VITALITY IP HOLDINGS, LLC et al v. Price
| VITALITY IP HOLDINGS, LLC and Sexual MD Solutions, LLC doing business as GAINSWAVE |
| Lisa Price individually doing business as Vitality Health 4 U |
| 1:2023cv24551 |
| December 1, 2023 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Kathleen M Williams |
| Trademark |
| 28 U.S.C. ยง 1331 Fed. Question: Trademark |
| None |
Docket Report
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Filing 12
PAPERLESS ORDER. THIS MATTER is before the Court on the Stipulation for Entry of Permanent Injunction and Dismissal of All Other Claims with Reservation of Jurisdiction (DE #11 ) ("Stipulation") signed by both Parties. In the Stipulation, the Parties stipulate to entry of a judgment of permanent injunction and to the dismissal of all other claims in the instant matter with prejudice and request that the Court retain jurisdiction of this case to enforce compliance. While the Parties have entered into a settlement agreement, the Court will not retain jurisdiction because the Court does not enforce confidential settlement agreements. If the Parties wish for the Court to retain jurisdiction, they are advised that they must file the settlement agreement for review in accordance with this Court's Practices and Procedures for Civil Cases. Accordingly, upon review of the Stipulation and the record, it is ORDERED AND ADJUDGED that the Stipulation is STRICKEN. On or before February 2, 2024, the Parties shall file a new motion for entry of final judgment, which shall include a new consent judgment or stipulation that specifies the resolution of all of Plaintiffs' claims included in the Complaint. The motion shall comply with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, this Court's Practices and Procedures, and applicable law. Otherwise, the Parties shall file a notice of settlement in accordance with Southern District of Florida Local Rule 16.4. In light of the Parties purported settlement, the Court's Order Directing Clerk to Enter Default (DE 8 ) is VACATED. Signed by Judge Kathleen M. Williams on 1/26/2024. (bja)
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| Filing 11 Stricken per Order DE#12-STIPULATION for entry of Permanent Injunction and Dismissal of Remaining Case by Sexual MD Solutions, LLC, VITALITY IP HOLDINGS, LLC (Attachments: #1 Text of Proposed Order)(Espinosa, Jorge) Modified text on 1/29/2024 (drz). |
| Filing 10 CLERK'S NOTICE of Compliance re 8 Order Directing Clerk to Enter Default. (CLERK'S DEFAULT ENTERED SEE DE #9 ) (drz) |
| Filing 9 Clerk's Entry of Default as to Lisa Price per Order Directing Clerk to Enter Default Re: 8 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 1/16/2024. (drz) |
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Filing 8
Vacated per Order DE#12-PAPERLESS ORDER Directing Clerk to Enter Default. On December 20, 2023, Plaintiffs filed proof of service alleging service on Defendant Lisa Price on December 13, 2023 (DE #7 ), making Defendant's answer to the Complaint due on or before January 4, 2024. To date, Defendant has failed to appear or file a responsive pleading to the Complaint. The Federal Rules of Civil Procedure provide that the Clerk must enter default against a defendant who has failed to plead or otherwise defend. See Fed. R. Civ. P. 55. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendant Lisa Price.On or before February 15, 2024, Plaintiffs shall file a motion for final default judgment against Defendant and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. The motion must be accompanied by a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion must also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 1/16/2024. (bja) Modified text on 1/29/2024 (drz).
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| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by VITALITY IP HOLDINGS, LLC, Sexual MD Solutions, LLC. Lisa Price served on 12/14/2023, response/answer due 1/4/2024. (Espinosa, Jorge) |
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Filing 6
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 12/5/2023. See attached document for full details. (fbn)
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Filing 5
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES. ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters. Notice of Court Practice. Signed by Judge Kathleen M. Williams on 12/5/2023. See attached document for full details. (nan)
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| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint with Picture) (wce) |
| Filing 3 Summons Issued as to Lisa Price. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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 All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17113634, filed by VITALITY IP HOLDINGS, LLC, and SEXUAL MD SOLUTIONS, LLC, d/b/a GAINSWAVE. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Summon(s))(Espinosa, Jorge) |
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