The Beauties and The Brands, LLC v. Blush Bar Tampa LLC et al
| The Beauties and The Brands, LLC |
| BLUSH BAR TAMPA, LLC, Aicha A Yoder and Aicha Yoder |
| James M. Matulis |
| 8:2023cv00821 |
| April 14, 2023 |
| US District Court for the Middle District of Florida |
| Steven D Merryday |
| Thomas G Wilson |
| Trademark |
| 15 U.S.C. § 0044 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
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Filing 61
ORDER granting #42--motion to dismiss; denying the motion for a more definite statement; denying the motion to strike the claim for an attorney's fee; denying #43--motion to strike the affirmative defenses; denying #44--motion to strike the affirmative defenses; allowing Blush Bar Tampa, LLC, to amend the pleading no later than November 17, 2023. Signed by Judge Steven D. Merryday on 11/3/2023. (AP)
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| Filing 60 Opposed MOTION for Spoliation Sanctions, Request for Evidentiary Hearing, and Incorporated Memorandum of Law by The Beauties and The Brands, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA)(Stokes, Shaunette) Motions referred to Magistrate Judge Thomas G. Wilson. Modified on 11/3/2023 (SPM). |
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Filing 59
ORDER to strike re: #56 Motion for Extension of Time to Complete Discovery filed by Blush Bar Tampa, LLC, Aicha Yoder. Signed by Magistrate Judge Thomas G. Wilson on 10/23/2023. (KMN)
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| Filing 58 NOTICE of WITHDRAWAL of motion re #56 Motion for Extension of Time to Complete Discovery filed by Blush Bar Tampa, LLC, Aicha Yoder by Blush Bar Tampa, LLC, Aicha Yoder (Maya, Justin) |
| Filing 57 RESPONSE in Opposition re #56 MOTION for Extension of Time to Complete Discovery filed by The Beauties and The Brands, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-D, #4 Exhibit E-F, #5 Exhibit G, #6 Exhibit H)(Stokes, Shaunette) |
| Filing 56 ***STRICKEN PURSUANT TO #59 ORDER*** MOTION for Extension of Time to Complete Discovery by All Defendants. (Maya, Justin) Motions referred to Magistrate Judge Thomas G. Wilson. Modified on 10/24/2023 (LSS). |
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Filing 55
CASE MANAGEMENT AND SCHEDULING ORDER: Pre-trial conference scheduled for 12/26/2024 at 11:00 AM in Tampa Courtroom 12A before Magistrate Judge Wilson; JURY trial set for the JANUARY 2025 trial calendar in Tampa Courtroom 15A before Judge Steven D. Merryday. Signed by Judge Steven D. Merryday on 10/16/2023. (AP)
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Filing 54
ENDORSED ORDER: Joseph Coleman's motion (Doc. 51) to withdraw as counsel for the defendants is GRANTED. Coleman is WITHDRAWN as counsel. The clerk must terminate Coleman from the service list. Signed by Judge Steven D. Merryday on 10/16/2023. (AP)
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| Filing 53 CASE MANAGEMENT REPORT. (Maya, Justin) |
| Filing 52 NOTICE TO COUNSEL Joseph M Coleman of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JK) |
| Filing 51 Unopposed MOTION for Joseph M. Coleman to Withdraw as Attorney by All Defendants. (Coleman, Joseph) Modified text on 10/13/2023 (JK). |
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Filing 50
ORDER denying without prejudice #48--motion to withdraw. Signed by Judge Steven D. Merryday on 10/12/2023. (AP)
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| Filing 49 NOTICE of Appearance by Justin Steven Maya on behalf of Blush Bar Tampa, LLC, Aicha Yoder (Maya, Justin) |
| Filing 48 MOTION for Joseph M. Coleman to Withdraw as Attorney by All Defendants. (Coleman, Joseph) |
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Filing 47
ENDORSED ORDER: The parties submit (Doc. 46) a case management report and request deadlines that exceed the time typically required in a similar action. A more expeditious schedule better facilitates the just and efficient resolution of this action. No later than OCTOBER 13, 2023, the parties must submit an amended case management report. The parties are advised to prepare for a trial to occur no later than JANUARY 2025. The deadline for filing any dispositive and Daubert motion must be at least FOUR MONTHS earlier than January 2025. Signed by Judge Steven D. Merryday on 9/29/2023. (AP)
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| Filing 46 CASE MANAGEMENT REPORT. (Ligon, Shannon) |
| Filing 45 MEDIATION report Hearing held on September 8, 2023. Hearing outcome: Impasse. (Matulis, James) Modified text on 9/11/2023 (MCB). |
| Filing 44 MOTION to Strike affirmative defenses by The Beauties and The Brands, LLC. (Stokes, Shaunette) |
| Filing 43 MOTION to Strike #38 Counterclaim against Beauties and The Brands, LLC by The Beauties and The Brands, LLC. (Stokes, Shaunette) |
| Filing 42 MOTION to Dismiss re #38 Counterclaim and MOTION to Strike Attorney's Fees and Incorporated Memorandum of Law in Support filed by The Beauties and The Brands, LLC. (Stokes, Shaunette) (Modified on 8/23/2023, to edit text) (BGR). |
| Filing 41 ***COUNSEL NOTIFIED TO RE-FILE USING THE CORRECT EVENT CODE AS A MOTION***RESPONSE re #37 Answer to amended complaint Motion to Strike Defendant's Aicha Yoder's Affirmative Defenses filed by The Beauties and The Brands, LLC. (Stokes, Shaunette) Modified on 8/21/2023 (CTR). |
| Filing 40 ***COUNSEL NOTIFIED TO RE-FILE USING THE CORRECT EVENT CODE AS A MOTION***RESPONSE re #38 Counterclaim Motion to Strike Defendant's Blush Bar's Affirmative Defenses filed by The Beauties and The Brands, LLC. (Stokes, Shaunette) Modified on 8/21/2023 (CTR). |
| Filing 39 ***COUNSEL NOTIFIED TO RE-FILE USING THE CORRECT EVENT CODE AS A MOTION***MEMORANDUM in support re #38 Counterclaim motion to dismiss counterclaim filed by The Beauties and The Brands, LLC. (Stokes, Shaunette) Modified on 8/21/2023 (CTR). |
| Filing 38 First COUNTERCLAIM against The Beauties and The Brands, LLC filed by Blush Bar Tampa, LLC. (Attachments: #1 Exhibit January 27, 2021 Trademark Application, #2 Exhibit January 18, 2022 Trademark Registration)(Coleman, Joseph) |
| Filing 37 ANSWER and affirmative defenses to #32 Amended Complaint by Aicha Yoder.(Coleman, Joseph) |
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Filing 36
ENDORSED ORDER: The defendants' unopposed motion (Doc. #34) to extend the time within which to respond to the amended complaint is GRANTED. Not later than JULY 31, 2023, the defendants must respond. Signed by Judge Steven D. Merryday on 7/12/2023. (WBW)
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| Filing 35 NOTICE TO COUNSEL Shannon Alexis Ligon of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JK) |
| Filing 34 MOTION for Extension of Time to File Answer re #32 Amended Complaint by All Defendants. (Ligon, Shannon) |
| Filing 33 NOTICE of mediation conference/hearing to be held on Friday September 8, 2023 before James Matulis. (Ligon, Shannon) |
| Filing 32 AMENDED COMPLAINT against Blush Bar Tampa, LLC, Aicha Yoder with Jury Demand. filed by The Beauties and The Brands, LLC. Related document: #1 Complaint filed by The Beauties and The Brands, LLC, #2 Complaint filed by The Beauties and The Brands, LLC. (Attachments: #1 Exhibit All Exhibits)(Stokes, Shaunette) (Modified on 7/6/2023 to edit docket text) (JDR). |
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Filing 31
ORDER appointing James Matulis as mediator; designating Shannon Alexis Ligon as lead counsel; directing lead counsel to coordinate the date and time of mediation and to file a notice of mediation within seven days after this order; directing the parties to mediate by 9/15/2023. Signed by Judge Steven D. Merryday on 6/30/2023. (WBW)
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Filing 30
ORDER granting #22--motion to dismiss; granting #23--motion to dismiss; permitting the Beauties and the Brands to amend the complaint no later than July 17, 2023. Signed by Judge Steven D. Merryday on 6/29/2023. (WBW)
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| Filing 29 Disclosure Statement by Blush Bar Tampa, LLC, Aicha A Yoder. (Ligon, Shannon) Modified on 6/28/2023 to edit text(ABC). |
| Filing 28 CORPORATE Disclosure Statement by Blush Bar Tampa, LLC, Aicha A Yoder. (Ligon, Shannon) |
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Filing 27
ENDORSED ORDER: The defendants' unopposed motion (Doc. #26) to vacate the clerk's entries of default is GRANTED. The defaults (Docs. #20 and #21) are VACATED. The plaintiff must respond to the motions to dismiss no later than JUNE 27, 2023. Signed by Judge Steven D. Merryday on 6/6/2023. (WBW)
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| Filing 26 Unopposed MOTION to Set Aside Clerk Default by Blush Bar Tampa, LLC, Aicha A Yoder. (Coleman, Joseph) |
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Filing 25
ENDORSED ORDER: The defendants' motion (Doc. #24) to vacate the clerk's defaults violates Local Rule 3.01(g). The motion (Doc. #24) is DENIED WITHOUT PREJUDICE. Counsel must comply with the Local Rules. Signed by Judge Steven D. Merryday on 5/26/2023. (WBW)
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| Filing 24 MOTION to Set Aside Clerk Default by All Defendants. (Coleman, Joseph) |
| Filing 23 MOTION to Dismiss for Failure to State a Claim , MOTION for More Definite Statement by Blush Bar Tampa, LLC. (Coleman, Joseph) |
| Filing 22 MOTION for More Definite Statement , MOTION to Dismiss for Failure to State a Claim by Aicha A Yoder. (Coleman, Joseph) |
| Filing 21 ***VACATED PURSUANT TO ORDER27***Clerk's ENTRY OF DEFAULT as to Aicha A Yoder (CTR) Modified on 6/6/2023 (CTR). |
| Filing 20 ***VACATED PURSUANT TO ORDER27***Clerk's ENTRY OF DEFAULT as to Blush Bar Tampa, LLC (CTR) Modified on 6/6/2023 (CTR). |
| Filing 19 First MOTION for Clerk's Default against Blush Bar Tampa, LLC, Aicha A Yoder by The Beauties and The Brands, LLC. (Stokes, Shaunette) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 18 SUPPLEMENT Rule 7.1 and Local Rule 3.03 Disclosure Statement by The Beauties and The Brands, LLC. (Stokes, Shaunette) Modified on 5/25/2023 (CTR). |
| Filing 17 CORPORATE Disclosure Statement by The Beauties and The Brands, LLC identifying Corporate Parent The Beauties and The Brands, LLC, Other Affiliate Terika Haynes for The Beauties and The Brands, LLC.. (Stokes, Shaunette) |
| Filing 16 NOTICE of Appearance by Joseph M Coleman on behalf of Blush Bar Tampa, LLC, Aicha A Yoder (Coleman, Joseph) |
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Filing 15
ORDER granting #14--motion for extension of time; denying as moot #13--motion for extension of time. Signed by Judge Steven D. Merryday on 5/11/2023. (WBW)
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| Filing 14 Amended MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Extension of Time to File Time to Respond to Plaintiff's Complaint by All Defendants. (Ligon, Shannon) Modified on 5/11/2023 (CTR). |
| Filing 13 MOTION for Extension of Time to File Time to Respond to Plaintiff's Complaint by All Defendants. (Ligon, Shannon) Modified on 5/11/2023 (CTR). |
| Filing 12 ***TERMINATED-COUNSEL TO APPEAR SHALL FILE OWN NOTICE-COUNSEL ON SIGNATURE LINE DOES NOT MATCH COUNSEL OF ENTRY-COUNSEL NOTIFIED TO RE-FILE***NOTICE of Appearance as Co-Counsel Joseph M. Coleman Appearance by Shannon Alexis Ligon on behalf of Blush Bar Tampa, LLC, Aicha A Yoder (Ligon, Shannon) Modified on 5/10/2023 (CTR). |
| Filing 11 NOTICE of Appearance and Designation of Email Appearance by Shannon Alexis Ligon on behalf of Blush Bar Tampa, LLC (Ligon, Shannon) |
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Filing 10
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 4/20/2023. (ABC)
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| Filing 9 SUMMONS RETURNED EXECUTED/PROOF of service by The Beauties and The Brands, LLC (Stokes, Shaunette) Modified on 4/20/2023 (CTR). |
| Filing 8 SUMMONS RETURNED EXECUTED/PROOF of service by The Beauties and The Brands, LLC (Stokes, Shaunette) Modified on 4/20/2023 (CTR). |
| Filing 7 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint, #2 Exhibit) (CTR) |
| Filing 6 SUMMONS issued as to Blush Bar Tampa, LLC, Aicha A Yoder. (CTR) |
| Filing 5 NEW CASE ASSIGNED to Judge Steven D. Merryday and Magistrate Judge Thomas G. Wilson. New case number: 8:23-cv-821-SDM-TGW. (AM) |
| Filing 4 PROPOSED summons to be issued by The Beauties and The Brands, LLC. (Stokes, Shaunette) |
| Filing 3 PROPOSED summons to be issued by The Beauties and The Brands, LLC. (Stokes, Shaunette) |
| Filing 2 COMPLAINT against Blush Bar Tampa, LLC, Aicha A Yoder with Jury Demand filed by The Beauties and The Brands, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibits)(Stokes, Shaunette) Modified on 4/17/2023 (CTR). |
| Filing 1 COMPLAINT for Trademark Infringement against BLUSH BAR TAMPA, LLC, Aicha A Yoder with Jury Demand (Filing fee $402 receipt number AFLMDC-20728471) filed by The Beauties and The Brands, LLC.(Stokes, Shaunette) |
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