ITG CIGARS INC. v. PW INDUSTRIES LLC et al
| ITG CIGARS INC. |
| PW INDUSTRIES LLC and ANTHONY CAPONE |
| 1:2023cv21656 |
| May 3, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Trademark |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Filing 17 SUMMONS (Affidavit) Returned Executed on #12 Amended Complaint/Amended Notice of Removal, #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ITG CIGARS INC.. ANTHONY CAPONE served on 6/21/2023, response/answer due 7/12/2023. (Hall, Monifa) |
| Filing 16 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by PW INDUSTRIES LLC (Espinosa, Jorge) |
Filing 15
PAPERLESS ORDER granting #14 Unopposed Motion by Defendant, PW Industries LLC, for First Extension of Time to Respond to the Amended Complaint. On or before July 10, 2023, Defendant PW Industries LLC shall file its response to the #12 Amended Complaint. Signed by Judge Darrin P. Gayles on 6/6/2023. (mja)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 Amended Complaint/Amended Notice of Removal, by PW INDUSTRIES LLC. Attorney Jorge Tadeo Espinosa added to party PW INDUSTRIES LLC(pty:dft). (Attachments: #1 Text of Proposed Order Granting Unopposed Motion by Defendant PW Industries LLC for First Extension of Time to Respond to Amended Complaint.pdf)(Espinosa, Jorge) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #12 Amended Complaint/Amended Notice of Removal, #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ITG CIGARS INC.. PW INDUSTRIES LLC served on 5/19/2023, response/answer due 6/9/2023. (Hall, Monifa) |
| Filing 12 AMENDED COMPLAINT against ANTHONY CAPONE, PW INDUSTRIES LLC, filed by ITG CIGARS INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Hall, Monifa) |
| Filing 11 NOTICE of Striking ECF No. 7 by ITG CIGARS INC. (Hall, Monifa) |
| Filing 10 Clerk's Notice to Filer re #7 Notice (Other),. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - 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 typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ebz) |
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Filing 9
PAPERLESS ORDER dismissing without prejudice Plaintiffs #1 Complaint. Plaintiffs Complaint is a shotgun pleading. Weiland v. Palm Beach Cnty. Sheriffs Off., 792 F.3d 1313, 1320-21 (11th Cir. 2015). Specifically, six of the seven causes of action incorporate allegations found in the preceding cause of action, "leading to a situation where most of the counts (i.e., all but the first) contain irrelevant factual allegations and legal conclusions." Strategic Income Fund, L.L.C. v. Spear, Leeds & Kellogg Corp., 305 F.3d 1293, 1295 (11th Cir. 2002); Magluta v. Samples, 256 F.3d 1282, 1284 (11th Cir. 2001). This is a technical, yet significant, error which requires dismissal. Shotgun complaints make it "virtually impossible to know which allegations of fact are intended to support which claim(s) for relief." Anderson v. Dist. Bd. of Trs. of Cent. Fla. Cmty. Coll., 77 F.3d 364, 366 (11th Cir. 1996). As such, shotgun complaints are routinely condemned by the Eleventh Circuit. Plaintiff may file an Amended Complaint within twenty (20) days of this order. Signed by Judge Darrin P. Gayles on 5/3/2023. (mja)
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| Filing 8 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 on 5/3/2023. (mja) |
| Filing 7 STRICKEN. NOTICE by ITG CIGARS INC. of Filing Exhibits to Complaint (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L) (Hall, Monifa) Modified per DE #11 Notice of Striking on 5/4/2023 (ebz). |
| Filing 6 Corporate Disclosure Statement by ITG CIGARS INC. identifying Corporate Parent Imperial Brands PLC, Corporate Parent Altadis Holdings U.S.A. Inc., Corporate Parent ITG Holdings USA Inc., Corporate Parent Consolidated Cigar Holdings Inc. for ITG CIGARS INC. (Hall, Monifa) |
| Filing 5 Bar Letter re: Admissions sent to attorney Russell D. Dize and Michael R. Patrick, mailing date May 3, 2023, (pt) |
| Filing 4 Summons Issued as to ANTHONY CAPONE, PW INDUSTRIES LLC. (rbe) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (rbe) |
| 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. (rbe) |
| Filing 1 COMPLAINT against All Plaintiffs. Filing fees $ 402.00 receipt number AFLSDC-16587779, filed by ITG CIGARS INC.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Hall, Monifa) |
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