Chanel, Inc. v. 24/7 Go Live
| Chanel, Inc. |
| 24/7 Go Live |
| 0:2023cv62181 |
| November 16, 2023 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Trademark |
| 28 U.S.C. § 1331 Fed. Question: Trademark |
| None |
Docket Report
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Filing 22
PAPERLESS ORDER granting Plaintiff relief from the Court's December 22, 2023 Order Directing Clerk to Enter Default ("Order"), #15 , and associated deadlines, and vacating the Clerk's Entry of Default as to Defendant 24/7 Go Live ("Clerk's Default"), #16 . On January 1, 2024, Plaintiff filed a Motion for Relief from Order Directing Clerk to Enter Default ("Relief Motion"), #19 , requesting relief from the Order, Rel. Mot. at 4, which had required Plaintiff to file a Motion for Default Judgment within 10 days of the Clerk's Entry of Default. Order at 2. In support of the requested relief, Plaintiff's Motion stated that Plaintiff had attempted three times, each unsuccessful, to serve a copy of the Summons and Complaint upon Defendant. Rel. Mot. at 2. Accordingly, "Plaintiff believes that, because Defendant has not yet been served with the Summons and Complaint, Defendant's time to respond to the Complaint has not expired." Rel. Mot. at 3. After reviewing the Relief Motion, on January 2, 2024, the Court issued a Paperless Order Requiring Clarification, [ECF No. 20], concerning the Relief Motion's assertions as to service. On January 5, 2024, Plaintiff filed its Motion for Clarification ("Clarification Motion"), #21 , in which Plaintiff responded to the Court's inquires and clarified that the Defendant had in fact been served with a copy of the Complaint, #21 at 2-3, but had not yet been served with the Summons and therefore had not been adequately served with Process, #21 at 5. Accordingly, Plaintiff maintains that Defendant's time to respond to the Complaint pursuant to Fed. R. Civ. P. 12 has not yet expired. In light of the assertions in Plaintiff's Relief Motion and Clarification Motion, and because it is Plaintiff who stands to benefit from Defendant's Default, the Court finds there is good cause to set aside the Clerk's Default as to Defendant pursuant to Fed. R. Civ. P. 55(c). See Fla. Physicians Ins. Co., Inc. v. Ehlers, 8 F.3d 780, 783 (11th Cir. 1993) (explaining that defaults are seen with disfavor because of the strong policy of determining cases on their merits); Trinity Aviation Services, Ltd. v. Lopez, 635 F. Appx 853, 854 (11th Cir. 2016) (noting a district court may set aside an entry of default for good cause).Accordingly, the Clerk's Entry of Default as to Defendant 24/7 Go Live, [ECF No. 16], is hereby VACATED. Plaintiff is RELIEVED from the Court's December 22, 2023 Order, #15 . This matter shall remain ADMINISTRATIVELY CLOSED pending effectuated service on Defendant and the filing of a responsive pleading. Plaintiff shall file Proof of Service on the public docket as soon as it becomes available. Signed by Judge Rodolfo A. Ruiz, II on 1/6/2024. (kgs)
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Filing 21
Plaintiff's MOTION for clarification 20 Order,,,,,,,,,,,,,,,,, by Chanel, Inc.. Responses due by 1/19/2024 (Gaffigan, Stephen) Term'd motion per chambers on 1/8/2024 (mf).
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Filing 20
PAPERLESS ORDER REQUIRING CLARIFICATION. On January 1, 2024, Plaintiff Chanel, Inc. filed a Motion for Relief from Order Directing Clerk to Enter Default ("Motion"), #19 . Specifically, Plaintiff 1) requests relief from the Court's December 22, 2023 Order Directing Clerk to Enter Default, #15 , and 2) asks the Court to vacate the Clerk's Entry of Default against Defendant 24/7 Go Live. Mot. at 4. In support, Plaintiff claims that Defendant has not yet been served with the Summons and Complaint and therefore Defendant's time to respond to the Complaint has not yet expired. Mot. at 3. Accordingly, Plaintiff concludes that "the Court mistakenly or inadvertently determined December 21, 2023, to be Defendant's deadline to respond, and prematurely issued its Order." Id.Upon reviewing Plaintiff's Motion and the record, the Court requires clarification concerning several aspects of Plaintiff's Motion. First, as Plaintiff correctly notes, Mot. at 1-2, the Court's November 17, 2023 Order granting Plaintiff's Ex Parte TRO ("TRO Order"), #6 , directed Plaintiff to "serve copies of the Complaint, the Motion for Temporary Restraining Order, and this Order, on the Defendant via its corresponding e-mail address and/or online contact form or other means of electronic contact provided on the Seller Platform, or by providing a copy of this Order by e-mail to the registrars of record for the Seller Platform so that they, in turn, notify Defendant of the Order, or by other means reasonably calculated to give notice which is permitted by the Court." TRO Order at 11. However, the Court's TRO Order also added "[i]n addition, Plaintiff shall post copies of the Complaint, the Motion for Temporary Restraining Order, and this Order, as well as all other documents filed in this action on the website located at the URL http://servingnotice.com/chsq3Q/index.html and shall provide the address to the website to Defendant via e-mail/online contact form, and such notice so given shall be deemed good and sufficient service thereof." Id. In an apparent attempt to comply with these commands, Plaintiff filed a Certificate of Service on November 30, 2023, [9-1], stating that on November 19, 2023, Plaintiffs agent "served true and accurate copies" of the Courts TRO Order "on Defendant, its member sellers, officers, directors and agents via Defendants corresponding email addresses, social media, including private messaging applications and/or services." [9-1] at 1. The same day, Plaintiff also filed a Certificate of Service, #10 , including a signed declaration from Plaintiff's counsel appended, stating that "[o]n November 20, 2023, [Plaintiff's counsel] posted copies of the following documents on the website https://servingnotice.com/chsq3Q/index.html, in compliance with this Court's Order dated November 17, 2023 [D.E. 6]." #10 at 1. The first document listed is the Complaint. Id. Finally, on November 30, 2023, a representative of the Defendant contacted Chambers inquiring about responding to the Complaint, claiming that she had received the Complaint but that the version she had seen was partially cut off and illegible. The same representative appeared at the Preliminary Injunction Hearing on December 1, 2023. [ECF No. 11].In light of the above, it is unclear to the Court why Plaintiff now claims that service has not yet been effectuated. Accordingly, on or before January 5, 2024, Plaintiff's counsel shall file a Motion to Clarify not to exceed five (5) pages clarifying the following issues: 1) Why Plaintiff's counsel did not fully comply with the Court's TRO Order and serve copies of the Complaint on Defendant along with the TRO Motion and Order; 2) Why Plaintiff's counsel's posting of the required documents to https://servingnotice.com/chsq3Q/index.html did not constitute "good and sufficient service" as stated in the TRO Order, TRO Order at 11; and 3) Why the appearance of Defendant's representative at the Preliminary Injunction Hearing does not sufficiently evidence effectuated service. Signed by Judge Rodolfo A. Ruiz, II on 1/2/2024. (kgs)
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Filing 19
Plaintiff's MOTION for Relief from Order Directing Clerk to Enter Default re #15 Order Directing Clerk to Enter Default, Administrative Order by Chanel, Inc.. (Attachments: #1 Declaration of Stephen M. Gaffigan in Support Thereof, #2 Text of Proposed Order)(Gaffigan, Stephen) Modified on 1/8/2024 (mf).
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Filing 18
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 ORDER DIRECTING CLERK TO ENTER DEFAULT) (drz)
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Filing 17
CLERK'S NOTICE of Compliance re #15 Order Directing Clerk to Enter Default, Administrative Order. (Default entered on 24/7 Go Live) (drz)
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Filing 16
Vacated per Order DE#22-Clerk's Entry of Default as to 24/7 Go Live Signed by DEPUTY CLERK on 12/22/2023. (drz) Modified text on 1/8/2024 (drz).
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Filing 15
Order Directing Clerk to Enter Default(s) as to 24/7 Go Live, Administrative Order Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 12/22/2023. See attached document for full details. (drz)
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Filing 14
Summons Issued as to 24/7 Go Live. (kpe)
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Filing 13
NOTICE of Filing Proposed Summons(es) by Chanel, Inc. (Attachments: #1 Summon(s)) (Gaffigan, Stephen)
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Filing 12
ORDER GRANTING MOTION FOR ENTRY OF PRELIMINARY INJUNCTION. Signed by Judge Rodolfo A. Ruiz, II on 12/3/2023. See attached document for full details. (kgs)
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Filing 11
PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Motion Hearing held on 12/1/2023 re #5 Plaintiff's EX PARTE MOTION Expedited Motion For Entry of Temporary Restraining Order and Preliminary Injunction Against Defendant and Memorandum of Law in Support Thereof filed by Chanel, Inc.. Order to follow. Attorney Appearance(s): Stephen Michael Gaffigan, T. Raquel Wiborg-Rodriguez, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. (gp)
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Filing 10
CERTIFICATE OF SERVICE by Chanel, Inc. re #4 Certificate of Other Affiliates/Corporate Disclosure Statement, #3 Form AO 120/121, 2 Clerks Notice of Judge Assignment, #6 Order on Ex Parte Motion,,, #1 Complaint, #5 Plaintiff's EX PARTE MOTION Expedited Motion For Entry of Temporary Restraining Order and Preliminary Injunction Against Defendant and Memorandum of Law in Support Thereof upon Defendant via website posting (Gaffigan, Stephen)
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Filing 9
Plaintiff's NOTICE by Chanel, Inc. re #6 Order on Ex Parte Motion,,, upon Defendants via Electronic Mail (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen)
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Filing 8
Plaintiff's Notice of Filing Seizure Bond in the amount of $10000.00 posted by Chanel, Inc. Approved by Judge Rodolfo A. Ruiz, II. (pc)
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Filing 7
CLERK'S NOTICE of Compliance by Unsealing document #5 pursuant to DE #6 Order. (kpe)
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Filing 6
ORDER Granting Plaintiff's #5 Ex Parte Expedited Motion For Entry Of Temporary Restraining Order And Setting Hearing On Motion For Preliminary Injunction. The Clerk is directed to UNSEAL all docket entries in this case. (Preliminary Injunction Hearing set for 12/1/2023 11:30 AM before Judge Rodolfo A. Ruiz II.)Order Setting Hearing on Preliminary Injunction. The parties are instructed to call 1-305-990-2559 by no later than 11:25 A.M. on December 1, 2023. The phone conference ID is 430 599 057#. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible, for clarity.Signed by Judge Rodolfo A. Ruiz, II on 11/17/2023. See attached document for full details. (kpe)
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Filing 5
Plaintiff's EX PARTE MOTION Expedited Motion For Entry of Temporary Restraining Order and Preliminary Injunction Against Defendant and Memorandum of Law in Support Thereof by Chanel, Inc.. (Attachments: #1 Declaration of Elizabeth Han in Support Thereof, #2 Declaration of Stephen M. Gaffigan in Support Thereof, #3 Declaration of Eric Rosaler in Support Thereof, #4 Exhibit 1 to the Declaration of Eric Rosaler, #5 Text of Proposed Order) (Gaffigan, Stephen) Modified by Unsealing documents on 11/17/2023 per DE #6 Order (kpe).
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Filing 4
Plaintiff's Corporate Disclosure Statement by Chanel, Inc. (Gaffigan, Stephen)
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Filing 3
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint) (wce)
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Filing 2
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. 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. (wce)
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Filing 1
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELEIF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-17079080, filed by Chanel, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint Certificates of Registration for the Chanel Trademarks, #3 Exhibit 2 to Complaint, #4 Exhibit 3 to Complaint)(Gaffigan, Stephen)
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| Plaintiff: Chanel, Inc. | |
| Represented By: | T. Raquel Wiborg-Rodriguez |
| Represented By: | Virgilio Gigante |
| Represented By: | Christine Ann Daley |
| Represented By: | Stephen Michael Gaffigan |
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| Defendant: 24/7 Go Live | |
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