Southpoint Academy EES LLC v. South Point Scholars Academy, Inc. et al
| Southpoint Academy EES LLC |
| South Point Scholars Academy, Inc., Niurka Gonzalez, Management School Solutions, Inc., Rafael Arza and Ruben Diaz |
| 1:2021cv23247 |
| September 8, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Stipulation for Dismissal. #13 . Federal Rule of Civil Procedure 41(a) allows a plaintiff to voluntarily dismiss a claim (1) prior to a defendant's filing of an answer or a motion for summary judgment, or (2) by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1). Here, the Stipulation #13 is signed by both parties. See Fed. R. Civ. P. 41(a)(1)(A)(i)-(ii). Accordingly, UPON CONSIDERATION of the Stipulation #13 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 10/26/2021. (thn)
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| Filing 13 STIPULATION of Dismissal by Southpoint Academy EES LLC (Sanchelima, Christian) |
| Reset Deadlines Rafael Arza answer due 10/26/2002; Ruben Diaz answer due 10/26/2002; Management School Solutions, Inc. answer due 10/26/2002. Per DE#12. (cqs) |
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion for Extension of Time. #10 . Defendants Management School Solutions, Inc. ("Management School") and Ruben Diaz ("Diaz") were served on September 14, 2021 and their deadline to respond to the Complaint is October 5, 2021. #7 ; #8 . Defendant Rafael Arza ("Arza") was served on September 27, 2021, and thus must respond to the Complaint on or before October 18, 2021. #9 . Now, Defendants all move for an extension of the deadline to file a response to the Complaint from October 5, 2021 to October 26, 2021. #10 . Defendants explain that an extension is necessary because they have just retained counsel that specializes in the issues presented in the above-captioned case. #10 . However, Plaintiff has not filed a Notice of Return of Service in this matter as to Defendant South Point Scholars Academy, Inc. ("South Point") or Defendant Niurka Gonzalez ("Gonzalez"). Therefore, the Court is unable to determine what the deadlines are for Defendants South Point or Gonzalez to respond to the Complaint is in the first place. Fed. R. Civ. P. 12(a)(1)(A)(i) (providing that a defendant must respond to a complaint within 21 days after being served with the summons and complaint); Fed. R. Civ. P. 4(l)(1) ("Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server's affidavit"). The Court cannot extend a deadline which does not exist, as to Defendants South Point and Gonzalez. With respect to Defendants Management School, Diaz, and Arza, the Court find good cause for an extension of the deadline to respond to the Complaint. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #10 is GRANTED IN PART AND DENIED IN PART. Defendants Management School, Inc., Diaz, and Arza shall file a response to the Complaint on or before October 26, 2021. The Parties are encouraged to review, and comply with, Federal Rules of Civil Procedure 12(a) and 4(l). Signed by Judge K. Michael Moore on 10/6/2021. (thn)
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| Filing 11 NOTICE by Rafael Arza, Ruben Diaz, Niurka Gonzalez, Management School Solutions, Inc., South Point Scholars Academy, Inc. re #10 First MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, of Update to Local Rule 7.1(A)(3) Conference Certificate to Defendants' Motion for Extension of Time [DE 10] (Espinosa, Jorge) |
| Filing 10 First MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Rafael Arza, Ruben Diaz, Niurka Gonzalez, Management School Solutions, Inc., South Point Scholars Academy, Inc.. Attorney Jorge Tadeo Espinosa added to party Rafael Arza(pty:dft), Attorney Jorge Tadeo Espinosa added to party Ruben Diaz(pty:dft), Attorney Jorge Tadeo Espinosa added to party Niurka Gonzalez(pty:dft), Attorney Jorge Tadeo Espinosa added to party Management School Solutions, Inc.(pty:dft), Attorney Jorge Tadeo Espinosa added to party South Point Scholars Academy, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Espinosa, Jorge) |
| 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 Southpoint Academy EES LLC. Rafael Arza served on 9/27/2021, answer due 10/18/2021. (Sanchelima, Christian) |
| 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 Southpoint Academy EES LLC. Ruben Diaz served on 9/14/2021, answer due 10/5/2021. (Sanchelima, Christian) |
| 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 Southpoint Academy EES LLC. Management School Solutions, Inc. served on 9/14/2021, answer due 10/5/2021. (Sanchelima, Christian) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 9/10/2021. (thn)
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Filing 5
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 9/10/2021. (thn)
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| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (mee) |
| Filing 3 Summons Issued as to Rafael Arza, Ruben Diaz, Niurka Gonzalez, Management School Solutions, Inc., South Point Scholars Academy, Inc.. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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. (mee) |
| Filing 1 COMPLAINT against Rafael Arza, Ruben Diaz, Niurka Gonzalez, Management School Solutions, Inc., South Point Scholars Academy, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14994536, filed by Southpoint Academy EES LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Website 2013, #4 Exhibit Website and Social Media, #5 Exhibit Defendant's Board Minutes, #6 Exhibit Photo, #7 Exhibit screen capture, #8 Exhibit screen capture facebook, #9 Exhibit board meeting)(Sanchelima, Christian) |
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