DS Healthcare Group Inc. et al v. Aricol, Tov et al
| Meditago Holdings LLC and DS Healthcare Group Inc. |
| MSDesigns, General_King, Zaque Sales, West Side Trading, Saito's Store, Dimitri Popov, Aricol, Tov, Whims of Beauty, Quality Sourced Products and Lux_Deals |
| 1:2021cv21769 |
| May 10, 2021 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on July 7, 2021. A more recent docket listing may be available from PACER.
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Filing 48
PAPERLESS ORDER Setting Status Conference. This case is set for a status conference on July 21, 2021 at 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (mcy)
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Filing 47
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiffs effectuated service of the summons and complaint on Defendant Quality Sourced Products on June 8, 2021, [ECF No. 11] and Defendant Lux Deals on June 10, 2021, [ECF No. 20]. Defendants, however, have failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiffs shall file for entry of default by the Clerk as to the defendants. Within ten (10) days of entry of default by the Clerk, Plaintiffs shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiffs' failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action as to these defendants. Signed by Judge Darrin P. Gayles (mcy)
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Filing 46
PAPERLESS ORDER. In light of the #45 Notice of Settlement as to Defendant West Side Trading, which indicates that this matter has settled in full between Plaintiffs and West Side Trading (collectively, "the parties"), the parties are hereby notified that, within thirty (30) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action as to this defendant. Signed by Judge Darrin P. Gayles (mcy)
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| Filing 45 NOTICE of Settlement as to Defendant West Side Trading by DS Healthcare Group Inc., Meditago Holdings LLC (Klein, Geremy) |
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Filing 44
PAPERLESS ORDER adopting #43 Joint Stipulation to Adjourn Hearing set for July 1, 2021 sine die. The hearing set for July 1, 2021 is adjourned. The parties shall jointly file a status report within 60 days of the date of this Order. Signed by Judge Darrin P. Gayles (mcy)
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| Filing 43 STIPULATION re 32 Order Setting Hearing on Motion,, by DS Healthcare Group Inc., Meditago Holdings LLC (Attachments: #1 Text of Proposed Order Adopting Joint Stipulation)(Klein, Geremy) |
| Filing 42 NOTICE of Striking #40 Stipulation filed by Meditago Holdings LLC, DS Healthcare Group Inc. by DS Healthcare Group Inc., Meditago Holdings LLC (Klein, Geremy) |
| Filing 41 Clerks Notice to Filer re #40 Stipulation. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (cds) |
| Filing 40 (STRICKEN PER DE#42 ) STIPULATION re #6 Order on Expedited Motion, 32 Order Setting Hearing on Motion,, to Adjourn Hearing Set for July 1, 2021 by DS Healthcare Group Inc., Meditago Holdings LLC (Klein, Geremy) Modified Text on 6/28/2021 (cds). |
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Filing 39
PAPERLESS ORDER. Defendant WST shall be permitted to depose declarant Alejandro Buttari and the deposition shall be limited in scope to the issues discussed within the #24 declaration. At the hearing scheduled for July 1, 2021, each party may call 2 live witnesses. Any witnesses the parties intend to call at the hearing must be disclosed to the Court on or before Tuesday, June 29, 2021 at 5:00pm. Each party may depose any live witnesses intended to be called. Any other testimony must be via deposition, affidavit, or declaration. In preparation for the hearing, the parties may conduct discovery limited to the issues presented in the #1 Complaint and #5 Application for Entry of Temporary Restraining Order and Preliminary Injunction. Pursuant to the 2 Clerk's Notice of Judge Assignment, the parties shall bring any discovery disputes before Magistrate Judge Edwin Torres. Signed by Judge Darrin P. Gayles (mcy)
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| Filing 38 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 6/24/2021. Total time in court: 32 minutes. Counsel for Plaintiffs present, Counsel for WST present. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (mcy) |
| Filing 37 TRANSCRIPT of Motion Hearing via Videoconference held on 06/17/21 before Judge Darrin P. Gayles, 1-25 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2021. Redacted Transcript Deadline set for 7/26/2021. Release of Transcript Restriction set for 9/21/2021. (pdz) |
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Filing 36
PAPERLESS ORDER granting in part #34 Expedited Motion for Telephonic or Zoom Conference with the Court. This case is set for a status conference on June 24, 2021 at 1:30 PM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. The motion is otherwise denied. Signed by Judge Darrin P. Gayles (mcy)
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| Filing 35 REPLY to Response to Motion re #5 Plaintiff's EXPEDITED MOTION Injunctive Relief filed by DS Healthcare Group Inc., Meditago Holdings LLC. (Attachments: #1 Affidavit /Supplemental Declaration of Fernando Tamez Gutierrez)(Klein, Geremy) |
| Filing 34 EXPEDITED MOTION For Telephonic Or Zoom Conference With The Court re 32 Order Setting Hearing on Motion,, by West Side Trading. (Attachments: #1 Exhibit, #2 Exhibit)(Gielchinsky, Daniel) |
| Filing 33 NOTICE by DS Healthcare Group Inc., Meditago Holdings LLC re #6 Order on Expedited Motion (Attachments: #1 Exhibit Bond Posting Receipt) (Klein, Geremy) |
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Filing 32
PAPERLESS ORDER continuing the preliminary injunction hearing for July 1, 2021 at 3:30 pm for the reasons stated on the record. The hearing will be conducted via Zoom and the Zoom information will be provided on the docket prior to the hearing. In the interim, Plaintiff and Defendant West Side Trading (the "parties") shall continue to discuss the issues stated on the record, including scheduling the deposition of the declarant and perfecting service of process. The parties shall also submit a proposed order clarifying the Amazon restrictions. Moreover, the Court finds good cause to extend the #6 Temporary Restraining Order until the next hearing. Signed by Judge Darrin P. Gayles (mcy)
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Filing 31
PAPERLESS ORDER. Pursuant to #27 #28 #29 Plaintiffs' Notice of Voluntary Dismissal with Prejudice, this case is dismissed with prejudice as to General King, MSDesigns, and Whims of Beauty. Each party shall bear its own attorney's fees and costs. Signed by Judge Darrin P. Gayles (mcy)
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| Filing 30 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 6/17/2021 re #5 Plaintiff's EXPEDITED MOTION Injunctive Relief filed by Meditago Holdings LLC, DS Healthcare Group Inc. Total time in court: 30 minutes. Attorney Appearance(s): Rafael Recalde, Geremy Seth Klein, Mark Schlachet, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (mcy) |
| Filing 29 NOTICE of Voluntary Dismissal as to Defendant Whims of Beauty by DS Healthcare Group Inc., Meditago Holdings LLC (Attachments: #1 Text of Proposed Order Exhibit A) (Recalde, Rafael) |
| Filing 28 NOTICE of Voluntary Dismissal as to Defendant MSDesigns by DS Healthcare Group Inc., Meditago Holdings LLC (Recalde, Rafael) |
| Filing 27 NOTICE of Voluntary Dismissal as to Defendant General King by DS Healthcare Group Inc., Meditago Holdings LLC (Recalde, Rafael) |
| Filing 26 CERTIFICATE OF SERVICE by DS Healthcare Group Inc., Meditago Holdings LLC as to West Side Trading, Zaque Sales and Saito's Store (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Recalde, Rafael) |
| Filing 25 SUPPLEMENT to #12 Response in Opposition to Motion,, Opposition To The Declaration Of Alejandro Buttari by West Side Trading (Gielchinsky, Daniel) |
| Filing 24 AFFIDAVIT /Declaration signed by: Alejandro Buttari re #5 Plaintiff's EXPEDITED MOTION Injunctive Relief by DS Healthcare Group Inc., Meditago Holdings LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Klein, Geremy) |
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Filing 23
PAPERLESS ORDER. Pursuant to #22 Plaintiffs' Notice of Voluntary Dismissal with Prejudice, this action is dismissed with prejudice against Dimitri Popov, Aricol, Tov a/k/a Aricol LLC a/k/a Aricol Group a/k/a Aricol Group of Companies, and Aricol.com. Each party shall bear its own attorney's fees and costs. Signed by Judge Darrin P. Gayles (mcy)
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| Filing 22 NOTICE of Voluntary Dismissal as to Defendants ARICOL, TOV a/k/a ARICOL a/k/a ARICOL LLC a/k/a ARICOL GROUP a/k/a ARICOL GROUP OF COMPANIES; ARICOL.COM; and DIMITRY POPOV by DS Healthcare Group Inc., Meditago Holdings LLC (Klein, Geremy) |
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Filing 21
PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Mark Schlachet may appear and participate in this action on behalf of Defendant West Side Trading. The Clerk shall provide electronic notification of all electronic filings to Mark Schlachet at email address: markschlachet@me.com. Signed by Judge Darrin P. Gayles (mcy)
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| Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Meditago Holdings LLC, DS Healthcare Group Inc.. Lux_Deals served on 6/10/2021, answer due 7/1/2021. (Klein, Geremy) |
| Filing 19 NOTICE of Striking #17 Certificate of Service filed by Meditago Holdings LLC, DS Healthcare Group Inc. by DS Healthcare Group Inc., Meditago Holdings LLC (Klein, Geremy) |
| Filing 18 Clerks Notice to Filer re #17 Certificate of Service. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (cds) |
| Filing 17 (STRICKEN PER DE#19 ) CERTIFICATE OF SERVICE by DS Healthcare Group Inc., Meditago Holdings LLC re #6 Order on Expedited Motion (Klein, Geremy) Modified Text on 6/15/2021 (cds). |
| Filing 16 NOTICE by West Side Trading re #13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark Schlachet, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-14768578 (Gielchinsky, Daniel) |
| Filing 15 Clerks Notice to Filer re #12 Response in Opposition to Motion,,. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (cds) |
| Filing 14 Request for Increase in Bond ( Responses due by 6/29/2021), Request for Corrective Order Addressed to Amazon by West Side Trading. (For Image See DE#12 ) (cds) |
| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark Schlachet, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-14768578 by West Side Trading. Responses due by 6/29/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Gielchinsky, Daniel) |
| Filing 12 RESPONSE in Opposition re #5 Plaintiff's EXPEDITED MOTION Injunctive Relief And Supporting Memorandum Of Law; (2) Defendant West Side Tradings Request For Increase In Bond; (3) Defendant West Side Tradings Request For Corrective Order Addressed To Amazon; And (4) Annexed Declaration of Henry Silberstein filed by West Side Trading. Attorney Daniel Gielchinsky added to party West Side Trading(pty:dft). Replies due by 6/22/2021. (Attachments: #1 Affidavit)(Gielchinsky, Daniel) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Meditago Holdings LLC, DS Healthcare Group Inc.. Quality Sourced Products served on 6/8/2021, answer due 6/29/2021. (Klein, Geremy) |
| 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 Meditago Holdings LLC, DS Healthcare Group Inc.. Whims of Beauty served on 6/8/2021, answer due 6/29/2021. (Klein, Geremy) |
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Filing 9
PAPERLESS ORDER. The Zoom information for the preliminary injunction hearing on June 17, 2021 at 2:00 pm is below. Meeting ID: 160 148 7607Passcode: 058268 Signed by Judge Darrin P. Gayles (mcy)
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| Filing 8 Summons Issued as to General_King, Lux_Deals, MSDesigns, Quality Sourced Products, West Side Trading, Whims of Beauty, Zaque Sales. (cds) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by DS Healthcare Group Inc., Meditago Holdings LLC (Attachments: #1 Summon(s) Zaque Sales, #2 Summon(s) Whims of Beauty, #3 Summon(s) West Side Trading, #4 Summon(s) Quality Sourced Products, #5 Summon(s) MSDesigns, #6 Summon(s) Lux_Deals, #7 Summon(s) General_King) (Klein, Geremy) |
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Filing 6
ORDER granting #5 Plaintiffs' Expedited Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction. Signed by Judge Darrin P. Gayles See attached document for full details. (mcy)
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| Filing 5 Plaintiff's EXPEDITED Ex- Parte Application for Entry of Temporary Restraining Order, Preliminary Injuction and Memorandum of Law in Support Thereof by DS Healthcare Group Inc., Meditago Holdings LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Affidavit of Fernando Tamez, #14 Exhibit Exhibit A to Declaration, #15 Text of Proposed Order on Expedited Motion)(Klein, Geremy) Modified Text on 6/2/2021 (cds). |
| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (mcy) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. 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. (cds) |
| Filing 1 COMPLAINT For Damages and Injunctive Relief against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14675554, filed by Meditago Holdings LLC, DS Healthcare Group Inc.. (Attachments: #1 Exhibit Composite Exhibit 1, #2 Exhibit Composite Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Composite Exhibit 4, #5 Exhibit Composite Exhibit 5, #6 Exhibit Composite Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Composite Exhibit 9, #10 Exhibit Composite Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Civil Cover Sheet Civil Cover Sheet)(Recalde, Rafael) |
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