Spin-balls, LLC v. Five Below, Inc. et al
| Spin-balls, LLC |
| Five Below, Inc., 1616 Holdings, Inc., JM Manufacturing (HK) Ltd. and RMS International (USA) Inc. |
| 8:2023cv02743 |
| November 30, 2023 |
| US District Court for the Middle District of Florida |
| Anthony E Porcelli |
| Mary S Scriven |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 71
ORDER scheduling mediation conference: Zoom Mediation Conference set for 2/15/2024 at 10:00 AM before Magistrate Judge Sean P. Flynn. A Zoom invite will follow. Signed by Magistrate Judge Sean P. Flynn on 1/25/2024. (ACS)
|
|
Filing 70
ENDORSED ORDER GRANTING #63 the Parties' Joint Motion for Settlement Conference. This matter is referred, with His Honor's consent, for a settlement conference before United States Magistrate Judge Sean P. Flynn at a time to be determined by Judge Flynn. Judge Flynn will set the date, time, and protocol for the settlement conference by separate notice. If the Parties reach a settlement, prompt notice shall be provided in accord with Local Rule 3.09. Signed by Judge Mary S. Scriven on 1/25/2024. (KBC)
|
| Filing 69 CORPORATE Disclosure Statement by RMS International (USA) Inc. identifying Corporate Parent RMS International Uk Ltd. for RMS International (USA) Inc. (Silver, Daniel) |
| Filing 68 CORPORATE Disclosure Statement by 1616 Holdings, Inc. (Gibbs, John) |
| Filing 67 CORPORATE Disclosure Statement by Five Below, Inc. (Gibbs, John) |
|
Filing 66
ORDER granting #62 Motion for Protective Order. The proposed method by which the parties agree to handle the production and exchange of confidential documents and information as set out in the Stipulated Protective Order (Doc. 62) is APPROVED. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 1/24/2024. (SEC)
|
|
Filing 65
ENDORSED ORDER granting #59 Motion to Appear Pro Hac Vice. Attorney Joshua C. Krumholz may appear pro hac vice on behalf of Defendant RMS International (USA), Inc. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 1/24/2024. (SEC)
|
| Filing 64 NOTICE of Lead Counsel Designation by Joseph R. Sozzani on behalf of Spin-balls, LLC. Lead Counsel: Joseph R. Sozzani. (Sozzani, Joseph) |
| Filing 63 Joint MOTION for Settlement Conference as to defendant RMS International (USA) Inc. by Spin-balls, LLC. (Sozzani, Joseph) Modified on 1/24/2024 to edit docket text (EAM). |
| Filing 62 Joint MOTION for Protective Order by Spin-balls, LLC. (Sozzani, Joseph) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 61 CASE MANAGEMENT REPORT. (Sozzani, Joseph) |
|
Filing 60
ENDORSED ORDER DENYING AS MOOT #23 Plaintiff Spin-Balls, LLC's Motion for Clarification of the Court's Temporary Restraining Order and DENYING AS MOOT #24 Motion of Defendants Five Below, Inc. and 1616 Holdings, Inc. for Protective Order and Request for Hearing. Signed by Judge Mary S. Scriven on 1/23/2024. (KBC)
|
| Filing 59 Unopposed MOTION for Joshua C. Krumholz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21687668 for $150 by RMS International (USA) Inc. (Silver, Daniel) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified on 1/24/2024 to edit docket text (EAM). |
| Filing 58 NOTICE of Lead Counsel Designation by Daniel A. Silver on behalf of RMS International (USA) Inc. Lead Counsel: Joshua C. Krumholz. (Silver, Daniel) Modified on 1/24/2024 to edit docket text (EAM). |
| Filing 57 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by RMS International (USA) Inc.(Silver, Daniel) Modified on 1/24/2024 to edit docket text (EAM). |
| Filing 56 CORPORATE Disclosure Statement by JM Manufacturing (HK) Ltd.. (Ward, Trevor) |
|
Filing 55
ORDER GRANTING #54 Plaintiff, Spin-balls LLC d/b/a Fun in Motion Toys ("FIMT"), and Defendant, JM Manufacturing (HK) Ltd. ("JM") Joint Motion for Entry of Stipulation of Preliminary Injunction. See order for details. Signed by Judge Mary S. Scriven on 1/22/2024. (KBC)
|
| Filing 54 Joint MOTION for Preliminary Injunction by Spin-balls, LLC. (Sozzani, Joseph) |
|
Filing 53
ENDORSED ORDER GRANTING #52 the Parties' Joint Motion for Extension of Time to Submit Case Management Report. The Parties shall have up to and including January 23, 2024, to submit a Joint Case Management Report. Signed by Judge Mary S. Scriven on 1/18/2024. (KBC)
|
| Filing 52 Joint MOTION for Extension of Time to File Case Management Report by 1616 Holdings, Inc., Five Below, Inc. (Gibbs, John) Modified text on 1/18/2024 (GL). |
|
Filing 51
ORDER GRANTING as STATED HEREIN #47 Defendant JM Manufacturing (HK) LTD.'s Motion for Clarification of the Court's Order, (Dkt. 15), and Extension of Time to Respond to Expedited Discovery or Otherwise Respond to Complaint. See Order for Details. Signed by Judge Mary S. Scriven on 1/12/2024. (EOJ)
|
| Filing 50 RESPONSE in Opposition re #47 Time Sensitive MOTION for Miscellaneous Relief, specifically Extension of time and clarification of order filed by Spin-balls, LLC. (Sozzani, Joseph) |
| Filing 49 NOTICE of compliance re #41 Order on Motion for Preliminary Injunction, Order on Motion for Temporary Restraining Order, Order on Motion for Extension of Time to Answer, Order on Motion to Compel by 1616 Holdings, Inc., Five Below, Inc. (Attachments: #1 Exhibit A - Declaration of Shaton Menzie, #2 Exhibit B - Declaration of Stephen Gerlach)(Gibbs, John) |
| Filing 48 NOTICE of Lead Counsel Designation by Ava K. Doppelt on behalf of JM Manufacturing (HK) Ltd. Lead Counsel: Ava K. Doppelt. (Doppelt, Ava) |
| Filing 47 Time Sensitive MOTION for Miscellaneous Relief, specifically Extension of time and clarification of order by JM Manufacturing (HK) Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ward, Trevor) |
|
Filing 46
ORDER GRANTING #45 Plaintiff's Time-Sensitive Motion for Clarification and to Amend the Court's Order. For the reasons stated in the Order granting Plaintiff, Spin-balls, LLC's d/b/a Fun In Motion Toys ("FIMT") ex parte Motion for a Temporary Restraining Order and Expedited Discovery (the "Motion"), (Dkt. 15), and as a result of the hearing held on Plaintiff's ex parte Motion for a Temporary Restraining Order and Expedited Discovery on December 4, 2023, the Court hereby REINSTATES the Temporary Restraining Order against Defendant JM MANUFACTURING (HK) LTD, whom Plaintiff FIMIT has demonstrated service has been perfected upon. (Dkt. 44) This Temporary Restraining Order with notice is entered at 5:00 P.M. Eastern Time on this 8th day of January 2024 and shall remain in effect until January 22nd, 2024, unless earlier terminated or extended by order of this Court. See Order for details. Signed by Judge Mary S. Scriven on 1/8/2024. (KBC)
|
| Filing 45 Time Sensitive MOTION for Clarification re #41 Order on Motion for Preliminary Injunction, Order on Motion for Temporary Restraining Order, Order on Motion for Extension of Time to Answer, Order on Motion to Compel #37 Unopposed MOTION for Temporary Restraining Order Unopposed Motion to Extend Temporary Restraining Order by Spin-balls, LLC. (Sozzani, Joseph) |
| Filing 44 PROOF of service by Spin-balls, LLC (Sozzani, Joseph) |
|
Filing 43
ENDORSED ORDER granting #28 Motion to Appear Pro Hac Vice. Attorney Sean P. McConnell may appear pro hac vice on behalf of Defendants Five Below, Inc. and 1616 Holdings, Inc. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 1/3/2024. (SEC)
|
|
Filing 42
ENDORSED ORDER granting #27 Motion to Appear Pro Hac Vice. Attorney Paul J. Kennedy may appear pro hac vice on behalf of Defendants Five Below, Inc. and 1616 Holdings, Inc. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 1/3/2024. (SEC)
|
|
Filing 41
ORDER GRANTING IN PART and DENYING IN PART #36 Motion of Five Below, Inc., and 1616 Holdings, Inc. for Entry of Preliminary Injunction, for Partial Conversion and Dissolution of the Temporary Restraining Order, and for Extension of Time to Answer or Otherwise Respond to Complaint. Defendants' Motion for Entry of Preliminary Injunction is GRANTED on Defendants' stipulation. Paragraph 1 of the Temporary Restraining Order is hereby converted to a preliminary injunction against the Defendants. Defendants' Motion is GRANTED IN PART, as set forth herein, as to their request for partial conversion and dissolution of the discovery aspects of the temporary restraining order. As stated in paragraph 3, Defendants shall provide the documents set forth in the Order by January 17, 2024. As stated in paragraph 5, Defendants shall also provide a certification to this Court by January 10, 2024, that they are preserving and not purging or deleting any documents related to the documents set forth in the Order and that they are no longer offering for sale, selling, and importing the Magic Cube. Defendants' shall have up to and including February 5, 2024, to file an answer or otherwise respond to the Complaint. This Preliminary Injunction is entered at 3:15 P.M. Eastern Time on this third day of January 2024 and shall remain in effect until this Court enters a final disposition in this case. ORDER DENYING AS MOOT #37 Motion to Extend Temporary Restraining Order and DENYING AS MOOT #39 Plaintiff Spin-Ball LLC's Expedited Motion to Compel. See Order for specific details. Signed by Judge Mary S. Scriven on 1/3/2024. (KBC)
|
| Filing 40 NOTICE of compliance of Kyle E. Yarberry with L.R. 2.01(c) by Spin-balls, LLC (Yarberry, Kyle) |
| Filing 39 MOTION to Compel Discovery Responses of Defendants Five Below, Inc. and 1616 Holdings, Inc., by Spin-balls, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sozzani, Joseph) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 38 RESPONSE in Opposition re #36 MOTION for Preliminary Injunction and Partial Conversion and Dissolution of Temporary Restraining Order, and for Extension of Time to Answer or Otherwise Respond to Complaint MOTION for Extension of Time to File Answer filed by Spin-balls, LLC. (Attachments: #1 Affidavit Declaration of Kevin Schlapick, #2 Affidavit Declaration of Joseph R Sozzani, #3 Affidavit Declaration of Kyle E Yarberry, #4 Text of Proposed Order Exhibit A - Proposed Preliminary Injunction, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U, #25 Exhibit V, #26 Exhibit W)(Sozzani, Joseph) |
| Filing 37 Unopposed MOTION for Temporary Restraining Order to Extend by Spin-balls, LLC. (Attachments: #1 Text of Unopposed Proposed Order Extending Temporary Restraining Order)(Sozzani, Joseph) Modified text on 1/2/2024 (GL). |
| Filing 36 MOTION for Preliminary Injunction and Partial Conversion and Dissolution of Temporary Restraining Order, and MOTION for Extension of Time to File Answer or Otherwise Respond to #1 Complaint by 1616 Holdings, Inc., Five Below, Inc. (Attachments: #1 Exhibit A - Proposed Preliminary Injunction Order)(Gibbs, John). Modified text, added docket entry relationship and added event on 1/2/2024 (GL). |
| Filing 35 RETURN of service executed on December 12, 2023 by Spin-balls, LLC as to RMS International (USA) Inc.. (Sozzani, Joseph) |
| Filing 34 RETURN of service executed on December 12, 2023 by Spin-balls, LLC as to 1616 Holdings, Inc.. (Sozzani, Joseph) |
| Filing 33 RETURN of service executed on December 11, 2023 by Spin-balls, LLC as to Five Below, Inc.. (Sozzani, Joseph) |
| Filing 32 CERTIFICATE of interested persons and corporate disclosure statement Pursuant to Local Rule 3.03 by Spin-balls, LLC. (Sozzani, Joseph) |
| Filing 31 NOTICE canceling Motion hearing scheduled for 12/21/2023. Based upon the joint telephonic request, the hearing will be rescheduled if necessary. (LV) |
| Filing 30 RESPONSE in Opposition re #24 MOTION for Protective Order and Request for Hearing filed by Spin-balls, LLC. (Attachments: #1 Exhibit A)(Sozzani, Joseph) Modified text on 12/21/2023 (MCB). |
| Filing 29 RESPONSE in Opposition re #23 MOTION for Clarification re #2 Verified MOTION for Temporary Restraining Order and Expedited Discovery filed by 1616 Holdings, Inc., Five Below, Inc. (Gibbs, John) Modified text on 12/21/2023 (MCB). |
| Filing 28 Unopposed MOTION for Sean P. McConnell to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21580658 for $150 by 1616 Holdings, Inc., Five Below, Inc. (Gibbs, John) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified text on 12/20/2023 (MCB). |
| Filing 27 Unopposed MOTION for Paul J. Kennedy to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21580522 for $150 by 1616 Holdings, Inc., Five Below, Inc. (Gibbs, John) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified text on 12/20/2023 (MCB). |
| Filing 26 NOTICE of hearing on motion re #23 MOTION for Clarification re #2 Verified MOTION for Temporary Restraining Order and Expedited Discovery , #24 MOTION for Protective Order and Request for Hearing. Motion Hearing set for 12/21/2023 at 12:30 PM VIA ZOOM before Magistrate Judge Anthony E. Porcelli. Zoom information to be sent via email to counsel of record.(LV) |
|
Filing 25
ORDER REFERRING MOTION: #23 MOTION for Clarification re #2 Verified MOTION for Temporary Restraining Order and Expedited Discovery filed by Spin-balls, LLC. Signed by Judge Mary S. Scriven on 12/19/2023. (KBC) Motions referred to Magistrate Judge Anthony E. Porcelli.
|
| Filing 24 MOTION for Protective Order and Request for Hearing by 1616 Holdings, Inc., Five Below, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Gibbs, John) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 23 MOTION for Clarification re #2 Verified MOTION for Temporary Restraining Order and Expedited Discovery by Spin-balls, LLC. (Attachments: #1 Exhibit Proposed Clarified Temporary Restraining Order)(Sozzani, Joseph) |
| Filing 22 NOTICE of Appearance by John Sikes Gibbs, III on behalf of 1616 Holdings, Inc., Five Below, Inc. (Gibbs, John) |
|
Filing 21
ENDORSED ORDER denying as moot #17 Motion to Appear Pro Hac Vice. The Motion at Doc. 17 is denied as moot as the attached document was incorrectly filed. The corrected Motion was subsequently refiled at Doc. 18. Signed by Magistrate Judge Anthony E. Porcelli on 12/12/2023. (SC)
|
|
Filing 20
ENDORSED ORDER granting #18 Motion to Correct. The corrected Motion to appear pro hac vice (Doc. 18) is granted. Attorney Kyle E. Yarberry may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 12/12/2023. (SC)
|
| Filing 19 CLERK ENTERED IN ERROR. NEF regenerated. (BD). |
| Filing 18 MOTION to Correct #17 MOTION for Kyle E. Yarberry to appear pro hac vice by Spin-balls, LLC. (Sozzani, Joseph) |
| Filing 17 ***Cousel refiled to correct at docket entry #18*** MOTION for Kyle E. Yarberry to appear pro hac vice by Spin-balls, LLC. (Sozzani, Joseph) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified text on 12/11/2023 (MCB). |
| Filing 16 NOTICE of Filing of Surety Bond by Spin-balls, LLC (Attachments: #1 Exhibit A)(Sozzani, Joseph) Modified on 12/8/2023 to edit docket text (JDR). |
|
Filing 15
ORDER GRANTING #2 Plaintiff's Motion for Temporary Restraining Order. Signed by Judge Mary S. Scriven on 12/5/2023. Signed by Judge Mary S. Scriven on 12/5/2023. (KBC)
|
| Filing 14 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). (BCH) |
| Filing 13 SUPPLEMENT re #2 Verified MOTION for Temporary Restraining Order and Expedited Discovery Amended Temporary Restraining Order by Spin-balls, LLC. (Sozzani, Joseph) |
| Filing 12 Minute Entry. Virtual and Telephonic Proceedings held before Judge Mary S. Scriven: MOTION HEARING held on 12/4/2023 re #2 Verified MOTION for Temporary Restraining Order and Expedited Discovery filed by Spin-balls, LLC. Court Reporter: David Collier (BGS) |
|
Filing 11
ENDORSED ORDER granting #10 Motion for Temporary Admission. Pursuant to Local Rule 2.01(d), Counsel must move for special admission within seven days after moving for temporary admission. Signed by Magistrate Judge Anthony E. Porcelli on 12/4/2023. (SC)
|
| Filing 10 MOTION for Kyle E. Yarberry to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21521131 for $150 by Spin-balls, LLC. (Sozzani, Joseph) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 9 SECOND SUPPLEMENTAL re #2 Verified MOTION for Temporary Restraining Order and Expedited Discovery by Spin-balls, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sozzani, Joseph) Modified text on 12/4/2023 (KME). |
| Filing 8 NOTICE of hearing: Motion for Temporary Restraining Order and Expedited Discovery Hearing set for 12/4/2023 at 02:00 PM in person or via Zoom Video Conference before Judge Mary S. Scriven. A Zoom invite will be issued via e-mail. (KBC) |
| Filing 7 SUPPLEMENT re #2 Verified MOTION for Temporary Restraining Order and Expedited Discovery by Spin-balls, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sozzani, Joseph) Modified text on 12/4/2023 (KME). |
| Filing 6 SUMMONS issued as to 1616 Holdings, Inc., Five Below, Inc., JM Manufacturing (HK) Ltd., RMS International (USA) Inc. (CTR) |
| Filing 4 Patent Report electronically sent to the U.S. Patent and Trademark Office. (Attachments: #1 Complaint, #2 Exhibts) (CTR) |
| Filing 3 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Anthony E. Porcelli. New case number: 8:23-cv-2743-MSS-AEP. (RLK) |
| Filing 2 Verified MOTION for Temporary Restraining Order and Expedited Discovery by Spin-balls, LLC. (Attachments: #1 Text of Proposed Order Proposed Temporary Restraining Order, #2 Main Document Memorandum of Law in Support of Motion for Temporary Restraining Order and Expedited Discovery, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Affidavit Declaration of Kevin Schlapik)(Sozzani, Joseph) Modified on 12/1/2023 (LD). |
| Filing 1 COMPLAINT for Patent, Trademark, Trade Dress and Unfair Competition against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-21516187) filed by Spin-balls, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Proposed Summons for Five Below Inc., #28 Proposed Summons for 1616 Holdings Inc, #29 Proposed Summons for JM Manufacturing (HK) Ltd., #30 Proposed Summons for RMS International (USA) Inc)(Sozzani, Joseph) Modified on 12/1/2023 (CTR). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
