Vital Pharmaceuticals, Inc. v. Monster Energy Company et al
| Vital Pharmaceuticals, Inc. a Florida corporation doing business as VPX Sports |
| Monster Energy Company and Reign Beverage Company, LLC |
| 0:2020cv61757 |
| August 28, 2020 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Alicia O Valle |
| Trademark |
| 15 U.S.C. § 1125 |
| Both |
Docket Report
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This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 63 RESPONSE in Opposition re #60 MOTION to Stay The Case Pending Entry Of Judgment In A Related Case filed by Vital Pharmaceuticals, Inc.. Replies due by 10/30/2020. (Attachments: #1 Affidavit of Susan B. Meyer, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Schindler, Andrew) |
Filing 62
PAPERLESS ORDER GRANTING #61 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing (the "Motion"). Although the Motion incorrectly states that attorney Susan B. Meyer paid a $75 fee for Pro Hac Vice admission, the docket entry confirms that the correct $200 filing fee was paid, Receipt No. AFLSDC-13726903. Compare ECF No. #61 ¶ 3 with docket entry #61 . Accordingly, Susan B. Meyer may appear and participate in this action on behalf of Vital Pharmaceuticals, Inc. The Clerk shall provide electronic notification of all electronic filings to Susan B. Meyer, at smeyer@grsm.com. Signed by Magistrate Judge Alicia O. Valle on 10/21/2020. (dpr)
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| Filing 61 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Susan B. Meyer. Filing Fee $ 200.00 Receipt # AFLSDC-13726903 by Vital Pharmaceuticals, Inc.. Responses due by 11/3/2020 (Attachments: #1 Text of Proposed Order)(Schindler, Andrew) |
| Filing 60 MOTION to Stay The Case Pending Entry Of Judgment In A Related Case by Monster Energy Company, Reign Beverage Company, LLC. Responses due by 10/23/2020 (Stack, Brian) |
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Filing 59
ORDER SETTING CIVIL TRIAL DATE, PRETRIAL DEADLINES, REFERRAL TO MAGISTRATE JUDGE ORDER AND REFERRAL TO MEDIATION: Jury Trial set for 3/14/2022 before Judge Rodney Smith., Calendar Call set for 3/8/2022 at 9:00 AM before Judge Rodney Smith., Amended Pleadings due by 10/5/2020., Expert Discovery due by 10/1/2021., Fact Discovery due by 8/25/2021., Joinder of Parties due by 10/5/2020., Mediation Deadline 10/29/2021., In Limine Motions due by 2/7/2022., Dispositive Motions due by 10/15/2021., Motions due by 2/7/2022., Pretrial Stipulation due by 2/14/2022. Signed by Judge Rodney Smith on 9/23/2020. See attached document for full details. (ail) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 58 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Vital Pharmaceuticals, Inc. (Schindler, Andrew) |
| Filing 57 Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Vital Pharmaceuticals, Inc. (Schindler, Andrew) |
| Filing 56 SCHEDULING REPORT - Rule 16.1 by Vital Pharmaceuticals, Inc. (Attachments: #1 Text of Proposed Order)(Schindler, Andrew) |
| Filing 55 Certificate of Other Affiliates/Corporate Disclosure Statement by Monster Energy Company identifying Corporate Parent Monster Beverage Company for Monster Energy Company, Monster Energy Company (Stack, Brian) |
| Filing 54 Certificate of Other Affiliates/Corporate Disclosure Statement by Reign Beverage Company, LLC identifying Corporate Parent Monster Energy Company for Reign Beverage Company, LLC, Reign Beverage Company, LLC (Stack, Brian) |
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Filing 53
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report,Certificates of Interested Parties and Corporate Disclosure Statements due by 9/21/2020. Signed by Judge Rodney Smith on 9/11/2020. See attached document for full details. (mee)
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| Filing 52 NOTICE of Attorney Appearance by Andrew R. Schindler on behalf of Vital Pharmaceuticals, Inc.. Attorney Andrew R. Schindler added to party Vital Pharmaceuticals, Inc.(pty:pla). (Schindler, Andrew) |
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Filing 51
PAPERLESS ORDER granting #50 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lynda J. Zadra-Symes. Signed by Judge Rodney Smith on 9/11/2020. (ogn)
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| Filing 50 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lynda J. Zadra-Symes. Filing Fee $ 200.00 Receipt # AFLSDC-13500565 by Monster Energy Company, Reign Beverage Company, LLC. Responses due by 9/24/2020 (Stack, Brian) |
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Filing 49
PAPERLESS ORDER granting #46 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Brian C. Horne. Signed by Judge Rodney Smith on 9/10/2020. (ogn)
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Filing 48
PAPERLESS ORDER granting #45 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Steven J. Nataupsky. Signed by Judge Rodney Smith on 9/10/2020. (ogn)
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Filing 47
PAPERLESS ORDER granting #44 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Carol Pitzel Cruz. Signed by Judge Rodney Smith on 9/10/2020. (ogn)
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| Filing 46 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian C. Horne. Filing Fee $ 200.00 Receipt # AFLSDC-13496599 by Monster Energy Company, Reign Beverage Company, LLC. Responses due by 9/24/2020 (Stack, Brian) |
| Filing 45 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven J. Nataupsky. Filing Fee $ 200.00 Receipt # AFLSDC-13496572 by Monster Energy Company, Reign Beverage Company, LLC. Responses due by 9/24/2020 (Stack, Brian) |
| Filing 44 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Carol Pitzel Cruz. Filing Fee $ 200.00 Receipt # AFLSDC-13496559 by Monster Energy Company, Reign Beverage Company, LLC. Responses due by 9/24/2020 (Stack, Brian) |
| Filing 43 NOTICE of Attorney Appearance by Sammy Epelbaum on behalf of Monster Energy Company, Reign Beverage Company, LLC. Attorney Sammy Epelbaum added to party Monster Energy Company(pty:cc), Attorney Sammy Epelbaum added to party Monster Energy Company(pty:dft), Attorney Sammy Epelbaum added to party Reign Beverage Company, LLC(pty:dft), Attorney Sammy Epelbaum added to party Reign Beverage Company, LLC(pty:cc). (Epelbaum, Sammy) |
| Filing 42 NOTICE of Attorney Appearance by Robert Harris on behalf of Monster Energy Company, Reign Beverage Company, LLC. Attorney Robert Harris added to party Monster Energy Company(pty:dft), Attorney Robert Harris added to party Reign Beverage Company, LLC(pty:dft). (Harris, Robert) |
| Filing 41 Notice of Pending, Refiled, Related or Similar Actions by Monster Energy Company, Reign Beverage Company, LLC (Stack, Brian) |
| Filing 40 NOTICE of Attorney Appearance by Brian Joseph Stack on behalf of Monster Energy Company, Reign Beverage Company, LLC. Attorney Brian Joseph Stack added to party Monster Energy Company(pty:cc), Attorney Brian Joseph Stack added to party Monster Energy Company(pty:dft), Attorney Brian Joseph Stack added to party Reign Beverage Company, LLC(pty:dft), Attorney Brian Joseph Stack added to party Reign Beverage Company, LLC(pty:cc). (Stack, Brian) |
| Filing 39 Bar Letter re: Admissions sent to attorney Michael D Scully, Patrick Mulkern, A. Louis Dorny, Susan B Meyer, Brian C Horne, Carol M Pitzel, Joseph R Re, Lynda J Zadra-Symes,Paul A Stewart, Steven J Nataupsky, mailing date August 28, 2020, (pt) |
| Filing 38 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (jua) |
| Filing 37 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (jua) |
| Filing 36 Case transferred in from California Central; Case Number 5:20-cv-01127. Electronic file including transfer order and docket sheet received. .(jua). |
| Filing 35 Transfer Out Transmittal Letter (twdb) |
| Filing 34 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order GRANTING Defendants Motion to Transfer Case to the United States District Court for the Southern District of Florida (Dkt. No. #13 ). Case electronically sent. MD JS-6. Case Terminated. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 33 DEMAND for Jury Trial filed by Defendants/Counterclaimants Monster Energy Company, Reign Beverage Company, LLC.. (Stewart, Paul) |
| Filing 32 SCHEDULING NOTICE by Judge Jesus G. Bernal. The Court finds Defendants' Motion to Transfer (Doc. No. 13) is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court vacates the hearing set on August 17, 2020. The motion stands submitted on the papers timely filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney A. Louis Dorny counsel for Plaintiff Vital Pharmaceuticals, Inc.. Adding A. Louis Dorny as counsel of record for VITAL PHARMACEUTICALS, INC. d/b/a VPX SPORTS, a Florida corporation for the reason indicated in the G-123 Notice. Filed by Plaintiff VITAL PHARMACEUTICALS, INC. d/b/a VPX SPORTS, a Florida corporation. (Attorney A. Louis Dorny added to party Vital Pharmaceuticals, Inc.(pty:pla))(Dorny, A.) |
| Filing 30 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #21 of Monster Energy Company and Reign Beverage Company filed by Plaintiff Vital Pharmaceuticals, Inc..(Meyer, Susan) |
| Filing 29 DECLARATION of Merri Wolfenstein In support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #13 filed by Counter Claimants Monster Energy Company, Reign Beverage Company, LLC, Defendants Monster Energy Company, Reign Beverage Company, LLC. (Stewart, Paul) |
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Filing 28
ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 10/5/2020 at 11:00 AM before Judge Jesus G. Bernal. (iva)
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| Filing 27 DECLARATION of Brian J. Stack in Support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #13 filed by Defendants Monster Energy Company, Reign Beverage Company, LLC. (Attachments: #1 Exhibit 23)(Stewart, Paul) |
| Filing 26 DECLARATION of Paul A. Stewart in Support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #13 filed by Defendants Monster Energy Company, Reign Beverage Company, LLC. (Attachments: #1 Exhibit 21, #2 Exhibit 22)(Stewart, Paul) |
| Filing 25 DECLARATION of Rodney Sacks in Support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #13 filed by Defendants Monster Energy Company, Reign Beverage Company, LLC. (Stewart, Paul) |
| Filing 24 REPLY in Support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #13 filed by Defendants Monster Energy Company, Reign Beverage Company, LLC. (Stewart, Paul) |
| Filing 23 OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #13 filed by Plaintiff Vital Pharmaceuticals, Inc., Counter Defendant Vital Pharmaceuticals, Inc.. (Attachments: #1 Declaration of Susan B. Meyer, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Meyer, Susan) |
| Filing 22 NOTICE of Interested Parties filed by Defendants/Counterclaimants Monster Energy Company, Reign Beverage Company, LLC, identifying Monster Beverage Corporation, The Coca-Cola Company. (Stewart, Paul) |
| Filing 21 ANSWER to Complaint (Attorney Civil Case Opening), #1 , COUNTERCLAIM against Vital Pharmaceuticals, Inc. filed by Defendants Reign Beverage Company, LLC, Monster Energy Company.(Stewart, Paul) |
| Filing 20 NOTICE of Appearance filed by attorney Carol M Pitzel on behalf of Defendants Monster Energy Company, Reign Beverage Company, LLC (Attorney Carol M Pitzel added to party Monster Energy Company(pty:dft), Attorney Carol M Pitzel added to party Reign Beverage Company, LLC(pty:dft))(Pitzel, Carol) |
| Filing 19 NOTICE of Appearance filed by attorney Brian C Horne on behalf of Defendants Monster Energy Company, Reign Beverage Company, LLC (Attorney Brian C Horne added to party Monster Energy Company(pty:dft), Attorney Brian C Horne added to party Reign Beverage Company, LLC(pty:dft))(Horne, Brian) |
| Filing 18 NOTICE of Appearance filed by attorney Steven J Nataupsky on behalf of Defendants Monster Energy Company, Reign Beverage Company, LLC (Attorney Steven J Nataupsky added to party Monster Energy Company(pty:dft), Attorney Steven J Nataupsky added to party Reign Beverage Company, LLC(pty:dft))(Nataupsky, Steven) |
| Filing 17 NOTICE of Appearance filed by attorney Lynda J Zadra-Symes on behalf of Defendants Monster Energy Company, Reign Beverage Company, LLC (Attorney Lynda J Zadra-Symes added to party Monster Energy Company(pty:dft), Attorney Lynda J Zadra-Symes added to party Reign Beverage Company, LLC(pty:dft))(Zadra-Symes, Lynda) |
| Filing 16 NOTICE of Appearance filed by attorney Paul A Stewart on behalf of Defendants Monster Energy Company, Reign Beverage Company, LLC (Attorney Paul A Stewart added to party Monster Energy Company(pty:dft), Attorney Paul A Stewart added to party Reign Beverage Company, LLC(pty:dft))(Stewart, Paul) |
| Filing 15 DECLARATION of Joseph R. Re in Support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #13 filed by Defendants Monster Energy Company, Reign Beverage Company, LLC. (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-13, #3 Exhibit 14-18, #4 Exhibit 19, #5 Exhibit 20)(Re, Joseph) |
| Filing 14 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #13 filed by Defendants Monster Energy Company, Reign Beverage Company, LLC. (Re, Joseph) |
| Filing 13 NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida filed by Defendants Monster Energy Company, Reign Beverage Company, LLC. Motion set for hearing on 8/17/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attorney Joseph R Re added to party Monster Energy Company(pty:dft), Attorney Joseph R Re added to party Reign Beverage Company, LLC(pty:dft)) (Re, Joseph) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff Vital Pharmaceuticals, Inc., upon Defendant Reign Beverage Company, LLC served on 7/2/2020, answer due 7/23/2020. Service of the Summons and Complaint were executed upon Reign Beverage Company, LLC in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Mulkern, Patrick) |
| Filing 11 PROOF OF SERVICE Executed by Plaintiff Vital Pharmaceuticals, Inc., upon Defendant Monster Energy Company served on 7/2/2020, answer due 7/23/2020. Service of the Summons and Complaint were executed upon Monster Energy Company in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Mulkern, Patrick) |
| Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Monster Energy Company. (twdb) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Reign Beverage Company, LLC. (twdb) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Vital Pharmaceuticals, Inc.. (Attachments: #1 Summons to Defendant)(Meyer, Susan) |
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Filing 7
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 6 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (esa) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Sheri Pym. (esa) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Vital Pharmaceuticals, Inc. dba VPX Sports, (Meyer, Susan) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Vital Pharmaceuticals, Inc. dba VPX Sports. (Meyer, Susan) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26642108 - Fee: $400, filed by Plaintiff Vital Pharmaceuticals, Inc. dba VPX Sports. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Attorney Susan B Meyer added to party Vital Pharmaceuticals, Inc. dba VPX Sports(pty:pla))(Meyer, Susan) |
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| Search for this case: Vital Pharmaceuticals, Inc. v. Monster Energy Company et al | |
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| Defendant: Monster Energy Company | |
| Represented By: | Carol Pitzel |
| Represented By: | Joseph R. Re |
| Represented By: | Paul A. Stewart |
| Represented By: | Steven J. Nataupsky |
| Represented By: | Lynda J. Zadra-Symes |
| Represented By: | Brian C. Horne |
| Represented By: | Sammy Epelbaum |
| Represented By: | Robert Harris |
| Represented By: | Brian Joseph Stack |
| Represented By: | Carol Pitzel Cruz |
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| Defendant: Reign Beverage Company, LLC | |
| Represented By: | Carol Pitzel |
| Represented By: | Joseph R. Re |
| Represented By: | Paul A. Stewart |
| Represented By: | Steven J. Nataupsky |
| Represented By: | Lynda J. Zadra-Symes |
| Represented By: | Brian C. Horne |
| Represented By: | Sammy Epelbaum |
| Represented By: | Robert Harris |
| Represented By: | Brian Joseph Stack |
| Represented By: | Carol Pitzel Cruz |
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| Plaintiff: Vital Pharmaceuticals, Inc. a Florida corporation doing business as VPX Sports | |
| Represented By: | A. Louis Dorny |
| Represented By: | Patrick J. Mulkern |
| Represented By: | Michael D. Scully |
| Represented By: | Susan B. Meyer |
| Represented By: | Andrew R. Schindler |
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