Fit Body Boot Camp, Inc. v. Valley et al
| Fit Body Boot Camp, Inc. |
| Steve Valley and 46 ZULU, LLC |
| 8:2022cv00183 |
| January 24, 2022 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| Contract: Franchise |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Fit Body Boot Camp, Inc. Related case(s): No (Kenny, JoyAnn) Modified on 2/3/2022 to edit text (CRK). |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Fit Body Boot Camp, Inc. (Kenny, JoyAnn) Modified on 2/3/2022 to edit text (CRK). |
| Filing 6 AMENDED COMPLAINT against All Defendants filed by Fit Body Boot Camp, Inc. (Attachments: #1 Exhibits A through E to Amended Complaint)(Kenny, JoyAnn) Modified on 2/2/2022 to edit text (CRK). |
| Filing 5 Trademark Report sent to Alexandria, VA. (Attachments: #1 Exhibit Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (BD) |
Filing 4
CIVIL CASE ORDER. Counsel and any unrepresented party shall meet and file a Case Management Report within forty days of any defendant appearing in this case. Signed by Judge Kathryn Kimball Mizelle on 1/25/2022. (SMR)
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Filing 3
ENDORSED ORDER: Upon review, the Court finds #1 the Plaintiff's Complaint constitutes an impermissible shotgun pleading, violating Federal Rules of Civil Procedure 8(a)(2) and 10(b). See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1320-23 (11th Cir. 2015). Specifically, the first count brings multiple claims under the Lanham Act and a common law unfair competition claim and thus fails to break every claim for relief out into individual counts. See id. at 1322-23. Further, each count "adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint." Id. at 1321. This type of pleading cannot give Defendant "adequate notice of the claims against [it] and the grounds upon which each claim rests." Id. at 1323. Accordingly, the Court STRIKES #1 Plaintiff's complaint. Plaintiff must file an amended complaint complying with the Federal Rules of Civil Procedure by February 2, 2022, or this action will be dismissed. Signed by Judge Kathryn Kimball Mizelle on 1/25/2022. (SMR)
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| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:22-cv-0183-KKM-AAS. (SJB) |
| Filing 1 **STRICKEN DUE TO ORDER AT DOC. 3** COMPLAINT against All Defendants (Filing fee $402 receipt number AFLMDC-19151195) filed by Fit Body Boot Camp, Inc. (Kenny, JoyAnn) (Additional attachment(s) added on 1/25/2022: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet) (BD). Modified on 1/25/2022 to correct docket text and attachments (BD). Modified on 1/26/2022 to strike Complaint (CRK). |
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