Dominguez et al v. Barracuda Tackle LLC et al
| Salt Addict, Inc., Yunior Dominguez and Salt Addict, Inc. A Florida Corporation doing business as The Ballyhoop |
| David Burton Young, Florida Fishing Tackle MFG. CO., Inc. and Barracuda Tackle LLC |
| Travis Hollifield |
| 8:2020cv01538 |
| July 7, 2020 |
| US District Court for the Middle District of Florida |
| Steven D Merryday |
| Anthony E Porcelli |
| Patent |
| 15 U.S.C. § 1126 |
| Both |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 51 NOTICE of unavailability of counsel by Yunior Dominguez, Salt Addict, Inc. from 09/14/2020 to 09/18/2020. (Marsh, Calrie) |
| Filing 50 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Barracuda Tackle LLC, Florida Fishing Tackle MFG. CO., Inc., David Burton Young.(Johnson, Mark) |
| Filing 49 RESPONSE in Opposition re #48 MOTION for Extension of Time to Complete Discovery filed by Barracuda Tackle LLC, Florida Fishing Tackle MFG. CO., Inc., David Burton Young. (Johnson, Mark) |
| Filing 48 MOTION for Extension of Time to Complete Discovery by All Plaintiffs. (Marsh, Calrie) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 47 CASE MANAGEMENT REPORT. (Marsh, Calrie) |
| Filing 46 NOTICE of pendency of related cases per Local Rule 1.04(d) by Barracuda Tackle LLC, Florida Fishing Tackle MFG. CO., Inc. Related case(s): no. (Johnson, Mark) Modified on 7/22/2020 (DG). |
Filing 45
ORDER re #44--notice of designation of track. See document for details. Signed by Judge Steven D. Merryday on 7/8/2020. (GSO)
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| Filing 44 NOTICE of designation under Local Rule 3.05 - Track 2. (GSO) |
| Filing 43 Patent Report sent to Alexandria, VA. (Attachment(s): #1 Copy of Complaint) (AG). Modified on 7/7/2020 (AG). |
| Filing 42 NOTICE to counsel Calrie M. Marsh of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (AG) |
| Filing 41 TRANSFER IN from the Southern District of Florida (Miami). Case assigned to District Judge Steven D. Merryday and Magistrate Judge Anthony E. Porcelli. New Case Number: 8:20-cv-1538-T-23AEP. (AG) |
| Filing 40 Case transferred in from District of Florida Southern; Case Number 1:19-cv-21264. File received electronically |
| Filing 39 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Order on Motion to Dismiss/Transfering Case) (drz) (Main Document 39 replaced on 7/7/2020) (drz). (Main Document 39 replaced on 7/7/2020) (drz). [Transferred from flsd on 7/7/2020.] |
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Filing 38
ORDER ON MOTION TO DISMISS. Defendant's Motion to Dismiss is Denied and The Case will be Transferred to The United States District Court for The Middle District of Florida. Closing Case. Motions terminated: #15 MOTION to Dismiss #1 Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6) filed by Florida Fishing Tackle MFG. CO., Inc., Barracuda Tackle LLC, David Burton Young, #36 MOTION for Claim Construction filed by Florida Fishing Tackle MFG. CO., Inc., Barracuda Tackle LLC, David Burton Young, #28 MOTION for Summary Judgment filed by Florida Fishing Tackle MFG. CO., Inc., Barracuda Tackle LLC, David Burton Young, #19 Defendant's MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 filed by Florida Fishing Tackle MFG. CO., Inc., Barracuda Tackle LLC, David Burton Young. Signed by Judge Marcia G. Cooke on 7/3/2020. See attached document for full details. (drz) [Transferred from flsd on 7/7/2020.]
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| Filing 37 FINAL MEDIATION REPORT by Travis R. Hollifield. Disposition: Case did not settle.(Hollifield, Travis) [Transferred from flsd on 7/7/2020.] |
| Filing 36 MOTION for Claim Construction by Barracuda Tackle LLC, Florida Fishing Tackle MFG. CO., Inc., David Burton Young. (Attachments: #1 Exhibit A (Definition of Semicircular), #2 Exhibit B (Definition of Hollow), #3 Exhibit C (Definition of Pin), #4 Exhibit D (Definition of Insert), #5 Exhibit E (Definition of Collapsible))(Johnson, Mark) [Transferred from flsd on 7/7/2020.] |
| Filing 35 REPLY to Response to Motion re #28 MOTION for Summary Judgment filed by Barracuda Tackle LLC, Florida Fishing Tackle MFG. CO., Inc., David Burton Young. (Attachments: #1 Exhibit A (Reply Statement of Material Facts))(Johnson, Mark) [Transferred from flsd on 7/7/2020.] |
| Filing 34 RESPONSE in Opposition re #28 MOTION for Summary Judgment Filed filed by Yunior Dominguez, Salt Addict, Inc.. Replies due by 6/2/2020. (Attachments: #1 Exhibit 1, #2 Affidavit, #3 Exhibit A, #4 Exhibit B)(Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
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Filing 33
ENDORSED ORDER granting #32 Motion for Extension of Time. Plaintiffs may file their response to Defendants' #28 Motion on or before Tuesday, May 26, 2020. Signed by Judge Marcia G. Cooke on 5/22/2020. (bai) [Transferred from flsd on 7/7/2020.]
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| Filing 32 Renewed MOTION for Extension of Time to File Response/Reply/Answer Filed by Yunior Dominguez, Salt Addict, Inc.. (Attachments: #1 Text of Proposed Order)(Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
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Filing 31
ENDORSED ORDER denying #30 Motion for Extension of Time. Setting aside the doubtful merits of Plaintiffs' request for an extension, the request is untimely. Defendants' #28 Motion for Summary Judgment was filed on May 1, 2020, and Plaintiffs' response was therefore due May 15, 2020--before the instant motion was filed. Under these circumstances, the Court may grant a request for additional time only upon a showing of "excusable neglect." Fed. R. Civ. P. 6(b)(1)(B). Plaintiffs have not even acknowledged this neglect in missing the Court's deadline, much less shown that such neglect was excusable. The motion is therefore denied. Signed by Judge Marcia G. Cooke on 5/20/2020. (bai) [Transferred from flsd on 7/7/2020.]
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| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #28 MOTION for Summary Judgment Filed by Yunior Dominguez, Salt Addict, Inc.. (Attachments: #1 Text of Proposed Order)(Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
| Filing 29 Agreed NOTICE of Mediator Selection and Hearing. Re-Scheduled from 5/19/2020 at 11:00 a.m. Selected/Added Travis Hollifield as Mediator. Mediation Hearing set for 6/17/2020 at 11:00 a.m.. (Johnson, Mark) [Transferred from flsd on 7/7/2020.] |
| Filing 28 MOTION for Summary Judgment by Barracuda Tackle LLC, Florida Fishing Tackle MFG. CO., Inc., David Burton Young. Responses due by 5/15/2020 (Attachments: #1 Exhibit Statement of Material Facts, #2 Exhibit Declaration of David Burton Young, #3 Exhibit A (Accused Product Pictures), #4 Exhibit B (Requests for Admission), #5 Exhibit C (Interrogatory Responses))(Johnson, Mark) [Transferred from flsd on 7/7/2020.] |
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Filing 27
ENDORSED ORDER Scheduling Mediation. The mediation conference in this matter shall be held with Travis Hollifield on May 19, 2020 at 11:00 a.m., at Johnson Dalal, 111 N. Pine Island Road, Suite 103, Plantation, FL 33324. This date shall not be rescheduled outside of the deadline for mediation set forth in the scheduling order without leave of Court. Failure to comply with this Order may result in sanctions. Within five days following the mediation conference, the Mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. Signed by Judge Marcia G. Cooke on 2/26/2020. (bai) [Transferred from flsd on 7/7/2020.]
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| Filing 26 NOTICE of Mediator Selection and Hearing. Selected/Added Travis Hollifield as Mediator. Mediation Hearing set for 5/19/2020 at 11:00 a.m.. (Johnson, Mark) [Transferred from flsd on 7/7/2020.] |
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Filing 25
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES. Jury Trial set for 10/13/2020 09:30 AM in Miami Division before Judge Marcia G. Cooke. Calendar Call set for 10/7/2020 03:00 PM in Miami Division before Judge Marcia G. Cooke. Mediation Deadline 6/19/2020. Signed by Judge Marcia G. Cooke on 12/17/2019. See attached document for full details. (smz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from flsd on 7/7/2020.]
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| Filing 24 Joint SCHEDULING REPORT - Rule 16.1 by Yunior Dominguez, Salt Addict, Inc. (Attachments: #1 Exhibit Attachment A)(Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re 22 Order to Show Cause, by Yunior Dominguez, Salt Addict, Inc.. (Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
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Filing 22
ENDORSED ORDER TO SHOW CAUSE. The Parties have failed to file a Joint Scheduling Report, as required by the Court's #7 Order. Accordingly, it is hereby ORDERED that no later than October 23, 2019, the Parties shall: (a) file a Joint Scheduling Report; and (b) show cause why sanctions should not be entered. Signed by Judge Marcia G. Cooke on 10/22/2019. (smz) [Transferred from flsd on 7/7/2020.]
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Filing 21
ENDORSED ORDER REFERRING #19 Motion for Sanctions. The #19 Motion is hereby referred to the Honorable Jonathan Goodman. Signed by Judge Marcia G. Cooke on 10/16/2019. (smz) [Transferred from flsd on 7/7/2020.]
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| Filing 20 REPLY to Response to Motion re #15 MOTION to Dismiss #1 Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6) filed by Barracuda Tackle LLC, Florida Fishing Tackle MFG. CO., Inc., David Burton Young. (Johnson, Mark) [Transferred from flsd on 7/7/2020.] |
| Filing 19 Defendant's MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 by Barracuda Tackle LLC, Florida Fishing Tackle MFG. CO., Inc., David Burton Young. (Attachments: #1 Exhibit A (C&D Letter), #2 Exhibit B (Cited Reference by USPTO))(Johnson, Mark) [Transferred from flsd on 7/7/2020.] |
| Filing 18 RESPONSE in Opposition re #15 MOTION to Dismiss #1 Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6), #16 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #15 MOTION to Dismiss #1 Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6) filed by Yunior Dominguez, Salt Addict, Inc.. Replies due by 10/15/2019. (Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
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Filing 17
ENDORSED ORDER Granting #16 Motion for Extension of Time. Plaintiffs shall respond to the #15 Motion to Dismiss no later than October 7, 2019. Signed by Judge Marcia G. Cooke on 10/1/2019. (smz) [Transferred from flsd on 7/7/2020.]
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| Filing 16 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #15 MOTION to Dismiss #1 Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6) by Yunior Dominguez, Salt Addict, Inc.. (Attachments: #1 Text of Proposed Order)(Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
| Filing 15 MOTION to Dismiss #1 Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6) by Barracuda Tackle LLC, Florida Fishing Tackle MFG. CO., Inc., David Burton Young. Responses due by 9/30/2019 (Johnson, Mark) [Transferred from flsd on 7/7/2020.] |
| Filing 14 NOTICE of Attorney Appearance by Abdul-Sumi Dalal on behalf of Barracuda Tackle LLC, Florida Fishing Tackle MFG. CO., Inc., David Burton Young. Attorney Abdul-Sumi Dalal added to party Barracuda Tackle LLC(pty:dft), Attorney Abdul-Sumi Dalal added to party Florida Fishing Tackle MFG. CO., Inc.(pty:dft), Attorney Abdul-Sumi Dalal added to party David Burton Young(pty:dft). (Dalal, Abdul-Sumi) [Transferred from flsd on 7/7/2020.] |
| Filing 13 NOTICE of Attorney Appearance by Mark Christopher Johnson on behalf of Barracuda Tackle LLC, Florida Fishing Tackle MFG. CO., Inc., David Burton Young. Attorney Mark Christopher Johnson added to party Barracuda Tackle LLC(pty:dft), Attorney Mark Christopher Johnson added to party Florida Fishing Tackle MFG. CO., Inc.(pty:dft), Attorney Mark Christopher Johnson added to party David Burton Young(pty:dft). (Johnson, Mark) [Transferred from flsd on 7/7/2020.] |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re #8 Order to Show Cause by Yunior Dominguez, Salt Addict, Inc.. (Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Yunior Dominguez, Salt Addict, Inc.. David Burton Young served on 4/30/2019, answer due 5/21/2019. (Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Yunior Dominguez, Salt Addict, Inc.. Florida Fishing Tackle MFG. CO., Inc. served on 4/30/2019, answer due 5/21/2019. (Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Yunior Dominguez, Salt Addict, Inc.. Barracuda Tackle LLC served on 4/30/2019, answer due 5/21/2019. (Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
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Filing 8
ORDER TO SHOW CAUSE. Show Cause Response due by 7/17/2019. Signed by Judge Marcia G. Cooke on 7/10/2019. See attached document for full details. (smz) [Transferred from flsd on 7/7/2020.]
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Filing 7
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 5/1/2019. See attached document for full details. (smz) [Transferred from flsd on 7/7/2020.]
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| Filing 6 Summons Issued as to David Burton Young. (drz) [Transferred from flsd on 7/7/2020.] |
| Filing 5 Summons Issued as to Florida Fishing Tackle MFG. CO., Inc.. (drz) [Transferred from flsd on 7/7/2020.] |
| Filing 4 Summons Issued as to Barracuda Tackle LLC. (drz) [Transferred from flsd on 7/7/2020.] |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint) (drz) [Transferred from flsd on 7/7/2020.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (drz) [Transferred from flsd on 7/7/2020.] |
| Filing 1 COMPLAINT for Patent Infringement against All Defendants. Filing fees $ 400.00 receipt number 113C-11531409, filed by Yunior Dominguez, Salt Addict, Inc. D/B/A Ballyhoop. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Summon(s) Summons Barracuda, #4 Summon(s) Summons FFTM, #5 Summon(s) Summons Young)(Marsh, Calrie) [Transferred from flsd on 7/7/2020.] |
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