NeuroMd Medical Technologies LLC v. Amazon.com, Inc.
NeuroMd Medical Technologies LLC |
Amazon.com, Inc. |
1:2023cv21760 |
May 10, 2023 |
US District Court for the Southern District of Florida |
Darrin P Gayles |
Trademark |
15 U.S.C. § 1114 Trademark Infringement |
Defendant |
Docket Report
This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
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Filing 20 Plaintiff's MOTION to Strike #15 Answer to Amended Complaint Motion to Strike Affirmative Defenses by NeuroMd Medical Technologies LLC. Responses due by 7/31/2023 (Solnick, Peter) |
Filing 19 Joint MOTION for Extension of Time to file Joint Scheduling Report re #17 Order Requiring Joint Scheduling Report,,, by NeuroMd Medical Technologies LLC. Responses due by 7/24/2023 (Solnick, Peter) |
Filing 18 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by NeuroMd Medical Technologies LLC (Solnick, Peter) |
Filing 17 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before July 20, 2023, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 7/6/2023. (mja) |
Filing 16 Corporate Disclosure Statement by Amazon.com, Inc. (DeStefano, Michael) |
Filing 15 ANSWER to Amended Complaint with Jury Demand by Amazon.com, Inc.. (DeStefano, Michael) |
Filing 14 PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Joseph C. Gratz is permitted to appear before this Court on behalf Defendant, Amazon.com, Inc., for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Joseph C. Gratz at jgratz@mofo.com. Signed by Judge Darrin P. Gayles on 6/30/2023. (mja) |
Filing 13 PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Allyson R. Bennett is permitted to appear before this Court on behalf Defendant, Amazon.com, Inc., for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Allyson R. Bennett at abennett@mofo.com. Signed by Judge Darrin P. Gayles on 6/30/2023. (mja) |
Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph C. Gratz. Filing Fee $ 200.00 Receipt # AFLSDC-16734036 by Amazon.com, Inc.. Responses due by 7/14/2023 (Attachments: #1 Certification of Joseph C. Gratz, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(DeStefano, Michael) |
Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Allyson R. Bennett. Filing Fee $ 200.00 Receipt # AFLSDC-16733984 by Amazon.com, Inc.. Responses due by 7/14/2023 (Attachments: #1 Certification of Allyson R. Bennett, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(DeStefano, Michael) |
Filing 10 NOTICE of Attorney Appearance by Michael James DeStefano on behalf of Amazon.com, Inc.. Attorney Michael James DeStefano added to party Amazon.com, Inc.(pty:dft). (DeStefano, Michael) |
Filing 9 STIPULATION re #8 Summons Returned Executed, #1 Complaint, by NeuroMd Medical Technologies LLC (Solnick, Peter) |
Filing 8 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by NeuroMd Medical Technologies LLC. Amazon.com, Inc. served on 5/15/2023, response/answer due 6/5/2023. (Solnick, Peter) |
Filing 7 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 5/15/2023. (mja) |
Filing 6 Plaintiff's AMENDED COMPLAINT against Amazon.com, Inc. filed in response to Order Granting Motion for Leave, filed by NeuroMd Medical Technologies LLC. (Attachments: #1 Exhibit USPTO Registration, #2 Exhibit google.com AD, #3 Exhibit Bing Ad, #4 Exhibit Yahoo Ad, #5 Exhibit Amazon webpage)(Solnick, Peter) |
Filing 5 PAPERLESS ORDER dismissing without prejudice Plaintiff's #1 Complaint. Plaintiff's Complaint is a shotgun pleading. Weiland v. Palm Beach Cnty. Sheriffs Off. , 792 F.3d 1313, 1320-21 (11th Cir. 2015). Specifically, three of the four claims for relief incorporate allegations found in preceding claims for relief, "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 5/12/2023. (mja) |
Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pc) |
Filing 3 Summons Issued as to Amazon.com, Inc.. (pc) |
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. (pc) |
Filing 1 COMPLAINT against Amazon.com, Inc.. Filing fees $ 402.00. Pay.gov Agency Tracking ID FLSDC-AFLSDC-16608428, payment transferred from : NeuroMd Medical Technologies, LLC v. Amazon.com, Inc., filed by NeuroMd Medical Technologies LLC. (Attachments: #1 Exhibit USPTO Registration, #2 Exhibit google.com ad, #3 Exhibit microsoft bing ad, #4 Exhibit yahoo.com ad, #5 Exhibit Amazon webpage, #6 Civil Cover Sheet civil cover sheet, #7 Summon(s) summons)(Solnick, Peter) |
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Plaintiff: NeuroMd Medical Technologies LLC | |
Represented By: | Peter J. Solnick |
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Defendant: Amazon.com, Inc. | |
Represented By: | Allyson R. Bennett |
Represented By: | Michael James DeStefano |
Represented By: | Joseph C. Gratz |
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