BESWEET CREATIONS LLC v. OSO YUMMY

Plaintiff: BESWEET CREATIONS LLC and BeSweet Creations, LLC
Defendant: OSO YUMMY
Case Number: 0:2020cv61862
Filed: September 14, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodolfo A Ruiz
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1051
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2021 Filing 17 ORDER DISMISSING CASE. Signed by Judge Rodolfo A. Ruiz, II on 5/18/2021. See attached document for full details. (kbm)
May 17, 2021 Filing 16 NOTICE of Voluntary Dismissal by BESWEET CREATIONS LLC (Fields, Alexis)
May 7, 2021 Filing 15 PAPERLESS ORDER denying #14 Plaintiff's Motion for Additional Time to Perfect Service ("Motion"). This is Plaintiff's fourth such motion for an extension of time to perfect service. In granting the previous motion, the Court made clear "that no further extensions of time to perfect service shall be given in this case absent an overwhelming showing of extenuating circumstances." Paperless Order [ECF No. 13]. In its Motion, Plaintiff states that the reason for continued delay is that its counsel did not realize that a subpoena had yet to be served on Amazon. Mot. at 7. This falls far short of "an overwhelming showing of extenuating circumstances." Accordingly, failure to effectuate service of a summons and the complaint on Defendant by the stated deadline of May 17, 2021 will result in dismissal of this action without prejudice and without further notice. Signed by Judge Rodolfo A. Ruiz, II on 5/7/2021. (kbm)
May 6, 2021 Filing 14 Plaintiff's MOTION for Extension of Time to Perfect Service by BESWEET CREATIONS LLC. Responses due by 5/20/2021 (Fields, Alexis)
March 18, 2021 Filing 13 PAPERLESS ORDER granting #12 Plaintiff's Motion for an Extension of Time to Perfect Service. Plaintiff shall perfect service on Defendant by May 17, 2021. Plaintiff is cautioned that no further extensions of time to perfect service shall be given in this case absent an overwhelming showing of extenuating circumstances. Signed by Judge Rodolfo A. Ruiz, II on 3/18/2021. (kbm)
March 17, 2021 Filing 12 Plaintiff's MOTION for Extension of Time to Perfect Service re 11 Order on Motion for Extension of Time by BESWEET CREATIONS LLC. Responses due by 3/31/2021 (Fields, Alexis)
February 16, 2021 Filing 11 PAPERLESS ORDER granting #10 Plaintiff's Motion for Extension of Time to Perfect Service. Plaintiff shall perfect service upon Defendant by March 17, 2021. Signed by Judge Rodolfo A. Ruiz, II on 2/16/2021. (kbm)
February 15, 2021 Filing 10 MOTION for Extension of Time to Perfect Service re 9 Order by BESWEET CREATIONS LLC. Responses due by 3/1/2021 (Fields, Alexis)
December 15, 2020 Filing 9 PAPERLESS ORDER granting #8 Plaintiff's Motion for Additional Time to Perfect Service. Plaintiff shall perfect service upon Defendant by February 15, 2021. Signed by Judge Rodolfo A. Ruiz, II on 12/15/2020. (kbm)
December 14, 2020 Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re #6 Order to Show Cause by BESWEET CREATIONS LLC. (Fields, Alexis)
December 14, 2020 Filing 7 NOTICE by BESWEET CREATIONS LLC to Produce Documents to Non-Parties (Attachments: #1 Exhibit Subpoena to Produce Documents) (Fields, Alexis)
December 7, 2020 Filing 6 ORDER TO PERFECT SERVICE. Show Cause Response due by 12/14/2020. Signed by Judge Rodolfo A. Ruiz, II on 12/7/2020. See attached document for full details. (kbm)
November 2, 2020 Filing 5 PAPERLESS ORDER granting #4 Plaintiff's Motion for Leave to Take Discovery Prior to Rule 26(f) Conference. Although "[a]s a general rule, discovery proceedings take place only after the defendant has been served[,]" Plaintiff has shown good cause to grant its request here. See Liberty Media Holdings, LLC v. Bittorrent Swarm of Nov. 15, 2010, to Jan. 28,2011, Sharing Hash Value AE340D0560129AFEE8d78CE07F2394C7B5BC9C05, No. 11-21567-CIV, 2011 WL 13223711, at *1-2 (S.D. Fla. Aug. 4, 2011) (explaining the three-part test in determining whether good cause has been shown) (citation omitted). First, the Court finds that based on the deliveries fulfilled by Defendant via Amazon, Plaintiff has identified "the missing party with sufficient specificity such that the Court can determine that defendant is a real person or entity who could be sued in federal court." Id. at *1. Second, the Court is satisfied that Plaintiff has described all previous steps taken to locate the elusive defendant. Id. at *2. Finally, Plaintiff's Complaint sets forth a prima facie case of trademark infringement and trademark counterfeiting under the Lanham Act that could withstand a motion to dismiss. Id. Signed by Judge Rodolfo A. Ruiz, II on 11/2/2020. (kbm)
October 15, 2020 Filing 4 Plaintiff's MOTION for Leave to File MOTION FOR LEAVE TO TAKE DISCOVERY PRIOR TO RULE 26(F) CONFERENCE by BESWEET CREATIONS LLC. (Fields, Alexis)
September 15, 2020 Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (kpe)
September 14, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (kpe)
September 14, 2020 Filing 1 COMPLAINT against OSO YUMMY. Filing fees $ 400.00 receipt number AFLSDC-13518732, filed by BESWEET CREATIONS LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Civil Cover Sheet)(Fields, Alexis)

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Defendant: OSO YUMMY
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Plaintiff: BESWEET CREATIONS LLC
Represented By: Alexis Fields
Represented By: James Gilbert Keys, III
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Plaintiff: BeSweet Creations, LLC
Represented By: James Gilbert Keys, III
Represented By: Alexis Fields
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