XYZ Corporation v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A
| XYZ Corporation and Jason Kay |
| The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A |
| 0:2022cv60412 |
| February 23, 2022 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on April 13, 2022. A more recent docket listing may be available from PACER.
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Filing 34
ORDER granting #23 Renewed Motion for Preliminary Injunction. Signed by Judge Rodney Smith on 4/13/2022. See attached document for full details. (ls)
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| Filing 33 PAPERLESS Minute Entry for proceedings held before Judge Rodney Smith: Motion Hearing held on 4/13/2022, 8:30-8:35am re #24 Second MOTION to Extend Ex Parte Temporary Restraining Order filed by Jason Kay. After hearing from plaintiff, motion granted. Attorney Appearance(s): Richard Guerra, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov. (pm) |
| Filing 32 NOTICE of Voluntary Dismissal as to Certain Defendants Only by Jason Kay (Fundora, Nicole) |
| Filing 31 Summons Issued as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. (kpe) |
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Filing 30
ORDER granting #24 Second Motion to Extend Ex Parte Temporary Restraining Order. The Temporary Restraining Order dated March 11, 2022, shall remain in effect until after the conclusion of the preliminary injunction hearing. Prelinjhrg (telephonic) Hearing set for 4/13/2022 08:30 AM before Judge Rodney Smith. Signed by Judge Rodney Smith on 4/7/2022. See attached document for full details. (amb)
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| Filing 29 NOTICE of Filing Proposed Summons(es) by Jason Kay (Attachments: #1 Summon(s)) (Fundora, Nicole) |
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Filing 28
PAPERLESS ORDER denying #25 Plaintiff's Motion for Clarification of Order Denying Plaintiff's Motion for Preliminary Injunction Because of Improper Service. Contrary to Plaintiff's representation in the Motion, the Order Granting Ex Parte Application for Entry of Temporary Restraining Order does not contain language providing for issuance of a single summons. Additionally, Plaintiff has not complied with the language he quotes from the advisory committee notes to Federal Rule of Civil Procedure 4(b) because Plaintiff did not obtain a "single original bearing the names of multiple defendants." Signed by Judge Rodney Smith on 4/7/2022. (cbn)
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| Filing 27 Second AMENDED COMPLAINT against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A filed in response to Order Granting Motion for Leave, filed by Jason Kay. (Attachments: #1 Exhibit Exhibit 1- federal trademark registrations, #2 Exhibit Schedule A to Second Amended Complaint identifying Defendants)(Fundora, Nicole) |
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Filing 26
PAPERLESS ORDER granting #22 Motion for Leave to File Second Amended Complaint. Plaintiff shall file his Second Amended Complaint as a separate docket entry by April 11, 2022. Signed by Judge Rodney Smith on 4/7/2022. (cbn)
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| Set/Reset Deadlines/Hearings Per DE 26 Order. Amended Complaint due by 4/11/2022. (ebz) |
| Filing 25 Plaintiff's MOTION for clarification #21 Order,, Terminate Hearings, of Order Denying Plaintiff's Motion for Preliminary Injunction Because of Improper Service by Jason Kay. Responses due by 4/20/2022 (Fundora, Nicole) |
| Filing 24 Second MOTION to Extend Ex Parte Temporary Restraining Order by Jason Kay. (Attachments: #1 Text of Proposed Order)(Fundora, Nicole) |
| Filing 23 Renewed MOTION for Preliminary Injunction by Jason Kay. (Fundora, Nicole) |
| Filing 22 Plaintiff's MOTION for Leave to File Second Amended Complaint and Incorporated Memorandum of Law by Jason Kay. (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Text of Proposed Order)(Fundora, Nicole) |
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Filing 21
ORDER. Plaintiff's Motion for Preliminary Injunction DE #9 is DENIED without prejudice. The April 7, 2022 preliminary injunction hearing is CANCELED. Signed by Judge Rodney Smith on 4/6/2022. See attached document for full details. (ebz)
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| Filing 20 NOTICE of Compliance re #19 Order on Motion for Miscellaneous Relief. (Docket Entries Unsealed per Order) (amb) |
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Filing 19
ORDER TO UNSEAL. ORDER granting #17 Motion to Unseal. The Clerk shall UNSEAL all docket entries in this case. Signed by Judge Rodney Smith on 4/5/2022. See attached document for full details. (amb)
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| Filing 18 NOTICE by Jason Kay of Filing Proposed Order Granting Plaintiff's Motion for Preliminary Injunction (Attachments: #1 Text of Proposed Order) (Fundora, Nicole) |
| Filing 17 Plaintiff's MOTION to Unseal by Jason Kay. (Attachments: #1 Text of Proposed Order)(Fundora, Nicole) |
| Filing 16 AMENDED COMPLAINT against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A, filed by Jason Kay. (Attachments: #1 Exhibit Exhibit 1- federal trademark registrations, #2 Exhibit Schedule A to Amended Complaint identifying Defendants)(Fundora, Nicole) |
| Filing 15 CERTIFICATE OF SERVICE by XYZ Corporation (Fundora, Nicole) |
| Filing 14 Summons Issued as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. (jas) |
| Filing 13 NOTICE of Filing Proposed Summons(es) in compliance with the Court's Sealed Order, dated March 11, 2022 by XYZ Corporation (Attachments: #1 Summon(s)) (Fundora, Nicole) |
| Filing 12 NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation (Fundora, Nicole) |
| Filing 11 NOTICE of Filing Bond by XYZ Corporation. (Attachments: #1 Supplemental Attachment) (kpe) Modified to Unseal on 4/5/2022 (amb). |
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Filing 10
ORDER granting #9 Motion to Extend Ex Parte Temporary Restraining Order and Reschedule Hearing on Motion for Preliminary Injunction. Preliminary Injunction Hearing set for 4/7/2022 08:45 AM before Judge Rodney Smith. Signed by Judge Rodney Smith on 3/17/2022. See attached document for full details. (kpe)
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| Filing 9 Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order and Reschedule Hearing on Motion for Preliminary Injunction by XYZ Corporation. (Attachments: #1 Affidavit Declaration of Richard Guerra, #2 Text of Proposed Order)(Fundora, Nicole) |
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Filing 8
SEALED ORDER GRANTING MOTION FOR ALTERNATIVE SERVICE. ORDER granting #6 Ex Parte Motion. Signed by Judge Rodney Smith on 3/11/2022. See attached document for full details. (amb) Modified to Unseal on 4/5/2022 (amb).
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Filing 7
SEALED ORDER GRANTING EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER. ORDER granting #5 Ex Parte Motion. Prelinjhrg Hearing set for 3/23/2022 08:45 AM before Judge Rodney Smith. Responses due by 3/21/2022 Replies due by 3/22/2022. Signed by Judge Rodney Smith on 3/11/2022. See attached document for full details. (amb) Modified to Unseal on 4/5/2022 (amb).
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| Filing 6 Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants by XYZ Corporation. (Attachments: #1 Affidavit Declaration of Richard Guerra, #2 Text of Proposed Order) (Fundora, Nicole) Modified to Unseal on 4/5/2022 (amb). |
| Filing 5 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets by XYZ Corporation. (Attachments: #1 Exhibit Exhibit 1- Proposed Amended Complaint with Schedule A, #2 Affidavit Declaration of Charlie Charlton, #3 Affidavit Declaration of Richard Guerra, #4 Text of Proposed Order) (Fundora, Nicole) Modified to Unseal on 4/5/2022 (amb). |
| Filing 4 Plaintiff's MOTION for Leave to Temporarily Proceed Under a Pseudonym by XYZ Corporation. (Attachments: #1 Text of Proposed Order)(Fundora, Nicole) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint) (jua) |
| Filing 2 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 1 COMPLAINT against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. Filing fees $ 402.00 receipt number AFLSDC-15424680, filed by XYZ Corporation. (Attachments: #1 Civil Cover Sheet)(Fundora, Nicole) |
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| Plaintiff: XYZ Corporation | |
| Represented By: | Nicole Fundora |
| Represented By: | Richard Guerra |
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| Plaintiff: Jason Kay | |
| Represented By: | Nicole Fundora |
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| Defendant: The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A | |
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