Bacson Tobacco Company, Ltd. et al v. Diplomatic International Company, Ltd. et al
Plaintiff: BACSON TOBACCO COMPANY, LTD. and MIAMI WAREHOUSE LOGISTICS, INC.
Defendant: HERITAGE TOBACCO, LLC and DIPLOMATIC INTERNATIONAL COMPANY, LTD.
Case Number: 1:2020cv21066
Filed: March 10, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Beth Bloom
Referring Judge: Lauren Fleischer Louis
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 44
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 8, 2020 Opinion or Order Filing 35 ORDER requiring supplemental memorandum from Defendant Diplomatic International Company. Signed by Magistrate Judge Lauren Fleischer Louis on 5/8/2020. See attached document for full details. (LFL)
May 5, 2020 Opinion or Order Filing 34 ORDER REFERRING #33 Defendant's Verified MOTION for Settlement Enforcement filed by Diplomatic International Company, Ltd.. Motions referred to Judge Lauren Fleischer Louis. Signed by Judge Beth Bloom on 5/5/2020. See attached document for full details. (ls)
May 4, 2020 Filing 33 MOTION to Adopt/Join #30 Order,, Order Dismissing Case, #29 Notice of Voluntary Dismissal , Defendant's MOTION for Settlement Enforcement ( Responses due by 5/18/2020) by Diplomatic International Company, Ltd.. (Attachments: #1 Exhibit Letter 3-27-2020, #2 Exhibit Letter 4-7-2020, #3 Exhibit Email dated 4-7-2020 2:57:10 pm, #4 Exhibit Letter 4-7-2020 (2), #5 Exhibit Email 4-8-2020 1:21:31 pm, #6 Exhibit Email 4-9-2020 3:42:06 pm, #7 Exhibit proposed Release and Satisfaction, #8 Exhibit Email 4-10-2020 4:50:32 pm, #9 Exhibit proposed Settlement Agreement, #10 Exhibit Letter 4-13-2020, #11 Exhibit Email 4-13-2020 12:40:11 pm, #12 Exhibit Letter 4-14-2020, #13 Exhibit Email 4-14-2020 1:54:00 pm, #14 Exhibit Letter 4-15-2020, #15 Exhibit Email 4-15-2020 1:33:32 pm, #16 Exhibit Letter 4-16-2020, #17 Exhibit Email 4-17-2020 12:12:37 pm)(Estefano, Delaila)
March 27, 2020 Filing 32 CLERK'S NOTICE FOR RELEASE OF BOND re #22 NOTICE of Filing Bond Receipt by Bacson Tobacco Company, Ltd., Miami Warehouse Logistics, Inc. (jc)
March 27, 2020 Filing 31 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Exhibit Order of Dismissal) (ls)
March 27, 2020 Opinion or Order Filing 30 ORDER of DISMISSAL Approving #29 Notice of Voluntary Dismissal; Dismissing Case without prejudice; Releasing Bond in the amount of $10,000.00 to Plaintiffs' Counsel; Closing Case. Signed by Judge Beth Bloom on 3/27/2020. See attached document for full details. (ls)
March 27, 2020 Filing 29 NOTICE of Voluntary Dismissal Without Prejudice by Bacson Tobacco Company, Ltd., Miami Warehouse Logistics, Inc. (Espinosa, Jorge)
March 25, 2020 Filing 28 PAPERLESS NOTICE of Telephonic Hearing on Motion: Telephonic Motion Hearing on ECF #16 set for 4/1/2020 AT 10:00 AM in Miami Division before Judge Beth Bloom. Parties are instructed to call 1- 877-336-1829, access code is 4742152, security code is 5680. For clarity, please do not use a cell phone or a speaker phone. Parties may file any proposed exhibits in advance of the hearing. (ego)
March 25, 2020 Opinion or Order Filing 27 ORDER Approving #26 Stipulation for Substitution of Counsel. Attorney added Delaila Jannette Estefano for Diplomatic International Company, Ltd.. Attorney Daniel Warren Raab terminated. Signed by Judge Beth Bloom on 3/24/2020. See attached document for full details. (ls)
March 24, 2020 Filing 26 Motion/Stipulation for Substitution of Counsel by Diplomatic International Company, Ltd. (Attachments: #1 Text of Proposed Order)(Estefano, Delaila) Modified to convert document to a motion on 3/25/2020 (ls).
March 24, 2020 Filing 25 Clerks Notice to Filer re #24 Notice (Other). Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. AND Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls)
March 23, 2020 Filing 24 Corrected NOTICE of Filing Bond Receipt as to Signature by Bacson Tobacco Company, Ltd., Miami Warehouse Logistics, Inc. re #22 Notice (Other) (Russo-Di Staulo, Francesca) Modified Text/Link on 3/24/2020 (ls).
March 23, 2020 Filing 23 Clerk's Notice of Filing Deficiency Re: #22 Notice (Other) filed by Bacson Tobacco Company, Ltd., Miami Warehouse Logistics, Inc.. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (ls)
March 23, 2020 Filing 22 NOTICE of Filing Bond Receipt by Bacson Tobacco Company, Ltd., Miami Warehouse Logistics, Inc. (ls)
March 19, 2020 Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bacson Tobacco Company, Ltd., Miami Warehouse Logistics, Inc.. (Russo-Di Staulo, Francesca)
March 19, 2020 Filing 20 NOTICE of Compliance Plaintiffs' Notice of Compliance Regarding Service on Defendants by Bacson Tobacco Company, Ltd., Miami Warehouse Logistics, Inc. re #18 Temporary Restraining Order,, Terminate Motions,, Set/Reset Motion/R&R Deadlines and Hearings, (Attachments: #1 Exhibit) (Russo-Di Staulo, Francesca)
March 18, 2020 Filing 19 NOTICE of Attorney Appearance by Daniel Warren Raab on behalf of Diplomatic International Company, Ltd.. Attorney Daniel Warren Raab added to party Diplomatic International Company, Ltd.(pty:dft). (Raab, Daniel)
March 18, 2020 Opinion or Order Filing 18 TEMPORARY RESTRAINING ORDER. Granting in part, Denying in part #16 Plaintiff's Supplemental and Revised MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction; Motion Hearing set for 4/1/2020 10:00 AM in Miami Division before Judge Beth Bloom.) (Responses due by 3/30/2020), re #16 MOTION for Preliminary Injunction. Signed by Judge Beth Bloom on 3/18/2020. See attached document for full details. (ls)
March 18, 2020 Filing 17 NOTICE of Attorney Appearance by Omar Ortega on behalf of Heritage Tobacco, LLC. Attorney Omar Ortega added to party Heritage Tobacco, LLC(pty:dft). (Ortega, Omar)
March 16, 2020 Filing 16 Plaintiff's MOTION for Temporary Restraining Order Supplemental ( Responses due by 3/30/2020), MOTION for Preliminary Injunction by Bacson Tobacco Company, Ltd., Miami Warehouse Logistics, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1-Declaration-Bacson, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit 2-Declaration-Roldos, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Exhibit D, #15 Exhibit E, #16 Exhibit 3-Notice-Diplomatic, #17 Exhibit 4-FedEx Receipt, #18 Exhibit 5-Supplemental Declaration-Roldos)(Russo-Di Staulo, Francesca)
March 12, 2020 Filing 15 Clerks Notice to Filer re #12 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#14]. It is not necessary to refile this document. (ls)
March 12, 2020 Opinion or Order Filing 13 PAPERLESS ORDER denying ECF No. #8 Motion for Preliminary Injunction; denying ECF No. #8 Motion for Temporary Restraining Order. The Motion is premature and not in compliance with Rule 65, Fed. R. Civ. P. Under Rule 65(a), the Court may issue a preliminary injunction only on notice to the adverse parties. Further, under Rule 65(b)(1)(B), the Court may issue a temporary restraining order without written or oral notice to the adverse parties only if the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required. Here, the record demonstrates that Defendant, Diplomatic International Company, Ltd., has not been served, and there is no attorney certification regarding why notice is not required. Signed by Judge Beth Bloom (cb00)
March 11, 2020 Filing 14 NOTICE of Filing SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bacson Tobacco Company, Ltd., Miami Warehouse Logistics, Inc.. Heritage Tobacco, LLC served on 3/11/2020, answer due 4/1/2020. (ls)(See Image at DE #12)
March 11, 2020 Filing 12 NOTICE by Bacson Tobacco Company, Ltd. of Filing Return of Service on Defendant, Heritage Tobacco, LLC (Russo-Di Staulo, Francesca)
March 11, 2020 Filing 11 Summons Issued as to Diplomatic International Company, Ltd., (ls)
March 11, 2020 Opinion or Order Filing 10 Order Requiring Scheduling Report and Certificates of Interested Parties. Signed by Judge Beth Bloom on 3/10/2020. See attached document for full details. (ls)
March 11, 2020 Opinion or Order Filing 9 PAPERLESS ORDER denying as moot #7 Motion for Temporary Restraining Order; denying as moot #7 Motion for Preliminary Injunction. See Corrected Motion at ECF No. #8 . Signed by Judge Beth Bloom (BB)
March 10, 2020 Filing 8 Plaintiff's MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order ( Responses due by 3/24/2020) by BACSON TOBACCO COMPANY, LTD., MIAMI WAREHOUSE LOGISTICS, INC.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Declaration-Bacson, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit Declaration-Roldos, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Russo-Di Staulo, Francesca)
March 10, 2020 Filing 7 Plaintiff's MOTION for Temporary Restraining Order ( Responses due by 3/24/2020), MOTION for Preliminary Injunction by BACSON TOBACCO COMPANY, LTD., MIAMI WAREHOUSE LOGISTICS, INC.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Declaration-Bacson, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit Declaration-Roldos, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Exhibit D, #15 Exhibit E)(Russo-Di Staulo, Francesca)
March 10, 2020 Filing 6 NOTICE of Filing Proposed Summons(es) by BACSON TOBACCO COMPANY, LTD., MIAMI WAREHOUSE LOGISTICS, INC. re #1 Complaint, filed by BACSON TOBACCO COMPANY, LTD., MIAMI WAREHOUSE LOGISTICS, INC., 4 Clerks Notice to Filer re: Electronic Case, Summons(es) (Russo-Di Staulo, Francesca)
March 10, 2020 Filing 5 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (ar2)
March 10, 2020 Filing 4 Clerks Notice to Filer Re: Summons(es) cannot be issued. The party on the summons (Diplomatic International Co., Limited) does not match the initiating documents (Diplomatic International Company, LTD.). (ar2)
March 10, 2020 Filing 3 Summons Issued as to HERITAGE TOBACCO, LLC. (ar2)
March 10, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (ar2)
March 10, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12580536, filed by BACSON TOBACCO COMPANY, LTD., MIAMI WAREHOUSE LOGISTICS, INC.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G)(Russo-Di Staulo, Francesca)

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Defendant: HERITAGE TOBACCO, LLC
Represented By: Omar Ortega
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Defendant: DIPLOMATIC INTERNATIONAL COMPANY, LTD.
Represented By: Daniel Warren Raab
Represented By: Delaila Jannette Estefano
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Plaintiff: BACSON TOBACCO COMPANY, LTD.
Represented By: Francesca Russo-Di Staulo
Represented By: Jorge Tadeo Espinosa
Represented By: Robert Ralph Jimenez
Represented By: Peter Alan Quinter
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Plaintiff: MIAMI WAREHOUSE LOGISTICS, INC.
Represented By: Francesca Russo-Di Staulo
Represented By: Jorge Tadeo Espinosa
Represented By: Robert Ralph Jimenez
Represented By: Peter Alan Quinter
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