EOS Fitness OPCO Holdings LLC v. Divine Iron Holdings LLC
| EOS Fitness OPCO Holdings LLC |
| Divine Iron Holdings LLC doing business as Divine Iron Gym |
| Jim Matulis |
| 8:2025cv00930 |
| April 14, 2025 |
| U.S. District Court for the Middle District of Florida |
| Amanda Arnold Sansone |
| Mary S Scriven |
| Trademark |
| 15 U.S.C. § 0044 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on September 10, 2025. A more recent docket listing may be available from PACER.
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| Filing 32 MEMORANDUM in opposition re #30 Motion to Dismiss filed by EOS Fitness OPCO Holdings LLC. (Attachments: #1 Declaration, #2 Exhibit 1)(Vasyuk, Natalya) |
| Filing 31 NOTICE OF SELECTION of Jim Matulis as mediator by EOS Fitness OPCO Holdings LLC.(Ellrod, Anthony) |
| Filing 30 MOTION to Dismiss Complaint by All Defendants. (Attachments: #1 Exhibit A)(Pollack, Woodrow) |
Filing 29
CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 9/14/2026. Jury Trial set for the NOVEMBER 2026 TRIAL TERM, which commences 11/2/2026, with a more precise trial date to follow. Conduct mediation hearing by 1/16/2026. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 8/8/2025. (CRB)
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| Jim Matulis added as Mediator.(CRB) |
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Filing 28
ENDORSED ORDER GRANTING #27 Defendant's Motion for Extension of Time to Respond to Complaint. Defendant shall have up to and including August 20, 2025, to file an answer or otherwise respond to the complaint. Signed by Judge Mary S. Scriven on 7/25/2025. (DEJ)
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| Filing 27 Motion for Extension of Time to File Answer / Respond as to #1 Complaint by All Defendants. (Pollack, Woodrow) Modified docket entry on 7/25/2025 (JG). |
| Filing 26 RETURN of Service executed on 04/23/2025 for Divine Iron Holdings LLC by EOS Fitness OPCO Holdings LLC (Attachments: #1 Exhibit A)(Vasyuk, Natalya) Modified on 7/17/2025 to edit the docket text (MLB). |
| Filing 25 NOTICE of compliance re #23 Order on Motion for Preliminary Injunction by Divine Iron Holdings LLC (Pollack, Woodrow) |
| Filing 24 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by EOS Fitness OPCO Holdings LLC identifying Corporate Parent EOS Fitness Intermediate Holdings, LLC for EOS Fitness OPCO Holdings LLC. (Vasyuk, Natalya) Modified on 7/7/2025 as to docket text (LJC). |
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Filing 23
ORDER GRANTING #13 Plaintiff's Motion for Preliminary Injunction as stated herein. See Order for details. Signed by Judge Mary S. Scriven on 7/1/2025. (DEJ)
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| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement by Divine Iron Holdings LLC. (Pollack, Woodrow) |
| Filing 21 CASE MANAGEMENT REPORT. (Vasyuk, Natalya) |
| Filing 20 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction filed by EOS Fitness OPCO Holdings LLC. (Attachments: #1 Declaration, #2 Exhibit A)(Vasyuk, Natalya) |
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Filing 19
ENDORSED ORDER DIRECTING Plaintiff reply to #18 Defendant's Opposition to Plaintiff's Motion for a Preliminary Injunction. Plaintiff shall have up to and including fourteen (14) days from the date of this Order to file a reply, not to exceed ten (10) pages. Signed by Judge Mary S. Scriven on 5/29/2025. (DEJ)
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| Filing 18 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction filed by Divine Iron Holdings LLC. (Attachments: #1 Exhibit A Declaration of Luis Valero, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit B May 22, 2025 Letter)(Pollack, Woodrow) |
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Filing 17
ENDORSED ORDER GRANTING #16 Defendant's Unopposed Motion for Extension of Time. Defendant shall have up to and including May 27, 2025, to respond to Plaintiff's Motion for Preliminary Injunction. Signed by Judge Mary S. Scriven on 5/13/2025. (DEJ)
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Preliminary Injunction by All Defendants. (Pollack, Woodrow) |
| Filing 15 NOTICE of Appearance by Brian Joshua Paul on behalf of Divine Iron Holdings LLC (Paul, Brian) |
| Filing 14 NOTICE of Appearance by Woodrow Heath Pollack on behalf of Divine Iron Holdings LLC (Pollack, Woodrow) |
| Filing 13 MOTION for Preliminary Injunction by EOS Fitness OPCO Holdings LLC. (Attachments: #1 Main Document Memorandum of Points and Authorities in Support of Plaintiff's Motion for Preliminary Injunction, #2 Affidavit Declaration of Maggie Stevens in Support of Plaintiff's Motion for Preliminary Injunction, #3 Affidavit Declaration of Shilpi Sullivan in Support of Plaintiff's Motion for Preliminary Injunction, #4 Exhibit A1 to Declaration of Shilpi Sullivan, #5 Exhibit A2 to Declaration of Shilpi Sullivan, #6 Exhibit B to Declaration of Shilpi Sullivan, #7 Exhibit C to Declaration of Shilpi Sullivan, #8 Exhibit D to Declaration of Shilpi Sullivan, #9 Exhibit E to Declaration of Shilpi Sullivan, #10 Exhibit F to Declaration of Shilpi Sullivan, #11 Text of Proposed Order Proposed Order Granting Plaintiff's Motion for Preliminary Injunction)(Ellrod, Anthony) |
| Filing 12 SUMMONS issued as to Divine Iron Holdings LLC. (ELA) |
| Filing 11 PROPOSED summons to be issued by EOS Fitness OPCO Holdings LLC. (Shipley, C.) |
| Filing 10 PROPOSED summons to be issued by EOS Fitness OPCO Holdings LLC. (Shipley, C.) Modified on 4/18/2025: clerk unable to issue summons, counsel notified. (ELA). |
| Filing 9 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) |
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Filing 8
ENDORSED ORDER granting #6 Motion to Appear Pro Hac Vice. Attorney Natalya Vasyuk may appear pro hac vice, subject to the requirement that counsel submit their Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 4/16/2025. (CES)
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Filing 7
ENDORSED ORDER granting #5 Motion to Appear Pro Hac Vice. Attorney Anthony J. Ellrod may appear pro hac vice, subject to the requirement that counsel submit their Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 4/16/2025. (CES)
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| Filing 6 Unopposed MOTION for Natalya Vasyuk to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23254394 for $150 by EOS Fitness OPCO Holdings LLC. (Shipley, C.) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 5 Unopposed MOTION for Anthony J Ellrod to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23254317 for $150 by EOS Fitness OPCO Holdings LLC. (Shipley, C.) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 4 Trademark Report electronically sent to the U.S. Copyright Office. (Attachments: #1 Complaint) (JVC) Modified on 4/18/2025 to edit text. (JVC) |
| Filing 3 NOTICE TO COUNSEL Anthony J. Ellrod and Natalya Vasyuk of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (JVC) |
| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Amanda Arnold Sansone. New case number: 8:25-cv-930-MSS-AAS. (RPB) |
| Filing 1 COMPLAINT against EOS Fitness OPCO Holdings LLC (Filing fee $405 receipt number AFLMDC-23247678) filed by EOS Fitness OPCO Holdings LLC. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B, #4 Exhibit C, #5 Civil Cover Sheet, #6 Proposed Summons)(Shipley, C.) (Attachment 2 replaced on 4/16/2025) (JVC). Modified on 4/16/2025 to remove blank page and clerk unable to issue summons, counsel notified. (JVC) Modified on 4/18/2025 to remove duplicate text. (JVC) |
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