Icon EV LLC v. Ziggy LSV INC. et al
| ICON EV LLC |
| ZIGGY LSV INC., KEVIN MILLER and Ziggy LSV Inc. a Texas corporation doing business as Ziggy doing business as Ziggy Wheels |
| 8:2019cv02539 |
| October 14, 2019 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Anthony E Porcelli |
| Other Statutory Actions |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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Filing 52
ENDORSED ORDER: Pursuant to Fed. R. Civ. P. 41(a) and the parties' "Joint Stipulation of Voluntary Dismissal with Prejudice" (Doc. #51), this action is dismissed with prejudice, with all parties to bear their own attorney's fees and costs. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. Signed by Judge Thomas P. Barber on 10/9/2020. (EKB)
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| Filing 51 STIPULATION of Dismissal with Prejudice by Ziggy LSV Inc.. (Wood, David) |
| Filing 50 NOTICE of hearing on motion re #48 MOTION to Strike Defendant Ziggy LSV, Inc.'s Motion to Strike Expert Report and Exclude Testimony of Steven Oscher. Motion Hearing set for 10/16/2020 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Court will conduct the hearing via Zoom and will send the login information separately.(JMF) Modified text on 10/7/2020 (MCB). |
| Filing 49 NOTICE by Ziggy LSV Inc. re #48 MOTION to Strike Defendant Ziggy LSV, Inc.'s Motion to Strike Expert Report and Exclude Testimony of Steven Oscher. (Attachments: #1 Supplemental Certificate of Good Faith Conference to Motion to Strike Expert Report and Exclude Testimony of Steven Oscher (D.E. 48))(Wood, David) Modified text on 10/7/2020 (MCB). |
| Filing 48 MOTION to Strike Defendant Ziggy LSV, Inc.'s Motion to Strike Expert Report and Exclude Testimony of Steven Oscher by Ziggy LSV Inc. (Attachments: #1 Exhibit A - Initial Expert Witness Disclosure, #2 Exhibit B - Expert Report, #3 Exhibit Comp. C - First and Second Requests for Production, #4 Exhibit D - Third Request for Production)(Wood, David) Modified text on 10/7/2020 (MCB). |
| Filing 47 NOTICE by Icon EV LLC re #46 Amended Complaint Joint Stipulation Regarding Amending Complaint and Case Style (Copeland, Kathryn) |
| Filing 46 AMENDED COMPLAINT against Ziggy LSV Inc. filed by Icon EV LLC. (Attachments: #1 Exhibit)(Copeland, Kathryn) |
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Filing 45
ENDORSED ORDER: Pursuant to Fed. R. Civ. P. 15, "Plaintiff's Motion for Leave to Amend Complaint and Incorporated Memorandum of Law" (Doc. #30) is granted. Plaintiff is directed to file an amended complaint on or before September 28, 2020. Defendant may respond within fourteen days of the filing of the amended complaint. Signed by Judge Thomas P. Barber on 9/22/2020. (EKB)
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Filing 44
ORAL ORDER granting 43 Oral Motion to Dismiss defendant Kevin Miller from case. Entered by Judge Thomas P. Barber on 9/22/2020. (SRC)
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| Filing 43 ORAL MOTION to dismiss defendant Kevin Miller from case by Icon EV LLC. (SRC) |
| Filing 42 Minute Entry. Proceedings held before Judge Thomas P. Barber: MOTION HEARING held on 9/22/2020 re #30 MOTION to Amend #1 Complaint filed by Icon EV LLC. Court Reporter: Scott N. Gamertsfelder (SRC) |
| Filing 41 NOTICE of Appearance by Jonathan Jamie Prockop on behalf of Icon EV LLC (Prockop, Jonathan) |
| Filing 40 NOTICE of ZOOM hearing on motion re #30 MOTION to Amend #1 Complaint . Motion Hearing set for SEPTEMBER 22, 2020 at 02:45 PM before Judge Thomas P. Barber. All pertinent parties will receive a Zoom invitation by separate email. (SRC) |
| Filing 39 RESPONSE in Opposition re #30 MOTION to Amend #1 Complaint filed by Kevin Miller, Ziggy LSV Inc.. (Attachments: #1 Exhibit A - Plaintiff's Response to Defendants' First Request for Production of Documents)(Wood, David) |
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Filing 38
ENDORSED ORDER granting in part and denying in part #31 Motion for Extension of Time to File. The deadline for producing non-rebuttal expert reports is extended up to and including 9/18/2020. All other deadlines remain. Signed by Magistrate Judge Anthony E. Porcelli on 8/28/2020. (JMF)
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| Filing 36 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 8/28/2020 re #31 MOTION for Extension of Time to File Disclosure of Expert Reports filed by Icon EV LLC. (digital) (LV) |
| Filing 35 MEDIATION report Hearing held on 8/21/2020. Hearing outcome: Impasse.. (Singletary, Cary) |
| Filing 34 NOTICE of telephonic hearing on motion re #31 MOTION for Extension of Time to File Disclosure of Expert Reports. Telephonic Motion Hearing set for 8/28/2020 at 11:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The parties shall appear telephonically at the hearing by calling toll-free number 1-888-684-8852 on the day of the hearing and entering access code 8895301 followed by security code 0828 when prompted.(JMF) |
| Filing 33 NOTICE TO COUNSEL regarding jury trials. (SRC) |
| Filing 32 RESPONSE in Opposition re #31 MOTION for Extension of Time to File Disclosure of Expert Reports filed by Kevin Miller, Ziggy LSV Inc.. (Attachments: #1 Exhibit Composite Exhibit A - Discovery, #2 Exhibit B - Icon's Response to First Request for Production of Documents, #3 Exhibit C - Icon's Response to Second Request for Production of Documents, #4 Exhibit D - Icon Correspondence)(Wood, David) |
| Filing 31 MOTION for Extension of Time to File Disclosure of Expert Reports by Icon EV LLC. (Copeland, Kathryn) |
| Filing 30 MOTION to Amend #1 Complaint by Icon EV LLC. (Delrahim, David) |
| Filing 29 NOTICE of mediation conference/hearing to be held on August 21, 2020 at 9:00 a.m. before Cary Singletary. (Copeland, Kathryn) |
| Filing 28 NOTICE by Icon EV LLC re #21 Notice of mediation conference/hearing Cancellation (Delrahim, David) |
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Filing 27
ENDORSED ORDER denying as moot #22 Motion to Compel, given the #24 resolution and #25 withdrawal of the motion. Signed by Magistrate Judge Anthony E. Porcelli on 5/12/2020. (JMF)
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| Filing 26 NOTICE canceling Motion hearing scheduled for 05/19/2020. (JMF) |
| Filing 25 NOTICE of withdrawal of motion by Icon EV LLC re #22 MOTION to Compel Discovery filed by Icon EV LLC (Copeland, Kathryn) |
| Filing 24 SUPPLEMENT re #22 MOTION to Compel Discovery by Icon EV LLC. (Copeland, Kathryn) |
| Filing 23 NOTICE of telephonic hearing on motion re #22 MOTION to Compel Discovery. Telephonic Motion Hearing set for 5/19/2020 at 10:30 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The parties shall appear telephonically at the hearing by calling toll-free number 1-888-684-8852 on the day of the hearing and entering access code 8895301 followed by security code 0519 when prompted.(JMF) |
| Filing 22 MOTION to Compel Discovery by Icon EV LLC. (Delrahim, David) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified on 5/12/2020 (CTR). |
| Filing 21 NOTICE of mediation conference/hearing to be held on June 1, 2020 at 9:00 a.m. before Cary Singletary. (Delrahim, David) |
| Filing 20 NOTICE OF RESCHEDULING HEARING: The Pretrial Conference previously scheduled for 1/6/2021 is rescheduled. New scheduling date and time: MARCH 10, 2021 at 01:30 PM in Tampa Courtroom 14A before Judge Thomas P. Barber. Bench Trial reset for term commencing 4/5/2021 before Judge Thomas P. Barber. (SRC) |
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Filing 19
ORDER concerning proceedings in civil cases re: Coronavirus Pandemic. Signed by Judge Thomas P. Barber on 3/23/2020. (SRC)
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Filing 18
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Amended to reflect deadline for mediation is 7/2/2020. Lead counsel to coordinate dates. All other deadlines remain the same. Signed by Judge Thomas P. Barber on 1/15/2020. (SRC)
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Filing 17
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 3/6/2020; Discovery due by 8/28/2020; Dispositive motions due by 9/25/2020; Plaintiff disclosure of expert report due by 6/19/2020; Defendant disclosure of expert report due by 7/17/2020; Final Pretrial Conference set for 1/6/2021 at 11:00 AM in Tampa Courtroom 14A before Judge Thomas P. Barber. Trial set for term commencing 2/1/2021 before Judge Thomas P. Barber. The parties anticipate a BENCH TRIAL taking 4 days to complete. Conduct mediation hearing by 1/31/2020. Lead counsel to coordinate dates. Signed by Judge Thomas P. Barber on 1/14/2020. (SRC)
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| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement by Kevin Miller, Ziggy LSV Inc. (Wood, David) Modified text on 1/13/2020 (AG). |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #14 Case Management Report by Icon EV LLC. (Delrahim, David) |
| Filing 14 CASE MANAGEMENT REPORT. (Wood, David) |
| Filing 13 TERMINATED. CASE MANAGEMENT REPORT. (Wood, David) NOTE: Signature block is incomplete, counsel notified to re-file. Modified on 1/8/2020 (LD). |
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Filing 12
ENDORSED ORDER granting #11 Motion for Extension of Time to File; granting #11 Motion to extend time. The parties shall have up to and including 1/3/2020 to conduct their Rule 26(f) case management conference, which the parties may conduct telephonically. Signed by Magistrate Judge Anthony E. Porcelli on 12/19/2019. (JMF)
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| Filing 11 Unopposed MOTION for Extension of Time to File to Complete Rule 26(F) Conference and Motion to Appear Telephonically , MOTION to extend time to January 3, 2020 by Icon EV LLC. (Delrahim, David) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 10 Plaintiff's REPLY to #7 Counterclaim by Icon EV LLC. Related document: #7 Answer to ComplaintCounterclaim filed by Kevin Miller, Ziggy LSV Inc..(Delrahim, David) |
| Filing 9 NOTICE of Additional Appearance by Monica Marie McNulty on behalf of Kevin Miller, Ziggy LSV Inc. (McNulty, Monica) |
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Filing 8
ENDORSED ORDER: In light of "Defendant Ziggy LSV, Inc's Unopposed Motion for Enlargement of Time to Respond to Complaint" (Doc. #6), the Court accepts and deems as timely filed "Defendants Ziggy LSV, Inc. and Kevin Miller's Answer, Affirmative Defenses, and Counterclaim" (Doc. #7). Signed by Judge Thomas P. Barber on 12/5/2019. (ZRN)
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| Filing 7 ANSWER and affirmative defenses to #1 Complaint , COUNTERCLAIM against Icon EV LLC by Kevin Miller, Ziggy LSV Inc..(Wood, David) |
| Filing 6 Unopposed MOTION for Extension of Time to File Response to Complaint by Ziggy LSV Inc.. (Wood, David) |
| Filing 5 NOTICE of designation under Local Rule 3.05 - track 2 issued by Deputy Clerk on 10/21/2019. (SRC) |
| Filing 4 Trademark Report sent to Alexandria, VA. (Attachments: #1 Exhibit Complaint) (LD) |
| Filing 3 SUMMONS issued as to Kevin Miller, Ziggy LSV Inc.(LD) |
| Filing 2 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Anthony E. Porcelli. New case number: 8:19-cv-2539-T-60AEP. (SJB) |
| Filing 1 COMPLAINT against ICON EV LLC (Filing fee $ 400 receipt number 113A-16024393) filed by ICON EV LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Delrahim, David) |
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