JHO INTELLECTUAL PROPERTY HOLDINGS, LLC et al v. Ignite International, Ltd. et al
| Vital Pharmaceuticals, Inc. and JHO INTELLECTUAL PROPERTY HOLDINGS, LLC |
| James Gracely, Ignite International, Ltd. and Ignite Beverages, Inc. |
| 0:2021cv60451 |
| February 26, 2021 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia O Valle |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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Filing 23
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Amended Pleadings due by 6/14/2021., Discovery due by 12/14/2021., Expert Discovery due by 12/14/2021., Joinder of Parties due by 6/14/2021., Mediation Deadline 12/28/2021., In Limine Motions due by 1/5/2022., Dispositive Motions due by 1/5/2022., Pretrial Stipulation due by 3/28/2022., Jury Trial set for 4/11/2022 at 9:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 4/5/2022 at 1:45 PM in Miami Division before Judge Beth Bloom. Signed by Judge Beth Bloom on 4/15/2021. 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 22
Plaintiffs ANSWER to Counterclaim by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. (Foster, Zachary)
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Filing 21
NOTICE of Attorney Appearance by Michael G. Zilber on behalf of James Gracely, Ignite Beverages, Inc., Ignite International, Ltd.. Attorney Michael G. Zilber added to party James Gracely(pty:dft), Attorney Michael G. Zilber added to party Ignite Beverages, Inc.(pty:dft), Attorney Michael G. Zilber added to party Ignite International, Ltd.(pty:dft). (Zilber, Michael)
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Filing 20
ORDER granting #19 Motion to Stay. denying as moot #11 Motion to Dismiss; denying as moot #11 Motion to Stay; denying as moot #17 Motion to Compel. Signed by Judge Beth Bloom on 4/8/2021. See attached document for full details. (ail)
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Filing 19
Joint MOTION to Stay re #1 Complaint,, Counts V and VI of the Complaint Pending Mediation and Arbitration by James Gracely, Ignite Beverages, Inc., Ignite International, Ltd.. Responses due by 4/21/2021 (Attachments: #1 Text of Proposed Order)(Meeks, Thomas)
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Filing 18
Corporate Disclosure Statement by Ignite Beverages, Inc., Ignite International, Ltd. identifying Corporate Parent Ignite International Brands, Ltd., Other Affiliate Ignite International, Ltd. for Ignite Beverages, Inc., Ignite International, Ltd. (Meeks, Thomas)
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Filing 17
MOTION to Compel Arbitration of Count Five by James Gracely. Responses due by 4/14/2021 (Meeks, Thomas)
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Filing 16
Plaintiff's Corporate Disclosure Statement by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc. (Foster, Zachary)
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Filing 15
NOTICE of Attorney Appearance by William G Giltinan on behalf of James Gracely, Ignite Beverages, Inc., Ignite International, Ltd.. Attorney William G Giltinan added to party James Gracely(pty:dft), Attorney William G Giltinan added to party Ignite Beverages, Inc.(pty:dft), Attorney William G Giltinan added to party Ignite Beverages, Inc.(pty:cc), Attorney William G Giltinan added to party Ignite International, Ltd.(pty:dft), Attorney William G Giltinan added to party Ignite International, Ltd.(pty:cc). (Giltinan, William)
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Filing 14
Clerks Notice to Filer re #12 Answer to Complaint. ERROR: COUNTERCLAIM NOT ADDED. The correction was made by the Clerk, see 13 Answer to Complaint, Counterclaim. It is not necessary to refile this document. (ail)
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Filing 13
ANSWER and Affirmative Defenses to Complaint, COUNTERCLAIM against JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc. by Ignite Beverages, Inc., Ignite International, Ltd.. SEE DE #12 IMAGE (ail)
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Filing 12
ANSWER and Affirmative Defenses to Complaint by Ignite Beverages, Inc., Ignite International, Ltd.. (Meeks, Thomas)
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Filing 11
MOTION to Dismiss #1 Complaint,, , MOTION to Stay Counts Five and Six and to Compel their Arbitration ( Responses due by 4/7/2021) by Ignite Beverages, Inc., Ignite International, Ltd.. Attorney Thomas Meeks added to party Ignite Beverages, Inc.(pty:dft), Attorney Thomas Meeks added to party Ignite International, Ltd.(pty:dft). (Attachments: #1 Exhibit Ex A - Agreement between VPX and Mr. Gracely)(Meeks, Thomas)
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Filing 10
PAPERLESS ORDER granting #9 Defendant James Gracely's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint. Defendant James Gracely must respond to the Complaint by no later than April 7, 2021. Signed by Judge Beth Bloom (ks01)
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Filing 9
Unopposed MOTION for Extension of Time Respond to Complaint re #1 Complaint,, by James Gracely. Attorney Thomas Meeks added to party James Gracely(pty:dft). Responses due by 4/7/2021 (Attachments: #1 Text of Proposed Order)(Meeks, Thomas)
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Set/Reset Answer Due Deadline: James Gracely response due 4/7/2021. SEE DE 10 ORDER (ail)
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Filing 8
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. Ignite International, Ltd. served on 3/4/2021, answer due 3/25/2021. (Foster, Zachary)
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Filing 7
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. James Gracely served on 3/4/2021, answer due 3/25/2021. (Foster, Zachary)
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Filing 6
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. Ignite Beverages, Inc. served on 3/3/2021, answer due 3/24/2021. (Foster, Zachary)
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Filing 5
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 3/2/2021. See attached document for full details. (amb)
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Filing 4
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pcs)
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Filing 3
Summons Issued as to James Gracely, Ignite Beverages, Inc., Ignite International, Ltd.. (pcs)
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Filing 2
Clerks Notice of Judge Assignment to Judge Beth Bloom. 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. (pcs)
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Filing 1
COMPLAINT for Trademark Infringement, Cancellation of Registration, and Unfair Competition against James Gracely, Ignite Beverages, Inc., Ignite International, Ltd.. Filing fees $ 402.00 receipt number AFLSDC-14458526, filed by JHO INTELLECTUAL PROPERTY HOLDINGS, LLC, Vital Pharmaceuticals, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) as to Ignite International, Ltd., #3 Summon(s) as to Ignite Beverages, Inc., #4 Summon(s) as to James Gracely, #5 Exhibit A - Reg. No. 4536197, #6 Exhibit B - Reg. No. 6191799)(Foster, Zachary)
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