Peleg Design Ltd. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A
| Peleg Design Ltd. |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A |
| 1:2023cv24672 |
| December 11, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement |
| None |
Docket Report
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| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re 15 Order to Show Cause,,,,,, by Peleg Design Ltd.. (Attachments: #1 Exhibit 1 - Executive Order 13904, #2 Exhibit 2 - Homeland Security Report, #3 Declaration of Alisha Moriceau and Exhibits 1-3)(Moriceau, Alisha) |
Filing 15
PAPERLESS ORDER TO SHOW CAUSE. In the Complaint, Plaintiff alleges that the 176 Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A" (Defendants) have engaged in trademark infringement and counterfeiting, copyright infringement, and design patent infringement in this district through the use of "numerous fully interactive commercial internet stores operating under the online marketplace accounts... and using the account names identified in Schedule A." [ECF No. 1]. Federal Rule of Civil Procedure 20(a) permits joinder of defendants in the same action where the plaintiff's claims against the defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," and "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2)(A)(B). The Eleventh Circuit has defined "transaction or occurrence" as "all logically related events entitling a person to institute a legal action against another...." Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1323 (11th Cir. 2000), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003). In intellectual property cases, a plaintiff cannot satisfy Rule 20's requirements by alleging that multiple defendants have infringed the same patent or trademark. Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1352 (S.D. Fla. 2023). Accordingly, on or before January 30, 2024, Plaintiff shall file a memorandum showing why joinder of the 176 Defendants is proper. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 12 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Peleg Design Ltd. identifying Corporate Parent Shanghai M&G Stationary Inc. for Peleg Design Ltd. (Zack, Jason) |
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Filing 11
PAPERLESS ORDER granting #8 Plaintiff's Motion to File Under Seal. Schedule A to the Plaintiff's Complaint shall be filed under seal and shall remain under seal for two years or until further order from this Court. Signed by Judge Darrin P. Gayles (hs01)
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Filing 10
PAPERLESS ORDER granting #6 Plaintiff's Motion to Exceed Page Limitation. Plaintiff is granted leave to file its Ex Parte Motion for Temporary Restraining Order, Including a Temporary Injunction, Asset Restraint, and Expedited Discovery in excess of 20 pages. The brief shall not exceed 23 pages. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 9 Clerk's Notice to Filer re #5 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (pcs) |
| SYSTEM ENTRY - Docket Entry 14 [motion] restricted/sealed until further notice. (1301678) |
| SYSTEM ENTRY - Docket Entry 13 [misc] restricted/sealed until further notice. (1301678) |
| Filing 8 Plaintiff's MOTION to Seal per Local Rule 5.4 by Peleg Design Ltd.. (Attachments: #1 Text of Proposed Order) (Zack, Jason) |
| Filing 6 Plaintiff's MOTION for Leave to File Excess Pages by Peleg Design Ltd.. (Attachments: #1 Text of Proposed Order)(Zack, Jason) |
| Filing 5 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Peleg Design Ltd. (Zack, Jason) |
| SYSTEM ENTRY - Docket Entry 7 [motion] restricted/sealed until further notice. (1301678) |
| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles (hs01) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. 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. (nan) |
| Filing 1 COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17135319, filed by Peleg Design Ltd.. (Attachments: #1 Exhibit 1 - Schedule A (Provisionally Filed Under Seal), #2 Exhibit 2 - Trademark, #3 Exhibit 3 - Copyrights, #4 Exhibit 4 - Patent, #5 Civil Cover Sheet)(Zack, Jason) |
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| Plaintiff: Peleg Design Ltd. | |
| Represented By: | Rossana Baeza |
| Represented By: | Jason Scott Zack |
| Represented By: | Alisha Moriceau |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A | |
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