Diaz v. Doctors Best Weight Loss & Wellness Center, LLC et al
Plaintiff: Cristina M Diaz
Defendant: Christian Forster and Doctors Best Weight Loss & Wellness Center, LLC
Case Number: 1:2021cv22386
Filed: June 30, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Beth Bloom
Referring Judge: Alicia M Otazo-Reyes
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2021 Opinion or Order Filing 16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint,,,, by Doctors Best Weight Loss & Wellness Center, LLC, Christian Forster. Responses due by 8/30/2021 (Lievano, Gabriel)
August 13, 2021 Opinion or Order Filing 15 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 10/12/2021., Discovery due by 4/5/2022., Expert Discovery due by 4/5/2022., Joinder of Parties due by 10/12/2021., Mediation Deadline 4/19/2022., In Limine Motions due by 4/27/2022., Dispositive Motions due by 4/27/2022., Motions due by 4/27/2022., Pretrial Stipulation due by 7/18/2022., Jury Trial set for 8/1/2022 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 7/26/2022 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. (Mediation Deadline 4/19/2022.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 8/13/2021. See attached document for full details. (mc) #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.
August 11, 2021 Opinion or Order Filing 14 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed & Certificate of Interested Parties per Court's Order Requiring Scheduling Report and Certificates of Interested Parties (Dkt. No. 5), by Cristina M Diaz (Latham, Susan)
August 11, 2021 Opinion or Order Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by Cristina M Diaz (Attachments: #1 Exhibit Ex. A: Election to Jurisdiction by a United States Magistrate Judge for Final Disposition of Motion, #2 Text of Proposed Order Ex. B: Jointly Proposed Order Setting Prerial Deadlines and Trial Date)(Latham, Susan)
July 27, 2021 Opinion or Order Filing 12 PAPERLESS ORDER granting #11 Defendants' Unopposed Motion for Extension of Time to Plaintiff Cristina M. Diaz's Complaint. Defendants shall file their response to the the Complaint no later than August 16, 2021. Answer/response due 8/16/2021. Signed by Judge Beth Bloom (ak03)
July 27, 2021 Opinion or Order Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,, by Doctors Best Weight Loss & Wellness Center, LLC, Christian Forster. (Lievano, Gabriel)
July 22, 2021 Opinion or Order Filing 10 NOTICE of Attorney Appearance by Gabriel A. Lievano on behalf of Doctors Best Weight Loss & Wellness Center, LLC, Christian Forster. Attorney Gabriel A. Lievano added to party Doctors Best Weight Loss & Wellness Center, LLC(pty:dft), Attorney Gabriel A. Lievano added to party Christian Forster(pty:dft). (Lievano, Gabriel)
July 20, 2021 Opinion or Order Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Cristina M Diaz. Christian Forster served on 7/16/2021, answer due 8/6/2021. (Attachments: #1 Affidavit of Service Upon Defendant Christian Forster on July 16, 2021)(Latham, Susan)
July 13, 2021 Opinion or Order 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 Cristina M Diaz. Doctors Best Weight Loss & Wellness Center, LLC served on 7/7/2021, answer due 7/28/2021. (Attachments: #1 Affidavit of Service Upon Defendant Doctors Best Weight Loss & Wellness Center LLC on July 7, 2021)(Latham, Susan)
July 1, 2021 Opinion or Order Filing 7 Summons Issued as to Doctors Best Weight Loss & Wellness Center, LLC, Christian Forster. (scn)
July 1, 2021 Opinion or Order Filing 6 NOTICE of Filing Proposed Summons(es) to Doctors Best and Christian Forster by Cristina M Diaz re 4 Clerks Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s) to Doctors Best (corrected), #2 Summon(s) to Christian Forster (corrected)) (Latham, Susan)
July 1, 2021 Opinion or Order Filing 5 Order Requiring Scheduling Report and Certificates of Interested Parties. Signed by Judge Beth Bloom on 7/1/2021. See attached document for full details. (scn)
July 1, 2021 Opinion or Order Filing 4 Clerks Notice to Filer re: Summonses cannot be issued. Attorney's return address is not listed on summonses. (scn)
July 1, 2021 Opinion or Order Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (scn)
June 30, 2021 Opinion or Order 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 Alicia M. Otazo-Reyes 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. (scn)
June 30, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14811119, filed by Cristina M Diaz. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) to Doctors Best Weight Loss & Wellness Center, LLC, #3 Summon(s) to Christian Forster, #4 Exhibit 1 - C Diaz_Workout posts, #5 Exhibit 2 - C Diaz_Healthy meal prep posts, #6 Exhibit 3 - C Diaz_Photos advice, #7 Exhibit 4 - C Diaz_Pregnancy weight struggles, #8 Exhibit 5 - C Diaz_Committed to answering questions fr followers, #9 Exhibit 6 - C Diaz_Fitness Bootcamps, #10 Exhibit 7 - C Diaz_the Guide announcement, #11 Exhibit 8 - C Diaz_YouTube channel, #12 Exhibit 9 - Red Sneaker Before & After Collage, #13 Exhibit 10 - Defs Website intro, #14 Exhibit 11 - Chart of Unauthorized Use on Amazon by Defs, #15 Exhibit 12 - Defs Amazon pretzel sales listing, #16 Exhibit 13 - Defs Amazon peanut butter cup sales listing, #17 Exhibit 14 - Defs Unauthorized use on website transformations page, #18 Exhibit 15 - Defs website shopping capabilities, #19 Exhibit 16 - Actual confusion caused by Defs)(Latham, Susan)

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Defendant: Christian Forster
Represented By: Gabriel A. Lievano
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Defendant: Doctors Best Weight Loss & Wellness Center, LLC
Represented By: Gabriel A. Lievano
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Plaintiff: Cristina M Diaz
Represented By: Susan Joy Latham
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