San Antonio Winery, Inc. et al v. Enovation Brands, Inc.
| Merritt Estate Winery, Inc. and San Antonio Winery, Inc. |
| Enovation Brands, Inc. |
| 1:2020cv20515 |
| February 4, 2020 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Edwin G Torres |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 3, 2020. A more recent docket listing may be available from PACER.
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| Filing 39 Joint SCHEDULING REPORT - Rule 26(f) by Merritt Estate Winery, Inc., San Antonio Winery, Inc. (Attachments: #1 Text of Proposed Order Proposed Joint Scheduling Order)(Isaacson, David) |
Filing 38
ORDER granting #36 Joint Stipulated Consent Motion for the Entry of a Preliminary Injunction. Signed by Judge Robert N. Scola, Jr on 3/11/2020. See attached document for full details. (jao)
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Filing 37
PAPERLESS ORDER denying as moot #17 Expedited Motion for Preliminary Injunction, following the filing of a joint consent motion #36 for entry of an injunction. Signed by Magistrate Judge Edwin G. Torres on 3/5/2020. (EGT)
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| Filing 36 Joint MOTION for Preliminary Injunction Joint Stipulated Consent Motion for Entry of A Preliminary Injunction by Merritt Estate Winery, Inc., San Antonio Winery, Inc.. (Attachments: #1 Text of Proposed Order)(Isaacson, David) |
| Filing 35 ANSWER and Affirmative Defenses to Complaint by Enovation Brands, Inc.. (Fundora, Nicole) |
| Filing 34 NOTICE by San Antonio Winery, Inc. re #32 Order on Expedited Motion of Compliance with Order Granting, in Part, Expedited Motion for Temporary Restraining Order (Isaacson, David) |
| Filing 33 Clerks Receipt per order of the court (DE#32) received on 2/26/2020 in the amount of $ 10,000.00, receipt number FLS100204123, for San Antonio Winery, Inc. by Fitzgerald & Isaacson, LLP. (vt) |
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Filing 32
ORDER granting in part and denying in part #19 the Plaintiffs' expedited motion for a restraining order. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (kbe)
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| Filing 31 NOTICE by Merritt Estate Winery, Inc., San Antonio Winery, Inc. re #19 EXPEDITED MOTION for a Temporary Restraining Order and Expedited Ruling by February 28, 2020 of Filing Supplemental Declarations in Support of Expedited Motion for a Temporary Restraining Order (Attachments: #1 Affidavit Declaration of Kimberly Deeble, #2 Affidavit Supplemental Declaration of William Merritt) (Isaacson, David) |
| Filing 30 PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Motion Hearing held on 2/20/2020 re #19 EXPEDITED MOTION for a Temporary Restraining Order and Expedited Ruling by February 28, 2020 filed by Merritt Estate Winery, Inc., and San Antonio Winery, Inc. Ralph Mizraji, Chief Executive Officer of Group Force Capital Ventures, LLC., present. Steve Riboli, VP of San Antonio Winery, Inc. present. Total time in court: 55 minutes. Attorney Appearance(s): Jeffrey G. Sheldon, Katherine M. Bond, and David Charles Isaacson for Plaintiffs. Richard Guerra, and Andrew C. Aitken for Defendants. Court Reporter: Tammy Nestor, 305-523-5148 / Tammy_Nestor@flsd.uscourts.gov. (jh) |
| Filing 29 RESPONSE in Opposition re #19 EXPEDITED MOTION for a Temporary Restraining Order and Expedited Ruling by February 28, 2020 filed by Enovation Brands, Inc.. Replies due by 2/26/2020. (Attachments: #1 Affidavit of Bradd Levitan, #2 Affidavit of Jaime Rich Vining, #3 Exhibit A to Vining Declaration, #4 Exhibit B to Vining Declaration, #5 Exhibit C to Vining Declaration, #6 Affidavit of Ralph Mizraji, #7 Exhibit 1 to Mizraji Declaration, #8 Exhibit 2 to Mizraji Declaration, #9 Exhibit 3 to Mizraji Declaration, #10 Exhibit 4 to Mizraji Declaration, #11 Exhibit 5 to Mizraji Declaration, #12 Exhibit 6 to Mizraji Declaration, #13 Exhibit 7 to Mizraji Declaration, #14 Affidavit of Richard Guerra, #15 Exhibit 1 - 6 to Guerra Declaration, #16 Exhibit 7 - 20 to Guerra Declaration, #17 Exhibit 21 - 32 to Guerra Declaration)(Guerra, Richard) |
| Filing 28 NOTICE by Merritt Estate Winery, Inc., San Antonio Winery, Inc. re #19 EXPEDITED MOTION for a Temporary Restraining Order and Expedited Ruling by February 28, 2020 Request for Judicial Notice (Attachments: #1 Exhibit) (Isaacson, David) |
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Filing 27
PAPERLESS ORDER: The Court grants #26 counsel's motion to appear pro hac vice. Attorney Andrew C. Aitken, of the law firm of IP Law Leaders, PLLC, is given permission to appear and participate in this matter on behalf of Defendant Enovation Brands, Inc. The Clerk is directed to provide this attorney with notification of all electronic filings via the email addresses set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 26 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew C. Aitken. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #20 Motion to Appear Pro Hac Vice, by Enovation Brands, Inc.. Responses due by 3/3/2020 (Attachments: #1 Certification of Andrew C. Aitken, #2 Text of Proposed Order)(Guerra, Richard) |
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Filing 25
PAPERLESS ORDER: The Court vacates 24 its order granting #20 counsel's motion to appear pro hac vice. Counsel's motion is procedurally deficient in that local counsel did not file the motion; instead, the motion was filed by Nicole Fundora as opposed to Richard Guerra, who is listed as local counsel in the motion. Additionally, local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. In sum, counsel's motion fails to fully comply with the procedural requirements set forth in both the Court's Local Rules and the CM/ECF Administrative Procedures. #20 Counsel's motion is therefore denied without prejudice. Signed by Judge Robert N. Scola, Jr. (kbe)
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Filing 24
VACATED - PAPERLESS ORDER: The Court grants 24 counsel's motion to appear pro hac vice. Attorney Andrew C. Aitken, of the law firm of IP Law Leaders, PLLC, is given permission to appear and participate in this matter on behalf of Defendant Enovation Brands, Inc. The Clerk is directed to provide this attorney with notification of all electronic filings via the email addresses set forth in the motion. The Court acknowledges #21 the Plaintiffs oppose Aitken's pro hac vice admission based on an alleged conflict of interest. But the Plaintiffs have not set forth any legal support for their contention that the Court has the discretion to deny a motion for pro hac vice admission on such a basis. Indeed, in a case the Plaintiffs themselves cite, the Eleventh Circuit has made clear that a district court must admit an otherwise qualified attorney "[a]bsent a showing of unethical conduct rising to a level that would justify disbarment." Schlumberger Techs., Inc. v. Wiley, 113 F.3d 1553, 1561 (11th Cir. 1997). Without more, the Plaintiffs' opposition to the admission is without merit. Signed by Judge Robert N. Scola, Jr. (kbe) Modified per DE 25 Order on 2/19/2020 (pes).
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| Filing 23 REPLY to Response to Motion re #20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew C. Aitken. Filing Fee $ 75.00 Receipt # AFLSDC-12461484 filed by Enovation Brands, Inc.. (Guerra, Richard) |
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Filing 22
PAPERLESS ORDER: In order to expedite a ruling on this matter, the Court sets #19 the Plaintiffs' expedited motion for a temporary restraining order for oral argument on Thursday, February 20, 2020, at 9:00 am in the Wilkie D. Ferguson, Jr., United States Courthouse, 400 North Miami Avenue, Courtroom 12-3 Miami, Florida 33128. Further, the Court orders the Defendant to file its opposition to the motion, if any, by Wednesday, February 19, 2020, at 3:00 pm. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 21 RESPONSE in Opposition re #20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew C. Aitken. Filing Fee $ 75.00 Receipt # AFLSDC-12461484 filed by Merritt Estate Winery, Inc., San Antonio Winery, Inc.. Replies due by 2/24/2020. (Isaacson, David) |
| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew C. Aitken. Filing Fee $ 75.00 Receipt # AFLSDC-12461484 by Enovation Brands, Inc.. Attorney Nicole Fundora added to party Enovation Brands, Inc.(pty:dft). Responses due by 3/2/2020 (Attachments: #1 Certification Certification of Andrew C. Aitken, #2 Text of Proposed Order)(Fundora, Nicole) |
| Filing 19 EXPEDITED MOTION for a Temporary Restraining Order and Expedited Ruling by February 28, 2020 by Merritt Estate Winery, Inc., San Antonio Winery, Inc.. (Attachments: #1 Exhibit Exhibits A through M, #2 Affidavit Declaration of Edward Cook, #3 Affidavit Declaration of Steve Riboli, #4 Affidavit Declaration of William Merritt, #5 Text of Proposed Order Proposed Order Granting a Temporary Restraining Order)(Isaacson, David) |
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Filing 18
ORDER REFERRING #17 EXPEDITED MOTION Preliminary Injuction and Expedited Ruling By February 28, 2020 filed by Merritt Estate Winery, Inc., San Antonio Winery, Inc.. Motions referred to Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr on 2/14/2020. See attached document for full details. (jbs)
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| Filing 17 EXPEDITED MOTION Preliminary Injuction and Expedited Ruling By February 28, 2020 by Merritt Estate Winery, Inc., San Antonio Winery, Inc.. (Attachments: #1 Exhibit Exhibits A through M, #2 Affidavit Declaration of Edward Cook, #3 Affidavit Declaration of Steve Riboli, #4 Affidavit Declaration of William Merritt, #5 Text of Proposed Order)(Isaacson, David) |
| Filing 16 NOTICE of Attorney Appearance by Richard Guerra on behalf of Enovation Brands, Inc.. Attorney Richard Guerra added to party Enovation Brands, Inc.(pty:dft). (Guerra, Richard) |
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Filing 15
ORDER Denying 11 Ex Parte Motion Ex Parte Application for A Temporary Restraining Order and Order to Show Cause Re Preliminary Injunctive Relief and Expedited Limited Discovery. Signed by Judge Robert N. Scola, Jr on 2/12/2020. See attached document for full details. (nc)
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Filing 14
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr on 2/11/2020. See attached document for full details. (jao)
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Filing 12
PAPERLESS ORDER: The Court grants #6 , #7 , & #8 counsels' motions to appear pro hac vice. Attorneys Daniel M. Cislo, Jeffrey G. Sheldon, and Katherine M. Bond are given permission to appear and participate in this matter on behalf of Plaintiffs San Antonio Winery, Inc. and Merritt Estate Winery. The Clerk is directed to provide these attorneys with notification of all electronic filings via the email addresses set forth in the motion. Signed by Judge Robert N. Scola, Jr. (kbe)
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| SYSTEM ENTRY - Docket Entry 13 [misc] restricted/sealed until further notice. (1221134) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by San Antonio Winery, Inc., Merritt Estate Winery, Inc.. Enovation Brands, Inc. served on 2/7/2020, answer due 2/28/2020. (Isaacson, David) |
| SYSTEM ENTRY - Docket Entry 11 [motion] restricted/sealed until further notice. (1221134) |
| Filing 9 NOTICE of Payment by Merritt Estate Winery, Inc., San Antonio Winery, Inc. re #8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katherine M. Bond. , #6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel M. Cislo. , #7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey G. Sheldon. (Attachments: #1 Exhibit) (Isaacson, David)Text Modified on 2/10/2020 (ail). |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katherine M. Bond. by Merritt Estate Winery, Inc., San Antonio Winery, Inc.. Responses due by 2/20/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Isaacson, David) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey G. Sheldon. by Merritt Estate Winery, Inc., San Antonio Winery, Inc.. Responses due by 2/20/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Isaacson, David) |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel M. Cislo. by Merritt Estate Winery, Inc., San Antonio Winery, Inc.. Responses due by 2/20/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Isaacson, David) |
| Filing 5 Bar Letter re: Admissions sent to attorney Jeffrey G. Sheldon and Katherine M. Bond, mailing date February 5, 2020, (cco) |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Supplement Complaint and Exhibits) (jao) |
| Filing 3 Summons Issued as to Enovation Brands, Inc.. (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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 Enovation Brands, Inc.. Filing fees $ 400.00 receipt number AFLSDC-12399390, filed by San Antonio Winery, Inc., Merritt Estate Winery, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Exhibits to Complaint)(Isaacson, David) |
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