Car Body Lab, Inc. v. Lithia Motors, Inc.
| Car Body Lab, Inc. |
| Lithia Motors, Inc. |
| 1:2021cv21484 |
| April 16, 2021 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Federico A Moreno |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 90 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): 1-71 by James Laurence Weintraub on behalf of Car Body Lab, Inc. (Weintraub, James) |
| Filing 89 NOTICE by Car Body Lab, Inc. of Filing of Hearing Exhibits (Attachments: #1 Exhibit 89-01, #2 Exhibit 89-02, #3 Exhibit 89-03, #4 Exhibit 89-04, #5 Exhibit 89-05, #6 Exhibit 89-06, #7 Exhibit 89-07, #8 Exhibit 89-08, #9 Exhibit 89-09, #10 Exhibit 89-10, #11 Exhibit 89-11, #12 Exhibit 89-12, #13 Exhibit 89-13, #14 Exhibit 89-14, #15 Exhibit 89-15, #16 Exhibit 89-16, #17 Exhibit 89-17, #18 Exhibit 89-18, #19 Exhibit 89-19, #20 Exhibit 89-20, #21 Exhibit 89-21, #22 Exhibit 89-22, #23 Exhibit 89-23, #24 Exhibit 89-24, #25 Exhibit 89-25, #26 Exhibit 89-26, #27 Exhibit 89-27, #28 Exhibit 89-28, #29 Exhibit 89-29, #30 Exhibit 89-30, #31 Exhibit 89-31, #32 Exhibit 89-32, #33 Exhibit 89-33, #34 Exhibit 89-34, #35 Exhibit 89-35, #36 Exhibit 89-36, #37 Exhibit 89-37, #38 Exhibit 89-38, #39 Exhibit 89-39, #40 Exhibit 89-40, #41 Exhibit 89-41, #42 Exhibit 89-42, #43 Exhibit 89-43, #44 Exhibit 89-44, #45 Exhibit 89-45, #46 Exhibit 89-46, #47 Exhibit 89-47, #48 Exhibit 89-48, #49 Exhibit 89-49, #50 Exhibit 89-50, #51 Exhibit 89-51, #52 Exhibit 89-52, #53 Exhibit 89-53, #54 Exhibit 89-54, #55 Exhibit 89-55, #56 Exhibit 89-56, #57 Exhibit 89-57, #58 Exhibit 89-58, #59 Exhibit 89-59, #60 Exhibit 89-60, #61 Exhibit 89-61, #62 Exhibit 89-62, #63 Exhibit 89-63, #64 Errata 89-64, #65 Exhibit 89-65, #66 Exhibit 89-66, #67 Exhibit 89-67, #68 Exhibit 89-68, #69 Exhibit 89-69, #70 Exhibit 89-70, #71 Exhibit 89-71) (Weintraub, James) |
Filing 88
PAPERLESS ORDER re #64 Defendant's MOTION for Protective Order and Memorandum of Law in Support of Motion filed by Lithia Motors, Inc. Given that the parties have still not yet resolved their disputes over Defendant's motion for a protective order, Defendant shall by June 16, 2021 file a tracked changes version of the latest working draft. Regular text will reflect the portions the parties agree on, italics font will reflect the language preferred by Defendant and bold font will reflect the language preferred by Plaintiff.In addition, Defendant shall submit to my efile inbox a "Word" version of the tracked changes format, so that I can easily make edits and upload the final version.Finally, the version submitted to the efile inbox should also include an explanation about why Defendant prefers the language in italics font and why Plaintiff prefers the language in bold font. Obviously, this will require cooperation and coordination between the parties. It would be further disappointing to see the parties get into another dispute about the language used to explain the reasons for each side's preferred language. Signed by Magistrate Judge Jonathan Goodman on 6/14/2021. (JG)
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| Filing 87 STATUS REPORT (JOINT) re: Settlement Discussions, Submitted Pursuant to Post-Hearing Administrative Order [ECF #82] by Car Body Lab, Inc. (Weintraub, James) |
| Filing 86 STATUS REPORT by Car Body Lab, Inc. (Attachments: #1 Exhibit A - Parties' Joint Status Report)(Weintraub, James) |
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Filing 85
PAPERLESS ORDER granting #84 Motion for Extension of Time. Plaintiff is given a 24-hour extension and shall submit the joint status report regarding evidentiary exhibits by 06/09/21 at 5:00pm. Signed by Magistrate Judge Jonathan Goodman on 6/8/2021. (dw00)
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| Filing 84 Plaintiff's MOTION for Extension of Time 24-Hour Extension of Time to File Preliminary Injunction Exhibit List re #82 Order by Car Body Lab, Inc.. Responses due by 6/22/2021 (Weintraub, James) |
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Filing 83
PAPERLESS ORDER re #23 MOTION for Preliminary Injunction and Request for Oral Hearing filed by Car Body Lab, Inc., #82 Order This Order supplements the post-hearing Order on the evidentiary hearing held for the preliminary injunction motion.If the parties on or before Friday, June 11, 2021, advise that they have not resolved the preliminary injunction motion, then Defendant Lithia Motors, Inc. will need to make an additional filing, as outlined below.In its cancellation petition [ECF No. 1-30] challenging Plaintiff's DRIVEWAY registration, Lithia represented that it used Driveway, Driveway 5 and/or Winner's Circle Driveway 5 as a trademark in connection with its automobile goods and services since at least early 2016. (emphasis added). But, as revealed during the evidentiary hearing, there is a difference between these three phrasings.Although the Undersigned recalls evidence that Lithia used Driveway 5 and Winner's Circle Driveway 5 as far back as early 2016, I do not specifically recall evidence that Lithia used DRIVEWAY as far back as early 2016. Therefore, if the parties do not settle the preliminary injunction motion by June 11, 2021, then Lithia shall by June 16, 2021 file a memorandum explaining what testimony and which exhibits introduced into evidence prove its use of DRIVEWAY as a trademark in early 2016.In addition, Lithia shall also explain in the same memorandum if there is an inconsistency between its position (articulated in the now-stayed cancellation proceedings) that Plaintiff's use of the DRIVEWAY" mark is "merely descriptive" and the positions it took when applying for its own similar mark in myriad applications. No response from Plaintiff absent further Court Order. Signed by Magistrate Judge Jonathan Goodman on 6/7/2021. (JG)
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Filing 82
Post-Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 6/7/2021. See attached document for full details. (dw00)
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Filing 81
PAPERLESS ORDER granting in part and denying in part #74 Motion in Limine. The Undersigned ruled on this motion at the beginning of the June 4, 2021 evidentiary hearing, and the transcript will reflect the ruling. Signed by Magistrate Judge Jonathan Goodman on 6/7/2021. (JG)
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| Filing 80 Exhibit and Witness List dated June 4, 2021. (fbn) |
| Filing 79 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Motion Hearing held on 6/4/2021 re #23 MOTION for Preliminary Injunction and Request for Oral Hearing filed by Car Body Lab, Inc. Sworn Witnesses: Rudy Joudet, David Lambert, George Hines, and Thomas M. Dobry testified. Total time in court: 6 hour(s) : 15 minutes. Attorney Appearance(s): Deborah J. Michelson, David A. Kunselman, James Laurence Weintraub, Britt L. Anderson, Jeremy L. Buxbaum, Christian W. Marcelo, Ury Fischer, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (Digital JG_01_06-04-2021/ Zoom) (fbn) |
| Filing 78 NOTICE by Car Body Lab, Inc. re 69 Order Setting Hearing on Motion,,,,, (Attachments: #1 Exhibit 152 - Designations) (Weintraub, James) |
| Filing 77 REPLY to Response to Motion re #74 MOTION in Limine filed by Car Body Lab, Inc.. (Attachments: #1 Exhibit A - June 3, 2021 Email Exchange, #2 Exhibit B - ECF #66)(Weintraub, James) |
| Filing 76 RESPONSE to Motion re #74 MOTION in Limine Lithia Motors, Inc.'s Response to Car Body, Inc.'s Motion in Limine filed by Lithia Motors, Inc.. Replies due by 6/11/2021. (Attachments: #1 Exhibit)(Fischer, Ury) |
| Filing 75 NOTICE of Filing Discovery: Transcript of Deposition by Car Body Lab, Inc.. (Attachments: #1 Transcripts Transcript of Deposition of Thomas M. Dobry taken June 1, 2021)(Weintraub, James) |
| Filing 74 MOTION in Limine by Car Body Lab, Inc.. (Attachments: #1 Exhibit A - ECF #60, #2 Exhibit B - Deposition Excerpts)(Weintraub, James) |
| Filing 73 REPLY to Response to Motion re #34 Defendant's MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law Defendant Lithia Motors, Inc.'s Reply In Support of Motion to Dismiss filed by Lithia Motors, Inc.. (Fischer, Ury) |
| Filing 72 NOTICE of Compliance - Car Body Lab Inc.'s Notice of Full Compliance with Court's May 24, 2021 Expedited Discovery Order by Car Body Lab, Inc. re 55 Order on Motion for Discovery,,,,,,,, (Weintraub, James) |
| Filing 71 NOTICE by Car Body Lab, Inc. re #64 Defendant's MOTION for Protective Order and Memorandum of Law in Support of Motion (Attachments: #1 Exhibit A - May 28, 2021 Email, #2 Exhibit B - June 3, 2021 Email) (Weintraub, James) |
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Filing 70
PAPERLESS ORDER granting in part and denying in part #61 Motion to Strike #61 Defendant's MOTION to Strike #57 Response in Support of Motion,,, Exhibits 43(c), 44, and 50 to Michelson Declaration. Before discussing the substance of Defendant's motion to strike three exhibits, the Undersigned is compelled to comment on the timing of the motion. Defense counsel sent an email to Plaintiff's counsel at 3:10 p.m. on May 28, 2021, demanding that certain documents be produced by 4:00 p.m. and announcing that a motion to strike would be filed later in the day unless Plaintiff agreed to withdraw certain exhibits. Despite the truncated deadline, Plaintiff's counsel did in fact substantively respond in an email sent at 5:09 p.m. Defendant then filed its motion to strike at 9:24 p.m.This scenario is not an illustration of a reasonable effort to confer. Demanding that documents be produced immediately (i.e., in less than an hour) and threatening to file a motion to strike unless the recipient of the missive agrees to withdraw the materials or the motion would be filed later the very same day are fundamentally at odds with the policies underlying Local Rule 7.1's pre-filing conferral requirement.Nevertheless, despite the unreasonably short deadline, Plaintiff's counsel was able to provide a response in which she explained her position.Turning to the merits, the motion concerns three exhibits.Exhibit 43(C), found at ECF No. 57-1, is a copy of a yard sign that three Medford, Oregon dealerships used to direct their customers to their physical location. It is not designated as "confidential" or "attorney's eyes only." Instead, it is a publicly disseminated document. The Undersigned denies the motion to strike.Exhibit 50 concerns documents not yet filed. Therefore, the motion is premature. Exhibit 44 is a timeline and summary prepared by Plaintiff's counsel, filed at ECF No. 57-11. To the extent that the summary contains arguably impermissible opinions, arguments, interpretations and legal analysis, the Understand will, if appropriate, adjust the weight, if any, I accord to those statements. Thus, although I am not technically striking the exhibit, any decision to give counsel's in-the-summary opinion or analysis no weight is, in effect, tantamount to a de facto Order striking the offending language.One final point: Counsel are strongly urged to finalize the lingering issues they have about the specific wording of a protective confidentiality order, so that the Court and the parties do not spend precious hearing time ironing out remaining disputes. Any time spent during the hearing on that (likely unnecessary) project will be deducted from the total examination time allocated to counsel. Signed by Magistrate Judge Jonathan Goodman on 6/3/2021. (JG)
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Filing 69
**TIME CHANGE ONLY** PAPERLESS ORDER Setting Zoom Evidentiary Hearing on #23 Plaintiff's Motion for Preliminary Injunction for 6/4/2021 at 01:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1613996906?pwd=c2x0SEhsdjJXNTg1OU5lVmRCTTM5UT09. Meeting ID: 161 399 6906. Passcode: 116825. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 6/3/2021. (fbn)
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| Filing 68 RESPONSE in Opposition re #61 Defendant's MOTION to Strike #57 Response in Support of Motion,,, Exhibits 43(c), 44, and 50 to Michelson Declaration filed by Car Body Lab, Inc.. Replies due by 6/9/2021. (Weintraub, James) |
| Filing 67 Witness List for Evidentiary Hearing on Plaintiff's Motion for Preliminary Injunction by Car Body Lab, Inc... (Weintraub, James) |
| Filing 66 Witness List in compliance with this Court's Order Setting Zoom Evidentiary Hearing [DE 37] by Lithia Motors, Inc... (Fischer, Ury) |
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Filing 65
PAPERLESS ORDER granting #63 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christian W. Marcelo. Signed by Magistrate Judge Jonathan Goodman on 6/2/2021. (dw00)
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| Filing 64 Defendant's MOTION for Protective Order and Memorandum of Law in Support of Motion by Lithia Motors, Inc.. (Attachments: #1 Text of Proposed Order)(Fischer, Ury) |
| Filing 63 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christian W. Marcelo. Filing Fee $ 200.00 Receipt # AFLSDC-14733305 by Lithia Motors, Inc.. Responses due by 6/16/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Fischer, Ury) |
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Filing 62
PAPERLESS ORDER setting deadline for Plaintiff's response to 62 Defendant's Motion to Strike. Plaintiff will be permitted until June 2, 2021 at 5:00PM to file a response to 62 Defendant's Motion to Strike. No reply by Defendant will be allowed absent further court order. Signed by Magistrate Judge Jonathan Goodman on 6/1/2021. (dw00)
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| Filing 61 Defendant's MOTION to Strike #57 Response in Support of Motion,,, Exhibits 43(c), 44, and 50 to Michelson Declaration by Lithia Motors, Inc.. Responses due by 6/11/2021 (Fischer, Ury) |
| Filing 60 NOTICE to Take Deposition of Lithia Motors, Inc. by Car Body Lab, Inc..(Weintraub, James) |
| Filing 59 NOTICE to Take Deposition of Lithia Motors, Inc. by Car Body Lab, Inc..(Weintraub, James) |
| Filing 58 RESPONSE in Opposition re #34 Defendant's MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law and Request for Sanctions filed by Car Body Lab, Inc.. Replies due by 6/3/2021. (Weintraub, James) |
| Filing 57 RESPONSE in Support re #23 MOTION for Preliminary Injunction and Request for Oral Hearing filed by Car Body Lab, Inc.. (Attachments: #1 Exhibit 42 - Supplemental Declaration of Counsel, #2 Exhibit 43A, #3 Exhibit 43B.1, #4 Exhibit 43B.2, #5 Exhibit 43B.3, #6 Exhibit 43B.4, #7 Exhibit 43C, #8 Exhibit 43D.1, #9 Exhibit 43D.2, #10 Exhibit 43D.3, #11 Exhibit 44 - Timeline, #12 Exhibit 45 - USPTO Documents, #13 Exhibit 46 - Lithia Press Releases, #14 Exhibit 47 - Lithia Investor Presentations - Part 1, #15 Exhibit 47 - Lithia Investor Presentations - Part 2, #16 Exhibit 48 - Lithia Earnings Call Transcripts, #17 Exhibit 49, #18 Exhibit 50 TO BE FILED UNDER SEAL, #19 Exhibit 51 Declaration of David A. Kunselman, #20 Exhibit 52 Supplemental Declaration of Rudy Joudet, #21 Exhibit 53 Declaration of Christopher Kelly)(Weintraub, James) |
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Filing 56
PAPERLESS ORDER re 41 Order Setting Hearing on Motion,,,,, Each side will have ten (10) minutes to present an optional opening statement/overview before the testimony begins at the June 4, 2021 evidentiary hearing on the preliminary injunction motion. Signed by Magistrate Judge Jonathan Goodman on 5/25/2021. (JG)
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Filing 55
PAPERLESS ORDER granting in part and denying in part #52 Motion for Discovery. This Order involves Defendant's motion for expedited discovery, Plaintiff's Response and Defendant's Reply [ECF Nos. 52, 53 and 54).In its opposition response, Plaintiff contends that Defendant has still not provided good dates for the Rule 30(b)(6) deposition of its corporate designee (or designees). The Undersigned is unclear about the meaning of this allegation. Did Defendant fail to provide any dates for the deposition or did it provide some dates but Plaintiff did not deem them "good" (presumably because its counsel had a scheduling conflict).If Defendant failed to provide any dates, then it shall by noon tomorrow (i.e., May 25, 2021) provide at least two dates. If, on the other hand, it did provide one or more dates, then Plaintiff's counsel will need to either revise his or her schedule or arrange for another attorney to cover the deposition. The deposition is being taken on short notice, so it would not be difficult to imagine that scheduling conflicts make a mutually acceptable date difficult to coordinate.Concerning Defendant's motion for expedited discovery, the Undersigned often follows the "what's good for the goose is good for the gander" approach. If Defendant is going to be required to provide expedited discovery because of an impending preliminary injunction hearing, then the Plaintiff should be similarly required (in general).Plaintiff shall provide interrogatory answers to Interrogatories 1, 2, 9, 10, 11, 12 and 13 by June 2, 2021. It shall provide responses to Requests For Production 7, 8, 10 and 11 by the same deadline.Defendant's topics for the Rule 30(b)(6) deposition it wants to take of Plaintiff are not numbered. Nevertheless, there are 12 topics. Plaintiff will be required to provide a designee (or designees) to provide binding testimony on all 12 topics other than topic 9. The deposition will be on or before June 3, 2021. Plaintiff shall by noon tomorrow provide at least two dates for the deposition. Signed by Magistrate Judge Jonathan Goodman on 5/24/2021. (JG)
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| Filing 54 REPLY to Response to Motion re #52 Defendant's MOTION for Discovery Lithia Motors, Inc.'s Motion for Expedited Discovery Lithia Motors, Inc.'s Reply ISO Motion for Expedited Discovery filed by Lithia Motors, Inc.. (Fischer, Ury) |
| Filing 53 RESPONSE to #52 Defendant's MOTION for Discovery Lithia Motors, Inc.'s Motion for Expedited Discovery by Car Body Lab, Inc.. (Weintraub, James) |
| Filing 52 Defendant's MOTION for Discovery Lithia Motors, Inc.'s Motion for Expedited Discovery by Lithia Motors, Inc.. Responses due by 6/4/2021 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Fischer, Ury) |
| Filing 51 NOTICE by Car Body Lab, Inc. re #49 MOTION for Extension of Time to File Response/Reply/Answer as to #35 Response in Opposition to Motion, , 50 Order on Motion for Extension of Time to File Response/Reply/Answer, Notice re: Defendant's Consent to Plaintiff's Motion for Two-Day Extension of Deadline for Reply in Support of Plaintiff's Motion for Preliminary Injunction (Weintraub, James) |
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Filing 50
PAPERLESS ORDER granting #49 Motion for Extension of Time to File. The Undersigned grants Plaintiff's motion for an enlargement of time. Plaintiff may file and serve its reply in support of its preliminary injunction motion on or before May 25, 2021. No further extensions absent compelling circumstances bordering on a genuine emergency. Signed by Magistrate Judge Jonathan Goodman on 5/20/2021. (JG)
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| Filing 49 MOTION for Extension of Time to File Response/Reply/Answer as to #35 Response in Opposition to Motion, by Car Body Lab, Inc.. (Attachments: #1 Exhibit A (proposed Order))(Weintraub, James) |
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Filing 48
PAPERLESS ORDER granting #44 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeremy L. Buxbaum. Signed by Magistrate Judge Jonathan Goodman on 5/19/2021. (km03)
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Filing 47
PAPERLESS ORDER granting #43 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Britt L. Anderson. Signed by Magistrate Judge Jonathan Goodman on 5/19/2021. (km03)
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Filing 46
PAPERLESS ORDER granting in part and denying in part #24 Motion for Discovery. Plaintiff has established good cause to obtain some of the early discovery it requested on an expedited basis. Given the upcoming evidentiary hearing on Plaintiff's Motion for Preliminary Injunction, Plaintiff has demonstrated good cause to obtain discovery directly linked to the issues relevant for the preliminary injunction hearing. It has not, however, demonstrated good cause for other discovery requests.Plaintiff may obtain the following discovery from Defendant on an expedited basis:Interrogatories: 1, 2 (but limited to the issues in the Complaint), 3, 4, 5, 8, 10, 11, 12, 16 and 18.Request for Production: 4, 5, 7, 8, 10, 11, 12 and 16 (but only for testifying experts).Rule 30(b)(6) Witness: All of the 14 topics except for 5, 6, 11 and 12.Plaintiff need not reserve the written discovery which it attached as exhibits to its motion for expedited discovery. Defendant shall provide substantive responses and responsive documents within ten (10) calendar days. In addition, Plaintiff may take the Rule 30(b)(6) deposition within ten (10) days. Given the upcoming preliminary injunction hearing, the parties should be prepared to take this deposition in the evenings or over the weekend, if necessary. Signed by Magistrate Judge Jonathan Goodman on 5/19/2102. (JG)
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Filing 45
PAPERLESS ORDER striking #32 Motion for Discovery. The Undersigned strikes this motion because it violates Local Rule 7.1 Signed by Magistrate Judge Jonathan Goodman on 5/19/2021. (JG)
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| Filing 44 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeremy L. Buxbaum. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #28 Motion to Appear Pro Hac Vice, by Lithia Motors, Inc.. Responses due by 6/2/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Fischer, Ury) |
| Filing 43 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Britt L. Anderson. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #27 Motion to Appear Pro Hac Vice, by Lithia Motors, Inc.. Responses due by 6/2/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Fischer, Ury) |
| Filing 42 Clerks Notice of Docket Correction re 40 . Document Restricted Due to Error. (fbn) |
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Filing 41
PAPERLESS ORDER Setting Zoom Evidentiary Hearing on #23 Plaintiff's Motion for Preliminary Injunction for 6/4/2021 at 02:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1613996906?pwd=c2x0SEhsdjJXNTg1OU5lVmRCTTM5UT09. Meeting ID: 161 399 6906. Passcode: 116825.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 5/19/2021. (fbn)
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Filing 39
PAPERLESS ORDER denying #28 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeremy L. Buxbaum. Local Counsel did not sign the PHV Motion. Additionally, the words "be required to" are missing in the motion, which should state that: "Movant consents to be designated as a member of the Bar of this Court with whom the Court and opposing counsel may readily communicate regarding the conduct of the case, upon whom filings shall be served, who shall BE REQUIRED TO electronically file and serve all documents and things that may be filed and served electronically, and who shall be responsible for filing and serving documents in compliance with the CM/ECF Administrative Procedures." Signed by Magistrate Judge Jonathan Goodman on 5/19/2021. (km03)
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Filing 38
PAPERLESS ORDER denying #27 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Britt L. Anderson. Local Counsel did not sign the PHV Motion. Additionally, the words "be required to" are missing in the motion, which should state that: "Movant consents to be designated as a member of the Bar of this Court with whom the Court and opposing counsel may readily communicate regarding the conduct of the case, upon whom filings shall be served, who shall BE REQUIRED TO electronically file and serve all documents and things that may be filed and served electronically, and who shall be responsible for filing and serving documents in compliance with the CM/ECF Administrative Procedures." Signed by Magistrate Judge Jonathan Goodman on 5/19/2021. (km03)
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Filing 37
PAPERLESS ORDER Setting Zoom Evidentiary Hearing on #23 Plaintiff's Motion for Preliminary Injunction for 6/4/2021 at 02:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The Zoom link and instructions will be provided in a subsequent paperless order. During the Evidentiary Hearing, the parties will be limited to two hours per side for direct, cross, and re-direct of all witnesses.In addition, the parties shall furnish a witness list on CM/ECF by June 2, 2021 at 5:00 p.m. A proposed witness not on the list will not be permitted to testify. Signed by Magistrate Judge Jonathan Goodman on 5/19/2021. (km03)
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| Deadline(s)/Hearing(s) re 40 terminated. re 40. Document Restricted Due to Error. (fbn) |
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Filing 36
ORDER OF REFERRAL TO MAGISTRATE JUDGE GOODMAN FOR ALL PRETRIAL PROCEEDINGS. Signed by Judge Federico A. Moreno on 5/18/2021. See attached document for full details. (jz01)
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| Filing 35 RESPONSE in Opposition re #23 MOTION for Preliminary Injunction and Request for Oral Hearing filed by Lithia Motors, Inc.. Replies due by 5/21/2021. (Attachments: #1 Affidavit Declaration of Tom Dobry, #2 Affidavit Declaration of Jeremy L. Buxbaum, #3 Affidavit Declaration of George Hines)(Fischer, Ury) |
| Filing 34 Defendant's MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by Lithia Motors, Inc.. Responses due by 5/28/2021 (Fischer, Ury) |
| Filing 33 RESPONSE in Support re #24 MOTION for Discovery - Expedited filed by Car Body Lab, Inc.. (Attachments: #1 Exhibit A - 2019 Office Action, #2 Exhibit B - Consent Motion & Order Granting Consent Motion, #3 Exhibit C - Joudet Declaration)(Weintraub, James) |
| Filing 32 STRICKEN - MOTION for Discovery - Motion for Order Allowing Parties to Use in this Action Discovery Provided in the TTAB Action by Car Body Lab, Inc.. Responses due by 5/21/2021 (Attachments: #1 Exhibit A - Stay Order, #2 Exhibit B - Standard Protective Order)(Weintraub, James) Modified/Stricken per DE 45 on 5/20/2021 (pes). |
| Filing 31 CERTIFICATE OF SERVICE by Car Body Lab, Inc. re #25 Certificate of Service, #20 Certificate of Service,,, #14 Summons Issued (Attachments: #1 Exhibit A - Certified Mail, #2 Exhibit B - Courtesy Copies, #3 Exhibit C - FedEx, #4 Exhibit D - Courtesy Copy)(Weintraub, James) |
| Filing 30 Defendant's Corporate Disclosure Statement by Lithia Motors, Inc. (Fischer, Ury) |
| Filing 29 RESPONSE in Opposition re #24 MOTION for Discovery - Expedited Lithia Motors, Inc.'s Response to Plaintiff's Motion for Expedited Discovery and Memorandum in Support filed by Lithia Motors, Inc.. Replies due by 5/12/2021. (Attachments: #1 Affidavit Declaration of Britt Anderson, #2 Exhibit Ex A to Anderson Decl., #3 Exhibit Ex B to Anderson Decl., #4 Exhibit Ex C to Anderson Decl., #5 Exhibit Ex D to Anderson Decl., #6 Exhibit Ex E to Anderson Decl., #7 Exhibit Ex F to Anderson Decl., #8 Exhibit Ex G to Anderson Decl., #9 Exhibit Ex H to Anderson Decl., #10 Exhibit Ex I to Anderson Decl., #11 Exhibit Ex J to Anderson Decl., #12 Exhibit Ex K to Anderson Decl.)(Fischer, Ury) |
| Filing 28 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeremy L. Buxbaum. Filing Fee $ 200.00 Receipt # AFLSDC-14663813 by Lithia Motors, Inc.. Responses due by 5/19/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Fischer, Ury) |
| Filing 27 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Britt L. Anderson. Filing Fee $ 200.00 Receipt # AFLSDC-14663760 by Lithia Motors, Inc.. Responses due by 5/19/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Fischer, Ury) |
| Filing 26 NOTICE of Attorney Appearance by Ury Fischer on behalf of Lithia Motors, Inc.. Attorney Ury Fischer added to party Lithia Motors, Inc.(pty:dft). (Fischer, Ury) |
| Filing 25 CERTIFICATE OF SERVICE by Car Body Lab, Inc. re #22 Acknowledgment of Service, #24 MOTION for Discovery - Expedited, #23 MOTION for Preliminary Injunction and Request for Oral Hearing (Weintraub, James) |
| Filing 24 MOTION for Discovery - Expedited by Car Body Lab, Inc.. Responses due by 5/7/2021 (Attachments: #1 Exhibit A - Proposed Interrogatories, #2 Exhibit B - Proposed Request for Production, #3 Exhibit C - Proposed Notice to Take Deposition)(Weintraub, James) |
| Filing 23 MOTION for Preliminary Injunction and Request for Oral Hearing by Car Body Lab, Inc.. (Attachments: #1 Exhibit A - Proposed Order, #2 Memorandum in Support of Motion, #3 Exhibit 19.1, #4 Exhibit 19.2, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27, #13 Exhibit 28, #14 Exhibit 29, #15 Exhibit 30, #16 Exhibit 31, #17 Exhibit 32, #18 Exhibit 33, #19 Exhibit 34, #20 Exhibit 35, #21 Exhibit 36, #22 Exhibit 37, #23 Exhibit 38, #24 Exhibit 39, #25 Exhibit 40, #26 Exhibit 41)(Weintraub, James) |
| Filing 22 ACKNOWLEDGMENT OF SERVICE as to #14 Summons Issued 04/19/2021 to Lithia Motors, Inc. c/o National Registered Agents, Statutory Agent filed by Car Body Lab, Inc.. (Weintraub, James) |
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Filing 21
ORDER granting Motions to Appear Pro Hac Vice #18 #19 . Signed by Judge Federico A. Moreno on 4/20/2021. See attached document for full details. (jz01)
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| Filing 20 CERTIFICATE OF SERVICE by Car Body Lab, Inc. re #19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David A. Kunselman. Filing Fee $ 200.00 Receipt # AFLSDC-14618317, #1 Complaint,,, #18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Deborah J. Michelson. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filin, #5 MOTION for Preliminary Injunction , #6 MOTION for Discovery - Expedited, #7 Certificate of Other Affiliates/Corporate Disclosure Statement, #14 Summons Issued, #17 Notice of Striking, (Weintraub, James) |
| Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David A. Kunselman. Filing Fee $ 200.00 Receipt # AFLSDC-14618317 by Car Body Lab, Inc.. Responses due by 5/3/2021 (Weintraub, James) |
| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Deborah J. Michelson. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #8 Motion to Appear Pro Hac Vice, by Car Body Lab, Inc.. Responses due by 5/3/2021 (Weintraub, James) |
| Filing 17 NOTICE of Striking #8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Deborah J. Michelson AND David A. Kunselman. Filing Fee $ 200.00 Receipt # AFLSDC-14614128 filed by Car Body Lab, Inc. by Car Body Lab, Inc. (Weintraub, James) |
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Filing 16
PAPERLESS ORDER denying #8 the pro hac vice motion without prejudice to pay for second attorney's admission or to indicate which of the two attorneys is designated. Signed by Judge Federico A. Moreno on 4/19/2021. (jz01)
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Filing 15
PAPERLESS ORDER denying the motions for expedited discovery and hearing without prejudice to refile after proof of service upon defendants. Signed by Judge Federico A. Moreno on 4/19/2021. (jz01)
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| Filing 14 Summons Issued as to Lithia Motors, Inc. (jao) |
| Filing 13 Clerks Notice to Filer- Two PHV Attorneys listed on Motion and only one fee paid; CORRECTIVE ACTION REQUIRED - The Filer must file a Notice of Striking, then file two separate Motions to Appear Pro Hac Vice along with the applicable filing fees as required in the CM/ECF Administrative Procedures. re #8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Deborah J. Michelson AND David A. Kunselman. Filing Fee $ 200.00 Receipt # AFLSDC-14614128 (pt) |
| Filing 12 NOTICE of Filing Proposed Summons(es) (CORRECTED) by Car Body Lab, Inc. re #1 Complaint,,, filed by Car Body Lab, Inc., #10 Notice of Filing Proposed Summons(es) filed by Car Body Lab, Inc. (Weintraub, James) |
| Filing 11 NOTICE of Filing Proposed Summons(es) (CORRECTED) by Car Body Lab, Inc. re #1 Complaint,,, filed by Car Body Lab, Inc., #9 Notice of Filing Proposed Summons(es) filed by Car Body Lab, Inc. (Weintraub, James) |
| Filing 10 NOTICE of Filing Proposed Summons(es) to Lithia Motors, Inc. c-o Statutory Agent by Car Body Lab, Inc. re #1 Complaint,,, filed by Car Body Lab, Inc. (Weintraub, James) |
| Filing 9 NOTICE of Filing Proposed Summons(es) to Lithia Motors, Inc. by Car Body Lab, Inc. re #1 Complaint,,, filed by Car Body Lab, Inc. (Weintraub, James) |
| Filing 8 STRICKEN per DE #17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Deborah J. Michelson AND David A. Kunselman. Filing Fee $ 200.00 Receipt # AFLSDC-14614128 by Car Body Lab, Inc.. Responses due by 4/30/2021 (Weintraub, James) Modified on 4/19/2021 (jao). |
| Filing 7 Corporate Disclosure Statement by Car Body Lab, Inc. (Weintraub, James) |
| Filing 6 MOTION for Discovery - Expedited by Car Body Lab, Inc.. Responses due by 4/30/2021 (Attachments: #1 Exhibit A - Proposed Interrogatories, #2 Exhibit B - Proposed Request for Production of Documents, #3 Exhibit C - Proposed Notice of Deposition)(Weintraub, James) |
| Filing 5 MOTION for Preliminary Injunction by Car Body Lab, Inc.. (Attachments: #1 Memorandum in Support of Motion for Preliminary Injunction, #2 Exhibit A - Proposed Order, #3 Exhibit 19.1, #4 Exhibit 19.2, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27, #13 Exhibit 28, #14 Exhibit 29, #15 Exhibit 30, #16 Exhibit 31, #17 Exhibit 32, #18 Exhibit 33, #19 Exhibit 34, #20 Exhibit 35, #21 Exhibit 36, #22 Exhibit 37, #23 Exhibit 38, #24 Exhibit 39, #25 Exhibit 40, #26 Exhibit 41)(Weintraub, James) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Incorrect Party Role Selected. The Filer failed to select the correct party role. The correction was made. It is not necessary to re-file this document. (pcs) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. 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. (pcs) |
| Filing 1 COMPLAINT against Lithia Motors, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14613544, filed by Car Body Lab, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 11, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 12, #21 Exhibit 13, #22 Exhibit 13, #23 Exhibit 14, #24 Exhibit 14, #25 Exhibit 15, #26 Exhibit 15, #27 Exhibit 15, #28 Exhibit 16, #29 Exhibit 16, #30 Exhibit 17, #31 Exhibit 18.1, #32 Exhibit 18.2, #33 Errata 18.3, #34 Exhibit 18.4, #35 Exhibit 18.5, #36 Exhibit 18.6, #37 Exhibit 18.7, #38 Exhibit 18.8, #39 Exhibit 18.9, #40 Exhibit 18.10)(Weintraub, James) |
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