Fit Body Boot Camp, Inc. v. Metzger et al
Plaintiff: FIT BODY BOOT CAMP, INC.
Defendant: JOEL METZGER and STEPHANIE BIERNAT
Case Number: 8:2023cv01912
Filed: August 24, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Thomas P Barber
Referring Judge: Julie S Sneed
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1051 Trademark Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2023 Filing 18 Clerk's ENTRY OF DEFAULT as to Joel Metzger. (SET)
October 6, 2023 Filing 17 Clerk's ENTRY OF DEFAULT as to Stephanie Biernat. (SET)
October 4, 2023 Filing 16 MOTION for Clerk's Default against Stephanie Biernat, Joel Metzger by Fit Body Boot Camp, Inc. (Attachments: #1 Exhibit Declaration of Shannon Kain in Support of Plaintiff's Motion for Entry of Clerk's Default)(Kain, Shannon) Motions referred to Magistrate Judge Julie S. Sneed. Modified text and Event Type on 10/6/2023 (SET).
September 1, 2023 Filing 15 RETURN of service executed on 8/31/23 by Fit Body Boot Camp, Inc. as to Stephanie Biernat. (Kain, Shannon)
September 1, 2023 Filing 14 RETURN of service executed on 8/31/23 by Fit Body Boot Camp, Inc. as to Joel Metzger. (Kain, Shannon)
August 29, 2023 Filing 13 NOTICE of Lead Counsel Designation by Shannon F Kain on behalf of Fit Body Boot Camp, Inc. Lead Counsel: JoyAnn Kenny. (Kain, Shannon) Modified text on 8/29/2023 (GL).
August 29, 2023 Filing 12 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). (SRC)
August 29, 2023 Filing 11 NOTICE TO COUNSEL of Local Rule 3.02(a)(2), which 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. (Signed by Deputy Clerk). (SRC)
August 28, 2023 Opinion or Order Filing 10 ORDER granting #9 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on August 28, 2023. (DD)
August 25, 2023 Filing 9 MOTION for Christopher Bret Alexander to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21190645 for $150 by Fit Body Boot Camp, Inc. (Kain, Shannon) Motions referred to Magistrate Judge Julie S. Sneed. Modified text on 8/28/2023 (GL).
August 25, 2023 Filing 8 CORPORATE Disclosure Statement by Fit Body Boot Camp, Inc. (Kain, Shannon) Modified text on 8/28/2023 (GL).
August 25, 2023 Filing 7 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint and Exhibits) (AJS)
August 25, 2023 Filing 6 SUMMONS issued as to Stephanie Biernat, Joel Metzger. (AJS)
August 25, 2023 Filing 5 NOTICE TO COUNSEL Christopher B. Alexander, JoyAnn Kenny and Shannon F Kain of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS)
August 25, 2023 Filing 4 NOTICE TO COUNSEL Shannon F Kain 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). (AJS)
August 25, 2023 Filing 2 NOTICE TO COUNSEL Christopher B. Alexander Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (ABC)
August 24, 2023 Filing 3 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Julie S. Sneed. New case number: 8:23-cv-1912-TPB-JSS. (ABC)
August 24, 2023 Filing 1 COMPLAINT against Joel Metzger, Stephanie Biernat (Filing fee $402 receipt number AFLMDC-21184501) filed by Fit Body Boot Camp, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Ex. A - Franchise Agreement, #3 Exhibit Ex. B - First Notice of Default, #4 Exhibit Ex. C - Notice of Termination and Notice of Trademark Infringement, #5 Exhibit Ex. D - Complaint, #6 Exhibit Ex. E - Second Notice of Default, #7 Exhibit Ex. F - Notice of Termination of Settlement Agreement, #8 Proposed Summons - J. Metzger, #9 Proposed Summons - S. Biernat)(Kain, Shannon) Modified on 8/25/2023 to edit text (ABC). Modified on 8/25/2023 to edit docket text (AJS).

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Plaintiff: FIT BODY BOOT CAMP, INC.
Represented By: Shannon F Kain
Represented By: JoyAnn Kenny
Represented By: Christopher Bret Alexander
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Defendant: JOEL METZGER
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Defendant: STEPHANIE BIERNAT
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