Nygard et al v. Jasper et al
| Peter Nygard, Nygard International Partnership and Nygard Inc. |
| Jacky Jasper also known as Sean Merrick also known as Greg Comeau also known as Hollywood Street King also known as HSK doing business as Diaryofahollywoodstreetking.com, Sean Merrick, Greg Comeau, Hollywood Street King, HSK and John/Jane Does |
| 8:2015cv01939 |
| August 19, 2015 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Hillsborough |
| Virginia M Hernandez Covington |
| Elizabeth A Jenkins |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Filing 38 CLERK'S certificate of destruction of exhibits and/or exhibit substitutes as to Peter Nygard, Nygard Inc., Nygard International Partnership. (AMD) |
| Filing 37 PLAINTIFF EXHIBITS ONLY: The records in this case indicate that this case was disposed of more than thirty (30) days ago. The records also indicate that the Clerk's Office is in possession of various exhibits used during the proceedings. Pursuant to Local Rule 5.04, you are notified that you have thirty (30) days for the removal of the exhibits from the custody of the Clerk's Office, or the exhibits will be destroyed, as permitted by Local Rule 5.04. (AMD) |
| Filing 36 JUDGMENT in favor of Nygard Inc., Nygard International Partnership, Peter Nygard against Jacky Jasper, John/Jane Does (Signed by Deputy Clerk) (LD) |
Filing 35
ENDORSED ORDER: The Clerk is directed to enter judgement for the Plaintiffs as described in the Court's Order Awarding Damages. #34. Thereafter, the Clerk is directed to close the case. Signed by Judge Virginia M. Hernandez Covington on 2/25/2016. (BLB)
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Filing 34
ORDER: Plaintiffs are awarded attorneys' fees in the amount of $44,839.50 and costs in the amount of $400.00. Plaintiffs are awarded $81,760.00 in disgorgement of Defendant's profits. Signed by Judge Virginia M. Hernandez Covington on 2/25/2016. (BLB)
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| Filing 33 AFFIDAVIT of Amy L. Baker re: #30 Miscellaneous Hearing by Peter Nygard, Nygard Inc., Nygard International Partnership. (Baker, Amy) |
| Filing 32 NOTICE of EXHIBITS placed in the EXHIBIT ROOM [1 Envelope of attorney's fees and cost hearing]. (LD) |
| Filing 31 Plaintiffs' Exhibit List (SAT) |
| Filing 30 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: HEARING re Damages held on 2/12/2016. Court Reporter: Scott N. Gamertsfelder (SAT) |
| Filing 29 AFFIDAVIT of LORI T. MILVAIN re: #28 Affidavit, 27 Order on Motion to Continue, 25 Notice of hearing by Peter Nygard, Nygard Inc., Nygard International Partnership. (Baker, Amy) |
| Filing 28 AFFIDAVIT of Amy L. Baker by Peter Nygard, Nygard Inc., Nygard International Partnership. (Baker, Amy) |
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Filing 27
ENDORSED ORDER: Plaintiffs' Motion to Continue Hearing on Damages #26 is denied. On January 2015, this Court accepted the Report and Recommendation of Judge Jenkins and, accordingly, entered a default judgment against Defendant. #24. That same day, the Court scheduled a hearing regarding damages, attorney's fees, and costs for this Friday, February 12, 2016, at 11:00 am. #24 25. The Court notified Plaintiffs of this Hearing on Damages on January 25, 2016. #24. Thus, the Plaintiffs had over two weeks' notice that the Hearing would be held on February 12, 2016. Two days before the Hearing, Plaintiffs have filed a Motion to Continue Hearing on Damages, requesting a 30-day extension. While the Court is happy to continue a hearing even at the last minute because of an emergency, no such emergency has occurred in this case. Signed by Judge Virginia M. Hernandez Covington on 2/10/2016. (BLB) Modified on 2/10/2016 (BLB).
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| Filing 26 MOTION to Continue by Peter Nygard, Nygard Inc., Nygard International Partnership. (Attachments: #1 Affidavit)(Baker, Amy) |
| Filing 25 NOTICE of hearing: Hearing regarding damages, attorneys' fees, and costs set for 2/12/2016 at 11:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (SAT) |
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Filing 24
ORDER: The Report and Recommendation #22 is ACCEPTED and ADOPTED. Plaintiffs' Motion for Entry of Default Judgment Against Defendant #17 is GRANTED. The Court will hold a hearing on damages, attorneys' fees and costs on Friday, February 12, 2016, at 11:00AM in Courtroom 14B. At the hearing, Plaintiffs should be prepared to present evidence demonstrating entitlement to such damages, fees and costs. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/25/2016. (NM)
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| Filing 23 NOTICE of compliance re #22 REPORT AND RECOMMENDATIONS re #17 MOTION for default Entry of Judgment filed by Nygard International Partnership, Peter Nygard, Nygard Inc.. by Peter Nygard, Nygard Inc., Nygard International Partnership (Baker, Amy) |
| Filing 22 REPORT AND RECOMMENDATION re #17 Motion for Entry of Default Judgment against Defendant filed by Nygard International Partnership, Peter Nygard, Nygard Inc. Signed by Magistrate Judge Elizabeth A. Jenkins on 1/4/2016. (AL) |
| Filing 21 NOTICE by Peter Nygard, Nygard Inc., Nygard International Partnership re #17 MOTION for default Entry of Judgment (Baker, Amy) |
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Filing 20
ORDER ruling deferred #17 Motion for Entry of Default Judgment Against Defendant. Signed by Magistrate Judge Elizabeth A. Jenkins on 11/18/2015. (AL)
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| Filing 19 RESPONSE re 16 Order no pdf filed by Peter Nygard, Nygard Inc., Nygard International Partnership. (Baker, Amy) |
| Filing 18 AFFIDAVIT of Amy Baker re: #17 MOTION for default Entry of Judgment by Peter Nygard, Nygard Inc., Nygard International Partnership. (McDonough, Sean) Modified on 11/18/2015 (LD). |
| Filing 17 MOTION for default Entry of Judgment by All Plaintiffs. (McDonough, Sean) Motions referred to Magistrate Judge Elizabeth A. Jenkins. |
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Filing 16
ENDORSED ORDER: On October 14, 2015, the Clerk of Court issued its Entry of Default #14 against Defendant Jacky Jasper. Thereafter, the Court advised Plaintiff to move forward without delay in seeking a default judgment in an effort to bring this matter towards its final resolution. The Court requests that Plaintiff provide a status of this action on or before November 18, 2015. Signed by Judge Virginia M. Hernandez Covington on 11/10/2015. (NM)
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Filing 15
ORDER: Plaintiff is directed to move forward with his motion for default judgment without delay. Signed by Judge Virginia M. Hernandez Covington on 10/14/2015. (NM)
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| Filing 14 Clerk's ENTRY OF DEFAULT as to Jacky Jasper (LD) |
| Filing 13 DECLARATION of Sean M. McDonough re #12 MOTION for entry of clerk's default against Jacky Jasper by Peter Nygard, Nygard Inc., Nygard International Partnership. (Attachments: #1 Exhibit A)(LD) |
| Filing 12 MOTION for entry of clerk's default against Jacky Jasper by Nygard International Partnership, Peter Nygard, Nygard Inc.. (Attachments: #1 Mailing Envelope)(LD) Motions referred to Magistrate Judge Elizabeth A. Jenkins. |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re 9 Order to show cause filed by Peter Nygard, Nygard Inc., Nygard International Partnership. (McDonough, Sean) |
| Filing 10 [TERMINATED] RESPONSE TO ORDER TO SHOW CAUSE re 9 Order to show cause filed by Peter Nygard, Nygard Inc., Nygard International Partnership. (Baker, Amy) NOTE: Incorrect log in and user ID, counsel notified. Modified on 10/13/2015 (LD). |
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Filing 9
ENDORSED ORDER TO SHOW CAUSE: Nygard filed its Complaint against Jacky Jasper on August 19, 2015 #1, and effected service of process on Jasper on August 20, 2015 #7. A review of the file reveals that Jasper failed to respond to the Complaint, and Nygard has not promptly applied to the Clerk for entry of default pursuant to Local Rule 1.07(b). Nygard is therefore directed to SHOW CAUSE, in writing, by October 12, 2015, why this action should not be dismissed for failure to prosecute pursuant to Local Rule 3.10(a). Failure to do so will result in this action being dismissed without further notice. Signed by Judge Virginia M. Hernandez Covington on 10/8/2015. (NM)
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| Filing 8 PROOF of service by Peter Nygard, Nygard Inc., Nygard International Partnership (McDonough, Sean) |
| Filing 7 (Entry Terminated: Incorrect filing code; counsel has been notified to refile) PROOF of service by Peter Nygard, Nygard Inc., Nygard International Partnership (McDonough, Sean) Modified on 10/8/2015 to rotate image. (AG) |
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Filing 6
ENDORSED ORDER By October 7, 2015, the plaintiff shall provide a status report of its efforts to serve the defendant in this case. Signed by Judge Virginia M. Hernandez Covington on 10/3/2015. (Covington, Virginia)
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| Filing 5 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Peter Nygard, Nygard Inc., Nygard International Partnership. Related case(s): yes (Baker, Amy) |
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 9/3/2015. Signed by Judge Virginia M. Hernandez Covington on 8/20/2015. (NM)
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| Filing 3 Trademark Report sent to Alexandria, VA. (GNB) |
| Filing 2 SUMMONS issued as to Jacky Jasper. (GNB) |
| Filing 1 COMPLAINT against John/Jane Does, Jacky Jasper (Filing fee $400 receipt number TPA31799) filed by Nygard International Partnership, Peter Nygard, Nygard Inc. (Attachments: #1 Civil Cover Sheet)(GNB) (Additional attachment(s) added on 8/20/2015: #2 Exhibit 1) (GNB). |
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