Galaxy America, Inc. v. EZ Inflatables, Inc. et al
| Galaxy America, Inc. and Galaxy America, Inc. doing business as Galaxy Multirides |
| EZ Inflatables, Inc. and Edgar Abraamyan |
| 8:2019cv02834 |
| November 17, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Trademark |
| 15 U.S.C. § 0044 |
| Plaintiff |
Docket Report
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| Filing 18 TRANSFER to Fort Myers Division and assigned case number 2:19-cv-855-FTM-29MRM. (LNR) |
Filing 17
ENDORSED ORDER: Galaxy America has filed a response to the Court's November 18 Order in an attempt to establish that this case belongs in the Tampa Division. (Doc. #16). However, Galaxy America acknowledges that its principal place of business is in the Fort Myers Division. The primary connection to the Tampa Division that Galaxy America notes is EZ Inflatables' interactive website, which allows customers across the country to purchase its allegedly infringing products. But this supports that customers in both the Tampa Division and the Fort Myers Division are equally able to purchase products from the website and have likely done so in the past. Thus, Galaxy America has not shown that the Tampa Division has a greater nexus with this case than the Fort Myers Division. Upon review, the Court determines that the Fort Myers Division has the greatest nexus with this case. Thus, this case should have been filed in the Fort Myers Division pursuant to Local Rule 1.02(c). See Local Rule 1.02(c)("All civil proceedings of any kind shall be instituted in that Division encompassing the county or counties having the greatest nexus with the cause, giving due regard to the place where the claim arose and the residence or principal place of business of the parties."). Accordingly, the Court directs the Clerk to transfer this case to the Fort Myers Division. Signed by Judge Virginia M. Hernandez Covington on 11/27/2019. (DMD)
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| Filing 16 RESPONSE re 3 Order filed by Galaxy America, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit Declaration of Attorney Joseph R. Sozzani)(Sozzani, Joseph) |
| Filing 15 RETURN of service executed on 11/19/2019 by Galaxy America, Inc. as to Edgar Abraamyan. (Sozzani, Joseph) |
| Filing 14 RETURN of service executed on 11/19/2019 by Galaxy America, Inc. as to EZ Inflatables, Inc. (Sozzani, Joseph) |
| Filing 13 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint) (JNB) |
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Filing 12
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by December 23, 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 11/20/2019. (DMD)
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| Filing 11 ***TERMINATED, contacted counsel to refile using proper event.***PROOF of service by Galaxy America, Inc. (Sozzani, Joseph) Modified text on 11/20/2019 (LNR). |
| Filing 10 ***TERMINATED, contacted counsel to refile using proper event.***PROOF of service by Galaxy America, Inc. (Sozzani, Joseph) Modified text on 11/20/2019 (LNR). |
| Filing 9 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by Galaxy America, Inc. Related case(s): no (Sozzani, Joseph) |
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Filing 8
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/19/2019. (TWL)
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Filing 7
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 11/19/2019. (TWL)
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| Filing 6 SUMMONS issued as to EZ Inflatables, Inc. (JNB) |
| Filing 5 PROPOSED summons to be issued by Galaxy America, Inc. (Sozzani, Joseph) Modified text on 11/18/2019 (JNB). |
| Filing 4 SUMMONS issued as to Edgar Abraamyan (WCD) Modified text on 11/18/2019 (JNB). |
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Filing 3
ENDORSED ORDER: Plaintiff Galaxy America, Inc., has filed this Lanham Act case in the Tampa Division of the Middle District of Florida. (Doc. #1). In the Complaint, Galaxy asserts that venue is proper in this District because "Galaxy resides in this Judicial District and Defendants have committed acts of infringement of Galaxy's federal registered trademarks in this Judicial District by advertising, exhibiting and selling their infringing products within this district." (Id. at 6). Additionally, "Galaxy is a corporation duly organized and existing under the laws of Florida with its principal place of business in the Middle District of Florida." (Id.). However, no mention is made of why the case has been filed in the Tampa Division of this District. Indeed, the only place within this District mentioned in the Complaint is Orlando, which is within the Orlando Division. Local Rule 1.02(c) states: "All civil proceedings of any kind shall be instituted in that Division encompassing the county or counties having the greatest nexus with the cause, giving due regard to the place where the claim arose and the residence or principal place of business of the parties." Accordingly, Galaxy is directed to provide more information establishing which Division of this District has the greatest nexus with the case by November 25, 2019. Signed by Judge Virginia M. Hernandez Covington on 11/18/2019. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:19-cv-2834-T-33JSS. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-16153427) filed by GALAXY AMERICA, INC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Civil Cover Sheet Civil Cover Sheet, #27 Proposed Summons Summons to Defendants EZ Inflatables, Inc. and Edgar Abraamyan)(Sozzani, Joseph) Modified on 11/18/2019 (WCD). |
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