The Smiley Company SPRL v. The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A
| The Smiley Company SPRL |
| The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A, Esmeonplumisland, upforwhatever, Olds--cool, Evovee, All_that_glitterrz, Handcraft3d, AUSSIE BUTTONS N BITS, Eurolocos, Cut.n.Crafts, Kellys_auswahl, blue_chalk_designs and pinz_and_thingz |
| 1:2023cv23799 |
| October 5, 2023 |
| U.S. District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Trademark |
| 28 U.S.C. § 1331 Fed. Question: Trademark |
| None |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 69 Clerk's Entry of Default as to The Remaining Individuals, Partnerships, and Unincorporated Associations identified on Schedule A per Order Directing Clerk to Enter Default Re: #67 Order. Signed by DEPUTY CLERK on 12/11/2023. (cqs) |
| Set Deadlines Per DE#68. Status Report due by 12/22/2023. (cqs) |
Filing 68
PAPERLESS ORDER requiring Status Report. Plaintiff shall file a Status Report explaining the efforts to resolve claims against Defendants that have responded to the summons and Complaint, on or before December 22, 2023. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2023. (agh)
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Filing 67
Order Directing Clerk to Enter Default. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2023. See attached document for full details. (agh)
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Filing 66
PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal ("Notice"), ECF No. #65 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants Numbered 24 ("enjoy market"), 56 ("LONGYUL"), 62 ("Minasona-US"), 77 ("RUITASA"), 112 ("Zbslus"), and 319 ("yarrajadeptyltd") on Schedule "A" to the Complaint are hereby dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 12/8/2023. (agh)
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| Filing 65 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
| Filing 64 ANSWER and Affirmative Defenses to Complaint by pinz_and_thingz Defendant NO. 268. (Attachments: #1 Exhibit)(nwn) |
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Filing 63
PAPERLESS ORDER on Plaintiff's Notices of Voluntary Dismissal ("Notices"), ECF Nos. [60, 61, 62]. The Court having reviewed the Notices, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendant Numbered 298 ("tc_shop") on Schedule "A" to the Complaint is hereby dismissed from this action without prejudice and Defendants Numbered 9 ("BlueXIMI"), 12 ("BoYi Party"), 25 ("Evovee"), 30 ("ForFox Store"), 42 ("HongyiPT"), 108 ("yi xi li") and 140 ("Bestbrandsbestbargains") on Schedule "A" to the Complaint are hereby dismissed from this action with prejudice. Further, Plaintiff is reminded of the Court's Order directing Plaintiff to file a single Notice of Voluntary Dismissal per day. See ECF No. 34 . Signed by Judge Rodolfo A. Ruiz, II on 12/5/2023. (agh)
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| Filing 62 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
| Filing 61 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
| Filing 60 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
| Filing 59 ANSWER and Affirmative Defenses to Complaint by blue_chalk_designs Defendant NO. 141. (Attachments: #1 Exhibit)(nwn) |
| Filing 58 ANSWER and Affirmative Defenses to Complaint by Kellys_auswahl Defendant NO. 215. (Attachments: #1 Exhibit)(nwn) |
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Filing 57
PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal ("Notice"), ECF No. #56 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants Numbered 31 ("Four EverSweet"), 52 ("Koazilki"), 53 ("kolege"), 103 ("WTTING24"), 182 ("fashionstylo"), 196 ("hana-musubi"), and 363 ("ysfdesign") on Schedule "A" to the Complaint are hereby dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/30/2023. (agh)
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| Filing 56 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
| Filing 55 ANSWER and Affirmative Defenses to Complaint by Cut.n.Crafts Defendant No. 161. (Attachments: #1 Exhibit)(nwn) |
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Filing 54
PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal ("Notice"), ECF No. #50 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendant Number 101 ("WCRAZYE") on Schedule "A" to the Complaint is hereby dismissed from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/29/2023. (agh)
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| Filing 50 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
| Filing 53 ANSWER and Affirmative Defenses to Complaint by Eurolocos Defendant No. 177. (Attachments: #1 Exhibit)(nwn) |
| Filing 52 ANSWER and Affirmative Defenses to Complaint by AUSSIE BUTTONS N BITS Defendant No. 132. (Attachments: #1 Exhibit)(nwn) |
| Filing 51 ANSWER and Affirmative Defenses to Complaint by Handcraft3d Defendant No. 197. (Attachments: #1 Exhibit)(nwn) |
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Filing 49
PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal ("Notice"), ECF No. #48 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants Numbered 34 ("GoldenBeetleInc"), 74 ("Rhungift Direct"), 92 ("Thailove"), 96 ("UniBirthLon"), 110 ("Yochamc"), 135 ("babusaga"), 178 ("exporthub-1"), and 237 ("meetgem") on Schedule "A" to the Complaint are hereby dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2023. (agh)
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| Filing 48 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
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Filing 47
PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal ("Notice"), ECF No. #41 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants Numbered 36 ("haichuan-zong"), 58 ("LUCAT"), 76 ("rongbaihui1"), 84 ("StoreUSA99"), 93 ("Tidal Play Shop"), 97 ("UPABLUNSO"), 173 ("egidit33"), 225 ("letscollect-it"), 247 ("oceania-legends"), 270 ("ranigems_hub"), 283 ("skulls_and_love"), and 307 ("topservice4u") on Schedule "A" to the Complaint are hereby dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2023. (agh)
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| Filing 46 ANSWER and Affirmative Defenses to Complaint by All_that_glitterrz. (scn) |
| Filing 45 ANSWER and Affirmative Defenses to Complaint by Evovee. (scn) |
| Filing 44 ANSWER and Affirmative Defenses to Complaint by Olds--cool. (scn) |
| Filing 43 ANSWER and Affirmative Defenses to Complaint by upforwhatever. (scn) |
| Filing 42 ANSWER and Affirmative Defenses to Complaint by Esmeonplumisland. (scn) |
| Filing 41 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
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Filing 40
PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal ("Notice"), ECF No. #38 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants Numbered 15 ("Channel V"), 217 ("Khjephot0"), and 287 ("Solrude_10") on Schedule "A" to the Complaint are hereby dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/22/2023. (agh)
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| Filing 39 NOTICE of Filing Answer by Riveratrading re #1 Complaint (Pro Se) (Attachments: #1 Exhibit 1-3) (nwn) |
| Filing 38 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
| Filing 37 NOTICE of Filing Answer by AlmostAlice Defendant No. 124 re #1 Complaint (Pro Se) (Attachments: #1 Exhibit 1-3) (nwn) |
| Filing 35 NOTICE Of Filing Answer By Defendant #16,COLORERIASTUDIO' re #1 Complaint, (Pro SE). (cqs) |
| Filing 36 NOTICE of Filing Answer by Defendant # 176, Esmeonplumisland re #1 Complaint, (Pro Se) (cqs) |
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Filing 34
PAPERLESS ORDER on Plaintiff's Notices of Voluntary Dismissal ("Notices"), ECF Nos. [32, 33]. The Court having reviewed the Notices, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants numbered 267, 334, and 339 on Schedule "A" to the Complaint are hereby dismissed from this action with prejudice and Defendants numbered 18 and 113 are hereby dismissed from this action without prejudice. Going forward, the Court requires that Plaintiff file only one Notice of Voluntary Dismissal per day. Signed by Judge Rodolfo A. Ruiz, II on 11/17/2023. (agh)
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| Filing 33 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
| Filing 32 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
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Filing 31
PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal ("Notice"), ECF No. #30 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants Numbered 44, 218, 289, 356, 357, 359, and 362 on Schedule "A" to the Complaint are hereby dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/16/2023. (agh)
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| Filing 30 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
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Filing 29
PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal ("Notice"), ECF No. #28 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendant Number 219 ("knoepfchen999-de") on Schedule "A" to the Complaint is hereby dismissed from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/15/2023. (agh)
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| Filing 28 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
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Filing 27
PAPERLESS ORDER on Plaintiff's Notices of Voluntary Dismissal ("Notices"), ECF Nos. [25, 26]. The Court having reviewed the Notices, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants Number 293 ("Sunny_mall") and Number 245 ("Nonoking03") on Schedule "A" are hereby dismissed from this action with prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/14/2023. (agh)
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| Filing 26 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
| Filing 25 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
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Filing 23
PAPERLESS ORDER, Defendant Number26 ("FASHIXD-US") on Schedule "A" is hereby dismissed from this action without prejudice. re #19 Notice of Voluntary Dismissal filed by The Smiley Company SPRL Signed by Judge Rodolfo A. Ruiz, II on 11/9/2023. (cqs)
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Filing 24
ORDER GRANTING #5 MOTION FOR ENTRY OF PRELIMINARY INJUNCTION. Signed by Judge Rodolfo A. Ruiz, II on 11/8/2023. See attached document for full details. (nwn)
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Filing 22
PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal ("Notice"), ECF No. #19 . The Court having reviewed the Notice, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendant Number 26 ("FASHIXD-US") on Schedule "A" is hereby dismissed from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 11/8/2023. (agh)
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| Filing 21 NOTICE of Compliance ( All Docket Entries In This Case Are Now Unsealed) re #20 Order on Motion to Unseal (cds) |
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Filing 20
ORDER Granting #13 Motion to Unseal. Signed by Judge Rodolfo A. Ruiz, II on 11/7/2023. See attached document for full details. (cds)
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| Filing 19 NOTICE of Voluntary Dismissal as to certain defendants by The Smiley Company SPRL (Sobrado, Javier) |
| Filing 18 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 11/7/2023. Order to follow. Attorney Appearance(s): Javier Sobrado, Court Reporter: Ilona Lupowitz, 305-523-5737 / [email protected]. (gp) |
| Filing 17 Notice of Filing BOND in the amount of $10,000.00 posted by The Smiley Company SPRL Approved by Judge Rodolfo A. Ruiz, II. (nwn) |
| Filing 16 SERVICE (Proof) by Publication by The Smiley Company SPRL. Last Publication date 11/6/2023. Claims/Positions/Written Defenses/Answers/etc., due by 12/6/2023. (Sobrado, Javier) |
| Filing 15 NOTICE by The Smiley Company SPRL of filing Proposed order Granting Preliminary Injunction (Attachments: #1 Text of Proposed Order Granting Preliminary Injunction) (Sobrado, Javier) |
| Filing 14 Summons Issued as to The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A. (cqs) |
| Filing 13 MOTION to Unseal Record by The Smiley Company SPRL. (Attachments: #1 Text of Proposed Order)(Sobrado, Javier) Modified Relief on 11/8/2023 (cds). |
| Filing 12 NOTICE by The Smiley Company SPRL of Filing Schedule A to Complaint (Attachments: #1 Exhibit Schedule A to Complaint) (Sobrado, Javier) |
| Filing 11 NOTICE of Filing Proposed Summons(es) by The Smiley Company SPRL (Attachments: #1 Summon(s) Proposed) (Sobrado, Javier) |
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Filing 10
(UNSEALED) SEALED ORDER Granting #6 Ex Parte Motion for Order authorizing Alternate Service of Process. Signed by Judge Rodolfo A. Ruiz, II on 10/24/2023. See attached document for full details. (gp) Modified to Unseal Entry on 11/8/2023 PER DE#20 (cds).
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Filing 9
(UNSEALED) SEALED ORDER Granting #5 Ex Parte Application for Entry of Temporary Restraining Order. Telephonic Status Conference re: Preliminary Injunction set for November 7, 2023 at 01:15 PM before Judge Rodolfo A. Ruiz II. Signed by Judge Rodolfo A. Ruiz, II on 10/24/2023. See attached document for full details. (gp) Modified to Unseal Entry on 11/8/2023 PER DE#20 (cds).
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Filing 8
ORDER Granting #7 Motion to Seal. Signed by Judge Rodolfo A. Ruiz, II on 10/19/2023. See attached document for full details. (cds)
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| Filing 7 MOTION to Seal Schedule A to Complaint per Local Rule 5.4 by The Smiley Company SPRL. (Attachments: #1 Text of Proposed Order) (Sobrado, Javier) |
| Filing 6 (UNSEALED) Plaintiff's EX PARTE MOTION for Order Authorizing Alternative Service by The Smiley Company SPRL. (Attachments: #1 Text of Proposed Order, #2 Affidavit Sobrado Decl) (Sobrado, Javier) Modified to Unseal Entry on 11/8/2023 PER DE#20 (cds). |
| Filing 5 (UNSEALED) Plaintiff's EX PARTE MOTION for Temporary Restraining Order, Preliminary Injunction and Order Restraining Assets by The Smiley Company SPRL. (Attachments: #1 Exhibit 1 - Schedule A to Complaint, #2 Text of Proposed Order Proposed TRO, #3 Affidavit Loufrani Decl, #4 Exhibit Schedule B, #5 Exhibit Schedule C, #6 Affidavit Sobrado Decl., #7 Exhibit Schedule D 1/6, #8 Exhibit Schedule D 2/6, #9 Exhibit Schedule D 3/6, #10 Exhibit Schedule D 4/5, #11 Exhibit Schedule D 5/6, #12 Exhibit Schedule D 6/6) (Sobrado, Javier) Modified to Unseal Entry on 11/8/2023 PER DE#20 (cds). |
| Filing 4 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE. (Attachments: #1 Complaint) (wce) (Main Document 4 replaced on 10/5/2023) (wce). |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint) (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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 against The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A. Filing fees $ 402.00. Pay.gov Agency Tracking ID FLSDC-16972546, payment transferred from : 1:23-cv-23799, filed by The Smiley Company SPRL. (Attachments: #1 Civil Cover Sheet)(Sobrado, Javier) |
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