The Taylor Group, Inc. et al v. Industrial Distributors International Co.
| The Taylor Group, Inc., Taylor Machine Works, Inc. and Sudden Service, Inc. |
| Industrial Distributors International Co. |
| 1:2019cv24235 |
| October 14, 2019 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.
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| Filing 39 RESPONSE in Opposition re #25 MOTION to Compel Arbitration and Stay Action and Incorporated Memorandum of Law filed by Sudden Service, Inc., Taylor Machine Works, Inc., The Taylor Group, Inc.. Replies due by 12/18/2019. (Attachments: #1 Exhibit 1 - Asset Purchase Agreement)(Smith, Mary) |
Filing 38
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Request for a Status Conference. #34 . Therein, Defendant requests that the Court schedule a status conference to inform the Parties whether the Court intends to hold an evidentiary hearing on Defendant's Motion to Compel Arbitration. #25 . The Court does not intend to hold an evidentiary hearing on the Motion to Compel Arbitration at this time. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #34 is DENIED. Moreover, Defendant notes that a status conference can address Plaintiff's pending Motion for Preliminary Injunction. #4 . This Court referred Plaintiff's Preliminary Injunction to Magistrate Judge Becerra. 21 . Therefore, any requests for a status conference on the Motion for Preliminary Injunction must be directed to Magistrate Judge Becerra. Signed by Chief Judge K. Michael Moore on 12/11/2019. (mgh)
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| Filing 37 REPLY to Response to Motion re #23 Plaintiff's MOTION for Hearing re #4 MOTION for Preliminary Injunction and Memorandum in Support filed by Sudden Service, Inc., Taylor Machine Works, Inc., The Taylor Group, Inc.. (Smith, Mary) |
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Filing 36
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Extension of Time to Comply with Pretrial Order. #35 . Therein, Defendant requests an extension of time to hold a scheduling conference. Id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #35 is GRANTED IN PART. The Parties shall hold a scheduling conference on or before January 13, 2020. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. Signed by Chief Judge K. Michael Moore on 12/9/2019. (mgh)
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| Filing 35 MOTION for Extension of Time to comply with Pretrial Order re 9 Pretrial Order,,,,,,,,,,,,,, by Industrial Distributors International Co.. Responses due by 12/20/2019 (Lewis, Samuel) |
| Filing 34 MOTION For Status Conference by Industrial Distributors International Co.. (Lewis, Samuel) |
| Filing 33 NOTICE by Sudden Service, Inc., Taylor Machine Works, Inc., The Taylor Group, Inc. Notice of Filing Affidavit of Dudley H. Hulse (Attachments: #1 Affidavit) (Smith, Mary) |
| Filing 32 RESPONSE in Opposition re #23 Plaintiff's MOTION for Hearing re #4 MOTION for Preliminary Injunction and Memorandum in Support filed by Industrial Distributors International Co.. Replies due by 12/10/2019. (Lewis, Samuel) |
| Filing 31 REPLY to Response to Motion re #4 MOTION for Preliminary Injunction and Memorandum in Support filed by Sudden Service, Inc., Taylor Machine Works, Inc., The Taylor Group, Inc.. (Attachments: #1 Exhibit DR Law 173)(Smith, Mary) |
| Filing 30 NOTICE by Sudden Service, Inc., Taylor Machine Works, Inc., The Taylor Group, Inc. of Filing Affidavits (Attachments: #1 Affidavit of Hal Nowell, #2 Affidavit of Wayne Beavers, #3 Affidavit of Dudley H. Hulse) (Smith, Mary) |
| Filing 29 ACKNOWLEDGMENT OF SERVICE as to #8 Summons Issued on Industrial Distributors International Co. filed by Sudden Service, Inc., Taylor Machine Works, Inc., The Taylor Group, Inc.. (Smith, Mary) |
| Filing 28 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction and Memorandum in Support filed by Industrial Distributors International Co.. Replies due by 12/4/2019. (Lewis, Samuel) |
| Filing 27 NOTICE by Industrial Distributors International Co. of Filing Declarations (Attachments: #1 Affidavit Declaration of Eduardo Varela, #2 Affidavit Declaration of Maria Del Pilar Troncoso, #3 Affidavit Supplemental Declaration of Paolo Amore) (Lewis, Samuel) |
| Filing 26 NOTICE of Attorney Appearance by James Anthony Gale on behalf of Industrial Distributors International Co.. Attorney James Anthony Gale added to party Industrial Distributors International Co.(pty:dft). (Gale, James) |
| Filing 25 MOTION to Compel Arbitration and Stay Action and Incorporated Memorandum of Law by Industrial Distributors International Co.. Responses due by 12/11/2019 (Attachments: #1 Affidavit Affidavit of Paolo Amore)(Kline, Charles) |
| Filing 24 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #4 MOTION for Preliminary Injunction and Memorandum in Support by Industrial Distributors International Co.. Attorney Samuel Abraham Lewis added to party Industrial Distributors International Co.(pty:dft). (Attachments: #1 Exhibit 1 - 1999 Agreement, #2 Text of Proposed Order)(Lewis, Samuel) |
| Filing 23 Plaintiff's MOTION for Hearing re #4 MOTION for Preliminary Injunction and Memorandum in Support by Sudden Service, Inc., Taylor Machine Works, Inc., The Taylor Group, Inc.. (Attachments: #1 Exhibit Composite A, #2 Exhibit B)(Smith, Mary) |
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Filing 22
PAPERLESS ORDER. THIS CAUSE came before the Court on the Taylor Plaintiffs' Motion for Preliminary Injunction and Memorandum of Law in Support ("Motion"). ECF No. #4 . Upon consideration of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant shall include in its Response to the Motion whether it believes an evidentiary hearing is necessary, and Plaintiffs shall do the same as part of their Reply, which shall be due no later than December 1, 2019. If Plaintiffs choose not to file a Reply, their statement with respect to an evidentiary hearing shall be filed within three days of Defendant's Response. If the parties concur that an evidentiary hearing is necessary they are to contact the Chambers of the undersigned by email at, chambers_becerra@flsd.uscourts.gov, no later than December 1, 2019, and provide three dates when the parties are available as well as the amount of time that is necessary for the evidentiary hearing. Signed by Magistrate Judge Jacqueline Becerra on 11/22/2019. (jv00)
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Filing 21
PAPERLESS ORDER REFERRING MOTION. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law and/or issue a Report and Recommendation regarding Plaintiff's Motion for Preliminary Injunction #4 . Signed by Chief Judge K. Michael Moore on 11/20/2019. (mgh)
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon an Unopposed Motion to Withdraw as Counsel for Plaintiff. #19 . Therein, attorney Sarah E. Howard of Foley & Lardner LLP seeks to withdraw from representation of Plaintiff. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that attorney Sarah E. Howard of Foley & Lardner LLP shall be relieved of all further responsibilities related to Plaintiff in these proceedings. The Clerk of the Court is instructed to remove Sarah E. Howard of Foley & Lardner LLP as counsel for Plaintiff. Signed by Chief Judge K. Michael Moore on 11/14/2019. (mgh)
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| Filing 19 Unopposed MOTION to Withdraw as Attorney of Record by Sarah E. Howard for / by Sudden Service, Inc., Taylor Machine Works, Inc., The Taylor Group, Inc.. Responses due by 11/27/2019 (Smith, Mary) |
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Filing 18
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to Respond to the Complaint and Plaintiffs' Motion for Preliminary Injunction. #17 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion #17 is GRANTED. Defendant shall answer or otherwise respond to the Complaint #1 and respond to the Motion for Preliminary Injunction #4 on or before November 27, 2019. Signed by Chief Judge K. Michael Moore on 11/12/2019. (mgh)
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| Filing 17 MOTION for Extension of Time to Respond to Complaint and Motion for Preliminary Injunction to November 27, 2019 re #1 Complaint,, #4 MOTION for Preliminary Injunction and Memorandum in Support by Industrial Distributors International Co.. Attorney Charles Christian Kline added to party Industrial Distributors International Co.(pty:dft). Responses due by 11/25/2019 (Attachments: #1 Text of Proposed Order)(Kline, Charles) |
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Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion and a Corrected Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #12 , #14 . The initial Motion #12 does not comply with the S.D. Fla. Local Rules because the Motion is not properly certified. See S.D. Fla. L.R. 4(b). However, the Corrected Motion #14 is properly certified. See id. UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the initial Motion #12 is DENIED and the Corrected Motion #14 is GRANTED. Michael J. Lockerby may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to mlockerby@foley.com. Signed by Chief Judge K. Michael Moore on 10/31/2019. (mgh)
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #11 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #11 is GRANTED. Jesse L. Beringer may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to jberinger@foley.com. Signed by Chief Judge K. Michael Moore on 10/31/2019. (mgh)
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| Filing 14 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael J. Lockerby. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #12 Motion to Appear Pro Hac Vice, by Taylor Machine Works, Inc., The Taylor Group, Inc.. Responses due by 11/12/2019 (Smith, Mary) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by The Taylor Group, Inc., Taylor Machine Works, Inc.. Industrial Distributors International Co. served on 10/22/2019, answer due 11/12/2019. (Smith, Mary) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael J. Lockerby. Filing Fee $ 75.00 Receipt # 113C-12099076 by Taylor Machine Works, Inc., The Taylor Group, Inc.. Responses due by 11/12/2019 (Smith, Mary) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jesse L. Beringer. Filing Fee $ 75.00 Receipt # 113C-12098893 by Taylor Machine Works, Inc., The Taylor Group, Inc.. Responses due by 11/12/2019 (Smith, Mary) |
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Filing 10
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 10/16/2019. (mgh)
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Filing 9
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 10/16/2019. (mgh)
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| Filing 8 Summons Issued as to Industrial Distributors International Co. (pes) |
| Filing 7 NOTICE of Filing Proposed Summons(es) Industrial Distributors International Co. by Taylor Machine Works, Inc. (Smith, Mary) |
| Filing 6 Bar Letter re: Admissions sent to attorney Michael J. Lockerby, Jesse L. Beringer, Sarah E. Howard, mailing date October 15, 2019, (pt) |
| Filing 5 Notice of Filing Affidavit of Jairo De Maarten re: DE #4 MOTION for Preliminary Injunction by Sudden Service, Inc., Taylor Machine Works, Inc., The Taylor Group, Inc.. (Attachments: #1 Exhibit A (Affidavit of Jairo De Maarten))(Smith, Mary) Motion terminated and docket text updated on 10/16/2019 per chambers (mf). |
| Filing 4 MOTION for Preliminary Injunction and Memorandum in Support by Sudden Service, Inc., Taylor Machine Works, Inc., The Taylor Group, Inc.. (Attachments: #1 Affidavit of Jairo De Maarten)(Smith, Mary) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Supplement Complaint and Exhibits) (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (jao) |
| Filing 1 COMPLAINT against Industrial Distributors International Co.. Filing fees $ 400.00 receipt number 113C-12061747, filed by The Taylor Group, Inc., Sudden Service, Inc., Taylor Machine Works, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Taylor Registered Trademarks, #3 Exhibit 2 - IDICO Website Screenshot ("Our Allies"), #4 Exhibit 3 - IDICO Website Screenshot ("Our Manufacturers"), #5 Exhibit 4 - IDICO Website Screenshot ("Taylor"), #6 Exhibit 5 - IDICO Website Screenshot (Taylor Product Brochure), #7 Exhibit 6 - International Equipment Distribution Agreement, #8 Exhibit 7 - International Parts and Service Distribution Agreement)(Smith, Mary) |
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