Unico International Trading Corp. v. Armchem International Corporation
Plaintiff: Unico International Trading Corp.
Defendant: Armchem International Corporation
Case Number: 8:2019cv02196
Filed: August 30, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Thomas G Wilson
Nature of Suit: Trademark
Cause of Action: 15:1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 1, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2019 Opinion or Order Filing 13 ENDORSED ORDER: The case is dismissed with prejudice pursuant to the Stipulated Voluntary Dismissal (Doc. #12), with the parties to bear their own attorney's fees and costs to the extent described therein. The Clerk shall close the case. Signed by Judge Virginia M. Hernandez Covington on 10/1/2019. (SGM)
October 1, 2019 Filing 12 STIPULATION of Dismissal by Unico International Trading Corp. (Fabian, Jeffrey)
September 26, 2019 Opinion or Order Filing 11 ENDORSED ORDER: On the basis of the Notice of Settlement, this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 9/26/2019. (SGM)
September 26, 2019 Filing 10 NOTICE of settlement by Unico International Trading Corp. (Fabian, Jeffrey)
September 25, 2019 Filing 9 NOTICE of Appearance by John P. Kelly on behalf of Armchem International Corporation (Kelly, John)
September 13, 2019 Opinion or Order Filing 8 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 11, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 9/13/2019. (SGM)
September 13, 2019 Filing 7 RETURN of service executed on 9/6/19 by Unico International Trading Corp. as to Armchem International Corporation. (Fabian, Jeffrey)
September 4, 2019 Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re 5 Order filed by Unico International Trading Corp.. (Attachments: #1 Exhibit 1 - LinkedIn online search, #2 Exhibit 2 - Armchem International jobs, #3 Exhibit 3 - Condo Expo, #4 Exhibit 4- You Fit Pic, #5 Exhibit 5 - Armchem Website)(Fabian, Jeffrey)
September 3, 2019 Opinion or Order Filing 5 ENDORSED ORDER: Plaintiff's Complaint states that venue is proper in this District because "Defendant resides in this state and judicial district and because a substantial part of the events giving rise to the claims asserted in this Complaint occurred in this judicial district and/or a substantial part of the property that is the subject of the action is situated in this district." (Doc. #1 at 3). Plaintiff further alleges that venue is proper under 28 U.S.C. 1391(b)(3) "because Defendant is subject to the Court's personal jurisdiction with respect to this action." (Id.). Yet, according to the Complaint, the Defendant's principal place of business is Fort Lauderdale, Florida, which is not within the Middle District of Florida. (Id. at 2). Further, Plaintiff alleges that Defendant is infringing upon Plaintiff's trademark and that Plaintiff sent a cease and desist letter to Defendant at its Fort Lauderdale address. (Id. at 5; Doc. # 1-6). In support of its allegation that venue is proper in the Middle District of Florida, Plaintiff offers only vague assertions that Defendant "conducts business" throughout the state of Florida and that a "substantial part" of the operative events occurred in this District. Plaintiff is directed to provide this Court with additional information with regard to why venue is proper in this District on or before September 10, 2019. Signed by Judge Virginia M. Hernandez Covington on 9/3/2019. (SGM)
September 3, 2019 Filing 4 Trademark Report sent to Alexandria, VA. (Attachments: #1 complaint) (BES)
September 3, 2019 Filing 3 SUMMONS issued as to Armchem International Corporation. (BES)
August 30, 2019 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:19-cv-2196-T-33TGW. (SJB)
August 30, 2019 Filing 1 COMPLAINT and Demand for Jury Trial, Injunctive Relief Sought against Armchem International Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-15870615) filed by Unico International Trading Corp.. (Attachments: #1 Exhibit 1 - Germ Away Registration, #2 Exhibit 2- Germ Away Wipes, #3 Exhibit 3 - Germ Away Fogger, #4 Exhibit 4 - EPA Reg., #5 Exhibit 5 - Armchem Fl. Pesticide Reg., #6 Exhibit 6 - Cease & Desist Letter, #7 Civil Cover Sheet, #8 Proposed Summons)(Fabian, Jeffrey)

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Defendant: Armchem International Corporation
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Plaintiff: Unico International Trading Corp.
Represented By: Jeffrey B. Fabian
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