West Flagler Associates, Ltd. v. MCD Miami, LLC
Plaintiff: West Flagler Associates, Ltd.
Defendant: MCD Miami, LLC
Case Number: 1:2019cv22408
Filed: June 11, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on August 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 8, 2019 Filing 16 DEFENDANT, MCD MIAMI, INC.S ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , COUNTERCLAIM against West Flagler Associates, Ltd. by MCD Miami, LLC. (Stein, Mark)
August 2, 2019 Opinion or Order Filing 15 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before August 22,2019, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (isc)
July 26, 2019 Opinion or Order Filing 14 PAPERLESS ORDER denying without prejudice #9 Defendant MCD Miami, LLC's Motion to Dismiss Plaintiff's Third Claim for Relief for Failure to State a Claim in light of #13 Plaintiff's First Amended Complaint. Signed by Judge Darrin P. Gayles (isc)
July 25, 2019 Filing 13 First AMENDED COMPLAINT against MCD Miami, LLC, filed by West Flagler Associates, Ltd.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Lott, Leslie)
July 25, 2019 Filing 12 DEFENDANT, MCD MIAMI, INC.S ANSWER and Affirmative Defenses to Complaint TO COUNTS I, II AND IV, Defendant's COUNTERCLAIM against West Flagler Associates, Ltd. by MCD Miami, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stein, Mark)
July 15, 2019 Filing 11 Corporate Disclosure Statement by West Flagler Associates, Ltd. identifying Other Affiliate Southwest Florida Enterprises Inc. for West Flagler Associates, Ltd. (Lott, Leslie)
July 11, 2019 Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by MCD Miami, LLC (Stein, Mark)
July 11, 2019 Filing 9 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM ON COUNT 3 by MCD Miami, LLC. Responses due by 7/25/2019 (Attachments: #1 Exhibit A)(Stein, Mark)
July 11, 2019 Opinion or Order Filing 8 PAPERLESS ORDER granting #7 Defendant's Unopposed Motion for Enlargement of Time. Defendant shall respond to the Complaint on or before July 25, 2019. Signed by Judge Darrin P. Gayles (isc)
July 10, 2019 Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, re counts I, II and IV by MCD Miami, LLC. Attorney Mark Evan Stein added to party MCD Miami, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Stein, Mark)
June 27, 2019 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 West Flagler Associates, Ltd.. MCD Miami, LLC served on 6/20/2019, answer due 7/11/2019. (Lott, Leslie)
June 11, 2019 Filing 5 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (isc)
June 11, 2019 Filing 4 Summons Issued as to MCD Miami, LLC. (vmz)
June 11, 2019 Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (vmz)
June 11, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (vmz)
June 11, 2019 Filing 1 COMPLAINT against MCD Miami, LLC. Filing fees $ 400.00 receipt number 113C-11720216, filed by West Flagler Associates, Ltd.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Civil Cover Sheet Civil Cover Sheet, #10 Summon(s) Summons)(Lott, Leslie)

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Defendant: MCD Miami, LLC
Represented By: Mark Evan Stein
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Plaintiff: West Flagler Associates, Ltd.
Represented By: Ury Fischer
Represented By: Leslie Jean Lott
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