Tend Skin International, Inc. v. Barton & Company, Inc.
| Tend Skin International, Inc. a Florida corporation doing business as The Tend Skin Company |
| Barton & Company, Inc. |
| 0:2025cv61574 |
| August 4, 2025 |
| U.S. District Court for the Southern District of Florida |
| Ed Artau |
| Jared M Strauss |
| Trademark |
| 28 U.S.C. § 1338 Trademark Infringement |
| Defendant |
Docket Report
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This docket was last retrieved on January 27, 2026. A more recent docket listing may be available from PACER.
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| Filing 57 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Notice of Removal, #2 State Court Documents, #3 ORDER DISMISSING WITHOUT PREJUDICE AND CLOSING CASE) (drz) |
Filing 56
ORDER Dismissing Case / Closing Case. (Without Prejudice) Signed by Judge Ed Artau on 1/27/2026. See attached document for full details. (drz)
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| Filing 55 NOTICE of Voluntary Dismissal Without Prejudice by Tend Skin International, Inc. (Rosenthal, Marc) |
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Filing 54
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT terminating #42 Report and Recommendations ; granting #25 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Ed Artau on 1/26/2026. See attached document for full details. (drz)
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| Filing 53 PAPERLESS Minute Entry for proceedings held before Judge Ed Artau: Evidentiary Motion Hearing held on 1/21/2026 re #25 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE; AND INCORPORATED MEMORANDUM OF LAW filed by Barton & Company, Inc.. Total time in court: 1 hour(s) : 15 minutes. Court Reporter: Jill Wells, 305-523-5158 / [email protected]. (mg) |
| Filing 52 Plaintiff's CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): Plaintiff's Exhibits Nos. 1-10 by Marc Edward Rosenthal on behalf of Tend Skin International, Inc. (Rosenthal, Marc) |
| Filing 51 HEARING EXHIBITS PLAINTIFF'S EXHIBITS NOS. 1-10 by Tend Skin International, Inc.. (Rosenthal, Marc) |
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Filing 50
PAPERLESS ORDER granting #49 Motion for Leave to Appear Telephonically. Signed by Judge Ed Artau (mdn)
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| Filing 49 MOTION for Leave to Appear Telephonically at Evidentiary Hearing . Attorney/Representative: Krystle Delgado by Barton & Company, Inc.. Responses due by 2/3/2026. (Attachments: #1 Text of Proposed Order)(Plantain, Guyliana) |
| Filing 48 NOTICE of Service of Defendant's First Set of Discovery Requests by Barton & Company, Inc. (Plantain, Guyliana) |
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Filing 47
PAPERLESS ORDER setting this matter for an evidentiary hearing in person at the Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis Street, Courtroom 1, West Palm Beach, FL 33401, on Wednesday, January 21, 2026, beginning at 4:00 p.m. The evidentiary hearing shall be on personal jurisdiction, proper venue, and/or any other remaining issue in dispute as to #25 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE; AND INCORPORATED MEMORANDUM OF LAW filed by Barton & Company, Inc. Sixty (60) minutes have been reserved for this hearing. Signed by Judge Ed Artau (mdn)
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Filing 46
PAPERLESS ORDER granting #41 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Krystle Delgado. Signed by Judge Ed Artau (mdn)
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Filing 45
PAPERLESS Order to Vacate re 43 Order on Motion to Appear Pro Hac Vice. Signed by Judge Ed Artau (mdn)
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Filing 44
PAPERLESS ORDER granting #38 Motion for Substitution of Counsel. Attorney Guyliana Plantain added. Attorney John Christian Clough representing Barton & Company, Inc. (Defendant) terminated. Signed by Judge Ed Artau (mdn)
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Filing 43
PAPERLESS ORDER denying without prejudice and with leave to amend #41 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Krystle Delgado. Per the Clerk's Notice of Noncompliance with LR 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys as follows: Local Counsel/Movant's email is inactive, therefore they cannot receive NEFs, which is required by the Local Rules; Re 41 Motion to Appear Pro Hac Vice. Signed by Judge Ed Artau (mdn)
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| Filing 42 REPORT AND RECOMMENDATION, recommending that #25 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue be DENIED. Objections to R&R due by 12/17/2025. Signed by Magistrate Judge Jared M. Strauss on 12/3/2025. See attached document for full details. (emd) |
| Filing 41 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Krystle Delgado. Filing Fee $ 250.00 Receipt # AFLSDC-18976757 by Barton & Company, Inc.. Responses due by 12/4/2025. (Attachments: #1 Certification of Krystle Delgado, #2 Text of Proposed Order)(Plantain, Guyliana) |
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Filing 40
PAPERLESS ORDER granting #39 Unopposed Motion to Withdraw Motion to Transfer Venue, and consequently, denying as moot #26 Motion to Transfer Venue. Signed by Magistrate Judge Jared M. Strauss on 11/19/2025. (emd)
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| Filing 39 Unopposed MOTION to Withdraw Document #26 Defendant's MOTION to Change Venue DEFENDANT'S MOTION TO TRANSFER VENUE; AND INCORPORATED MEMORANDUM OF LAW by Barton & Company, Inc.. Responses due by 12/3/2025. (Attachments: #1 Text of Proposed Order)(Plantain, Guyliana) |
| Filing 38 STIPULATED MOTION for Substitution of Counsel. Substituting Guyliana Plantain for John C. Clough by Barton & Company, Inc.. Responses due by 12/1/2025. (Attachments: #1 Text of Proposed Order)(Plantain, Guyliana) |
| Filing 37 NOTICE of Attorney Appearance by Guyliana Ashley Plantain on behalf of Barton & Company, Inc.. Attorney Guyliana Ashley Plantain added to party Barton & Company, Inc.(pty:dft). (Plantain, Guyliana) |
| Filing 36 REPLY in Support of Motion re #26 Defendant's MOTION to Change Venue DEFENDANT'S MOTION TO TRANSFER VENUE; AND INCORPORATED MEMORANDUM OF LAW. filed by Barton & Company, Inc.. (Clough, John) |
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Filing 35
ORDER OF REASSIGNMENT. Case reassigned to Judge Ed Artau for all further proceedings, Judge Jacqueline Becerra no longer assigned to case. Signed by Judge Jacqueline Becerra on 10/10/2025. See attached document for full details. (vjk)
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| Filing 34 RESPONSE in Opposition re #26 Defendant's MOTION to Change Venue DEFENDANT'S MOTION TO TRANSFER VENUE; AND INCORPORATED MEMORANDUM OF LAW filed by Tend Skin International, Inc.. Replies due by 10/15/2025. (Rosenthal, Marc) |
| Filing 33 Defendant's REPLY in Support of Motion re #25 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE; AND INCORPORATED MEMORANDUM OF LAW. filed by Barton & Company, Inc.. (Clough, John) |
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Filing 32
PAPERLESS ORDER granting #31 Motion for Extension of Time. Response to #26 Motion to Transfer Venue due by 10/14/2025. Signed by Magistrate Judge Jared M. Strauss on 9/30/2025. (emd)
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| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #26 Defendant's MOTION to Change Venue DEFENDANT'S MOTION TO TRANSFER VENUE; AND INCORPORATED MEMORANDUM OF LAW by Tend Skin International, Inc.. (Rosenthal, Marc) |
| Filing 30 RESPONSE in Opposition re #25 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE; AND INCORPORATED MEMORANDUM OF LAW filed by Tend Skin International, Inc.. Replies due by 10/6/2025. (Attachments: #1 Affidavit)(Rosenthal, Marc) |
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Filing 29
ORDER REFERRING MOTIONS TO MAGISTRATE JUDGE #25 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE; AND INCORPORATED MEMORANDUM OF LAW filed by Barton & Company, Inc., #26 Defendant's MOTION to Change Venue DEFENDANT'S MOTION TO TRANSFER VENUE; AND INCORPORATED MEMORANDUM OF LAW filed by Barton & Company, Inc. Motions referred to Judge Jared M. Strauss. Signed by Judge Jacqueline Becerra on 9/17/2025. See attached document for full details. (drz)
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Filing 28
PAPERLESS ORDER. THIS CAUSE comes before the Court on sua sponte review of the record. In light of Plaintiff's Amended Complaint, ECF No. #20 , it is hereby ORDERED AND ADJUDGED that Defendant's Amended Motion to Dismiss, ECF No. #8 , and Amended Motion to Change Venue, ECF No. #9 are DENIED AS MOOT. Signed by Judge Jacqueline Becerra on 9/17/2025. (cfz)
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| Filing 27 AFFIDAVIT in Support re #26 Defendant's MOTION to Change Venue DEFENDANT'S MOTION TO TRANSFER VENUE; AND INCORPORATED MEMORANDUM OF LAW DECLARATION OF CLINTON JACKSON filed by Barton & Company, Inc.. (Clough, John) |
| Filing 26 Defendant's MOTION to Change Venue DEFENDANT'S MOTION TO TRANSFER VENUE; AND INCORPORATED MEMORANDUM OF LAW by Barton & Company, Inc.. Responses due by 9/30/2025. (Clough, John) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE; AND INCORPORATED MEMORANDUM OF LAW by Barton & Company, Inc.. Responses due by 9/29/2025. (Attachments: #1 Affidavit DECLARATION OF CLINTON JACKSON)(Clough, John) |
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Filing 24
DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 9/10/2025. See attached document for full details. (emd)
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Filing 23
ORDER SETTING TRIAL, CALENDAR CALL, REFERENCE TO MAGISTRATE JUDGE, PRETRIAL DEADLINES, AND PRETRIAL PROCEDURES: ( Jury Trial set for 1/11/2027 09:30 AM in Miami Division before Judge Jacqueline Becerra., Calendar Call set for 1/5/2027 10:00 AM in Miami Division before Judge Jacqueline Becerra.). Signed by Judge Jacqueline Becerra on 9/10/2025. See attached document for full details. (drz) #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 22 Joint SCHEDULING REPORT - Rule 16.1 by Tend Skin International, Inc. (Attachments: #1 Text of Proposed Order)(Rosenthal, Marc) |
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Filing 21
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte examination of the record. The Court's Paperless Order Regarding Procedures requires the parties to file a Joint Scheduling Report "within twenty days from the date the last Defendant enters an appearance in this action." ECF No. 4 . Defendant entered its appearance on August 5, 2025 but, to date, no Joint Scheduling Report has been filed. Accordingly, the parties are ORDERED to file their Joint Scheduling Report no later than September 9, 2025, or SHOW CAUSE in writing by such date why sanctions should not entered for failure to comply with the Court's Order. Failure to comply will result in dismissal of this case without prejudice and without further notice. Signed by Judge Jacqueline Becerra on 9/4/2025. (cfz)
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| Filing 20 First AMENDED COMPLAINT against All Defendants, filed by Tend Skin International, Inc..(Cummings, Casey) |
| Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement by Tend Skin International, Inc. (Rosenthal, Marc) |
| Filing 18 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed CERTIFICATE OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT by Barton & Company, Inc. (Clough, John) |
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Filing 17
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte review of the record. This Court's Paperless Order Regarding Procedures (the "Order"), ECF No. 4 , required each of the parties, by no later than fifteen days from the date the last defendant enters an appearance in this action, to file a Certificate of Interested Parties and Corporate Disclosure Statement that contains 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 last Defendant to enter an appearance in this action did so on August 5, 2025. See ECF No. #5 . However, to date, neither party has filed their Certificate of Interested Parties and Corporate Disclosure Statement in compliance with the Order. Accordingly, it is hereby ORDERED AND ADJUDGED that Plaintiff and Defendant shall file their respective Certificate of Interested Parties and Corporate Disclosure Statements in compliance with the Order by no later than September 3, 2025 or SHOW CAUSE in writing by such date why this action should not be dismissed. Failure to comply will result in dismissal of this case without prejudice and without further notice. Signed by Judge Jacqueline Becerra on 8/29/2025. (cfz)
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Filing 16
PAPERLESS ORDER granting #15 Unopposed Motion for Extension of Time. Plaintiff's responses to DE #8 and #9 are now due by 9/11/2025. Signed by Magistrate Judge Jared M. Strauss on 8/25/2025. (emd)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 Amended MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), #5 Notice (Other) OF CORRECTED FILING OF THE STATE COURT RECORDS, #9 Amended MOTION to Change Venue Defendant's Motion To Transfer Venue by Tend Skin International, Inc.. (Attachments: #1 Text of Proposed Order)(Rosenthal, Marc) |
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Filing 14
ORDER REFERRING MOTIONS TO MAGISTRATE JUDGE #8 Amended MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), #5 Notice (Other) OF CORRECTED FILING OF THE STATE COURT RECORDS filed by Barton & Company, Inc., #9 Amended MOTION to Change Venue Defendant's Motion To Transfer Venue filed by Barton & Company, Inc.. Motions referred to Judge Jared M. Strauss. Signed by Judge Jacqueline Becerra on 8/20/2025. See attached document for full details. (drz)
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Filing 13
PAPERLESS ORDER. In light of the Amended Motion to Dismiss, ECF No. #8 , and Amended Motion to Change Venue, ECF No. #9 , the Motion to Dismiss, ECF No. #6 , and Motion to Change Venue, ECF No. #7 , are hereby DENIED AS MOOT. Signed by Judge Jacqueline Becerra on 8/20/2025. (cfz)
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| Filing 12 NOTICE of Attorney Appearance by Marc Edward Rosenthal on behalf of Tend Skin International, Inc.. Attorney Marc Edward Rosenthal added to party Tend Skin International, Inc.(pty:pla). (Rosenthal, Marc) |
| Filing 11 NOTICE of Attorney Appearance by Casey Ryan Cummings on behalf of Tend Skin International, Inc.. Attorney Casey Ryan Cummings added to party Tend Skin International, Inc.(pty:pla). (Cummings, Casey) |
| Filing 10 CERTIFICATE OF SERVICE by Barton & Company, Inc. NOTICE OF SERVICE OF DECLARATION OF CLINTON JACKSON IN SUPPORT OF DEFENDANT BARTON & COMPANY, INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE [ECF 8] AND, IN THE ALTERNATIVE, MOTION TO TRANSFER VENUE [ECF 9] (Clough, John) |
| Filing 9 Amended MOTION to Change Venue Defendant's Motion To Transfer Venue by Barton & Company, Inc.. Responses due by 8/28/2025. (Clough, John) |
| Filing 8 Amended MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), #5 Notice (Other) OF CORRECTED FILING OF THE STATE COURT RECORDS by Barton & Company, Inc.. Responses due by 8/28/2025. (Clough, John) |
| Filing 7 Defendant's MOTION to Change Venue Defendant's Motion To Transfer Venue by Barton & Company, Inc.. Responses due by 8/25/2025. (Clough, John) |
| Filing 6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), Defendant's Motion to Dismiss Plaintiff's Complaint And Incorporated Memorandum of Law by Barton & Company, Inc.. Responses due by 8/25/2025. (Attachments: #1 Declaration of Clinton Jackson In Support Of Defedant Barton & Company, Inc.'s Motion To Dismiss For Lack of Personal Jurisdiction and Improper Venue)(Clough, John) |
| Filing 5 NOTICE OF CORRECTED FILING OF THE STATE COURT RECORDS by Barton & Company, Inc. re #1 Notice of Removal (State Court Complaint), (Clough, John) |
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Filing 4
PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment, if applicable, shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, 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 must not include the undersigned or the assigned Magistrate Judge as interested parties 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. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 6. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 8/5/2025. (cfz)
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| Filing 3 Clerk's Notice to Filer re: Electronic Case. State Court Records not included. Filer is instructed to file a Notice (Other) with the State Court Records attached within 24 hours. (caw) |
| Filing 2 Clerk's Notice of Judge Assignment to Judge Jacqueline Becerra. 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. (caw) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Seventeenth Judicial Circuit in and for Broward County) Filing fee $ 405.00 receipt number BFLSDC-18674545, filed by Barton & Company, Inc. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Rule 7.1 Corporate Disclosure Statement)(Clough, John) Modified text on 8/5/2025: NO State Court Complaint or other State Court filing attached (caw). |
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| Defendant: Barton & Company, Inc. | |
| Represented By: | Guyliana Ashley Plantain |
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| Plaintiff: Tend Skin International, Inc. a Florida corporation doing business as The Tend Skin Company | |
| Represented By: | Marc Edward Rosenthal |
| Represented By: | Casey Ryan Cummings |
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