Fisher v. THE INDIVIDUALS, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A"
| John Anthony Fisher |
| the Individuals, Partnerships and Unincorporated Associations identified on Schedule A, THE INDIVIDUALS, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A,, FashPalace, NIUTOP, Opoway, PENGUIN STORE, RISEN, RomedaUS and TAILANDE |
| 0:2022cv60978 |
| May 23, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 22, 2022. A more recent docket listing may be available from PACER.
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| Filing 36 NOTICE of Voluntary Dismissal as to Defendant No. 8 NIUTOP, Defendant No. 9 Opoway, Defendant No. 12 RISEN and Defendant No. 14 RomedaUS without prejudice by John Anthony Fisher (Palmer, Andrew) |
Filing 35
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendants No. 3 FashPalace, No. 8 NIUTOP, No. 9 Opoway, No. 10 PENGUIN STORE, No. 12 RISEN, No. 14 RomedaUS, and No. 16 TAILANDE on June 7, 2022. [ECF No. 13]. Defendants, however, have failed to plead or otherwise defend this action after being served with process. Thereafter, Plaintiff moved for a Clerk's entry of default as to these Defendants, [ECF Nos. 30, 33], which was granted, [ECF Nos. 31, 34]. Accordingly, within ten (10) days from the date of this Order, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Plaintiff shall immediately provide Defendants with a copy of this Order. Signed by Judge Darrin P. Gayles (bhy)
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| Filing 34 Clerk's Entry of Default as to TAILANDE - Motions Terminated: #33 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 7/18/2022. (cds) |
| Filing 33 MOTION for Clerk's Entry of Default as to TAILANDE by John Anthony Fisher. (Attachments: #1 Decl of Palmer, #2 Text of Proposed Order)(Palmer, Andrew) |
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Filing 32
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant No. 16 Tailande on June 7, 2022. [ECF No. 13]. Defendant, however, has failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiff shall file for entry of default by the Clerk as to the defendant. Signed by Judge Darrin P. Gayles (bhy)
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| Filing 31 Clerk's Entry of Default as to FashPalace, NIUTOP, Opoway, PENGUIN STORE, RISEN, RomedaUS - Motions Terminated: #30 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 7/11/2022. (cds) |
| Filing 30 MOTION for Clerk's Entry of Default as to FashPalace, NIUTOP, Opoway, PENGUIN STORE, RISEN, RomedaUS by John Anthony Fisher. (Attachments: #1 Decl of Palmer, #2 Text of Proposed Order)(Palmer, Andrew) |
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Filing 29
PAPERLESS ORDER DISMISSING WITHOUT PREJUDICE Defendant No. 1 Annadue20, Defendant No. 5 GYZLDirect, Defendant No. 7 Muquern, and Defendant No. 15 Siluker pursuant to #28 Notice of Voluntary Dismissal Without Prejudice. Signed by Judge Darrin P. Gayles (bhy)
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| Filing 28 NOTICE of Voluntary Dismissal as to Defendant No. 1 Annadue20, Defendant No. 5 GYZLDirect, Defendant No. 7 Muquern and Defendant No. 15 Siluker without prejudice by John Anthony Fisher (Palmer, Andrew) |
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Filing 27
PAPERLESS ORDER DISMISSING WITH PREJUDICE Defendant No. 11 risemart-t pursuant to #25 Notice of Voluntary Dismissal With Prejudice. Signed by Judge Darrin P. Gayles (bhy)
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Filing 26
PAPERLESS ORDER DISMISSING WITHOUT PREJUDICE Defendant No. 2 BdiliUSA and Defendant No. 13 Rkqoa pursuant to #24 Notice of Voluntary Dismissal Without Prejudice. Signed by Judge Darrin P. Gayles (bhy)
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| Filing 25 NOTICE of Voluntary Dismissal as to Defendant No. 11 risemart-t with prejudice by John Anthony Fisher (Palmer, Andrew) |
| Filing 24 NOTICE of Voluntary Dismissal as to Defendant No. 2 BdiliUSA and Defendant No. 13 Rkqoa without prejudice by John Anthony Fisher (Palmer, Andrew) |
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Filing 23
PAPERLESS ORDER DISMISSING WITHOUT PREJUDICE Defendant No. 17 Yomnee pursuant to #22 Notice of Voluntary Dismissal Without Prejudice. Signed by Judge Darrin P. Gayles (bhy)
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| Filing 22 NOTICE of Voluntary Dismissal as to Defendant No. 17 YOMNEE without prejudice by John Anthony Fisher (Palmer, Andrew) |
| Filing 21 Clerks Receipt for Treasury Registry received on 6/21/2022 in the amount of $ 10,000.00, receipt number 15697 (cqs) |
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Filing 20
PAPERLESS ORDER DISMISSING WITHOUT PREJUDICE Defendant No. 18 Home & Kitchen Shop pursuant to #19 Notice of Voluntary Dismissal Without Prejudice. Signed by Judge Darrin P. Gayles (bhy)
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| Filing 19 NOTICE of Voluntary Dismissal as to Defendant No. 18 Home & Kitchen Shop without prejudice by John Anthony Fisher (Palmer, Andrew) |
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Filing 18
ORDER Granting #6 RENEWED MOTION FOR ENTRY OF PRELIMINARY INJUNCTION. Signed by Judge Darrin P. Gayles on 6/16/2022. See attached document for full details. (cds)
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| Filing 17 Clerk's NOTICE of Compliance re 16 Order (dj) |
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Filing 16
PAPERLESS ORDER. The Clerk of Court is directed to unseal all previously sealed documents in this case. See [ECF Nos. 6-9]. Signed by Judge Darrin P. Gayles (bhy)
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Filing 15
PAPERLESS ORDER Amending [ECF No. 12]. On June 5, 2022, the Court dismissed Defendant HLmedical but erroneously labeled it as Defendant No. 7 based on Plaintiff's #10 Notice of Voluntary Dismissal without Prejudice. See [ECF No. 12]. However, the Court learned at the June 15, 2022 Preliminary Injunction Motion Hearing that HLmedical is Defendant No. 6. Thus, the Court amends its prior Order to correct the scrivener's error and dismisses without prejudice Defendant No. 6 HLmedical. Signed by Judge Darrin P. Gayles (bhy)
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| Filing 14 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Preliminary Injunction Motion Hearing held on 6/15/2022 re #6 Plaintiff's Ex Parte Motion for Entry of Preliminary Injunction. Attorney Appearances: Andrew Jonathan Palmer for Plaintiff. No appearances by Defendants. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (bhy) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by John Anthony Fisher. THE INDIVIDUALS, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A, served on 6/7/2022, response/answer due 6/28/2022. (Attachments: #1 Decl. of Kang)(Palmer, Andrew) |
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Filing 12
PAPERLESS ORDER DISMISSING WITHOUT PREJUDICE Defendant No. 6 HLmedical and Defendant No. 4 Gainwell pursuant to #10 #11 Notices of Voluntary Dismissal Without Prejudice. Signed by Judge Darrin P. Gayles (bhy) Modified Text to amend erroneously labeled Defendant No. 7 to No.6; PER DE# 15 on 6/16/2022 (cds).
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| Filing 11 NOTICE of Voluntary Dismissal as to Defendant No. 4 GAINWELL without prejudice by John Anthony Fisher (Palmer, Andrew) |
| Filing 10 NOTICE of Voluntary Dismissal as to Defendant HLmedical without prejudice by John Anthony Fisher (Palmer, Andrew) |
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Filing 9
ORDER granting #7 Motion For Alternative Service. Signed by Judge Darrin P. Gayles on 6/1/2022. See attached document for full details. (kpe) Modified on 6/16/2022 Unsealed Per DE# 16 (dj).
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Filing 8
ORDER granting #6 Ex Parte Temporary Restraining Order. Motion Hearing re Motion for Preliminary Injunction set for 6/15/2022 10:30 AM before Judge Darrin P. Gayles. Responses due by 6/10/2022. Replies due by 6/13/2022. Signed by Judge Darrin P. Gayles on 6/1/2022. See attached document for full details. (kpe) Modified on 6/16/2022 Unsealed Per DE# 16 (dj).
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| Filing 7 EX PARTE MOTION for an order authorizing alternate service of process on Defendants, the Individuals, Partnerships and Unincorporated Associations identified on Schedule A by John Anthony Fisher. (Attachments: #1 Decl. of Palmer, #2 Exhibit 1 to Decl. of Palmer, #3 Text of Proposed Order) (Palmer, Andrew) Modified on 6/16/2022 Unsealed Per DE# 16 (dj). |
| Filing 6 EX PARTE MOTION for entry of a temporary restraining order and an order restraining transfer of assets, and upon expiration of the temporary restraining order, a preliminary injunction against Defendants, the Individuals, Partnerships, and Unincorporated Associations identified on Schedule A by John Anthony Fisher. (Attachments: #1 Decl. of Palmer, #2 Decl. of John Anthony Fisher, #3 Exhibit 1 to Decl. of John Anthony Fisher, #4 Exhibit 2-1 to Decl. of John Anthony Fisher, #5 Exhibit 2-2 to Decl. of John Anthony Fisher, #6 Text of Proposed Order) (Palmer, Andrew) Modified on 6/16/2022 Unsealed Per DE# 16 (dj). |
| Filing 5 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (bhy) |
| Filing 4 Summons Issued as to THE INDIVIDUALS, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A". (cds) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. 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. 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. (cds) |
| Filing 1 COMPLAINT against the Individuals, Partnerships and Unincorporated Associations identified on Schedule A. Filing fees $ 402.00 receipt number AFLSDC-15660528, filed by John Anthony Fisher. (Attachments: #1 Exhibit 1, #2 Schedule A, #3 Civil Cover Sheet, #4 AO 120, #5 Summon(s))(Palmer, Andrew) |
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