Always Fresh Farms, LLC v. Always Fresh International, Inc. et al
Plaintiff: Always Fresh Farms, LLC
Defendant: John Fishbein and Always Fresh International, Inc.
Case Number: 1:2020cv21252
Filed: March 24, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Ursula Ungaro
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2020 Filing 24 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (kpe)
May 18, 2020 Opinion or Order Filing 23 ORDER DISMISSING CASE WITH PREJUDICE. The Clerk of Court SHALL administratively close this case. All future hearings and deadlines are CANCELLED, and all pending motions are DENIED AS MOOT. Signed by Judge Ursula Ungaro on 5/18/2020. See attached document for full details. (kpe)
May 15, 2020 Opinion or Order Filing 22 ORDER granting #20 Agreed Motion to Set Aside the Clerk's Entry of Default. Signed by Judge Ursula Ungaro on 5/15/2020. See attached document for full details. (kpe)
May 15, 2020 Filing 21 STIPULATION of Dismissal by Always Fresh Farms, LLC (Colitz, Michael)
May 15, 2020 Filing 20 Agreed MOTION to Set Aside Default by Always Fresh International, Inc., John Fishbein. (Attachments: #1 Text of Proposed Order)(Peretz, Steven)
May 14, 2020 Filing 19 SET ASIDE Clerks Entry of Default as to Always Fresh International, Inc., John Fishbein per Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 5/14/2020. (kpe) Modified on 5/15/2020 per DE #22 Order (kpe).
May 14, 2020 Opinion or Order Filing 18 Order Directing Clerk to Enter Default(s) as to Always Fresh International, Inc., John Fishbein. Initial Planning and Scheduling Conference is CANCELLED. (Motions due by 5/22/2020.) Signed by Judge Ursula Ungaro on 5/14/2020. See attached document for full details. (kpe)
May 5, 2020 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Always Fresh International, Inc.: Answer due 5/12/2020; John Fishbein: Answer due 5/12/2020. Re: #1 Complaint, filed by Always Fresh Farms, LLC. Initial Planning and Scheduling Conference set for 5/22/2020 09:30 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 5/5/2020. See attached document for full details. (lk)
May 4, 2020 Filing 16 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Always Fresh International, Inc., John Fishbein. (Attachments: #1 Text of Proposed Order)(Peretz, Steven)
May 1, 2020 Filing 15 Joint SCHEDULING REPORT - Rule 26(f) by Always Fresh Farms, LLC (Colitz, Michael)
April 24, 2020 Opinion or Order Filing 14 ORDER granting #12 Agreed Motion for Extension of Time to File Joint Scheduling Report and Proposed Scheduling Order and Joint Motion for Leave for the Parties to Appear by Telephone. ( Joint Planning and Scheduling Report due by 5/1/2020). Signed by Judge Ursula Ungaro on 4/24/2020. See attached document for full details. (kpe)
April 24, 2020 Filing 13 Clerks Notice to Filer re #12 Agreed MOTION for Extension of Time file the Joint Scheduling Report and Proposed Scheduling Order and Joint Motion for Leave for the Parties to Appear by Telephone at the May 8, 2020 Initial Planning and Scheduling Conference . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected 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. (ls)
April 23, 2020 Filing 12 Agreed MOTION for Extension of Time to File Joint Scheduling Report and Proposed Scheduling Order by Always Fresh International, Inc., John Fishbein. Responses due by 5/7/2020 (Attachments: #1 Text of Proposed Order)(Peretz, Steven). Added Joint MOTION for Leave to Appear by Telephone at the May 8, 2020 Initial Planning and Scheduling Conference on 4/24/2020 (ls).
April 23, 2020 Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement by Always Fresh Farms, LLC identifying Other Affiliate Wayne Giddings, Other Affiliate Matthew Giddings, Other Affiliate GrayRobinson, P.A. for Always Fresh Farms, LLC (Colitz, Michael)
April 21, 2020 Opinion or Order Filing 10 ORDER granting #9 Motion for Extension of Time to Respond to Complaint. Always Fresh International, Inc.. Answer due 5/5/2020; John Fishbein. Answer due 5/5/2020. Signed by Judge Ursula Ungaro on 4/20/2020. See attached document for full details. (kpe)
April 20, 2020 Filing 9 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Always Fresh International, Inc., John Fishbein. Attorney Steven Ira Peretz added to party Always Fresh International, Inc.(pty:dft), Attorney Steven Ira Peretz added to party John Fishbein(pty:dft). (Attachments: #1 Text of Proposed Order)(Peretz, Steven)
April 1, 2020 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Always Fresh Farms, LLC. John Fishbein served on 3/31/2020, answer due 4/21/2020. (Colitz, Michael)
April 1, 2020 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Always Fresh Farms, LLC. Always Fresh International, Inc. served on 3/31/2020, answer due 4/21/2020. (Colitz, Michael)
March 27, 2020 Opinion or Order Filing 6 ORDER Setting Initial Planning and Scheduling Conference, ( Joint Scheduling Report due by 4/24/2020, Scheduling Conference set for 5/8/2020 10:30 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 3/26/2020. See attached document for full details. (ls)
March 25, 2020 Opinion or Order Filing 5 ORDER Setting Initial Planning and Scheduling Conference, ( Joint Scheduling Report due by 4/24/2020, Scheduling Conference set for 5/8/2020 10:30 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 3/25/2020. See attached document for full details. (ls)
March 24, 2020 Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pcs)
March 24, 2020 Filing 3 Summons Issued as to Always Fresh International, Inc., John Fishbein. (pcs)
March 24, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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. (pcs)
March 24, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12646674, filed by Always Fresh Farms, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Summon(s), #8 Summon(s))(Colitz, Michael)

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Defendant: John Fishbein
Represented By: Steven Ira Peretz
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Defendant: Always Fresh International, Inc.
Represented By: Steven Ira Peretz
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Plaintiff: Always Fresh Farms, LLC
Represented By: Stephen Gregory Anderson
Represented By: Michael John Colitz, III
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