Rocksolid Granit (USA), Inc. v. Kingdom Renovations, Inc. et al
| ROCKSOLID GRANIT (USA), INC. doing business as Granite Transformations |
| Kingdom Renovations, Inc., Jarren Nagy, Hermann David and David Herman |
| 1:2023cv22883 |
| August 2, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Contract: Franchise |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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Filing 23
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for Enlargement of Time to Respond to Defendants' Motion to Dismiss Complaint and/or Alternatively, Motion to Transfer Venue. #22 . Therein, Plaintiff requests a brief extension of time to file a response due to a confluence of caseload deadlines, as well as reviewing documents relevant to this action to properly respond. See generally id. Defendant does not oppose Plaintiff's request. Id. at 2. 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 #22 is GRANTED. Plaintiff shall file a response to Defendant's Motion to Dismiss on or before October 12, 2023. Signed by Judge K. Michael Moore on 9/19/2023. (sdu)
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #19 MOTION to Dismiss #1 Complaint, and/or Alternatively, MOTION to Change/Transfer Venue AND INCORPORATED MEMORANDUM OF LAW by Rocksolid Granit (USA), Inc.. (Attachments: #1 Text of Proposed Order)(Padula, Stephen) |
| Filing 21 Clerk's Notice to Filer re #19 MOTION to Dismiss #1 Complaint,,,,, or in the Alternative to Transfer Venue. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) |
| Filing 20 NOTICE of Filing Exhibits by David Herman, Kingdom Renovations, Inc., Jarren Nagy re #19 MOTION to Dismiss #1 Complaint,,,,, and/or Alternatively,MOTION to Change/Transfer Venue (Attachments: #1 Exhibit A - Declaration of Ishibashi Exhibits) (Denny, Charles) Modified Text on 9/13/2023 (ls). |
| Filing 19 MOTION to Dismiss #1 Complaint, and/or Alternatively, by David Herman, Kingdom Renovations, Inc., Jarren Nagy. Responses due by 9/22/2023 (Attachments: #1 Exhibit A - Declaration of Nagy, #2 Exhibit B - Declaration of Ishibashi, #3 Exhibit C- Declaration of Herrmann)(Denny, Charles). Added MOTION to Change/Transfer Venue on 9/13/2023 (ls). |
| Filing 18 Corporate Disclosure Statement by Kingdom Renovations, Inc. (Denny, Charles) |
| Reset Response/Answer Due Deadline: David Herman response/answer due 9/8/2023; Kingdom Renovations, Inc. response/answer due 9/8/2023; Jarren Nagy response/answer due 9/8/2023. (ls)(per DE #17) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. #13 . Therein, Defendants request a brief extension of time to file a response because counsel was just retained and needs additional time to confer with Defendants and investigate the issues raised. Id. at 1-2. Plaintiff does not oppose Defendant's request. Id. at 2. 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 #13 is GRANTED. Defendant shall file a response to Plaintiff's Complaint on or before September 8, 2023. Signed by Judge K. Michael Moore on 8/30/2023. (sdu)
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| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Rocksolid Granit (USA), Inc.. Kingdom Renovations, Inc. served on 8/10/2023, response/answer due 8/31/2023. (Padula, Stephen) |
| Filing 15 NOTICE of Striking #10 Summons Returned Executed, filed by Rocksolid Granit (USA), Inc. by Rocksolid Granit (USA), Inc. (Padula, Stephen) |
| Filing 14 Clerk's Notice to Filer re #10 Summons Returned Executed,.Wrong Party Name(s) Selected; ERROR - The wrong party name was selected.; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must file a Notice of Striking, then refile the document selecting the party that was served. (ls) |
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,,, by David Herman, Kingdom Renovations, Inc., Jarren Nagy. Attorney Charles W Denny, IV added to party David Herman(pty:dft), Attorney Charles W Denny, IV added to party Kingdom Renovations, Inc.(pty:dft), Attorney Charles W Denny, IV added to party Jarren Nagy(pty:dft). (Denny, Charles) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Rocksolid Granit (USA), Inc.. Jarren Nagy served on 8/11/2023, response/answer due 9/1/2023. (Padula, Stephen) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Rocksolid Granit (USA), Inc.. David Herman served on 8/11/2023, response/answer due 9/1/2023. (Padula, Stephen) |
| Filing 10 "STRICKEN" SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Rocksolid Granit (USA), Inc.. Rocksolid Granit (USA), Inc. served on 8/10/2023, response/answer due 8/31/2023. (Padula, Stephen) Modified on 8/30/2023 (ls). (per DE #15 ) |
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Anthony Davis to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #7 . 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 #7 is GRANTED. Anthony Davis may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to adavis@ogcsolutions.com.PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Marco Gonzalez Jr. to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #8 . 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 #8 is GRANTED. Marco Gonzalez Jr. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to mgonzalez@ogcsolutions.com. Signed by Judge K. Michael Moore (rfr)
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| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marco A. Gonzalez, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-16825774 by ROCKSOLID GRANIT (USA), INC.. Responses due by 8/22/2023 (Attachments: #1 Certification of Marco A. Gonzalez, Jr.)(Padula, Stephen) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anthony J. Davis. Filing Fee $ 200.00 Receipt # AFLSDC-16825716 by ROCKSOLID GRANIT (USA), INC.. Responses due by 8/22/2023 (Attachments: #1 Certification of Anthony J. Davis)(Padula, Stephen) |
| Filing 6 Summons Issued as to David Herman, Kingdom Renovations, Inc., Jarren Nagy. (kpe) |
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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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 (3) 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. PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge 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 (rfr)
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| Filing 4 Bar Letter re: Admissions sent to attorney Anthony J. Davis and Marco A. Gonzalez Jr, mailing date August 2, 2023, (pt) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint, Exhibit, and Civil Cover Sheet) (wce) |
| 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. (wce) |
| Filing 1 COMPLAINT /VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY JUDGMENT AND DAMAGES against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16811513, filed by ROCKSOLID GRANIT (USA), INC.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Kingdom Renovations Inc., #3 Summon(s) Jarren Nagy, #4 Summon(s) David Hermann, #5 Exhibit A - Conditional Consent to Assignment of Franchise Agreements and Subleases dated September 4 2018, #6 Exhibit B - Rancho Cordova Agreement dated April 15 2019, #7 Exhibit C - Unit 47 - Franchise Agreement dated September 15 2011, #8 Exhibit D - Unit 79 - Franchise Agreement dated September 1 2006, #9 Exhibit E - Unit 120 - Franchise Agreement dated September 15 2011, #10 Exhibit F - Franchise Agreement dated June 1 2015, #11 Exhibit G - USPTO Trademark Registration Certificates, #12 Exhibit H - USPTO Trademark Registration Certificates, #13 Exhibit I - Email that was sent to RSG, #14 Exhibit J - Picture provided by the customer and Emailed to RSG, #15 Exhibit K - Shipping and Import records from ImportGenius that show four shipments from APEX to Kingdom Renovations Inc., #16 Exhibit L - Secret Shopper Report on June 9 2023, #17 Exhibit M - Earthstones Contact Page of its Website as of July 26 2023, #18 Exhibit N - Images from Earthstones website publicly displaying the Glacier slab)(Padula, Stephen) |
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