TracFone Wireless, Inc. v. Nektova Group, LLC et al
| TracFone Wireless, Inc. |
| Nektova Group, LLC, Yaacov Sommer, Sol Fischer, Yakov Anisfeld, Nektova Group FL LLC, Benjamin Winkler and Moshe Cohen |
| 1:2019cv20135 |
| January 10, 2019 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Jonathan Goodman |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 42 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 3/15/2019 05:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Bernstein, Michael) |
| Filing 41 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Yakov Anisfeld, Moshe Cohen, Sol Fischer, Nektova Group FL LLC, Nektova Group, LLC, Yaacov Sommer. Attorney Michael Ira Bernstein added to party Moshe Cohen(pty:dft). Responses due by 3/22/2019 (Bernstein, Michael) |
| Filing 40 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Nektova Group FL LLC (Bernstein, Michael) |
| Filing 39 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Nektova Group, LLC (Bernstein, Michael) |
Filing 38
ORDER that Defendants shall comply with the February 6, 2019 Order [ECF No. 24] by March 6, 2019. Signed by Judge Cecilia M. Altonaga on 3/4/2019. See attached document for full details. (wc)
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| Filing 37 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Nektova Group FL LLC (Bernstein, Michael) |
| Filing 36 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Nektova Group, LLC (Bernstein, Michael) |
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Filing 35
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 1/6/2020 before Judge Cecilia M. Altonaga., Calendar Call set for 12/31/2019 09:00 AM before Judge Cecilia M. Altonaga.),( Mediation Deadline 9/16/2019.) Signed by Judge Cecilia M. Altonaga on 03/1/2019. See attached document for full details. (jao) #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 34 Certificate of Other Affiliates/Corporate Disclosure Statement by TracFone Wireless, Inc. identifying Corporate Parent Sercotel, S.A. de C.V., Corporate Parent AMX USA Holding, S.A. de C.V., Corporate Parent America Movil, S.A.B. de C.V. for TracFone Wireless, Inc. (Weiss, Aaron) |
| Filing 33 Joint SCHEDULING REPORT - Rule 16.1 by TracFone Wireless, Inc. (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Weiss, Aaron) |
| Filing 32 SUMMONS (Affidavit) Returned Executed on #15 Amended Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by TracFone Wireless, Inc.. Benjamin Winkler served on 2/15/2019, answer due 3/8/2019. (Attachments: #1 Exhibit A - Affidavit of Service as to Benjamin Winkler)(Weiss, Aaron) |
| Filing 31 SUMMONS (Affidavit) Returned Executed on #15 Amended Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by TracFone Wireless, Inc.. Moshe Cohen served on 2/15/2019, answer due 3/8/2019. (Attachments: #1 Exhibit A - Affidavit of Service as to Moshe Cohen)(Weiss, Aaron) |
| Filing 30 SUMMONS (Affidavit) Returned Executed on #15 Amended Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by TracFone Wireless, Inc.. Nektova Group FL LLC served on 2/11/2019, answer due 3/4/2019. (Attachments: #1 Exhibit A - Affidavit of Service as to Nektova Group FL LLC)(Weiss, Aaron) |
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Filing 29
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER Signed by Magistrate Judge Jonathan Goodman on 2/15/2019. See attached document for full details. (tb)
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Filing 28
ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Jonathan Goodman for discovery. the #27 Motion to Quash or for a Protective Order and Incorporated Memorandum in Support is denied. Signed by Judge Cecilia M. Altonaga on 2/15/2019. See attached document for full details. (ps1)
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| Filing 27 Defendant's MOTION to Quash or for a Protective Order by Nektova Group, LLC. (Attachments: #1 Exhibit A Subpoena to Bank of America)(Bernstein, Michael) |
| Filing 26 NOTICE of Attorney Appearance by Michael Ira Bernstein on behalf of Yakov Anisfeld, Sol Fischer, Nektova Group, LLC, Yaacov Sommer. Attorney Michael Ira Bernstein added to party Yakov Anisfeld(pty:dft), Attorney Michael Ira Bernstein added to party Sol Fischer(pty:dft), Attorney Michael Ira Bernstein added to party Nektova Group, LLC(pty:dft), Attorney Michael Ira Bernstein added to party Yaacov Sommer(pty:dft). (Bernstein, Michael) |
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Filing 25
ORDER that Defendants shall not file responses until all Defendants have been served or have waived service. Defendants shall submit a single combined response or separate answers within the time permitted the last served Defendant to respond to the Complaint [ECF No. 1]. Signed by Judge Cecilia M. Altonaga on 2/7/2019. See attached document for full details. (wc)
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Filing 24
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 3/1/2019. Signed by Judge Cecilia M. Altonaga on 2/6/2019. See attached document for full details. (ps1)
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| Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by TracFone Wireless, Inc.. Sol Fischer served on 1/31/2019, answer due 2/21/2019. (Attachments: #1 Exhibit A - Affidavit of Service as to Sol Fischer)(Weiss, Aaron) |
| Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by TracFone Wireless, Inc.. Yaacov Sommer served on 1/24/2019, answer due 2/14/2019. (Attachments: #1 Exhibit A - Affidavit of Service as to Yaacov Sommer)(Weiss, Aaron) |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by TracFone Wireless, Inc.. Yakov Anisfeld served on 1/21/2019, answer due 2/11/2019. (Attachments: #1 Exhibit A - Affidavit of Service as to Yakov Anisfeld)(Weiss, Aaron) |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by TracFone Wireless, Inc.. Nektova Group, LLC served on 1/28/2019, answer due 2/19/2019. (Attachments: #1 Exhibit A - Affidavit of Service as to Nektova Group, LLC)(Weiss, Aaron) |
| Filing 19 Summons Issued as to Moshe Cohen, Nektova Group FL LLC, Benjamin Winkler. (pes) |
| Filing 18 NOTICE of Compliance regarding service of expedited discovery order by TracFone Wireless, Inc. re #12 Order on Motion to Expedite (Weiss, Aaron) |
| Filing 17 NOTICE of Filing Proposed Summons(es) by TracFone Wireless, Inc. re #15 Amended Complaint,, filed by TracFone Wireless, Inc. (Attachments: #1 Exhibit A - Proposed Summons as to Defendant Nektova Group FL LLC, #2 Exhibit B - Proposed Summons as to Defendant Moshe Cohen, #3 Exhibit C - Proposed Summons as to Defendant Benjamin Winkler) (Weiss, Aaron) |
| Filing 16 STATUS REPORT regarding service of process by TracFone Wireless, Inc. (Weiss, Aaron) |
| Filing 15 First AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF AND FED. R. CIV. P. 38 DEMAND FOR JURY TRIAL against All Defendants, filed by TracFone Wireless, Inc.. (Attachments: #1 Exhibit A - TracFone Trademarks, #2 Exhibit B- TracFone Terms and Conditions, #3 Exhibit C - Declaration of Sair Ali, #4 Exhibit D - Photographs of Nektova's Warehouse, #5 Exhibit E - Whatsapp Inventory of Devices, #6 Exhibit F - Invoice and Photographs from Investigation, #7 Exhibit G - Exemplar Final Judgments and Injunctions, #8 Exhibit H - Exemplar Contempt Orders, #9 Exhibit I - Materials Relating to Phone Trafficking)(Weiss, Aaron) |
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Filing 14
ORDER that on or before April 10, 2019, Plaintiff shall perfect service upon the Defendants. Signed by Judge Cecilia M. Altonaga on 2/4/2019. See attached document for full details. (ps1)
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| Filing 13 Summons Issued as to Yakov Anisfeld, Sol Fischer, Yaacov Sommer. (pes) |
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Filing 12
ORDER GRANTING TRACFONE'S #5 MOTION FOR LIMITED EXPEDITED DISCOVERY. Signed by Magistrate Judge Jonathan Goodman on 1/11/2019. See attached document for full details. (jdo)
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| Filing 11 Corporate Disclosure Statement by TracFone Wireless, Inc. identifying Corporate Parent Sercotel, S.A. de C.V., Corporate Parent AMX USA Holding, S.A. de C.V., Corporate Parent America Movil, S.A.B. de C.V for TracFone Wireless, Inc. (Weiss, Aaron) |
| Filing 10 NOTICE of Filing Proposed Summons(es) by TracFone Wireless, Inc. re 6 Clerks Notice to Filer re: Electronic Case, Summons(es), #1 Complaint, filed by TracFone Wireless, Inc. (Attachments: #1 Exhibit A - Proposed Summons as to Defendant Yakov Anisfield, #2 Exhibit B - Proposed Summons as to Defendant Yaacov Sommer, #3 Exhibit C - Proposed Summons as to Defendant Sol Fischer) (Weiss, Aaron) |
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Filing 9
ORDER REFERRING #5 Plaintiff's MOTION to Expedite Discovery to Third Parties filed by TracFone Wireless, Inc. Motion referred to Judge Jonathan Goodman. Signed by Judge Cecilia M. Altonaga on 1/11/2019. See attached document for full details. (ps1)
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Filing 8
PAPERLESS ORDER re #5 Plaintiff's MOTION to Expedite Discovery to Third Parties filed by TracFone Wireless, Inc. At 3:58 p.m. this afternoon, Plaintiff filed [ECF No. 5] a motion for limited expedited discovery. At 5:45 p.m., Plaintiff's counsel submitted to the Undersigned's efile inbox, pursuant to the Court's CM/ECF Procedures, a proposed order granting the motion.It seems clear that Plaintiff's counsel believes that the Undersigned is the appropriate judicial officer to issue the requested Order. I am not -- at least as of now.To be sure, I am the magistrate judge assigned to District Judge Cecilia M. Altonaga. And it is also correct that Judge Altonaga routinely refers discovery motions to me in other cases as her paired magistrate judge. But that has not yet happened in this case. Therefore, I do not yet have jurisdiction to rule on the motion filed this afternoon -- or any other motion, for that matter.If Judge Altonaga were to issue a referral, then the Undersigned would have authority to rule on discovery motions. But referrals are not self-executing, and I cannot assume that a referral will in fact be issued. Similarly, I cannot start willy-nilly issuing discovery rulings before a referral is entered because I predict that a referral will be issued. Signed by Magistrate Judge Jonathan Goodman on 1/10/2019. (JG)
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| Filing 7 Summons Issued as to Nektova Group, LLC. (jas) |
| Filing 6 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - All four summons have the same defendant listed. Summons issued for Nektova Group, LLC. (jas) |
| Filing 5 Plaintiff's MOTION to Expedite Discovery to Third Parties by TracFone Wireless, Inc.. (Attachments: #1 Exhibit A - Declaration of Kevin Wehling, #2 Exhibit B - Proposed Order)(Weiss, Aaron) |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint & Exhibits) (jas) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Documents Improperly Arranged. The Filer did not properly attach the Civil Cover Sheet. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (jas) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (jas) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11300279, filed by TracFone Wireless, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Civil Cover Sheet, #11 Summon(s))(Weiss, Aaron) |
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