Buzz Pop Cocktails Corporation v. Booze Pops LLC
Plaintiff: Buzz Pop Cocktails Corporation
Defendant: Booze Pops LLC
Case Number: 8:2019cv01840
Filed: July 29, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Mary S Scriven
Referring Judge: Thomas G Wilson
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2021 Opinion or Order Filing 35 ORDER DENYING #26 Defendant's embedded Motion for Sanctions; DENYING #27 Defendant's Motion for Sanctions Pursuant to Federal Rule of Civil Procedure 11. Signed by Judge Mary S. Scriven on 1/11/2021. (MWC)
August 25, 2020 Opinion or Order Filing 34 ENDORSED ORDER DENYING #33 Defendant's Request for Leave to File a Reply to ECF No. 32. Should the Court require additional briefing regarding this matter, it will direct the Parties to file such briefing via a sua sponte Order. Signed by Judge Mary S. Scriven on 8/25/2020. (MWC)
August 24, 2020 Filing 33 MOTION for Leave to File Other Document :a Reply to ECF No. 32, Plaintiff's Opposition Memorandum to Defendant's Motions for Sanctions (ECF No.s 26 and 27) by Booze Pops LLC. (Latham, Susan)
August 19, 2020 Filing 32 RESPONSE in Opposition re #26 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue; and MOTION for Sanctions pursuant to 28 U.S.C. 1927 and the Court's Inherent Powers MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted, #27 MOTION for Sanctions PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 11 filed by Buzz Pop Cocktails Corporation. (Reiner, David)
August 6, 2020 Acknowledgment - Transferred case has been opened in the District of South Carolina as case 2:20-cv-02841, filed on 08/05/2020. (AG)
August 5, 2020 Filing 31 TRANSFER to the District of South Carolina. (AG)
August 5, 2020 Opinion or Order Filing 30 ORDER GRANTING #26 Defendant's Motion to Dismiss for Improper Venue; DENYING AS MOOT #26 Defendant's Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim; DENYING AS MOOT #28 Plaintiff's Motion for Extension of Time to Respond to (ECF No. 26) Until 10 Days After the Court Has Resolved Plaintiff's Motion to Transfer Venue; GRANTING #29 Plaintiff's Motion to Transfer Venue to South Carolina. See Order for details. Signed by Judge Mary S. Scriven on 8/5/2020. (MWC)
August 3, 2020 Filing 29 MOTION to Change Venue / Transfer Case by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Reiner, David)
August 3, 2020 Filing 28 MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue; and MOTION for Sanctions pursuant to 28 U.S.C. 1927 and the Court's Inherent Powers MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Reiner, David)
July 28, 2020 Filing 27 MOTION for Sanctions PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 11 by All Defendants. (Attachments: #1 Appendix Proof of service referred to in certificate of service, #2 Exhibit "A"_Second Affidavit of Woodrow Norris dtd 07-02-2020)(Latham, Susan)
July 20, 2020 Filing 26 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue; and, MOTION for Sanctions pursuant to 28 U.S.C. 1927 and the Court's Inherent Powers, MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted by All Defendants. (Attachments: #1 Appendix Table of Contents for Convenience of Court, #2 Exhibit "A"_First Affidavit of Woodrow Norris dated August 26, 2019, #3 Exhibit "B"_Second Affidavit of Woodrow Norris dated July 2, 2020)(Latham, Susan)
June 23, 2020 Opinion or Order Filing 25 ENDORSED ORDER GRANTING #24 Defendant's Unopposed Motion to Extend Time for Defendant to Respond to Plaintiff's Verified Second Amended Complaint. Defendant shall have up to and including July 27, 2020 to file its answer or otherwise respond to the Second Amended Complaint. Signed by Judge Mary S. Scriven on 6/23/2020. (MWC)
June 22, 2020 Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #23 Amended Complaint by Booze Pops LLC. (Attachments: #1 Exhibit Email response fr Plaintiff's counsel stating no objection to extending time)(Latham, Susan)
June 19, 2020 Filing 23 AMENDED COMPLAINT - VERIFIED SECOND AMENDED COMPLAINT against Booze Pops LLC with Jury Demand. filed by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Reiner, David)
May 19, 2020 Opinion or Order Filing 22 ORDER Concerning Civil Cases: Case Management and Scheduling Orders. Signed by Judge Mary S. Scriven on 5/19/2020. (KE)
April 22, 2020 Opinion or Order Filing 21 ORDER DENYING #14 Defendant's Motion to Dismiss for Lack of Standing; GRANTING #14 Defendant's Motion to Dismiss for Lack of Personal Jurisdiction. Plaintiff's Amended Complaint, (Dkt. 9), is DISMISSED WITHOUT PREJUDICE. In light of the Court's Order Concerning Jury Trials and Other Proceedings in re: Coronavirus Public Emergency, (Dkt. 20), Plaintiff shall have up to and including June 19, 2020 (or twenty-one (21) days from any extended stay that may later be entered) to file a Second Amended Complaint that cures the jurisdictional deficiencies identified in this Order if it can do so consistent with its obligations under the Federal Rules of Civil Procedure, including Rule 11. Signed by Judge Mary S. Scriven on 4/22/2020. (MWC)
March 19, 2020 Opinion or Order Filing 20 ORDER concerning Jury Trials and Other Proceedings in re: Coronavirus Public Emergency. Signed by Judge Mary S. Scriven on 3/19/2020. (LRB)
February 14, 2020 Filing 19 NOTICE of pendency of related cases per Local Rule 1.04(d) by Booze Pops LLC. Related case(s): yes (Attachments: #1 Exhibit Complaint in South Carolina Case, #2 Exhibit Appendix of Exhibits to Complaint in South Carolina Case, #3 Exhibit Exhibit 1 to Complaint in South Carolina Case, #4 Exhibit Exhibit 2 to Complaint in South Carolina Case, #5 Exhibit Exhibit 3 to Complaint in South Carolina Case, #6 Exhibit Exhibit 4 to Complaint in South Carolina Case, #7 Exhibit Exhibit 5 to Complaint in South Carolina Case, #8 Exhibit Exhibit 6 to Complaint in South Carolina Case, #9 Exhibit Exhibit 7 to Complaint in South Carolina Case, #10 Exhibit Exhibit 8 to Complaint in South Carolina Case, #11 Exhibit Exhibit 9 to Complaint in South Carolina Case, #12 Exhibit Exhibit 10 to Complaint in South Carolina Case, #13 Exhibit Exhibit 11 to Complaint in South Carolina Case, #14 Exhibit Exhibit 12 to Complaint in South Carolina Case, #15 Exhibit Exhibit 13 to Complaint in South Carolina Case, #16 Exhibit Exhibit 14 to Complaint in South Carolina Case, #17 Exhibit Exhibit 15 to Complaint in South Carolina Case, #18 Exhibit Exhibit 16 to Complaint in South Carolina Case, #19 Exhibit Exhibit 17 to Complaint in South Carolina Case, #20 Exhibit Exhibit 18 to Complaint in South Carolina Case, #21 Exhibit Exhibit 19 to Complaint in South Carolina Case, #22 Exhibit Exhibit 20 to Complaint in South Carolina Case, #23 Exhibit Exhibit 21 to Complaint in South Carolina Case, #24 Exhibit Exhibit 22 to Complaint in South Carolina Case, #25 Exhibit Exhibit 23 to Complaint in South Carolina Case, #26 Exhibit Exhibit 24 to Complaint in South Carolina Case, #27 Exhibit Exhibit 25 to Complaint in South Carolina Case, #28 Exhibit Exhibit 26 to Complaint in South Carolina Case, #29 Exhibit Exhibit 27 to Complaint in South Carolina Case, #30 Exhibit Exhibit 28 to Complaint in South Carolina Case, #31 Exhibit Exhibit 29 to Complaint in South Carolina Case, #32 Exhibit Exhibit 30 to Complaint in South Carolina Case, #33 Exhibit Exhibit 31 to Complaint in South Carolina Case, #34 Exhibit Exhibit 32 to Complaint in South Carolina Case, #35 Exhibit Exhibit 33 to Complaint in South Carolina Case, #36 Exhibit Exhibit 34 to Complaint in South Carolina Case)(Latham, Susan)
October 29, 2019 Filing 18 REPLY to Response to Motion re #14 MOTION to dismiss for lack of jurisdiction (personal), and for lack of standing MOTION to dismiss for failure to state a claim upon which relief may be granted MOTION to Dismiss Amended Complaint (Dkt no.9) for Improper Venue , and pursuant to the Court's Order, Dkt. no. 17, filed by Booze Pops LLC. (Latham, Susan)
October 21, 2019 Opinion or Order Filing 17 ENDORSED ORDER GRANTING #16 Defendant's Request for Leave to File a Reply to Dkt. 15. Defendant shall have up to and including October 29, 2019 to file a Reply, which shall not exceed ten (10) pages. Signed by Judge Mary S. Scriven on 10/21/2019. (SBA)
October 17, 2019 Filing 16 MOTION for leave to file a Reply to Plaintiff's response [Dkt. no. 15] to Defendant's motions to dismiss [Dkt. no. 14] by Booze Pops LLC. (Latham, Susan)
October 15, 2019 Filing 15 RESPONSE in Opposition re #14 MOTION to dismiss for lack of jurisdiction (personal), and for lack of standing MOTION to dismiss for failure to state a claim upon which relief may be granted MOTION to Dismiss Amended Complaint (Dkt no.9) for Improper Venue filed by Buzz Pop Cocktails Corporation. (Reiner, David)
September 30, 2019 Filing 14 MOTION to dismiss for lack of jurisdiction (personal), and for lack of standing, MOTION to dismiss for failure to state a claim upon which relief may be granted, MOTION to Dismiss Amended Complaint (Dkt no.9) for Improper Venue by Booze Pops LLC. (Attachments: #1 Exhibit Plaintiff's December 2018 Articles of Incorporation, #2 Affidavit of Woodrow Norris, #3 Exhibit Ruskaboy Holdings' "Booze Pop Cocktails" Fictitious Name Registration Records)(Latham, Susan)
September 17, 2019 Opinion or Order Filing 13 ENDORSED ORDER DENYING AS MOOT #8 Plaintiff's Motion for Extension of Time to Respond to the Defendant's Motion to Dismiss. In light of Plaintiff's having filed an Amended Complaint as a matter of course, Plaintiff's motion is denied as moot. Signed by Judge Mary S. Scriven on 9/17/2019. (SBA)
September 17, 2019 Opinion or Order Filing 12 ENDORSED ORDER DENYING AS MOOT #6 Defendant's Motion to Dismiss Plaintiff's Complaint for Lack of Standing, Lack of Personal Jurisdiction, Improper Venue, Failure to State a Claim Upon Which Relief May be Granted, and Motion to Strike Request for Punitive Damages and Patent Allegations. In light of Plaintiff's having filed an Amended Complaint as a matter of course, Defendant's motion is denied as moot. Defendant shall be free to reassert any of the challenges raised therein to the extent that they remain viable against the Amended Complaint. Signed by Judge Mary S. Scriven on 9/17/2019. (SBA)
September 16, 2019 Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Buzz Pop Cocktails Corporation. (Reiner, David)
September 16, 2019 Filing 10 CERTIFICATE of counsel re #8 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to dismiss for lack of jurisdiction and lack of standing MOTION to dismiss for failure to state a claim MOTION to Dismiss Complaint for Improper Venue Updated Rule 3.01(g) Certification by David P. Reiner, II on behalf of Buzz Pop Cocktails Corporation (Reiner, David)
September 16, 2019 Filing 9 AMENDED COMPLAINT against Booze Pops LLC with Jury Demand. filed by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Reiner, David)
September 13, 2019 Filing 8 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to dismiss for lack of jurisdiction and lack of standing MOTION to dismiss for failure to state a claim MOTION to Dismiss Complaint for Improper Venue by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Reiner, David)
August 26, 2019 Filing 7 CORPORATE Disclosure Statement by Booze Pops LLC. (Latham, Susan)
August 26, 2019 Filing 6 MOTION to dismiss for lack of jurisdiction and lack of standing, MOTION to dismiss for failure to state a claim , MOTION to Dismiss Complaint for Improper Venue by Booze Pops LLC. (Attachments: #1 Exhibit (Articles of Incorporation_Buzz Pop Cocktails Corp._12-7-2019), #2 Affidavit (Exhibit 2_Affidavit of Woodrow Norris), #3 Exhibit (Plaintiff's Abandonment of Patent Application; USPTO Public PAIR docket))(Latham, Susan)
August 7, 2019 Filing 5 RETURN of service executed on 8/6/2019 by Buzz Pop Cocktails Corporation as to Booze Pops LLC. (Reiner, David)
July 30, 2019 Filing 4 SUMMONS issued as to Booze Pops LLC. (LD)
July 30, 2019 Filing 3 Trademark Report sent to Alexandria, VA. (Attachments: #1 Exhibit Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit Civil Cover Sheet) (LD)
July 29, 2019 Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Thomas G. Wilson. New case number: 8:19-cv-1840-T-35TGW. (SJB)
July 29, 2019 Filing 1 COMPLAINT against Booze Pops LLC with Jury Demand (Filing fee $ 400 receipt number 113A-15737748) filed by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Proposed Summons)(Reiner, David)

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Plaintiff: Buzz Pop Cocktails Corporation
Represented By: David P. Reiner, II
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Defendant: Booze Pops LLC
Represented By: Susan Joy Latham
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