Elliott Erwitt, LLC v. Sugar Factory, LLC et al
| Elliott Erwitt, LLC |
| SUGAR FACTORY, LLC, Sugar Factory Broadway, LLC, Sugar Factory Atlanta, LLC, Biloxi SF, LLC, Sugar Factory Bravern, LLC, Tablez Food Company, LLC, Sugar Factory PFC, LLC, Atlantic City SF, LLC, Sugar Factory LV Blvd, LLC, Sugar Fox 218, LLC, SUGAR FACTORY OCEAN DRIVE LLC, Tampa SF, LLC, Sugar Factory I-Drive, LLC, Sugar Factory Rosemont, LLC, Sugar Factory Dubai, LLC, SF 55, LLC, Tablez Restaurant Company, LLC, The Confectionaires, Inc., Sugar Factory Century City, LLC, Minn SF, LLC, Does 1-10, inclusive, Charissa Davidovici, Steve Davidovici and Sugar Factory Brands, LLC |
| 1:2023cv23817 |
| October 6, 2023 |
| US District Court for the Southern District of Florida |
| Jose E Martinez |
| Copyright |
| 17 U.S.C. § 0101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 126 Bar Letter re: Admissions sent to attorney Trevor William Barrett, Kelsey Marie Schutz, Scott A. Burroughs, Kevin R. Lussier, Suhail Rajakumar, mailing date October 6, 2023, (pt) |
| Filing 125 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (Attachments: #1 Exhibit Amended Complaint) (bb) |
| Filing 124 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 123 Case transferred in from California Central; Case Number 2:23-cv-00049. Electronic file including transfer order and docket sheet received. .(bb). |
Filing 122
ORDER ON STIPULATION TO TRANSFER CASE PURSUANT TO 28 U.S.C. 1404 by Judge Percy Anderson. The Court, having reviewed the Parties' Stipulation to Transfer Case Pursuant to 28 U.S.C. 1404, and for good cause shown, ORDERS THAT the case is transferred, pursuant 28 U.S.C. 1404, to the U.S.D.C. for the Southern District of Florida. (MD JS-6. Case Terminated.) (aco)
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| Filing 121 STIPULATION to Transfer Case to U.S.D.C. for the Southern District of Florida filed by Plaintiff Elliott Erwitt, LLC. (Attachments: #1 Proposed Order)(Barrett, Trevor) |
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Filing 120
MINUTES IN CHAMBERS ORDER TO SHOW CAUSE by Judge Percy Anderson. The parties are ordered to each file a written response to this Order to Show Cause by no later than October 5, 2023. Failure to timely and adequately respond by that date may result in the transfer of this action without further warning. (See document for further details). (aco)
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| Filing 119 ANSWER to Amended Complaint/Petition,, #77 with JURY DEMAND filed by Defendants Charissa Davidovici, Steve Davidovici.(Attorney Kevin R. Lussier added to party Charissa Davidovici(pty:dft), Attorney Kevin R. Lussier added to party Steve Davidovici(pty:dft))(Lussier, Kevin) |
| Filing 118 STATEMENT re: Discovery Plan and Mediation filed by Plaintiff Elliott Erwitt, LLC (Barrett, Trevor) |
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Filing 117
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For all of the above reasons, the Court concludes that the Licensee Defendants have been improperly joined in this action. Pursuant to Federal Rule of Civil Procedure 21, misjoinder of parties "is not a ground for dismissing an action." Instead, "[o]n motion or on its own, the court may at any time, on just terms, add or drop a party." Fed. R. Civ. P. 21. The Court thus drops the Licensee Defendants from this action. This order does not limit Plaintiff's ability to re-file its claims against the Licensee Defendants in separate actions. (See document for further details). (aco)
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Filing 116
CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. 1. Establishing a Discovery Cut-off Date of May 6, 2024 2. Setting Motion Cut-off date of May 13, 2024 3. Setting Final Pretrial Conference for June 21, 2024, at 1:30 p.m. 4. Setting Jury Trial Date of July 16, 2024, at 9:00 a.m. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 115 MINUTES IN CHAMBERS by Judge Percy Anderson. The scheduling conference currently on calendar for August 28, 2023, at 10:30 a.m. is hereby vacated, and the matter taken off calendar. The Court has entered a Protective Order in this action. Pursuant to the agreement of the parties, this matter has been referred to private mediation. Final Pretrial Conference 06/21/24 at 1:30 p.m. Jury Trial 07/16/24 at 9:00 a.m. (SEE DOCUMENT FOR ADDITIONAL DEADLINES AND DETAILS). (aco) |
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Filing 114
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. The hearing calendared for August 28, 2023, is vacated, and the matter taken off calendar. For the foregoing reasons, the Court concludes that it lacks personal jurisdiction over SF Atlanta and grants SF Atlanta's Motion to Dismiss for Lack of Personal Jurisdiction. The FAC, insofar as it is brought against SF Atlanta, is dismissed without prejudice. (See document for further details).; granting #86 MOTION to Dismiss for Lack of Jurisdiction. (aco)
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Filing 113
ORDER/REFERRAL to ADR Procedure No 3 by Judge Percy Anderson. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than May 20, 2024. (aco)
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Filing 112
PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION by Judge Percy Anderson. The Court enters the following protective order: (See document for further details). (aco)
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Filing 111
IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the MOTION to Dismiss #86 is scheduled for August 28, 2023, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing calendared for August 28, 2023, is vacated and the matter taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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Filing 110
TEXT ONLY ENTRY ORDER by Judge Percy Anderson: On the Courts own motion, Scheduling Conference currently set for hearing on August 28, 2023 is hereby VACATED. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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| Filing 109 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant SF 55, LLC served on 8/15/2023, answer due 9/5/2023. Service of the Summons and Complaint were executed upon SF 55, LLC c/o John Doe (Refused Name) in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy (Barrett, Trevor) |
| Filing 108 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Sugar Factory Rosemont, LLC served on 8/15/2023, answer due 9/5/2023. Service of the Summons and Complaint were executed upon Sugar Factory Rosemont, LLC c/o John Doe (Refused Name) in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy (Barrett, Trevor) |
| Filing 107 NOTICE OF DISMISSAL filed by Plaintiff Elliott Erwitt, LLC pursuant to FRCP 41a(1) ; Without Prejudice as to Sugar Factory Ocean Drive, LLC. (Barrett, Trevor) |
| Filing 106 RESPONSE filed by Plaintiff Elliott Erwitt, LLCto Order to Show Cause, #102 (Schultz, Kelsey) |
| Filing 105 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Atlantic City SF, LLC served on 8/8/2023, answer due 8/29/2023. Service of the Summons and Complaint were executed upon Atlantic City SF, LLC c/o Brianna Sconiers (Authorized to Accept) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Burroughs, Scott) |
| Filing 104 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Biloxi SF, LLC served on 8/3/2023, answer due 8/24/2023. Service of the Summons and Complaint were executed upon Biloxi SF, LLC c/o InCorp Services, Inc. (Amelia Smith/Authorized to Accept) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Barrett, Trevor) |
| Filing 103 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #86 filed by Defendant Sugar Factory Atlanta, LLC. (Jacobs, Ethan) |
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Filing 102
MINUTES IN CHAMBERS ORDER TO SHOW CAUSE by Judge Percy Anderson. The Court therefore orders Plaintiff to show cause in writing no later than August 21, 2023, why one or more Defendants should not be dropped from this case for improper joinder. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
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| Filing 101 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #86 filed by Plaintiff Elliott Erwitt, LLC. (Attachments: #1 Declaration of Trevor W. Barrett, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Barrett, Trevor) |
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Filing 100
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. The scheduling conference set for August 7, 2023 at 10:30 a.m., is hereby continued to August 28, 2023 at 10:30 a.m. (aco)
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| Filing 99 Notice of Request for Remote Appearance filed by Defendant Sugar Factory Atlanta, LLC. (Jacobs, Ethan) |
| Filing 98 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Sugar Factory Bravern, LLC served on 7/31/2023, answer due 8/21/2023. Service of the Summons and Complaint were executed upon Sugar Factory Bravern, LLC c/o Cogency Global Inc. (Teresa Granderson/Managing Agent) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Barrett, Trevor) |
| Filing 97 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Sugar Factory Century City, LLC served on 7/31/2023, answer due 8/21/2023. Service of the Summons and Complaint were executed upon Sugar Factory Century City, LLC c/o Corporation Service Company (Lynanne Gares/Managing Agent) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Barrett, Trevor) |
| Filing 96 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Sugar Fox 218, LLC served on 7/31/2023, answer due 8/21/2023. Service of the Summons and Complaint were executed upon Sugar Fox 218, LLC c/o Corporation Service Company (Lynanne Gares/Managing Agent) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Barrett, Trevor) |
| Filing 95 ANSWER to Amended Complaint/Petition,, #77 with JURY DEMAND DEFENDANT SUGAR FACTORY LV BLVD, LLC'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT filed by Defendant Sugar Factory LV Blvd, LLC.(Gillespie, Marlin) |
| Filing 94 ANSWER to Amended Complaint/Petition,, #77 with JURY DEMAND filed by Defendant Sugar Factory, LLC.(Lussier, Kevin) |
| Filing 93 Notice of Appearance or Withdrawal of Counsel: for attorney Marlin Yoselin Paola Gillespie counsel for Defendant Sugar Factory LV Blvd, LLC. Adding Marlin Y. Gillespie as counsel of record for Sugar Factory LV BLVD, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Sugar Factory LV BLVD, LLC. (Attorney Marlin Yoselin Paola Gillespie added to party Sugar Factory LV Blvd, LLC(pty:dft))(Gillespie, Marlin) |
| Filing 92 Notice of Appearance or Withdrawal of Counsel: for attorney Scott A. Burroughs counsel for Plaintiff Elliott Erwitt, LLC. Adding Kelsey M. Schultz as counsel of record for Plaintiff Elliott Erwitt, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Elliott Erwitt, LLC. (Burroughs, Scott) |
| Filing 91 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff Elliott Erwitt, LLC.. (Barrett, Trevor) |
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Filing 90
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT SUGAR FACTORY LV BLVD, LLC TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT by Judge Percy Anderson. IT IS HEREBY ORDERED that the Sugar Factory's response to Plaintiff's First Amended Complaint is to be filed on or by July 28, 2023. RE: Stipulation Extending Time to Answer #89 . (aco)
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| Filing 89 STIPULATION Extending Time to Answer the complaint as to Sugar Factory LV Blvd, LLC answer now due 7/28/2023, re Amended Complaint/Petition,, #77 filed by Defendant Sugar Factory LV Blvd, LLC. (Attachments: #1 Proposed Order)(Adams, Keith) |
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Filing 88
ORDER GRANTING JOINT STIPULATED REQUEST FOR CONTINUANCE OF HEARING DATE FOR SUGAR FACTORY ATLANTA'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, AND FOR A BRIEFING SCHEDULE #87 by Judge Percy Anderson. The hearing on the Motion to Dismiss, currently scheduled for August 14, 2023, shall be continued to August 28, 2023 at 1:30 p.m. Plaintiff shall file any papers in opposition to the Motion to Dismiss on or before August 4, 2023. Atlanta shall file any reply papers on or before August 11, 2023. (rolm)
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| Filing 87 Joint STIPULATION to Continue hearing on Sugar Factory Atlanta, LLC's Motion to Dismiss for Lack of Personal Jurisdiction from 08/14/2023 to 08/28/2023 Re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #86 filed by defendant Sugar Factory Atlanta, LLC. (Attachments: #1 Proposed Order)(Jacobs, Ethan) |
| Filing 86 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by defendant Sugar Factory Atlanta, LLC. Motion set for hearing on 8/14/2023 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Ethan Jacobs, #2 Declaration of John Sullivan, #3 Proposed Order) (Jacobs, Ethan) |
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Filing 85
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME FOR DEFENDANT SUGAR FACTORY BRANDS, LLC TO RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT by Judge Percy Anderson. IT IS HEREBY ORDERED that Sugar Factory's response to Plaintiff's First Amended Complaint is to be filed on or by July 28, 2023. RE: Stipulation for Extension of Time to File Response, #82 . (aco)
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| Filing 84 WAIVER OF SERVICE Returned Executed filed by Plaintiff Elliott Erwitt, LLC. upon Charissa Davidovici waiver sent by Plaintiff on 7/11/2023, answer due 9/11/2023. Waiver of Service signed by Suhail Rajakumar, Esq. (Barrett, Trevor) |
| Filing 83 WAIVER OF SERVICE Returned Executed filed by Plaintiff Elliott Erwitt, LLC. upon Steve Davidovici waiver sent by Plaintiff on 7/11/2023, answer due 9/11/2023. Waiver of Service signed by Suhail Rajakumar, Esq. (Barrett, Trevor) |
| Filing 82 Joint STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition,, #77 filed by Defendant Sugar Factory, LLC. (Attachments: #1 Proposed Order [Proposed] Order Granting Joint Stipulation to Extend Time for Defendant Sugar Factory Brands, LLC to Respond to Plaintiffs' First Amended Complaint)(Rajakumar, Suhail) |
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Filing 81
MINUTES IN CHAMBERS COURT ORDER by Judge Percy Anderson. As a result of the filing of the First Amended Complaint, the Court denies as moot Sugar Factory Atlanta's Motion to Dismiss. (See document for further details).; denying as moot #61 MOTION to Dismiss for Lack of Jurisdiction. (aco)
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| Filing 80 21 DAY Summons Issued re First Amended Complaint #77 as to Defendants Atlantic City SF, LLC, Biloxi SF, LLC, Charissa Davidovici, Steve Davidovici, Does, Minn SF, LLC, SF 55, LLC, Sugar Factory Atlanta, LLC, Sugar Factory Bravern, LLC, Sugar Factory Broadway, LLC, Sugar Factory Century City, LLC, Sugar Factory Dubai, LLC, Sugar Factory I-Drive, LLC, Sugar Factory LV Blvd, LLC, Sugar Factory Ocean Drive, LLC, Sugar Factory PFC, LLC, Sugar Factory Rosemont, LLC, Sugar Factory, LLC, Sugar Fox 218, LLC, Tablez Food Company, LLC, Tablez Restaurant Company, LLC, Tampa SF, LLC, The Confectionaires, Inc. (bm) |
| Filing 79 NOTICE of Interested Parties filed by Plaintiff Elliott Erwitt, LLC, (Burroughs, Scott) |
| Filing 78 Request for Clerk to Issue Summons on Amended Complaint/Petition,, #77 filed by Plaintiff Elliott Erwitt, LLC. (Burroughs, Scott) |
| Filing 77 FIRST AMENDED COMPLAINT against Defendants Atlantic City SF, LLC, Biloxi SF, LLC, Does, Minn SF, LLC, SF 55, LLC, Sugar Factory Atlanta, LLC, Sugar Factory Bravern, LLC, Sugar Factory Broadway, LLC, Sugar Factory Century City, LLC, Sugar Factory Dubai, LLC, Sugar Factory I-Drive, LLC, Sugar Factory LV Blvd, LLC, Sugar Factory Ocean Drive, LLC, Sugar Factory PFC, LLC, Sugar Factory Rosemont, LLC, Sugar Factory, LLC, Sugar Fox 218, LLC, Tablez Food Company, LLC, Tablez Restaurant Company, LLC, Tampa SF, LLC, The Confectionaires, Inc., Charissa Davidovici, Steve Davidovici amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Elliott Erwitt, LLC (Attachments: #1 Exhibit A)(Burroughs, Scott) |
| Filing 76 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance #72 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 75 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), #71 . The following error(s) was/were found: Docket text and document conflict; re party name. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 74 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Notice of Appearance or Withdrawal of Counsel (G-123), #67 . The following error(s) was/were found: Docket text and document conflict; re party name. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
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Filing 73
MINUTES- IN CHAMBERS Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before July 6, 2023, why this action should not be dismissed for lack of prosecution. (rolm)
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| Filing 72 NOTICE of Appearance filed by attorney Ethan Isaac Jacobs on behalf of Defendant Sugar Factory Atlanta, LLC (Jacobs, Ethan) |
| Filing 71 Notice of Appearance or Withdrawal of Counsel: for attorney Kevin R. Lussier counsel for Defendant Sugar Factory, LLC. Adding Kevin R. Lussier as counsel of record for Sugar Factory Brands, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Sugar Factory Brands LLC. (Lussier, Kevin) |
| Filing 70 CERTIFICATE of Interested Parties filed by Defendant Sugar Factory LV Blvd, LLC, (Attachments: #1 Disclosure Pursuant to F.R.C.P. 7-1)(Adams, Keith) |
| Filing 69 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Sugar Factory LV Blvd, LLC.(Adams, Keith) |
| Filing 68 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson. Scheduling Conference set for 8/7/2023 at 10:30 AM before Judge Percy Anderson. This action has been assigned to the calendar of United States District Judge Percy Anderson. The responsibility for the progress of litigation in the federal courts falls not only upon the attorneys in the action, but upon the court as well. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm) |
| Filing 67 Notice of Appearance or Withdrawal of Counsel: for attorney Suhail Rajakumar counsel for Defendant Sugar Factory, LLC. Adding Suhail Rajakumar as counsel of record for Sugar Factory Brands, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Sugar Factory Brands LLC. (Attorney Suhail Rajakumar added to party Sugar Factory, LLC (pty:dft))(Rajakumar, Suhail) |
| Filing 66 CERTIFICATE of Interested Parties filed by Defendant Sugar Factory, LLC, identifying Sugar Factory Brands, LLC; Charissa Davidovici; Elliott Erwitt, LLC; Elliott Erwitt; Farmers Insurance. (Lussier, Kevin) |
| Filing 65 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Sugar Factory, LLC.(Attorney Kevin R. Lussier added to party Sugar Factory, LLC (pty:dft))(Lussier, Kevin) |
| Filing 64 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #61 (Attachments: #1 Proposed Order)(Jacobs, Ethan) |
| Filing 63 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #61 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) |
| Filing 62 CORPORATE DISCLOSURE STATEMENT AND CIVIL L.R. 7.1-1 NOTICE OF INTERESTED PARTIES filed by Defendant Sugar Factory Atlanta, LLC (Jacobs, Ethan) |
| Filing 61 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by defendant Sugar Factory Atlanta, LLC. Motion set for hearing on 7/24/2023 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of Ethan Jacobs) (Jacobs, Ethan) |
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Filing 60
ORDER DENYING JOINT STIPULATION TO STAY PROCEEDINGS AGAINST DEFENDANT SUGAR FACTORY ATLANTA ONLY by Judge Percy Anderson. DENIED BY ORDER OF Percy Anderson, United States District Judge. RE: Joint STIPULATION for Order to Stay Proceedings Against Defendant Sugar Factory Atlanta Only #59 . (aco)
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| Filing 59 Joint STIPULATION for Order to Stay Proceedings Against Defendant Sugar Factory Atlanta Only filed by Plaintiff Elliott Erwitt, LLC. (Attachments: #1 Proposed Order)(Burroughs, Scott) |
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Filing 58
ORDER ON JOINT STIPULATION TO STAY PROCEEDINGS AGAINST DEFENDANT SUGAR FACTORY ATLANTA ONLY by Judge Percy Anderson. DENIED BY ORDER OF Percy Anderson, United States District Judge. RE: Joint STIPULATION for Order to Stay Proceedings Against Defendant Sugar Factory Atlanta Only #55 . (aco)
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Filing 57
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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| Filing 56 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Stipulation for Order #55 . The following error(s) was/were found: Incorrect case number. This case was reassigned to Judge Percy Anderson for all further proceedings. The correct case number is 2:23-cv-00049-PA-MAAx. Attached Proposed Order should be directed to the District Judge. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) |
| Filing 55 Joint STIPULATION for Order to Stay Proceedings Against Defendant Sugar Factory Atlanta Only filed by Plaintiff Elliott Erwitt, LLC. (Attachments: #1 Proposed Order)(Burroughs, Scott) |
| Filing 54 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Charles F. Eick to Judge Percy Anderson for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Maria A. Audero. The case number will now reflect the initials of the transferee Judges 2:23-cv-00049 PA(MAAx). (rn) |
| Filing 53 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Atlantic City SF, LLC (es) |
| Filing 52 REQUEST for Clerk to Enter Default against Defendant Atlantic City SF, LLC filed by Plaintiff Elliott Erwitt, LLC. (Attachments: #1 Exhibit A) (Burroughs, Scott) |
| Filing 51 [AMENDED PROOF OF SERVICE OF SUMMONS] AMENDED DOCUMENT filed by Plaintiff Elliott Erwitt, LLC. Amendment to Service of Summons and Complaint Returned Executed (21 days), #15 (Burroughs, Scott) Modified on 6/6/2023 (es). |
| Filing 50 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Atlantic City SF, LLC #49 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. The proof of service does not list a name of the individual served at the front desk, nor does it list a description. See 3, b. [Dkt. 15]. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b whom substituted service was made) (specify name and relationship to the party named in item 3a ): Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (es) |
| Filing 49 REQUEST for Clerk to Enter Default against Defendant Atlantic City SF, LLC filed by Plaintiff Elliott Erwitt, LLC. (Attachments: #1 Exhibit A) (Burroughs, Scott) |
| Filing 48 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Minn SF, LLC (es) |
| Filing 47 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Sugar Factory Broadway, LLC (es) |
| Filing 46 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Sugar Factory Century City, LLC (es) |
| Filing 45 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Sugar Factory Rosemont, LLC (es) |
| Filing 44 DEFAULT BY CLERK F.R.Civ.P.55(a) as to SF 55, LLC (es) |
| Filing 43 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Tampa SF LLC (es) |
| Filing 42 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Atlantic City SF, LLC #30 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. MISSING FULL Name and title of the authorized agent who accepted service of process. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (es) |
| Filing 41 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Biloxi SF, LLC (es) |
| Filing 40 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Sugar Factory Bravern, LLC (es) |
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Filing 39
MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick re Response. #38 The Court is in receipt of Plaintiff's Supplemental Response, etc., filed May 31, 2023. On or before July 17, 2023, Plaintiff shall file a further supplemental response to the Order to Show Cause, filed April 6, 2023. (vmun)
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| Filing 38 RESPONSE filed by Plaintiff Elliott Erwitt, LLCto Order to Show Cause, #9 , Minutes of In Chambers Order/Directive - no proceeding held, #12 (Attachments: #1 Proposed Order)(Burroughs, Scott) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Sugar Fox 218, LLC served on 5/31/2023, answer due 6/21/2023. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares/Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service (Burroughs, Scott) |
| Filing 36 REQUEST for Clerk to Enter Default against Defendant Minn SF, LLC filed by Plaintiff Elliott Erwitt, LLC. (Burroughs, Scott) |
| Filing 35 REQUEST for Clerk to Enter Default against Defendant Sugar Factory Broadway, LLC filed by Plaintiff Elliott Erwitt, LLC. (Burroughs, Scott) |
| Filing 34 REQUEST for Clerk to Enter Default against Defendant Sugar Factory Century City, LLC filed by Plaintiff Elliott Erwitt, LLC. (Burroughs, Scott) |
| Filing 33 REQUEST for Clerk to Enter Default against Defendant Sugar Factory Rosemont, LLC filed by Plaintiff Elliott Erwitt, LLC. (Burroughs, Scott) |
| Filing 32 REQUEST for Clerk to Enter Default against Defendant SF 55, LLC filed by Plaintiff Elliott Erwitt, LLC. (Burroughs, Scott) |
| Filing 31 REQUEST for Clerk to Enter Default against Defendant Tampa SF, LLC filed by Plaintiff Elliott Erwitt, LLC. (Burroughs, Scott) |
| Filing 30 REQUEST for Clerk to Enter Default against Defendant Atlantic City SF, LLC filed by Plaintiff Elliott Erwitt, LLC. (Burroughs, Scott) |
| Filing 29 REQUEST for Clerk to Enter Default against Defendant Biloxi SF, LLC filed by Plaintiff Elliott Erwitt, LLC. (Burroughs, Scott) |
| Filing 28 REQUEST for Clerk to Enter Default against Defendant Sugar Factory Bravern, LLC filed by Plaintiff Elliott Erwitt, LLC. (Burroughs, Scott) |
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Filing 27
ORDER ON STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT by Magistrate Judge Charles F. Eick re Stipulation Extending Time to Answer (30 days or less). #26 The Court, having reviewed the Parties' stipulation to extend time to respond to the complaint, and for good cause appearing, makes the following order: Defendant Sugar Factory Atlanta, LLCS' deadline to respond to the complaint shall be continued to June 19, 2023. (vmun)
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| Filing 26 STIPULATION Extending Time to Answer the complaint as to Sugar Factory Atlanta, LLC answer now due 6/19/2023, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Sugar Factory Atlanta, LLC. (Attachments: #1 Proposed Order)(Attorney Ethan Isaac Jacobs added to party Sugar Factory Atlanta, LLC(pty:dft))(Jacobs, Ethan) |
| Filing 25 Joint STIPULATION Extending Time to Answer the complaint as to Sugar Factory LV Blvd, LLC answer now due 6/23/2023, re Service of Summons and Complaint Returned Executed (21 days), #18 , Complaint (Attorney Civil Case Opening) #1 filed by Defendant Sugar Factory LV Blvd, LLC.(Attorney Keith Gregory Adams added to party Sugar Factory LV Blvd, LLC(pty:dft))(Adams, Keith) |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Sugar Factory Rosemont, LLC served on 5/9/2023, answer due 5/30/2023. Service of the Summons and Complaint were executed upon Sugar Factory Rosemont, LLC c/o Brian Gryll (Registered Agent) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Burroughs, Scott) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant SF 55, LLC served on 5/9/2023, answer due 5/30/2023. Service of the Summons and Complaint were executed upon SF 55, LLC c/o Daniel Simmons (Manager) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Burroughs, Scott) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Minn SF, LLC served on 5/8/2023, answer due 5/30/2023. Service of the Summons and Complaint were executed upon Minn SF, LLC c/o Lloyd Sugarman (Registered Agent) in compliance with statute not specified by method of service not specified (Burroughs, Scott) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Sugar Factory Atlanta, LLC served on 5/6/2023, answer due 5/30/2023. Service of the Summons and Complaint were executed upon Sugar Factory Atlanta, LLC c/o Registered Agent Solutions, Inc. in compliance with statute not specified by method of service not specified (Burroughs, Scott) |
| Filing 20 WAIVER OF SERVICE Returned Executed filed by Plaintiff Elliott Erwitt, LLC. upon Sugar Factory, LLC waiver sent by Plaintiff on 4/27/2023, answer due 6/26/2023. Waiver of Service signed by Kevin R. Lussier. (Burroughs, Scott) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Sugar Factory Broadway, LLC served on 5/4/2023, answer due 5/25/2023. Service of the Summons and Complaint were executed upon Pancy Coffman/Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service (Burroughs, Scott) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Sugar Factory LV Blvd, LLC served on 5/4/2023, answer due 5/25/2023. Service of the Summons and Complaint were executed upon Pancy Coffman/Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service (Burroughs, Scott) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Biloxi SF, LLC served on 5/2/2023, answer due 5/23/2023. Service of the Summons and Complaint were executed upon Biloxi SF, LLC c/o InCorp Services, Inc. (Registered Agent) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Burroughs, Scott) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Tampa SF, LLC served on 5/2/2023, answer due 5/23/2023. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Danielle Nelloms/Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service (Burroughs, Scott) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Atlantic City SF, LLC served on 5/4/2023, answer due 5/25/2023. Service of the Summons and Complaint were executed upon Atlantic City SF, LLC c/o InCorp Services, Inc. (Registered Agent) in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity (Burroughs, Scott) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Sugar Factory Bravern, LLC served on 5/2/2023, answer due 5/23/2023. Service of the Summons and Complaint were executed upon Cogency Global, Inc. c/o Teresa Granderson/Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service (Burroughs, Scott) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Elliott Erwitt, LLC, upon Defendant Sugar Factory Century City, LLC served on 5/2/2023, answer due 5/23/2023. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares/Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service (Burroughs, Scott) |
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Filing 12
MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick re Response. #10 The Court is in receipt of Plaintiff's Response, etc., filed April 27, 2023. On or before May 31, 2013, Plaintiff shall file a supplemental response to the Order to Show Cause, filed April 6, 2023. (vmun)
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| Filing 11 NOTICE OF LODGING filed attaching (Proposed) Order re Response #10 (Attachments: #1 Proposed Order)(Burroughs, Scott) |
| Filing 10 RESPONSE filed by Plaintiff Elliott Erwitt, LLCto Order to Show Cause, #9 (Burroughs, Scott) |
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Filing 9
ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Magistrate Judge Charles F. Eick. The Court, on its own motion, orders Plaintiff to show cause in writing, no later than April 27, 2023, why this action should not be dismissed for lack of prosecution and for failure to comply with Rule 4(m) of the Federal Rules of Civil Procedure. Failure to file a timely response to this Order may result in dismissal of the action. (vmun)
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Filing 8
INITIAL ORDER RE CASE MANAGEMENT by Magistrate Judge Charles F. Eick. This action has been assigned to Magistrate JudgeCharles F. Eick. UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWINGREQUIREMENTS SHALL APPLY: [SEE DOCUMENT FOR DETAILS.] (es)
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| Filing 7 NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (car) |
| Filing 6 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Atlantic City SF, LLC, Biloxi SF, LLC, Minn SF, LLC, SF 55, LLC, Sugar Factory Atlanta, LLC, Sugar Factory Bravern, LLC, Sugar Factory Broadway, LLC, Sugar Factory Century City, LLC, Sugar Factory Dubai, LLC, Sugar Factory I-Drive, LLC, Sugar Factory LV Blvd, LLC, Sugar Factory Ocean Drive, LLC, Sugar Factory PFC, LLC, Sugar Factory Rosemont, LLC, Sugar Factory, LLC, Sugar Fox 218, LLC, Tablez Food Company, LLC, Tablez Restaurant Company, LLC, Tampa SF, LLC, The Confectionaires, Inc. (car) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Charles F. Eick. (Attachments: #1 CV11-C) (car) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Elliott Erwitt, LLC., (Burroughs, Scott) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Elliott Erwitt, LLC.. (Burroughs, Scott) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Elliott Erwitt, LLC.. (Burroughs, Scott) |
| Filing 1 COMPLAINT Receipt No: ACACDC-34568152 - Fee: $402, filed by Plaintiff Elliott Erwitt, LLC.. (Attachments: #1 Exhibit A) (Attorney Scott A. Burroughs added to party Elliott Erwitt, LLC.(pty:pla))(Burroughs, Scott) |
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