Lather, Inc. v. Gilchrist and Soames, Inc. et al
| Lather, Inc. |
| Celebrity Cruises Inc, Gilchrist and Soames, Inc. and Albatros SRL |
| 1:2020cv21051 |
| March 10, 2020 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Jonathan Goodman |
| Trademark |
| 15 U.S.C. § 1114 |
| Defendant |
Docket Report
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This docket was last retrieved on May 1, 2020. A more recent docket listing may be available from PACER.
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| Filing 66 ANSWER and Affirmative Defenses to Amended Complaint by Gilchrist and Soames, Inc.. (Barton, Ana) |
| Filing 65 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Celebrity Cruises Inc. (Carey, John) |
| Filing 64 NOTICE of Attorney Appearance by Kyle Andrew Ceuninck on behalf of Celebrity Cruises Inc. Attorney Kyle Andrew Ceuninck added to party Celebrity Cruises Inc(pty:dft). (Ceuninck, Kyle) |
| Filing 63 Summons Issued as to Albatros SRL. (ail) |
| Filing 62 NOTICE of Filing Proposed Summons(es) directed to Defendant, ALBATROS, SRL, by Lather, Inc. re #60 Amended Complaint filed by Lather, Inc. (Moreno Kostencki, Euyelit) |
Filing 61
ORDER. Plaintiff shall perfect service upon the Defendant, Albatros SRL, or show cause why this Defendant should not be dismissed for failure to perfect service of process by 5/15/2020. Signed by Judge Cecilia M. Altonaga on 4/24/2020. See attached document for full details. (amb)
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| Filing 60 First AMENDED COMPLAINT FOR TRADEMARK INFRINGEMENT, FALSE DESIGNATION OF ORIGIN AND UNFAIR COMPETITION against All Defendants, filed by Lather, Inc..(Moreno Kostencki, Euyelit) |
| Filing 59 NOTICE by Lather, Inc. of Filing First Amended Complaint with Party Consent (Moreno Kostencki, Euyelit) |
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Filing 58
ORDER Scheduling Mediation. Signed by Judge Cecilia M. Altonaga on 4/15/2020. See attached document for full details. (amb)
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Filing 57
ORDER. Accordingly, on or before April 15, 2020, the parties shall submit a proposed order scheduling mediation in accordance with the CM/ECF Administrative Procedures. Signed by Judge Cecilia M. Altonaga on 4/14/2020. See attached document for full details. (amb)
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| Filing 56 NOTICE of Mediator Selection and Hearing. Selected/Added Lather, Inc., Harry R. Schafer as Mediator. Mediation Hearing set for 12/01/2020 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Moreno Kostencki, Euyelit) |
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Filing 55
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER Signed by Magistrate Judge Jonathan Goodman on 3/23/2020. See attached document for full details. (tb)
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Filing 54
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE: ( Jury Trial set for 4/12/2021 before Judge Cecilia M. Altonaga., Calendar Call set for 4/6/2021 before Judge Cecilia M. Altonaga.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 12/21/2020.), ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 3/23/2020. See attached document for full details. (drz) #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 53 Joint SCHEDULING REPORT - Rule 16.1 by Lather, Inc. (Moreno Kostencki, Euyelit) |
| Filing 52 Certificate of Other Affiliates/Corporate Disclosure Statement by Celebrity Cruises Inc identifying Corporate Parent ROYAL CARIBBEAN CRUISES LTD., A foreign corporation for Celebrity Cruises Inc, Celebrity Cruises Inc (Carey, John) |
| Filing 51 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Gilchrist and Soames, Inc. identifying Corporate Parent Sysco Guest Supply, LLC, Corporate Parent Sysco Corporation for Gilchrist and Soames, Inc. (Barton, Ana) |
| Filing 50 NOTICE of Attorney Appearance by John C. Carey on behalf of Celebrity Cruises Inc. Attorney John C. Carey added to party Celebrity Cruises Inc(pty:cc), Attorney John C. Carey added to party Celebrity Cruises Inc(pty:dft). (Carey, John) |
| Filing 49 NOTICE of Attorney Appearance by Euyelit Adriana Moreno Kostencki on behalf of Lather, Inc.. Attorney Euyelit Adriana Moreno Kostencki added to party Lather, Inc.(pty:pla). (Moreno Kostencki, Euyelit) |
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Filing 48
PAPERLESS ORDER granting #46 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Cecilia M. Altonaga (CMA)
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Filing 47
PAPERLESS ORDER granting #45 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 46 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tuan Van Uong. Filing Fee $ 200.00 Receipt # AFLSDC-12584915 by Gilchrist and Soames, Inc.. Responses due by 3/25/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Mullins, Edward) |
| Filing 45 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert N. Phillips. Filing Fee $ 200.00 Receipt # AFLSDC-12584862 by Gilchrist and Soames, Inc.. Responses due by 3/25/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Mullins, Edward) |
| Filing 44 NOTICE of Attorney Appearance by Edward Maurice Mullins on behalf of Gilchrist and Soames, Inc.. Attorney Edward Maurice Mullins added to party Gilchrist and Soames, Inc.(pty:dft). (Mullins, Edward) |
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Filing 43
Order Requiring Joint Scheduling Report and Certificates of Interested Parties to be filed by 3/20/2020. Signed by Judge Cecilia M. Altonaga on 3/10/2020. See attached document for full details. (ps1)
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Filing 42
ORDER that the parties shall retain counsel permitted to practice before the Court and notify the Court of such no later than 3/17/2020. Signed by Judge Cecilia M. Altonaga on 3/10/2020. See attached document for full details. (ps1)
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| Filing 41 Bar Letter re: Admissions sent to attorney Willmore F Holbrow, III, Tuan Van Uong, Nicole Rossi Townes, Lauren K Katzenellenbogen, Marissa M Rosenbaum, Michael K Friedland, and Gail M Title, mailing date March 10, 2020, (pt) |
| Filing 40 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Exhibit Initial Complaint) (bb) |
| Filing 39 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. (bb) |
| Filing 38 Case transferred in from California Central; Case Number 2:19-cv-05868. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 37
ORDER GRANTING DEFENDANTS MOTION TO TRANSFER #17 by Judge Otis D. Wright, II: The Court GRANTS Celebritys Motion to Transfer Venue. The Clerk of the Court shall transfer this case to the United States District Court for the Southern District of Florida, 400 North Miami Avenue, Miami, FL 33128. (Case electronically Transferred to USDC Southern District of Florida on 3/9/2020). MD JS-6. Case Terminated. (lc)
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| Filing 36 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Gail M. Title has been assigned to serve as Panel Mediator. (mb) |
| Filing 35 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Gail Migdal Title, Esq. may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Defendant Gilchrist and Soames, Inc.(Uong, Tuan) |
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Filing 33
ORDER/REFERRAL to ADR Procedure No 2 by Judge Otis D. Wright, II. Case ordered to Court Mediation Panel for mediation. Within twenty-one (21) days, plaintiff shall obtain the consent of a neutral listed on the Court'sMediation Panel who will conduct the mediation, and file form ADR-2, Stipulation Regarding Selection of Panel Mediator. If the parties have not selected and obtained the consent of a Panel Mediator within twenty-one (21) days, the ADR Program will assign one. (lom)
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| Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Lauren K Katzenellenbogen counsel for Counter Claimant Celebrity Cruises Inc., Defendant Celebrity Cruises Inc.. Adding Lauren Keller Katzenellenbogen as counsel of record for Celebrity Cruises, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant and Counterclaimant Celebrity Cruises, Inc.. (Attorney Lauren K Katzenellenbogen added to party Celebrity Cruises Inc.(pty:cc), Attorney Lauren K Katzenellenbogen added to party Celebrity Cruises Inc.(pty:dft))(Katzenellenbogen, Lauren) |
| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Lather, Inc., Counter Defendant Lather, Inc... (Holbrow, Willmore) |
| Filing 30 NOTICE of Interested Parties filed by Defendant Gilchrist and Soames, Inc., identifying Plaintiff Lather, Inc., Defendant Gilchrist & Soames, Inc., Defendant Celebrity Cruises, Inc., and Guest Supply, LLC. (Uong, Tuan) |
| Filing 29 ANSWER to Complaint (Attorney Civil Case Opening) #1 Defendant Gilchrist & Soames, Inc.'s Answer to Plaintiff's Complaint filed by Defendant Gilchrist and Soames, Inc..(Attorney Tuan Van Uong added to party Gilchrist and Soames, Inc.(pty:dft))(Uong, Tuan) |
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Filing 34
SCHEDULING ORDER AND CASE MANAGEMENT ORDER by Judge Otis D. Wright, II, Pretrial Order due by 4/12/2012., Final Pretrial Conference set for 4/19/2020 at 1:30 PM and Jury Trial set for 5/11/2021 09:00 AM (SEE ORDER FOR FURTHER DETAILS) (yl)
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| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Marissa M Rosenbaum counsel for Counter Claimant Celebrity Cruises Inc., Defendant Celebrity Cruises Inc.. Adding Marissa M. Rosenbaum as counsel of record for Celebrity Cruises, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant and Counterclaimant Celebrity Cruises, Inc.. (Rosenbaum, Marissa) |
| Filing 27 The hearing on the MOTION to Transfer Case #17 , scheduled for November 18, 2019 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Michael K Friedland counsel for Counter Claimant Celebrity Cruises Inc., Defendant Celebrity Cruises Inc.. Adding Michael K. Friedland as counsel of record for Celebrity Cruises, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant and Counterclaimant Celebrity Cruises, Inc.. (Attorney Michael K Friedland added to party Celebrity Cruises Inc.(pty:cc), Attorney Michael K Friedland added to party Celebrity Cruises Inc.(pty:dft))(Friedland, Michael) |
| Filing 25 DECLARATION of Nicole R. Townes in support of Amended NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #17 filed by Counter Claimant Celebrity Cruises Inc., Defendant Celebrity Cruises Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Townes, Nicole) |
| Filing 24 REPLY in support of Amended NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #17 filed by Counter Claimant Celebrity Cruises Inc., Defendant Celebrity Cruises Inc.. (Townes, Nicole) |
| Filing 23 MEMORANDUM in Opposition to Amended NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #17 filed by Plaintiff Lather, Inc., Counter Defendant Lather, Inc.. (Attachments: #1 Declaration of Robert Hoyt in Support of Plaintiff Lather, Inc.'s Opposition to Defendant Celebrity Cruises Inc.'s Motion to Transfer, #2 Declaration of Willmore Holbrow in Support of Plaintiff Lather, Inc.'s Opposition to Defendant Celebrity Cruises Inc.'s Motion to Transfer)(Holbrow, Willmore) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Lather, Inc., upon Defendant Gilchrist and Soames, Inc. served on 10/24/2019, answer due 11/14/2019. Service of the Summons and Complaint were executed upon Barrett G. Flynn, General Counsel in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. (Holbrow, Willmore) |
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Filing 21
ORDER that the Scheduling Conference is set for 2/10/2020 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
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| Filing 20 ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim #11 with JURY DEMAND filed by Plaintiff/Counterdefendant Lather, Inc..(Holbrow, Willmore) |
| Filing 19 DECLARATION of DOMINIQUE TALENO in support of Amended NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #17 filed by Defendant Celebrity Cruises Inc.. (Townes, Nicole) |
| Filing 18 MEMORANDUM in Support of Amended NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #17 filed by Defendant Celebrity Cruises Inc.. (Townes, Nicole) |
| Filing 17 Amended NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida filed by Defendant Celebrity Cruises Inc.. Motion set for hearing on 11/18/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Townes, Nicole) |
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Filing 16
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #13 , for the following reasons: Failure to comply with Local Rule 7-3. (lc)
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| Filing 15 DECLARATION of DOMINIQUE TALENO in support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #13 filed by Defendant Celebrity Cruises Inc.. (Townes, Nicole) |
| Filing 14 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida #13 filed by Defendant Celebrity Cruises Inc.. (Townes, Nicole) |
| Filing 13 NOTICE OF MOTION AND MOTION to Transfer Case to Southern District of Florida filed by Defendant Celebrity Cruises Inc.. Motion set for hearing on 11/18/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Townes, Nicole) Modified on 9/6/2019 (lc).(STRICKEN PER 9/6/19 ORDER) |
| Filing 12 NOTICE of Interested Parties filed by Defendant Celebrity Cruises Inc., (Townes, Nicole) |
| Filing 11 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND, COUNTERCLAIM against Lather, Inc. filed by Defendant Celebrity Cruises Inc..(Townes, Nicole) |
| Filing 10 Joint STIPULATION Extending Time to Answer the complaint as to Celebrity Cruises Inc. answer now due 9/6/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Lather, Inc..(Holbrow, Willmore) |
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 8 21 DAY Summons issued re Complaint #1 as to defendants Celebrity Cruises Inc., Gilchrist and Soames, Inc. (esa) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Suzanne H. Segal. (esa) |
| Filing 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Lather, Inc.. (Holbrow, Willmore) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Lather, Inc., (Holbrow, Willmore) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Lather, Inc.. (Holbrow, Willmore) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Lather, Inc.. (Holbrow, Willmore) |
| Filing 1 COMPLAINT Receipt No: 0973-24047626 - Fee: $400, filed by Plaintiff Lather, Inc.. (Attorney Willmore F Holbrow, III added to party Lather, Inc.(pty:pla))(Holbrow, Willmore) |
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