American Social IP, LLC et al v. Powell et al
| American Social IP, LLC and 721 Las Olas Blvd, Inc |
| Jerry Powell and John Doe Corporation |
| 1:2023cv24875 |
| December 22, 2023 |
| U.S. District Court for the Southern District of Florida |
| Jonathan Goodman |
| Rodolfo A Ruiz |
| Kathleen M Williams |
| Trademark |
| 28 U.S.C. ยง 1331 Fed. Question: Trademark |
| Plaintiff |
Docket Report
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Filing 13
PAPERLESS ORDER striking #12 NOTICE OF UNAVAILABILITY filed by 721 Las Olas Blvd, Inc. and American Social IP, LLC for dates of March 11, 2024 - March 26, 2024.Neither the Local Rules nor the Federal Rules of Civil Procedure authorize filing such a notice, and the Court is unwilling to undertake the responsibility of keeping track of the whereabouts of parties or their counsel in every case before it. If a party wishes to move a hearing, trial, or other deadline set by the Court, an appropriate motion must be filed. Said motion must comply with all applicable rules (including Judge Williams' 48-hour rule). A blanket motion for continuance or extension of time that does not refer to a specific deadline, hearing or a trial date is also inappropriate. Signed by Magistrate Judge Jonathan Goodman on 2/13/2024. (mkr)
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| Filing 12 (STRICKEN PER DE#13) NOTICE OF UNAVAILABILITY by 721 Las Olas Blvd, Inc, American Social IP, LLC for dates of March 11, 2024 - March 26, 2024 (Polk, Edward) Modified text on 2/13/2024 (scn). |
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Filing 11
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiffs' Ex Parte Motion for Entry of Temporary Restraining Order. (DE #10 .) Plaintiffs fail to sufficiently establish that the Court should issue a temporary restraining order without providing notice to the Defendants. Plaintiffs submit that they provided notice of their case to Defendants via two cease-and-desist letters in November and December 2023 but that "no corrective action to date has been provided." Plaintiffs then summarily conclude that "notice should not be required prior to entry of the temporary restraining order..." (DE #10 at 10) but provide no legal authority to establish why this should allow the Court to issue a temporary restraining order ex parte. Moreover, Plaintiffs fail to provide "specific facts" that "clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A). Additionally, the Motion does not comply with the Local Rules of the U.S. District Court for the Southern District of Florida. Local Rule 5.4(d)(1) requires that "[a] party submitting an ex parte filing shall...explain the reasons for ex parte treatment." S.D. Fla. L.R. 5.4(d)(1). As discussed, Plaintiffs have failed to sufficiently explain such reasons. Furthermore, Plaintiffs have not sought this relief on an emergency or expedited basis, undercutting the notion that they are at risk of "immediate and irreparable injury." See Fed. R. Civ. P. 65(b)(1)(A). Also, it appears that Plaintiffs failed to file the Motion as a restricted document via CM/ECF as required by Local Rule 5.4(d)(3). Lastly, in violation of Local Rule 7.1(a)(2), Plaintiffs did not file a proposed order with the Motion, nor did they submit a Word version of a proposed order to the Court via e-mail, as required by Section 3I(6) of the CM/ECF Administrative Procedures. Accordingly, it is ORDERED AND ADJUDGED that Plaintiffs Motion (DE #10 ) is DENIED. Signed by Judge Kathleen M. Williams on 2/6/2024. (rm04)
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| Filing 10 Plaintiff's MOTION for Temporary Restraining Order by 721 Las Olas Blvd, Inc, American Social IP, LLC. Responses due by 2/20/2024. (Attachments: #1 Exhibit Mijares Affidavit)(Polk, Edward) |
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Filing 9
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 1/8/2024. See attached document for full details. (fbn)
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Filing 8
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES: ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters. Additionally, it is further ordered that WITHIN TWENTY (20) DAYS from the date that the last Defendant responds to the Complaint, the Parties shall file a joint conference report and a joint proposed scheduling order, as required by S.D. Fla. Local Rule 16.1(b). Signed by Judge Kathleen M. Williams on 1/8/2024. See attached document for full details. (wce)
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Filing 7
ORDER OF RECUSAL. Judge Rodolfo A. Ruiz, II recused. Case reassigned to Judge Kathleen M. Williams for all further proceedings. Signed by Judge Rodolfo A. Ruiz, II on 12/22/2023. See attached document for full details. (vjk)
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| Filing 6 Summons Issued as to Jerry Powell. (scn) |
| Filing 5 NOTICE of Filing Proposed Summons(es) by 721 Las Olas Blvd, Inc, American Social IP, LLC re #1 Complaint, filed by American Social IP, LLC (Polk, Edward) |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint with Exhibits) (wce) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case.The Clerk has added the additional parties to the case. It is not necessary to re-file this document. (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 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 against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17167332, filed by American Social IP, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Polk, Edward) |
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