BRECKA v. THE INDIVIDUALS, ENTITIES, and UNINCORPORATED ASSOCIATIONS
Plaintiff: GARY BRECKA
Defendant: THE INDIVIDUALS, ENTITIES, and UNINCORPORATED ASSOCIATIONS doing business as GOT HYDRO WATER BOTTLE
Case Number: 0:2024cv61645
Filed: September 5, 2024
Court: US District Court for the Southern District of Florida
Presiding Judge: Raag Singhal
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Trademark
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2024 Filing 15 Plaintiff's MOTION for Default Judgment (Final) by GARY BRECKA. (Attachments: #1 Exhibit 1 - Declaration of Gary Brecka, #2 Exhibit 2 - Declaration of Geoffrey Lottenberg as to Attorneys' Fees, #3 Text of Proposed Order Proposed Order, #4 Proposed Final Judgment)(Lottenberg, Geoffrey)
October 8, 2024 Filing 14 PAPERLESS Minute Entry for Preliminary Injunction Hearing held before Judge Raag Singhal: Hearing held on 10/8/2024. Total time in court: 0 hour(s) : 10 minutes. Order forthcoming. Attorney Appearance(s): Geoffrey Lottenberg. No appearance for the Defense. Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (nni)
October 8, 2024 Opinion or Order Filing 13 PAPERLESS ORDER re-setting Preliminary Injunction hearing via Zoom. Hearing is set for 10/8/2024 at 11:30 a.m. via Zoom. The parties can access the Preliminary Injunction Hearing using the following link: # Zoom Link Meeting ID: 160 440 3561Password: 7546If the link does not work, paste this link information into your address bar and go: https://www.zoomgov.com/j/1604403561?pwd=kzosCY1lhIoYpAavObBRx3anHFH0ch.1 Signed by Judge Raag Singhal on 10/8/2024. (pb00)
October 7, 2024 Filing 12 Clerk's Entry of Default as to GOT HYDRO WATER BOTTLE Granting #11 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 10/7/2024. (wce)
October 7, 2024 Filing 11 Plaintiff's MOTION for Clerk's Entry of Default as to All Defendants by GARY BRECKA. (Lottenberg, Geoffrey)
September 24, 2024 Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by GARY BRECKA. THE INDIVIDUALS, ENTITIES, and UNINCORPORATED ASSOCIATIONS served on 9/13/2024, response/answer due 10/4/2024. (Lottenberg, Geoffrey)
September 23, 2024 Opinion or Order Filing 9 ORDER ON #5 PLAINTIFF'S APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Plaintiff's Motion (DE #5 ) is GRANTED. Any response or opposition to Plaintiff's Motion for Preliminary Injunction must be filed and served on Plaintiff''s counsel by October 4, 2024. Plaintiff shall file any Reply Memorandum on or before October 7, 2024. Preliminary Injunction Hearing set for 10/8/2024 11:30 AM in Fort Lauderdale Division before Judge Raag Singhal. Signed by Judge Raag Singhal on 9/23/2024. See attached document for full details. (wce)
September 10, 2024 Filing 8 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by GARY BRECKA (Lottenberg, Geoffrey)
September 7, 2024 Opinion or Order Filing 7 PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 9/7/2024. (nni)
September 7, 2024 Filing 6 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to 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 (and responses). Motions for Extension of Time Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Labeling Exhibits on CM/ECF Exhibits to pleadings and motions shall be docketed in accordance with the Court's CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Notices of Settlement Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 9/7/2024. (nni)
September 6, 2024 Filing 5 Plaintiff's MOTION for Temporary Restraining Order ( Responses due by 9/20/2024.), MOTION for Preliminary Injunction by GARY BRECKA. (Attachments: #1 Exhibit A - Declaration of Geoffrey Lottenberg in Support of Plaintiff's Application for Entry of Temporary Restraining Order, #2 Text of Proposed Order)(Lottenberg, Geoffrey)
September 6, 2024 Filing 4 Summons Issued as to THE INDIVIDUALS, ENTITIES, and UNINCORPORATED ASSOCIATIONS. (wce)
September 5, 2024 Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint with Exhibits) (wce)
September 5, 2024 Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. 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. (wce)
September 5, 2024 Filing 1 COMPLAINT (Verified) against THE INDIVIDUALS, ENTITIES, and UNINCORPORATED ASSOCIATIONS d/b/a GOT HYDRO WATER BOTTLE. Filing fees $ 405.00 receipt number AFLSDC-17813053, filed by GARY BRECKA. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Screenshots of Ads, #4 Exhibit B - Screenshot of Business Account)(Lottenberg, Geoffrey)

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Plaintiff: GARY BRECKA
Represented By: William Perry Hicks
Represented By: Geoffrey Lottenberg
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Defendant: THE INDIVIDUALS, ENTITIES, and UNINCORPORATED ASSOCIATIONS doing business as GOT HYDRO WATER BOTTLE
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