MXB Battery Operations, LP v. Proper Pour, LLC et al
| MXB Battery Operations, LP and MXB Battery Operations, LP a Delaware limited partnership doing business as The Battery |
| Proper Pour, LLC, Danna Haydar and Strategic Property Partners LLC |
| Edward Page |
| 8:2021cv02894 |
| December 13, 2021 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Julie S Sneed |
| Trademark |
| 15 U.S.C. § 0044 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.
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Filing 31
ENDORSED ORDER granting #30 Motion for Extension of Time to File Response to complaint. Response due by 2/11/2022. Signed by Judge William F. Jung on 2/4/2022. (CCB)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint / Defendant Strategic Property Partners LLC's Unopposed Motion for Third Enlargement of Time to Respond to the Complaint by Strategic Property Partners LLC. (McGuire, James) Modified on 2/7/2022 (BES). |
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Filing 29
ENDORSED ORDER granting #28 unopposed Motion for Extension of Time to File Response / Reply. Signed by Judge William F. Jung on 1/25/2022. (Jung, William)
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| Filing 28 Third MOTION for Extension of Time to File Response/Reply as to #1 Complaint Unopposed by Strategic Property Partners LLC. (McGuire, James) |
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Filing 27
ENDORSED ORDER: Upon consideration of the #24 Notice filed by the mediator, Edward Page is hereby relieved of any further responsibility in this case. The parties shall complete the Case Management Report accordingly. Signed by Judge William F. Jung on 1/14/2022. (CCB)
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Filing 26
ENDORSED ORDER granting #25 Motion for Extension of Time to File Response to complaint. Response due by 1/24/2022. Signed by Judge William F. Jung on 1/13/2022. (CCB)
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| Filing 25 Second MOTION for Extension of Time to File Response/Reply as to #1 Complaint Unopposed by Strategic Property Partners LLC. (McGuire, James) |
| Filing 24 NOTICE to Court Declining Appointment as Mediator by Edward Page re #11 Order Appointing Mediator (Page, Edward) |
| Filing 23 PROOF of service by MXB Battery Operations, LP (Wytsma, Laura) |
| Filing 22 NOTICE of hearing: Preliminary Injunction hearing/Bench Trial set for 5/11/2022 at 9:00 AM in Tampa Courtroom 15 B before Judge William F. Jung in accordance with attached order. All day reserved.(CCB) |
| Filing 21 RETURN of service executed on 12/23/2021 by MXB Battery Operations, LP as to Danna Haydar. (Manno, Elizabeth) |
| Filing 20 Minute Entry. Telephonic Proceedings held before Judge William F. Jung: STATUS CONFERENCE held on 12/28/2021. Court Reporter: Tracey Aurelio (CAH) |
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Filing 19
ENDORSED ORDER: The Court appreciates counsel's attention to the case today and moving forward. The discovery may start today. Appropriate disclosures under Rule 26 should occur now. The discovery must be concluded by May 1, 2022. Complete full mediation by May 1, 2022. The Court will set a preliminary injunction hearing or bench trial in early May, 2022. Signed by Judge William F. Jung on 12/28/2021. (Jung, William)
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Filing 18
ENDORSED ORDER granting #14 Motion to Appear Pro Hac Vice. Signed by Judge William F. Jung on 12/28/2021. (Jung, William)
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Filing 17
ENDORSED ORDER granting #13 Motion to Appear Pro Hac Vice. Signed by Judge William F. Jung on 12/28/2021. (Jung, William)
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| Filing 16 RETURN of service executed on 12/21/2021 by MXB Battery Operations, LP as to Proper Pour, LLC. (BES) |
| Filing 15 CERTIFICATE of service by MXB Battery Operations, LP re #2 Certificate of Interested Persons and Corporate Disclosure Statement, #5 Summons issued, #1 Complaint served on Defendant Proper Pour, LLC. (Manno, Elizabeth) |
| Filing 14 MOTION for Alicia M. Sharon to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19064859 for $150 by MXB Battery Operations, LP. (Manno, Elizabeth) Motions referred to Magistrate Judge Julie S. Sneed. |
| Filing 13 MOTION for Laura A. Wytsma to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19064801 for $150 by MXB Battery Operations, LP. (Manno, Elizabeth) Motions referred to Magistrate Judge Julie S. Sneed. |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Strategic Property Partners LLC. Related case(s): No (McGuire, James) |
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Filing 11
ORDER appointing Edward J. Page as mediator in this action. Signed by Judge William F. Jung on 12/17/2021. (CCB)
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Filing 10
ENDORSED ORDER granting #9 Motion to extend time to respond to complaint on or before 1/14/2022. Signed by Judge William F. Jung on 12/16/2021. (CCB)
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| Filing 9 Unopposed MOTION for Extension of Time to File Response to Complaint by Strategic Property Partners LLC. (McGuire, James) |
| Filing 8 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (CAH) |
| Filing 7 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (CAH) |
| Filing 6 Trademark Report sent to Alexandria, VA. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Trademark) (BD) |
| Filing 5 SUMMONS issued as to Danna Haydar, Proper Pour, LLC, Strategic Property Partners LLC. (BD) |
| Filing 4 NOTICE of Telephonic Hearing: Status Conference set for 12/28/2021 at 9:30 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 2894 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. Plaintiff's counsel is directed to serve the summonses, complaint, and notice of this hearing on an expedited basis. (CCB) |
| Filing 3 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-2894-WFJ-JSS. (SJB) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by MXB Battery Operations, LP. (Manno, Elizabeth) |
| Filing 1 COMPLAINT for Trademark Infringement and Counterfeiting, False Designation of Origin, and Unfair Competition against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19023358) filed by MXB Battery Operations, LP. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons for Defendant Danna Haydar, #3 Proposed Summons for Defendant Proper Pour, LLC, #4 Proposed Summons for Defendant Strategic Property Partners LLC, #5 Exhibit A - Trademark Registration, #6 Exhibit B - Demand Letter)(Manno, Elizabeth) Modified on 12/14/2021 to correct docket text (BD). |
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