Burger King Corporation v. Cabrera
Plaintiff: Burger King Corporation
Defendant: Alvaro M Cabrera
Case Number: 1:2019cv22829
Filed: July 10, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Jonathan Goodman
Nature of Suit: Contract: Franchise
Cause of Action: 15 U.S.C. § 1121
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2019 Opinion or Order Filing 26 Administrative Order Closing Case. Denying as moot #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Burger King Corporation. Signed by Judge Cecilia M. Altonaga on 9/5/2019. See attached document for full details. (ps1)
August 16, 2019 Opinion or Order Filing 25 MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER Signed by Magistrate Judge Jonathan Goodman on 8/16/2019. See attached document for full details. (tb)
August 16, 2019 Opinion or Order Filing 24 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 6/22/2020 before Judge Cecilia M. Altonaga., Calendar Call set for 6/16/2020 09:00 AM before Judge Cecilia M. Altonaga.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 8/16/2019. See attached document for full details. (cds) #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.
August 15, 2019 Filing 23 Certificate of Other Affiliates by Alvaro M Cabrera (Patel, Himanshu)
August 15, 2019 Filing 22 Joint SCHEDULING REPORT - Rule 16.1 by Burger King Corporation (Erenbaum, Jessica)
August 14, 2019 Filing 21 RESPONSE in Support re #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Burger King Corporation. (Erenbaum, Jessica)
August 7, 2019 Filing 20 MEMORANDUM in Opposition re #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law by Alvaro M Cabrera. (Attachments: #1 Exhibit Declaration of Alvaro M. Cabrera, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Patel, Himanshu)
August 7, 2019 Filing 19 Defendant's ANSWER and Affirmative Defenses to Complaint for Injunctive Relief and Damages by Alvaro M Cabrera. (Patel, Himanshu)
August 2, 2019 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to File Response/Reply to Motion, Re: #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Burger King Corporation. Defendant shall file his responses to Plaintiff's Complaint and Plaintiff's Motion for Preliminary Injunction by 8/7/2019. Signed by Judge Cecilia M. Altonaga on 8/2/2019. See attached document for full details. (ps1)
August 2, 2019 Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law by Alvaro M Cabrera. (Attachments: #1 Text of Proposed Order)(Patel, Himanshu)
August 2, 2019 Set/Reset Answer Due Deadline: Alvaro M Cabrera response due 8/7/2019. (ps1)
July 25, 2019 Filing 16 Certificate of Other Affiliates/Corporate Disclosure Statement by Burger King Corporation identifying Corporate Parent Restaurant Brands International, Inc., a Canadian Corporation, Other Affiliate Burger King Holdings, Inc. for Burger King Corporation (Erenbaum, Jessica)
July 24, 2019 Opinion or Order Filing 15 ORDER granting #14 Unopposed Motion for Extension of Time to File Response to Plaintiff's Complaint and Plaintiff's Motion for Preliminary Injunction. Defendant shall file his responses to Plaintiff's Complaint and Plaintiff's Motion for Preliminary Injunction by August 5, 2019. Signed by Judge Cecilia M. Altonaga on 7/24/2019. See attached document for full details. (wc)
July 24, 2019 Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law by Alvaro M Cabrera. (Attachments: #1 Text of Proposed Order)(Patel, Himanshu)
July 23, 2019 Filing 13 NOTICE of Attorney Appearance by Brenda Phang on behalf of Alvaro M Cabrera. Attorney Brenda Phang added to party Alvaro M Cabrera(pty:dft). (Phang, Brenda)
July 23, 2019 Filing 12 NOTICE of Attorney Appearance by Roberto Zarco on behalf of Alvaro M Cabrera. Attorney Roberto Zarco added to party Alvaro M Cabrera(pty:dft). (Zarco, Roberto)
July 23, 2019 Filing 11 NOTICE of Attorney Appearance by Himanshu M. Patel on behalf of Alvaro M Cabrera. Attorney Himanshu M. Patel added to party Alvaro M Cabrera(pty:dft). (Patel, Himanshu)
July 19, 2019 Filing 10 PAPERLESS NOTICE Setting Hearing on #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law : Motion Hearing set for 9/6/2019 10:00 AM in Miami Division before Judge Cecilia M. Altonaga. (wc)
July 15, 2019 Opinion or Order Filing 9 PAPERLESS ORDER granting #8 Motion for Hearing. The parties shall contact the Courtroom Deputy to schedule a mutually convenient day and time for the hearing. Signed by Judge Cecilia M. Altonaga (CMA)
July 12, 2019 Filing 8 Plaintiff's MOTION for Hearing re #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law by Burger King Corporation. (Joblove, Michael)
July 12, 2019 Filing 7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law by Burger King Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Joblove, Michael)
July 12, 2019 Opinion or Order Filing 6 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties due by 8/15/2019. Signed by Judge Cecilia M. Altonaga on 7/12/2019. See attached document for full details. (wc)
July 12, 2019 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Burger King Corporation. Alvaro M Cabrera served on 7/11/2019, answer due 8/1/2019. (Joblove, Michael)
July 10, 2019 Filing 4 Summons Issued as to Alvaro M Cabrera. (cds) (Main Document 4 replaced on 7/10/2019) (cds).
July 10, 2019 Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (cds)
July 10, 2019 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. (cds)
July 10, 2019 Filing 1 COMPLAINT for Injunctive Relief and Damages against Alvaro M Cabrera. Filing fees $ 400.00 receipt number 113C-11798274, filed by Burger King Corporation. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Joblove, Michael)

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Plaintiff: Burger King Corporation
Represented By: Michael D Joblove
Represented By: Jessica Serell Erenbaum
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Defendant: Alvaro M Cabrera
Represented By: Roberto Zarco
Represented By: Brenda Phang
Represented By: Himanshu M. Patel
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