Carol Cole Company v. Akika.com LLC et al
| Carol Cole Company a California corporation doing business as NUFACE |
| Akika.com LLC a Florida limited liability company doing business as MY DERMA DREAM, Wouter Akika, Antonio Durante and Does 1-10 |
| 1:2023cv22204 |
| June 14, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Trademark |
| 15 U.S.C. § 1121 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 Summons Issued as to Akika.com LLC. (jas) |
| Filing 30 NOTICE of Filing Proposed Summons(es) as to Defendant Akika.com LLC by Carol Cole Company re #22 Amended Complaint/Amended Notice of Removal filed by Carol Cole Company (Read, Alexis) |
| Filing 29 Summons Issued as to Wouter Akika, Antonio Durante. (jas) |
| Filing 28 Clerk's Notice to Filer re: Summons(es) will not be issued. See DE#25 . Multiple parties cannot be listed on a single summons. One summons is required for each party. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (jas) |
| Filing 27 NOTICE of Filing Proposed Summons(es) as to Defendant Wouter Akika by Carol Cole Company re #22 Amended Complaint/Amended Notice of Removal filed by Carol Cole Company (Read, Alexis) |
| Filing 26 NOTICE of Filing Proposed Summons(es) as to Defendant Antonio Durante by Carol Cole Company re #22 Amended Complaint/Amended Notice of Removal filed by Carol Cole Company (Read, Alexis) |
| Filing 25 NOTICE of Filing Proposed Summons(es) by Carol Cole Company re #22 Amended Complaint/Amended Notice of Removal filed by Carol Cole Company (Read, Alexis) |
| Filing 24 SUMMONS (Affidavit) Returned Executed on #19 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Carol Cole Company. Akika.com LLC served on 6/19/2023, response/answer due 7/10/2023. (Read, Alexis) |
| Filing 23 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 6/21/2023. (mja) |
| Filing 22 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Carol Cole Company. (Attachments: #1 Exhibit "A" - Trade Dress Registration)(Read, Alexis) |
| Filing 21 Summons Issued as to Wouter Akika, Antonio Durante. (jas) |
Filing 20
PAPERLESS ORDER dismissing #19 First Amended Complaint. Plaintiff has filed yet another shotgun pleading. Counts II, III, and VI-XIII all incorporate allegations from preceding Counts. Specifically: (1) Count II incorporates allegations from Count I (paragraphs 49-57); (2) Count III incorporates allegations from Counts I and II (paragraphs 49-66); (3) Count VI incorporates allegations from Counts II, III, and IV (paragraphs 49-82); (4) Count VII incorporates allegations from Counts II, III, IV, and VI (paragraphs 49-82 and 92-97); Count VIII incorporates allegations from Count IV (paragraphs 75-82); (5) Count IX incorporates allegations from Count IV (paragraphs 75-82); (6) Count X incorporates allegations from Counts IV and IX (paragraphs 75-82 and 113-121); (7) Count XI incorporates allegations from Counts IV, IX, and X (paragraphs 75-82 and 113-128); (8) Count XII incorporates allegations from Counts IV, IX, X, and XI (paragraphs 75-82 and 113-136); and (9) Count XIII incorporates allegations from Counts IV, IX, X, XI, and XII (paragraphs 75-82 and 113-143). As the Court noted in its Order on June 16, 2023, this is a technical, yet significant, error which requires dismissal. Shotgun pleadings 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). Accordingly, Plaintiff's #19 First Amended Complaint is dismissed. Plaintiff may file a Second Amended Complaint within twenty (20) days of this order. Submission of another shotgun complaint may result in a dismissal of this action with prejudice. Signed by Judge Darrin P. Gayles on 6/20/2023. (mja)
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| Filing 19 First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Carol Cole Company. (Attachments: #1 Exhibit "A" - Trade Dress Registration)(Read, Alexis) |
| Filing 18 NOTICE of Striking #10 Notice (Other) filed by Carol Cole Company by Carol Cole Company (Read, Alexis) |
| Filing 17 Corporate Disclosure Statement by Carol Cole Company (Read, Alexis) |
| Filing 16 Clerk's Notice to Filer re #10 Notice (Other). Wrong Event Selected - Document is a Certificate of Other Affiliates/Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must File a Notice of Striking, then refile the document using the Certificate of Other Affiliates/Corporate Disclosure Statement event and ensure all Other Affiliates/Corporate Parents are entered. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (jas) |
| Filing 15 Clerk's Notice of Docket Correction re 14 Certificate of Other Affiliates/Corporate Disclosure Statement. Docketed in error Other. (jas) |
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Filing 13
PAPERLESS ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Michael T. Lane is permitted to appear before this Court on behalf Plaintiff, Carol Cole Company, for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Michael T. Lane at mlane@lewiskohn.com. Signed by Judge Darrin P. Gayles on 6/16/2023. (mja)
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Filing 12
PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Joshua J. Richman is permitted to appear before this Court on behalf Plaintiff, Carol Cole Company, for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Joshua J. Richman at jrichman@lewiskohn.com. Signed by Judge Darrin P. Gayles on 6/16/2023. (mja)
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Filing 11
PAPERLESS ORDER dismissing without prejudice Plaintiff's #1 Complaint. The Complaint is a shotgun pleading. Weiland v. Palm Beach Cnty. Sheriffs Off., 792 F.3d 1313, 1320-21 (11th Cir. 2015). Specifically, Counts II-XIII incorporate "all foregoing paragraphs" from the preceding counts, "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 pleadings 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 pleadings are routinely condemned by the Eleventh Circuit. Plaintiff may file an Amended Complaint withing twenty (20) days of this order. Signed by Judge Darrin P. Gayles on 6/16/2023. (mja)
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| Filing 10 STRICKEN per DE#18 , NOTICE by Carol Cole Company Certificate of Interested Parties (Read, Alexis) Modified text on 6/16/2023 (jas). |
| Filing 9 NOTICE of Filing Proposed Summons(es) Wouter Akika by Carol Cole Company re #1 Complaint, filed by Carol Cole Company (Read, Alexis) |
| Filing 8 NOTICE of Filing Proposed Summons(es) Antonio Durante by Carol Cole Company re #1 Complaint, filed by Carol Cole Company (Read, Alexis) |
| Filing 7 Summons Issued as to Akika.com LLC. (jas) |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael T. Lane. Filing Fee $ 200.00 Receipt # AFLSDC-16693905 by Carol Cole Company. Responses due by 6/28/2023 (Attachments: #1 Text of Proposed Order)(Read, Alexis) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua J. Richman. Filing Fee $ 200.00 Receipt # AFLSDC-16693875 by Carol Cole Company. Responses due by 6/28/2023 (Attachments: #1 Text of Proposed Order)(Read, Alexis) |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (rbe) |
| Filing 3 NOTICE of Filing Proposed Summons(es) by Carol Cole Company re #1 Complaint, filed by Carol Cole Company (Read, Alexis) |
| 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 for Trade Dress Infringement, Counterfeiting, Copyright Infringement, Unfair Competition, False Advertisting, Violations of Rights of Publicity, and Civil Theft against Wouter Akika, Akika.com LLC, Does 1-10, Antonio Durante. Filing fees $ 402.00 receipt number AFLSDC-16693210, filed by Carol Cole Company. (Attachments: #1 Exhibit "A" - Trade Dress Registration, #2 Civil Cover Sheet, #3 Report on Trademark Acton Filing)(Read, Alexis) |
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