Southwestern MFG, LLC v. Wilmar, LLC et al
| Southwestern MFG, LLC |
| Wilmar, LLC, Advance Stores Company, Incorporated Advance Stores Company, Incoporated dba Advance Auto Parts doing business as Advance Auto Parts, Menards, Inc., Blain Supply, Inc., Theisen Supply Inc. and Advance Stores Company, Incorporated doing business as Advance Auto Parts |
| 0:2023cv61687 |
| August 31, 2023 |
| US District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
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Filing 23
ORDER GRANTING #21 , #22 MOTIONS TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING.William C. Rava and Jeremy L. Buxbaum may appear and participate in this action on behalf of Defendants, Wilmar LLC, Advance Stores Company, Incorporated d/b/a Advanced Auto Parts, Menard, Inc., and Blain Supply, Inc. Signed by Judge William P. Dimitrouleas on 10/19/2023. See attached document for full details. (rbe)
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| Filing 22 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeremy L. Buxbaum. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #16 Motion to Appear Pro Hac Vice, by Advance Stores Company, Incorporated, Blain Supply, Inc., Menards, Inc., Wilmar, LLC. Responses due by 11/2/2023 (Attachments: #1 Exhibit A-Certificate of Good Standing, #2 Text of Proposed Order Proposed Order Granting Pro Hac Motion)(Sammataro, James) |
| Filing 21 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William C. Rava. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #15 Motion to Appear Pro Hac Vice, by Advance Stores Company, Incorporated, Blain Supply, Inc., Menards, Inc., Wilmar, LLC. Responses due by 11/2/2023 (Attachments: #1 Exhibit A-Certificate of Good Standing, #2 Text of Proposed Order)(Sammataro, James) |
| Attorney Jeremy L. Buxbaum representing Wilmar, LLC (Defendant) and Advance Stores Company, Incorporated (Defendant) and Menards, Inc. (Defendant); and Blain Supply, Inc. (Defendant); ; Attorney William C. Rava representing Wilmar, LLC (Defendant) and Advance Stores Company, Incorporated (Defendant); and Menards, Inc. (Defendant); and Blain Supply, Inc. (Defendant); Activated. (pt) |
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Filing 20
ORDER DENYING MOTIONS WITHOUT PREJUDICE. Accordingly, it is hereby ORDERED AND ADJUDGED that the Motions [DE's #15 , #16 ] are hereby DENIED without prejudice. Signed by Judge William P. Dimitrouleas on 10/17/2023. See attached document for full details. (rbe)
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| Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Theisen Supply Inc. (Lew, Isaac) |
| Filing 18 Defendant's Corporate Disclosure Statement by Advance Stores Company, Incorporated, Blain Supply, Inc., Menards, Inc., Wilmar, LLC identifying Corporate Parent Wilmar Equity Holdings, LLC for Wilmar, LLC; Other Affiliate Advance Stores Company, Incorporated for Advance Stores Company, Incorporated (Sammataro, James) |
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Filing 17
ORDER GRANTING #14 UNOPPOSED MOTION TO EXTEND DEADLINES FOR DEFENDANTS TO RESPOND TO COMPLAINT. Defendants shall have up to and including November 20, 2023 to respond to the Complaint. Signed by Judge William P. Dimitrouleas on 10/16/2023. See attached document for full details. (rbe)
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| Filing 16 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeremy L. Buxbaum. Filing Fee $ 200.00 Receipt # AFLSDC-16993927 by Advance Stores Company, Incorporated, Blain Supply, Inc., Menards, Inc., Wilmar, LLC. Responses due by 10/27/2023 (Attachments: #1 Text of Proposed Order Proposed Order Granting Pro Hac Vice Motion)(Sammataro, James) |
| Filing 15 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William C. Rava. Filing Fee $ 200.00 Receipt # AFLSDC-16993924 by Advance Stores Company, Incorporated, Blain Supply, Inc., Menards, Inc., Wilmar, LLC. Responses due by 10/27/2023 (Attachments: #1 Text of Proposed Order Proposed Order Granting Pro Hac Vice Motion)(Sammataro, James) |
| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, by Advance Stores Company, Incorporated, Blain Supply, Inc., Menards, Inc., Theisen Supply Inc., Wilmar, LLC. Attorney James George Sammataro added to party Advance Stores Company, Incorporated(pty:dft), Attorney James George Sammataro added to party Blain Supply, Inc.(pty:dft), Attorney James George Sammataro added to party Menards, Inc.(pty:dft), Attorney James George Sammataro added to party Theisen Supply Inc.(pty:dft), Attorney James George Sammataro added to party Wilmar, LLC(pty:dft). (Sammataro, James) |
| 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 Southwestern MFG, LLC. Wilmar, LLC served on 9/27/2023, response/answer due 10/18/2023. (Rothman, Joel) |
| Filing 12 NOTICE of Attorney Appearance by Isaac Salomon Lew on behalf of Theisen Supply Inc.. Attorney Isaac Salomon Lew added to party Theisen Supply Inc.(pty:dft). (Lew, Isaac) |
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Filing 11
Order Granting #10 Motion To Appear Pro Hac Vice, Consent To Designation, And Request To Electronically Receive Notices Of Electronic Filing. Matthew Laurence Rollin may appear and participate in this action on behalf of Plaintiff. Signed by Judge William P. Dimitrouleas on 10/6/2023. See attached document for full details. (rbe)
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| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew Laurence Rollin. Filing Fee $ 200.00 Receipt # AFLSDC-16973040 by Southwestern MFG, LLC. Responses due by 10/19/2023 (Attachments: #1 Declaration of Matthew L. Rollin, #2 Text of Proposed Order)(Rothman, Joel) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Southwestern MFG, LLC. Blain Supply, Inc. served on 9/26/2023, response/answer due 10/17/2023. (Rothman, Joel) |
| 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 Southwestern MFG, LLC. Advance Stores Company, Incorporated served on 9/22/2023, response/answer due 10/13/2023. (Rothman, Joel) |
| 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 Southwestern MFG, LLC. Menards, Inc. served on 9/22/2023, response/answer due 10/13/2023. (Rothman, Joel) |
| 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 Southwestern MFG, LLC. Theisen Supply Inc. served on 9/26/2023, response/answer due 10/17/2023. (Rothman, Joel) |
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Filing 5
Order Requiring Counsel To Meet, File Joint Scheduling Report And Joint Discovery Report. Signed by Judge William P. Dimitrouleas on 9/5/2023. See attached document for full details. (rbe)
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| Filing 4 Summons Issued as to Advance Stores Company, Incorporated, Blain Supply, Inc., Menards, Inc., Theisen Supply Inc., Wilmar, LLC. (rbe) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. 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. (rbe) |
| Filing 1 COMPLAINT for Damages and Injunctive Relief against Advance Stores Company, Incorporated, Blain Supply, Inc., Menards, Inc., Theisen Supply Inc., Wilmar, LLC. Filing fees $ 402.00 receipt number AFLSDC-16887503, filed by Southwestern MFG, LLC. (Attachments: #1 Exhibit 1 - Trademark Registration, #2 Exhibit 2 - Declartion of Incontestability, #3 Exhibit 3 - Trade Dress Registration, #4 Exhibit 4 - Declaration of Incontestability, #5 Exhibit 5 - AAP Evidence, #6 Exhibit 6 - Blain Evidence, #7 Exhibit 7 - Theisen Evidence, #8 Exhibit 8 - Menard Evidence, #9 Civil Cover Sheet, #10 Report on the Filing of an Action Regarding a Trademark, #11 Summon(s) 1, #12 Summon(s) 2, #13 Summon(s) 3, #14 Summon(s) 4, #15 Summon(s) 5, #16 Certificate of Interested Parties - Corporate Disclosure)(Rothman, Joel) |
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