Leather Brothers, Inc. v. Springhaus, LLC
Plaintiff: Leather Brothers, Inc.
Defendant: Springhaus, LLC
Case Number: 6:2023cv00439
Filed: March 10, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Leslie Hoffman Price
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 8, 2023 Opinion or Order Filing 29 NOTICE of settlement Voluntary Dismissal and Stipulated Injunction by Leather Brothers, Inc. (Richter, Mindi)
May 5, 2023 Opinion or Order Filing 28 CASE REFERRED to Mediation. Mediator: Jim Matulis (KNC)
May 5, 2023 Opinion or Order Filing 27 STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (MKH)
May 4, 2023 Opinion or Order Filing 26 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/30/2023 Joinder of Parties due by 6/30/2023 Discovery due by 9/30/2024 Dispositive motions due by 10/30/2024 Pretrial statement due by 3/4/2025 All other motions due by 2/1/2025 Plaintiff disclosure of expert report due by 1/12/2024 Defendant disclosure of expert report due by 2/9/2024 Trial Status Conference set for 3/11/2025 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for the April 2025 trial term commencing on 4/1/2025 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 10/14/2024. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 5/4/2023. (RMF)
May 4, 2023 Opinion or Order Filing 25 ORDER granting #24 Motion for Extension of Time. The deadline for Defendant to respond to the complaint is extended through May 18, 2023. This deadline will not be further extended. Signed by Magistrate Judge Leslie Hoffman Price on 5/4/2023. (MKH)
May 4, 2023 Opinion or Order Reset deadlines: for Springhaus, LLC. Response to the Complaint due 5/18/2023. (KNC)
May 3, 2023 Opinion or Order Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Springhaus, LLC. (Wood, David) Motions referred to Magistrate Judge Leslie Hoffman Price.
April 28, 2023 Opinion or Order Filing 23 CASE MANAGEMENT REPORT. (Timmerman, John)
April 19, 2023 Opinion or Order Filing 22 ENDORSED ORDER granting #21 Defendant's Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Complaint. The deadline for Defendant to respond to the complaint is extended up to and including May 3, 2023. Absent extraordinary circumstances, this deadline will not be further extended. Signed by Magistrate Judge Leslie Hoffman Price on 4/19/2023. (MKH)
April 19, 2023 Opinion or Order Reset deadlines: for Springhaus, LLC. Response to the Complaint due 5/3/2023. (KNC)
April 18, 2023 Opinion or Order Filing 21 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Complaint by All Defendants. (Wood, David) Motions referred to Magistrate Judge Leslie Hoffman Price.
April 10, 2023 Opinion or Order Filing 20 NOTICE of a related action per Local Rule 1.07(c) by Leather Brothers, Inc.. Related case(s): No (Richter, Mindi)
April 10, 2023 Opinion or Order Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by Leather Brothers, Inc.. (Richter, Mindi)
April 7, 2023 Opinion or Order Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re 3 Order by Springhaus, LLC. (Wood, David)
April 7, 2023 Opinion or Order Filing 17 NOTICE of a related action per Local Rule 1.07(c) by Springhaus, LLC. Related case(s): No (Wood, David)
March 31, 2023 Opinion or Order Filing 16 ORDER granting #15 Motion for Extension of Time. The deadline for Defendant to respond to the complaint is extended up to and including April 19, 2023. Signed by Magistrate Judge Leslie Hoffman Price on 3/31/2023. (MKH)
March 31, 2023 Opinion or Order Filing 15 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Complaint by Springhaus, LLC. (Wood, David) Motions referred to Magistrate Judge Leslie Hoffman Price.
March 31, 2023 Opinion or Order Reset deadlines: for Springhaus, LLC. Response to Complaint due 4/19/2023. (KNC)
March 21, 2023 Opinion or Order Filing 14 NOTICE of Compliance with Court Order by Leather Brothers, Inc. re #13 Order on Motion for Preliminary Injunction (Timmerman, John) Modified on 3/22/2023 to edit docket text (KNC).
March 21, 2023 Opinion or Order Filing 13 ORDER granting #7 Motion for Preliminary Injunction. Plaintiff shall post a bond in the amount of $10,000 by the close of business on March 21, 2023. Plaintiff is advised that failure to post bond as ordered will render the preliminary injunction ineffective. Signed by Judge Wendy W. Berger on 3/21/2023. (MDJ)
March 20, 2023 Opinion or Order Filing 12 NOTICE of Additional Appearance by Monica Marie McNulty Kovecses on behalf of Springhaus, LLC (McNulty Kovecses, Monica)
March 20, 2023 Opinion or Order Filing 11 RESPONSE in Opposition re #7 Time Sensitive MOTION for Preliminary Injunction filed by Springhaus, LLC. (Attachments: #1 Exhibit 1 - Declaration of Jorge Huck, #2 Exhibit 2 - Composite Exhibit - Third Party Users, #3 Exhibit 3 - 2018 USPTO Submission by OmniPet, #4 Exhibit 4 - OmniPet Mark Usage on Wholesalepet.com, #5 Exhibit 5 - Omnipet by Leather Brothers listed as exhibitor at Pet Expo, #6 Exhibit 6 - OmniPets Website, #7 Exhibit 7 - OmniPets Website About Us, #8 Exhibit 8 - OmniPets Exhibitor at Pet Expo, #9 Exhibit 9 - OmniPets Website in Spanish, #10 Exhibit 10 - OmniPets' website.co Extension, #11 Exhibit 11 - Leather Brothers Website)(Wood, David)
March 20, 2023 Opinion or Order Filing 10 Joint NOTICE that an Evidentiary Hearing is Not Necessary by Leather Brothers, Inc. re #9 Order directing response to motion (Timmerman, John) Modified on 3/20/2023 to edit docket text (KNC).
March 16, 2023 Opinion or Order Filing 9 ORDER: Defendant shall file a response to the Time Sensitive Motion for Preliminary Injunction #7 on or before noon on March 20, 2023. See PDF for details. Signed by Judge Wendy W. Berger on 3/16/2023. (RMF)
March 16, 2023 Opinion or Order Set deadlines as to #7 Time Sensitive MOTION for Preliminary Injunction . Responses due by 3/20/2023 (KNC)
March 14, 2023 Opinion or Order Filing 8 PROOF of service by Leather Brothers, Inc. (Richter, Mindi)
March 14, 2023 Opinion or Order Filing 7 Time Sensitive MOTION for Preliminary Injunction by Leather Brothers, Inc. (Attachments: #1 Exhibit 1 - Declaration, #2 Exhibit 2 - Registration, #3 Exhibit 3 - email, #4 Exhibit 4 - website, #5 Exhibit 5 - FB page, #6 Exhibit 6 - Defendant's application, #7 Exhibit 7 - 2/21/23 letter, #8 Exhibit 8 - letter, #9 Text of Proposed Order)(Richter, Mindi) Modified on 3/14/2023 to edit docket text (KNC).
March 13, 2023 Opinion or Order Filing 6 Trademark Report sent to Alexandria, VA. (BCB) Modified on 3/13/2023 to add Attachment(s): #1 COMPLAINT (BCB).
March 13, 2023 Opinion or Order Filing 5 SUMMONS issued as to Springhaus, LLC. (LMW)
March 13, 2023 Opinion or Order Filing 4 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)
March 13, 2023 Opinion or Order Filing 3 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 3/13/2023. (RMF)
March 13, 2023 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Leslie Hoffman Price. New case number: 6:23-cv-0439-WWB-LHP. (SJB)
March 10, 2023 Opinion or Order Filing 1 COMPLAINT Preliminary and Permanent Injunctive Relief Requested against Springhaus, LLC with Jury Demand (Filing fee $402 receipt number AFLMDC-20600497) filed by Leather Brothers, Inc. (Attachments: #1 Exhibit 1 - OMNIPET Reg. No. 2,219,727, #2 Exhibit 2 - OmniPets, #3 Exhibit 3 - Feb. 21, 2023 letter, #4 Exhibit 4 - Mar. 3, 2023 letter, #5 Civil Cover Sheet, #6 Proposed Summons)(Timmerman, John) Modified on 3/13/2023 to edit docket text (LMW).

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Plaintiff: Leather Brothers, Inc.
Represented By: John Todd Timmerman
Represented By: Mindi M. Richter
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Defendant: Springhaus, LLC
Represented By: David Storrs Wood
Represented By: Monica Marie McNulty Kovecses
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