Around The Clock A/C Service, LLC v. AIR PROS, LLC et al
| Around The Clock A/C Service, LLC |
| ANTHONY PERERA, DOUGLAS PERERA, SR and AIR PROS, LLC |
| 0:2019cv62437 |
| October 1, 2019 |
| US District Court for the Southern District of Florida |
| Patrick M Hunt |
| K Michael Moore |
| Trademark |
| 15 U.S.C. § 44 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2019. A more recent docket listing may be available from PACER.
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Filing 21
PAPERLESS ORDER denying as moot #13 Motion to Compel in light of ECF No. 20. Further, the conference call scheduled for November 21st at 2:00 p.m. is CANCELLED. Signed by Magistrate Judge Patrick M. Hunt on 11/20/2019. (sl00)
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| Filing 20 NOTICE OF WITHDRAWAL OF MOTION by Around The Clock A/C Service, LLC re #5 MOTION for Preliminary Injunction filed by Around The Clock A/C Service, LLC (Keys, James) |
| Filing 19 NOTICE by AIR PROS, LLC, ANTHONY PERERA, DOUGLAS PERERA, SR re 17 Order,, Amended Certificate of Conferral (Attachments: #1 Exhibit) (Lewis, Samuel) |
| Filing 18 NOTICE of Attorney Appearance by James Anthony Gale on behalf of AIR PROS, LLC. Attorney James Anthony Gale added to party AIR PROS, LLC(pty:dft). (Gale, James) |
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Filing 17
PAPERLESS ORDER requiring Defendants to file an amended certificate of conferral indicating the efforts made to meaningfully confer on the issues raised in ECF No. 13 either by phone or in person. If such has not been performed, counsel shall do so before 11/21 at 10:00 a.m. and shall advise the Court of the results at the 2:00 p.m. conference call with Chambers. Counsel for Plaintiff shall provide a call-in number for all parties for the conference call. Signed by Magistrate Judge Patrick M. Hunt on 11/18/2019. (sl00)
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| Filing 16 Clerks Notice to Filer re #14 Summons Returned Executed,. Incorrect Defendant Selected; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking DE #14 Summons Returned Executed. (kpe) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Around The Clock A/C Service, LLC. AIR PROS, LLC served on 10/24/2019, answer due 11/14/2019. (Hilal, Elias) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Around The Clock A/C Service, LLC. DOUGLAS PERERA, SR served on 10/24/2019, answer due 11/14/2019. (Hilal, Elias) |
| Reset Deadlines AIR PROS, LLC answer due 12/4/2019; ANTHONY PERERA answerdue 12/4/2019; DOUGLAS PERERA, SR answer due 12/4/2019. (cqs) |
| Filing 13 Defendant's MOTION to Compel or Strike Exhibit by AIR PROS, LLC, ANTHONY PERERA, DOUGLAS PERERA, SR. Attorney Matthew Neil Horowitz added to party AIR PROS, LLC(pty:dft), Attorney Matthew Neil Horowitz added to party ANTHONY PERERA(pty:dft), Attorney Matthew Neil Horowitz added to party DOUGLAS PERERA, SR(pty:dft). Responses due by 11/29/2019 (Horowitz, Matthew) |
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Anthony Perera, Douglas Perera, Sr., and Air Pros, LLC's Motion for Extension of Time to Respond to the Complaint. #11 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants' Motion #11 is GRANTED. Defendants shall answer or otherwise respond to the Complaint on or before December 4, 2019. Signed by Chief Judge K. Michael Moore on 11/15/2019. (mgh)
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by AIR PROS, LLC, ANTHONY PERERA, DOUGLAS PERERA, SR. Attorney Samuel Abraham Lewis added to party AIR PROS, LLC(pty:dft), Attorney Samuel Abraham Lewis added to party ANTHONY PERERA(pty:dft), Attorney Samuel Abraham Lewis added to party DOUGLAS PERERA, SR(pty:dft). (Attachments: #1 Text of Proposed Order)(Lewis, Samuel) |
| Set/Reset Deadlines/Hearings as to #5 MOTION for Preliminary Injunction . Responses due by 11/22/2019 Replies due by 11/26/2019. per DE 10 (cbr) |
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Filing 10
PAPERLESS ORDER requiring Plaintiff to file proof of service on the Defendants of the Complaint and the Motion for Preliminary Injunction no later than November 15, 2019. If Defendants have been properly served, the parties are to meet and confer in person or by telephone no later than Tuesday, November 19, 2019, to determine Defendants' position regarding the relief being requested. If the parties are able to resolve the issues presented in the Motion for Preliminary Injunction, ECF No. 5, a stipulated Preliminary Injunction or a Notice of Withdrawal of the Motion shall be filed with this Court. A status report or a stipulated preliminary injunction/notice of withdrawal shall be filed no later than November 20, 2019. If the parties are unable to resolve the issues presented, all parties shall contact chambers on November 21st at 2:00 p.m. at (954) 769-5470 to schedule an evidentiary hearing on the above-referenced Motion for Preliminary Injunction. Defendants' Response(s) to the Motion will be due November 22, 2019; and the Reply will be due November 26, 2019. Signed by Magistrate Judge Patrick M. Hunt on 11/12/2019. (sl00)
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Filing 9
PAPERLESS ORDER REFERRING MOTION. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Patrick M. Hunt to take all necessary and proper action as required by law and/or issue a Report and Recommendation regarding Plaintiff's Motion for Preliminary Injunction #5 . Signed by Chief Judge K. Michael Moore on 11/6/2019. (mgh)
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Filing 8
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES BEFORE UNITED STATES MAGISTRATE JUDGE PATRICK M. HUNT. The parties should carefully review the Order in that it requires expedited briefing, provides for modified page limitations and special conferral requirements before a motion is filed, limits the type of permissible discovery objections as well as modifying other discovery procedures. See attached document for full details. Signed by Magistrate Judge Patrick M. Hunt on 10/4/2019. (sl00)
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Filing 7
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE PATRICK M. HUNT. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Patrick M. Hunt to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Hunt's discovery procedures. Signed by Chief Judge K. Michael Moore on 10/2/2019. (mgh)
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Filing 6
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 10/2/2019. (mgh)
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| Filing 5 WITHDRAWN per DE #20 MOTION for Preliminary Injunction by Around The Clock A/C Service, LLC. (Hilal, Elias) Text Modified on 11/20/2019 (cbr). |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (mee) |
| Filing 3 Summons Issued as to AIR PROS, LLC, ANTHONY PERERA, DOUGLAS PERERA, SR. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee) |
| Filing 1 COMPLAINT against Around The Clock A/C Service, LLC. Filing fees $ 400.00 receipt number 113C-12028320, filed by Around The Clock A/C Service, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Summon(s) Air Pros, #5 Summon(s) Anthony, #6 Summon(s) Douglas, #7 Civil Cover Sheet civil cover sheet)(Hilal, Elias) |
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