Popeyes Louisiana Kitchen, Inc. v. Florida Pop, LLC et al
| Popeyes Louisiana Kitchen, Inc. |
| Florida Pop, LLC, Pop Restaurant Holdings, LLC, Pop Investments, LLC, Pronto Consolidated, LLC and Guillermo Perales |
| 1:2023cv23955 |
| October 16, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Trademark |
| 28 U.S.C. § 1331 Fed. Question: Trademark |
| None |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 Witness List for Preliminary Injunction Hearing by Popeyes Louisiana Kitchen, Inc... (Blynn, Aaron) |
| Filing 28 Witness List for Evidentiary and Preliminary Injunction Hearing by Florida Pop, LLC, Guillermo Perales, Pop Investments, LLC, Pop Restaurant Holdings, LLC, Pronto Consolidated, LLC.. (Zarco, Roberto) |
| Filing 27 Joint MOTION for Extension of Time to File Joint Scheduling Report by Popeyes Louisiana Kitchen, Inc.. Responses due by 12/28/2023 (Attachments: #1 Text of Proposed Order)(Blynn, Aaron) |
Filing 26
PAPERLESS ORDER Resetting Hearing on #7 Motion for Preliminary Injunction. THIS CAUSE is before the Court sua sponte. Pursuant to the Court's inherent authority to manage its docket and having consulted the Parties regarding their availability, it is ORDERED that the Evidentiary and Preliminary Injunction Hearing regarding Plaintiff's #7 Motion for Preliminary Injunction is reset for Wednesday, December 20, 2023, at 9:00 A.M. before Magistrate Judge Lauren F. Louis in Miami Division at the C. Clyde Atkins United States Courthouse, 11th Floor, 301 North Miami Avenue, Miami, Florida 33128.It is further ORDERED that by no later than Thursday, December 14, 2023, any Party who intends to present live testimony must file a witness list identifying the witness(es) that the Party intends to call at the Evidentiary and Preliminary Injunction Hearing. All exhibits shall be pre-marked for the hearing and served (not filed) on opposing counsel by no later than Thursday, December 14, 2023. The Parties shall confer prior to the Evidentiary and Preliminary Injunction Hearing regarding their exhibits to identify which exhibits they will stipulate to entry into evidence at the hearing and to narrow their anticipated objections. Signed by Magistrate Judge Lauren Fleischer Louis on 12/7/2023. (elm)
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| Hearing(s) terminated: Terminating Preliminary Injunction Hearing on 12/13/2023 at 9:30 AM. per D.E. 26. Preliminary Injunction Hearing reset to 12/20/2023 at 9:00 AM per D.E. 26. (elm) |
| Filing 25 Plaintiff's REPLY to Response to Motion re #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Popeyes Louisiana Kitchen, Inc.. (Attachments: #1 Exhibit A)(Blynn, Aaron) |
| Filing 24 Amended ANSWER and Affirmative Defenses to Complaint by Florida Pop, LLC, Guillermo Perales, Pop Investments, LLC, Pop Restaurant Holdings, LLC, Pronto Consolidated, LLC. (Braunstein, Michael) |
| Filing 23 RESPONSE in Opposition re #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Florida Pop, LLC, Guillermo Perales, Pop Investments, LLC, Pop Restaurant Holdings, LLC, Pronto Consolidated, LLC. Replies due by 11/28/2023. (Attachments: #1 Exhibit A - Declaration of Guillermo Perales, #2 Exhibit B - Declaration of Christopher Korst, #3 Exhibit C - Limited License Agreement)(Braunstein, Michael) |
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Filing 22
PAPERLESS ORDER Granting #21 Motion for Extension of Time. Defendants' Response to the #7 Motion for Preliminary Injunction is due on or before November 21, 2023. Plaintiff's Reply in support of the #7 Motion for Preliminary Injunction is due on or before December 6, 2023. Signed by Magistrate Judge Lauren Fleischer Louis on 11/15/2023. (elm)
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| Reset Deadlines per DE#22 as to #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law. Responses due by 11/21/2023. Replies due by 12/6/2023. (scn) |
| Filing 21 Defendant's MOTION for Extension of Time to File Response/Reply/Answer by Florida Pop, LLC, Guillermo Perales, Pop Investments, LLC, Pop Restaurant Holdings, LLC, Pronto Consolidated, LLC. (Zarco, Roberto) |
| Filing 20 Defendants ANSWER and Affirmative Defenses to Complaint by Florida Pop, LLC, Guillermo Perales, Pop Investments, LLC, Pop Restaurant Holdings, LLC, Pronto Consolidated, LLC. (Zarco, Roberto) |
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Filing 19
ORDER SETTING HEARING ON #7 MOTION FOR PRELIMINARY INJUNCTION: An Evidentiary and Preliminary Injunction Hearing on the #7 Motion for Preliminary Injunction is set for 12/13/2023 9:30 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. By no later than Friday, December 8, 2023, any Party who intends to present live testimony must file a witness list identifying the witness(es) that the Party intends to call at the Evidentiary and Preliminary Injunction Hearing. Signed by Magistrate Judge Lauren Fleischer Louis on 11/8/2023. See attached document for full details. (wce)
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Filing 18
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to File Response to Motion for Preliminary Injunction and to Respond to Complaint. #17 . Therein, Defendants request a brief extension of time to file a response because Defendants' counsel has been involved in depositions occurring out-of-state and needs more time to review this case and prepare a formal response to the Complaint and Motion for Preliminary Injunction. See generally id. Plaintiff does not oppose Defendant's request but noted its position that while the situation is not an emergency, the Motion for Preliminary Injunction is indeed urgent. Id. at 3. 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 #17 is GRANTED. Defendants shall file a response to Plaintiff's Complaint and Motion for Preliminary Injunction on or before November 14, 2023. Signed by Judge K. Michael Moore on 11/7/2023. (sdu)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law, #1 Complaint, by Florida Pop, LLC, Guillermo Perales, Pop Investments, LLC, Pop Restaurant Holdings, LLC, Pronto Consolidated, LLC. (Zarco, Roberto) |
| 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 Popeyes Louisiana Kitchen, Inc.. Florida Pop, LLC served on 10/18/2023, response/answer due 11/8/2023. (Blynn, Aaron) |
| Filing 15 NOTICE of Attorney Appearance by Himanshu M. Patel on behalf of Florida Pop, LLC, Guillermo Perales, Pop Investments, LLC, Pop Restaurant Holdings, LLC, Pronto Consolidated, LLC. Attorney Himanshu M. Patel added to party Florida Pop, LLC(pty:dft), Attorney Himanshu M. Patel added to party Guillermo Perales(pty:dft), Attorney Himanshu M. Patel added to party Pop Investments, LLC(pty:dft), Attorney Himanshu M. Patel added to party Pop Restaurant Holdings, LLC(pty:dft), Attorney Himanshu M. Patel added to party Pronto Consolidated, LLC(pty:dft). (Patel, Himanshu) |
| Filing 14 NOTICE of Attorney Appearance by Michael Daniel Braunstein on behalf of Florida Pop, LLC, Guillermo Perales, Pop Investments, LLC, Pop Restaurant Holdings, LLC, Pronto Consolidated, LLC. Attorney Michael Daniel Braunstein added to party Florida Pop, LLC(pty:dft), Attorney Michael Daniel Braunstein added to party Guillermo Perales(pty:dft), Attorney Michael Daniel Braunstein added to party Pop Investments, LLC(pty:dft), Attorney Michael Daniel Braunstein added to party Pop Restaurant Holdings, LLC(pty:dft), Attorney Michael Daniel Braunstein added to party Pronto Consolidated, LLC(pty:dft). (Braunstein, Michael) |
| Filing 13 NOTICE of Attorney Appearance by Roberto Zarco on behalf of Florida Pop, LLC, Guillermo Perales, Pop Investments, LLC, Pop Restaurant Holdings, LLC, Pronto Consolidated, LLC. Attorney Roberto Zarco added to party Florida Pop, LLC(pty:dft), Attorney Roberto Zarco added to party Guillermo Perales(pty:dft), Attorney Roberto Zarco added to party Pop Investments, LLC(pty:dft), Attorney Roberto Zarco added to party Pop Restaurant Holdings, LLC(pty:dft), Attorney Roberto Zarco added to party Pronto Consolidated, LLC(pty:dft). (Zarco, Roberto) |
| Filing 12 NOTICE of Attorney Appearance by Robert Mitchell Einhorn on behalf of Florida Pop, LLC, Guillermo Perales, Pop Investments, LLC, Pop Restaurant Holdings, LLC, Pronto Consolidated, LLC. Attorney Robert Mitchell Einhorn added to party Florida Pop, LLC(pty:dft), Attorney Robert Mitchell Einhorn added to party Guillermo Perales(pty:dft), Attorney Robert Mitchell Einhorn added to party Pop Investments, LLC(pty:dft), Attorney Robert Mitchell Einhorn added to party Pop Restaurant Holdings, LLC(pty:dft), Attorney Robert Mitchell Einhorn added to party Pronto Consolidated, LLC(pty:dft). (Einhorn, Robert) |
| 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 Popeyes Louisiana Kitchen, Inc.. Pop Restaurant Holdings, LLC served on 10/18/2023, response/answer due 11/8/2023. (Blynn, Aaron) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Popeyes Louisiana Kitchen, Inc.. Pronto Consolidated, LLC served on 10/18/2023, response/answer due 11/8/2023. (Blynn, Aaron) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Popeyes Louisiana Kitchen, Inc.. Pop Investments, LLC served on 10/18/2023, response/answer due 11/8/2023. (Blynn, Aaron) |
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Filing 8
PAPERLESS ORDER REFERRING MOTION. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law and/or issue a Report and Recommendation regarding Plaintiff's Motion for Preliminary Injunction and Supporting Memorandum of Law #7 . Signed by Judge K. Michael Moore on 10/25/2023. (sdu)
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| Filing 7 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law by Popeyes Louisiana Kitchen, Inc.. Attorney Elizabeth Grace McIntosh added to party Popeyes Louisiana Kitchen, Inc.(pty:pla). (Attachments: #1 Exhibit A, #2 Exhibit B)(McIntosh, Elizabeth) |
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Filing 6
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 on 10/18/2023. (sdu)
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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. Signed by Judge K. Michael Moore on 10/18/2023. (sdu)
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| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint with Exhibits/Logs) (wce) |
| Filing 3 Summons Issued as to Florida Pop, LLC, Guillermo Perales, Pop Investments, LLC, Pop Restaurant Holdings, LLC, and Pronto Consolidated, LLC. (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 for Injunctive Relief and Damages against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16997420, filed by Popeyes Louisiana Kitchen, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Summon(s) Florida Pop LLC, #6 Summon(s) Pop Restaurant Holdings LLC, #7 Summon(s) Pop Investments LLC, #8 Summon(s) Pronto Consolidated LLC, #9 Summon(s) Guillermo Perales)(Joblove, Michael) |
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