XYZ Corporation v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A
| XYZ Corporation |
| The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A, Lightronic, Klarus Direct and store.shenzhenshifeiliruikejiyouxiangongsi |
| 8:2022cv02456 |
| October 27, 2022 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| William F Jung |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Filing 46 NOTICE of voluntary dismissal by XYZ Corporation (Weaver, Arthur) |
Filing 45
ENDORSED ORDER denying without prejudice #44 Motion to Appear Pro Hac Vice. The Motion fails to comply with Local Rule 2.01(c)(5). See Local Rule 2.01(b)(1)(C)-(E). Signed by Magistrate Judge Sean P. Flynn on 12/21/2022. (CED)
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| Filing 44 MOTION for Ge (Linda) Lei to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20327540 for $150 by store.shenzhenshifeiliruikejiyouxiangongsi. (Dowers, Benjamin) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 43 NOTICE of voluntary dismissal by XYZ Corporation (Weaver, Arthur) |
| Filing 42 NOTICE of voluntary dismissal by XYZ Corporation (Weaver, Arthur) |
| Filing 41 NOTICE of voluntary dismissal by XYZ Corporation (Guerra, Richard) |
| Filing 40 NOTICE of Appearance by Benjamin W. Dowers on behalf of store.shenzhenshifeiliruikejiyouxiangongsi (Dowers, Benjamin) |
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Filing 39
ENDORSED ORDER granting #38 Motion for Extension of Time to Answer. Klarus Direct's answer or response due 12/27/2022. Signed by Judge William F. Jung on 12/12/2022. (CCB)
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| Filing 38 Unopposed MOTION for Extension of Time to File Answer or File Response by Klarus Direct. (Dowers, Benjamin) Modified text on 12/13/2022 (AG). |
| Filing 37 NOTICE of voluntary dismissal by XYZ Corporation (Weaver, Arthur) |
| Filing 36 NOTICE of voluntary dismissal by XYZ Corporation (Weaver, Arthur) |
| Filing 35 Minute Entry. Telephonic Proceedings held before Judge William F. Jung: STATUS CONFERENCE held on 12/7/2022. Court Reporter: Tracey Aurelio (CAH) |
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Filing 34
ORDER extending TRO to 12/15/2022 at close of business. Failure to file opposition by 12/14/2022 will result in entry of a preliminary injunction without further notice. Signed by Judge William F. Jung on 12/7/2022. (CCB)
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| Filing 33 NOTICE of compliance re 32 Order by XYZ Corporation (Weaver, Arthur) |
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Filing 32
ENDORSED ORDER: Mr. Heitner and Messrs. Guerra or Weaver should have a phone call before the 1 :30 pm hearing today to confer about any possible resolution of this issue. Signed by Judge William F. Jung on 12/7/2022. (Jung, William)
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| Filing 31 RESPONSE in Opposition re #21 MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order and Schedule Hearing on Motion for Preliminary Injunction , #13 SEALED MOTION Plaintiff's Ex Parte Motion for Entry of Temporary Restraining Order, RESTRAINING TRANSFER OF ASSETS, and Setting Preliminary Injunction hearing by XYZ Corporation filed by Lightronic. (Attachments: #1 Declaration, #2 Errata)(Heitner, Darren) |
| Filing 30 NOTICE of Appearance by Darren Adam Heitner on behalf of Lightronic (Heitner, Darren) |
| Filing 29 NOTICE of voluntary dismissal by XYZ Corporation (Weaver, Arthur) |
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Filing 28
ENDORSED ORDER granting #27 Motion to Unseal restricted docket entries and directing the Clerk to unseal same. Signed by Judge William F. Jung on 12/5/2022. (CCB)
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| Filing 27 MOTION for Miscellaneous Relief, specifically to Unseal by XYZ Corporation. (Weaver, Arthur) |
| Filing 26 CERTIFICATE of service by XYZ Corporation . (Weaver, Arthur) |
| Filing 25 NOTICE of voluntary dismissal by XYZ Corporation (Weaver, Arthur) |
| Filing 24 SUMMONS issued as to The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A. (SET) |
| Filing 23 NOTICE OF RESCHEDULING HEARING: The hearing previously scheduled for 11/16/2022 is rescheduled. New scheduling date and time: Telephonic Hearing set for 12/7/2022 1:30 PM 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: 2456 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB) |
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Filing 22
ENDORSED ORDER granting, for good cause shown, #21 Motion to extend the ex parte TRO through 12/7/2022 at 5:00 p.m. The telephonic hearing is rescheduled to 12/7/2022 at 1:30 p.m. Signed by Judge William F. Jung on 11/14/2022. (CCB)
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| Filing 21 MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order and Schedule Hearing on Motion for Preliminary Injunction by XYZ Corporation. (Weaver, Arthur) |
| Filing 20 PROPOSED summons to be issued by XYZ Corporation. (Attachments: #1 Proposed Summons)(Weaver, Arthur) |
| Filing 19 NOTICE of filing Bond re #18 Sealed Order, 11 Order on Motion for Leave to File Under Seal by XYZ Corporation. (AG). Modified to remove sealed restriction per order 28 on 12/6/2022 (JNB). |
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Filing 18
ORDER re #13 SEALED MOTION Plaintiff's Ex Parte Motion for Entry of Temporary Restraining Order, RESTRAINING TRANSFER OF ASSETS, and Setting Preliminary Injunction hearing by XYZ Corporation. #16 SEALED MOTION Plaintiff's Sealed Motion for Order Authorizing Alternate Service of Process on Defendants by XYZ Corporation. Signed by Judge William F. Jung on 11/2/2022. (Attachments: #1 Schedule A)(SET) Modified on 11/2/2022 (SET). Modified to remove sealed restriction per order 28 on 12/6/2022 (JNB).
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| Filing 17 Declaration of Arthur Robert Weaver in Support of Plaintiff's Ex Parte Motion by XYZ Corporation re #16 SEALED MOTION for Order Authorizing Alternate Service of Process on Defendants by XYZ Corporation (SET) Modified to remove sealed restriction per order 28 on 12/6/2022 (JNB). |
| Filing 16 Ex Parte MOTION for Order Authorizing Alternate Service of Process on Defendants by XYZ Corporation. (SET) Modified to remove sealed restriction per order 28 on 12/6/2022 (JNB). |
| Filing 15 Declaration of David Marcellino in Support of Plaintiff's Ex Parte Motion by XYZ Corporation re #13 SEALED MOTION Plaintiff's Ex Parte Motion for Entry of Temporary Restraining Order, RESTRAINING TRANSFER OF ASSETS, and Setting Preliminary Injunction hearing by XYZ Corporation (SET) Modified to remove sealed restriction per order 28 on 12/6/2022 (JNB). |
| Filing 14 Declaration of Arthur Robert Weaver in Support of Plaintiff's Ex Parte Motion by XYZ Corporation re #13 SEALED MOTION Plaintiff's Ex Parte Motion for Entry of Temporary Restraining Order, RESTRAINING TRANSFER OF ASSETS, and Setting Preliminary Injunction hearing by XYZ Corporation (SET) Modified to remove sealed restriction per order 28 on 12/6/2022 (JNB). |
| Filing 13 Ex Parte MOTION for Entry of Temporary Restraining Order, Restraining Transfer of Assets, and Setting Preliminary Injunction Hearing by XYZ Corporation. (Attachments: #1 Proposed Temporary Restraining Order)(SET) Modified to remove sealed restriction per order 28 on 12/6/2022 (JNB). |
| Filing 12 Amended Complaint by XYZ Corporation re #1 Complaint, 9 Order no pdf, (Attachments: #1 Exhibit)(SET) Modified to remove sealed restriction per order 28 on 12/6/2022 (JNB). |
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Filing 11
ENDORSED ORDER granting #4 Motion to Seal; see Doc. 9. Signed by Judge William F. Jung on 10/31/2022. (Jung, William)
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Filing 10
ENDORSED ORDER finding as moot #3 Motion to use pseudonyms. Signed by Judge William F. Jung on 10/31/2022. (Jung, William)
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Filing 9
ENDORSED ORDER concerning filing materials. The Court is uncomfortable with the uncertain and un-stated details of complaint, use of a pseudonym, etc. The Plaintiff should do the following: File an amended complaint with proper parties listed, under seal along with verified motion setting forth grounds for a temporary restraining order. Also file a draft temporary restraining order. Use proper party names. All of this should be filed under seal. The Court here instructs the Clerk to accept these matters under seal and Plaintiff may cite this Order to the Clerk for sealing. The matter will be sealed, and then considered by the Court. At the same time, copy the undersigned's chambers on courtesy hard copies of that which is filed under seal, noting on the transmittal that it is under seal. Signed by Judge William F. Jung on 10/31/2022. (Jung, William)
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| Filing 8 Trademark Report sent to Alexandria, VA. (SET) |
| Filing 7 NOTICE to counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SET) |
| Filing 6 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 5 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 4 MOTION to Seal Plaintiff's Ex Parte Motions for Temporary Restraining Order and Order Authorizing Alternative Service by XYZ Corporation. (Weaver, Arthur) |
| Filing 3 MOTION for Miscellaneous Relief, specifically for Leave to Temporarily Proceed Under a Pseudonym by XYZ Corporation. (Attachments: #1 Exhibit 1)(Weaver, Arthur) |
| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-2456-WFJ-SPF. (SJB) |
| Filing 1 COMPLAINT against The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A (Filing fee $402 receipt number AFLMDC-20137129) filed by XYZ Corporation. (Attachments: #1 Civil Cover Sheet)(Weaver, Arthur) |
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