LOUIS VUITTON MALLETIER v. THE INDIVIDUAL, BUSINESS ENTITY, OR UNINCORPORATED ASSOCIATION
| LOUIS VUITTON MALLETIER |
| THE INDIVIDUAL, BUSINESS ENTITY, OR UNINCORPORATED ASSOCIATION doing business as ALLYOLOSWAG.COM doing business as ECOMHAO.COM |
| 0:2023cv61421 |
| July 25, 2023 |
| U.S. District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| Donald M Middlebrooks |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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Filing 24
PAPERLESS ORDER SETTING DEADLINE TO FILE MOTION FOR FINAL DEFAULT JUDGMENT. On September 14, 2023, Plaintiff moved for Clerk's Entry of Default against Defendants the Individual, Business Entity, or Unincorporated Association d/b/a allyoloswag.com and echohao.com (DE #22 ). The motion was granted on September 15, 2023. (DE 23 ). Accordingly, if Plaintiff intends to move for default final judgment, it must do so on or before September 29, 2023. Moreover, Plaintiff is advised that pursuant to S.D. Fla. Local Rule 7.1(a)(2), motions for default judgment must be "accompanied by a proposed order that is filed and submitted via e-mail to the Court as prescribed by Section 3I(6) of the CM/ECF Administrative Procedures." The proposed order must contain legal analysis as to the claims on which Plaintiff is seeking default final judgment and how the pled facts, taken as true, justify awarding Plaintiff default judgment. Plaintiff must ensure that its proposed order with the court is emailed in Word format to the court's e-filing address: [email protected]. If no timely motion and appropriate proposed order are filed, this matter is subject to dismissal without prejudice. Signed by Judge Donald M. Middlebrooks on 9/18/2023. (kal)
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| Filing 23 Clerk's Entry of Default as to THE INDIVIDUAL, BUSINESS ENTITY, OR UNINCORPORATED ASSOCIATION - Motions Terminated: #22 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 9/15/2023. (drz) |
| Filing 22 Plaintiff's MOTION for Clerk's Entry of Default as to All Defendants by LOUIS VUITTON MALLETIER. (Attachments: #1 Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk's Entry of Default, #2 Text of Proposed Order)(Gaffigan, Stephen) |
| Filing 21 Plaintiff's NOTICE of Mediator Selection. Selected/Added Mark Stein as Mediator. (Gaffigan, Stephen) |
| Filing 20 Plaintiff's SCHEDULING REPORT - Rule 26(f) by LOUIS VUITTON MALLETIER (Gaffigan, Stephen) |
| Filing 19 Plaintiff's NOTICE by LOUIS VUITTON MALLETIER re #13 Scheduling Order,,,, Order Referring Case to Mediation,,, of Inability to Comply (Gaffigan, Stephen) |
| Filing 18 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by LOUIS VUITTON MALLETIER. All Defendants. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service)(Gaffigan, Stephen) |
| Filing 17 CERTIFICATE OF SERVICE by LOUIS VUITTON MALLETIER re #13 Scheduling Order,,,, Order Referring Case to Mediation,,, upon Defendant via Electronic Mail and via Website Posting (Gaffigan, Stephen) |
| Filing 16 Summons Issued as to THE INDIVIDUAL, BUSINESS ENTITY, OR UNINCORPORATED ASSOCIATION. (drz) |
| Filing 15 NOTICE of Filing Proposed Summons(es) by LOUIS VUITTON MALLETIER re #14 Order on Motion for Miscellaneous Relief, (Attachments: #1 Summon(s)) (Gigante, Virgilio) |
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Filing 14
ORDER GRANTING PLAINTIFFS MOTION FOR ORDER AUTHORIZING ALTERNATE SERVICE OF PROCESS ON DEFENDANT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(f)(3): granting #5 Motion Plaintiff's Motion for Alternative Service. Signed by Judge Donald M. Middlebrooks on 8/21/2023. See attached document for full details. (pc)
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| Filing 13 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 11/2/2023., Discovery due by 2/22/2024., Joinder of Parties due by 11/2/2023., In Limine Motions due by 3/7/2024., Dispositive Motions due by 3/7/2024., Motions due by 3/7/2024., Pretrial Stipulation due by 4/8/2024., Jury Trial set for 5/6/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/1/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by US Magistrate Judge Panayotta D Augustin-Birch on 8/17/2023. See attached document for full details. (pc) #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. |
| Filing 12 PAPERLESS Minute Entry for proceeding held before US Magistrate Judge Panayotta D Augustin-Birch: Scheduling Conference held on 8/17/2023. Total time in court: 0 hours : 15 minutes. Attorney Appearance: Christine Ann Daley. (sk01) |
| Filing 11 CERTIFICATE OF SERVICE by LOUIS VUITTON MALLETIER re 9 Order on Motion to Continue, upon Defendant via Electronic Mail and via Website Posting (Gaffigan, Stephen) |
| Filing 10 CERTIFICATE OF SERVICE by LOUIS VUITTON MALLETIER re #6 Order Referring Case to Magistrate Judge,,,, Scheduling Order,,, 7 Order Setting/Cancelling Hearing,,,,, upon Defendant via Electronic Mail and via Website Posting (Gaffigan, Stephen) |
| Filing 9 PAPERLESS ORDER denying #8 Plaintiff's Motion for Order Continuing the Scheduling Conference. Plaintiff seeks to continue the August 17 scheduling conference until after Defendant has been served and entered an appearance. Because of the short trial track in this matter, the scheduling conference will go forward even if Defendant has not appeared. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 8/14/2023. (sk01) |
| Filing 8 Plaintiff's MOTION to Continue the Scheduling Conference re 7 Order Setting/Cancelling Hearing,,,,, by LOUIS VUITTON MALLETIER. Responses due by 8/28/2023 (Attachments: #1 Text of Proposed Order, #2 Declaration of Virgilio Gigante in Support Thereof)(Gigante, Virgilio) |
| Filing 7 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is set in this matter on August 17, 2023, at 10:00 a.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. Any motions to modify the existing trial date should be filed two business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any motion to continue the Scheduling Conference must include at least three alternative dates on which all counsel and any pro se parties are available for a rescheduled Conference. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 8/10/2023. (sk01) |
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Filing 6
ORDER REFERRING CASE AND SETTING TRIAL DATE: REFERRING CASE to US Magistrate Judge Panayotta D Augustin-Birch to conduct a Scheduling Conference with notices (NEFs for Events only) for all filings in case. (Jury Trial set for 5/6/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/1/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 8/9/2023. See attached document for full details. (pc) #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 5 Plaintiff's MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law In Support Thereof by LOUIS VUITTON MALLETIER. (Attachments: #1 Text of Proposed Order, #2 Declaration of Stephen M. Gaffigan in Support Thereof, #3 Exhibit 1 to the Declaration of Stephen M. Gaffigan, #4 Exhibit 2 to the Declaration of Stephen M. Gaffigan)(Gaffigan, Stephen) |
| Filing 4 Plaintiff's Corporate Disclosure Statement by LOUIS VUITTON MALLETIER identifying Corporate Parent LVMH Moet Hennessy Louis Vuitton SE for LOUIS VUITTON MALLETIER (Gigante, Virgilio) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (pc) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16791002, filed by LOUIS VUITTON MALLETIER. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint Certificates of Registration for the Louis Vuitton Trademarks)(Gaffigan, Stephen) |
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| Plaintiff: LOUIS VUITTON MALLETIER | |
| Represented By: | Stephen Michael Gaffigan |
| Represented By: | Christine Ann Daley |
| Represented By: | T. Raquel Wiborg-Rodriguez |
| Represented By: | Virgilio Gigante |
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| Defendant: THE INDIVIDUAL, BUSINESS ENTITY, OR UNINCORPORATED ASSOCIATION doing business as ALLYOLOSWAG.COM doing business as ECOMHAO.COM | |
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