/15/2022 by BTL Industries, Inc. as to Nextwellness USA LLC. (Vining, Jaime)
September 7, 2022 Filing 9 AMENDED COMPLAINT against Nextwellness USA LLC with Jury Demand. filed by BTL Industries, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Vining, Jaime) Modified on 9/7/2022 to edit docket text (KNC).
September 2, 2022 Set deadlines: Amended Complaint due by 9/8/2022 (KNC)
September 1, 2022 Opinion or Order Filing 8 ORDER: The Complaint #1 is DISMISSED without prejudice. Plaintiff may file an amended complaint on or before September 8, 2022, to correct the deficiencies noted herein. Failure to timely file an amended pleading in compliance with this Order may result in dismissal without further notice. Signed by Judge Wendy W. Berger on 9/1/2022. (RMF)
August 29, 2022 Opinion or Order Filing 7 ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 8/29/2022. (PML)
August 23, 2022 Filing 6 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). (RMF)
August 23, 2022 Opinion or Order Filing 5 NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). 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 8/23/2022. (RMF)
August 19, 2022 Filing 4 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint, #2 Exhibits A-E, #3 Exhibits F-M) (SRD)
August 19, 2022 Filing 3 SUMMONS issued as to Nextwellness USA LLC. (SRD)
August 19, 2022 Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Embry J. Kidd. New case number: 6:22-cv-1477-WWB-EJK. (SJB)
August 18, 2022 Filing 1 COMPLAINT against Nextwellness USA LLC with Jury Demand (Filing fee $402 receipt number AFLMDC-19901913) filed by BTL Industries, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Civil Cover Sheet, #15 Proposed Summons for NextWellness USA LLC)(Vining, Jaime) Modified text on 8/19/2022 (SRD).

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Plaintiff: BTL INDUSTRIES, INC.
Represented By: Jaime Rich Vining
Represented By: Chandrika Vira
Represented By: Monica Riva Talley
Represented By: Paige E. Cloud
Represented By: Brooke N. McLain
Represented By: Josephine Kim
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Defendant: NEXTWELLNESS USA LLC
Represented By: Ryan Matthew Clancy
Represented By: Jessica E Fleetham
Represented By: Steven Susser
Represented By: Yamila Lorenzo
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