BURGER KING COMPANY LLC v. Consolidated Burger Holdings, LLC et al
Plaintiff: BURGER KING COMPANY LLC
Defendant: Consolidated Burger Holdings, LLC, Consolidated Burger A, LLC, Consolidated Burger B, LLC, Parent Consolidated Burger Holdings, LLC, Lee Baugher and PARENT CONSOLIDATED BURGER, LLC
Case Number: 1:2024cv20178
Filed: January 16, 2024
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Lisette M Reid
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2024 Opinion or Order Filing 21 ORDER granting #20 Motion for Extension of Time. Defendants shall file their answer to Plaintiff's Complaint by no later than March 27, 2024. Signed by Chief Judge Cecilia M. Altonaga on 3/15/2024. See attached document for full details. (ps1)
March 15, 2024 Filing 20 Unopposed MOTION for Extension of Time to file response to Plaintiff's Complaint by Consolidated Burger A, LLC, Consolidated Burger B, LLC, Consolidated Burger Holdings, LLC. Responses due by 3/29/2024. (Attachments: #1 Text of Proposed Order Order on Motion for Extension of Time)(Patel, Himanshu)
March 15, 2024 Set/Reset Response/Answer Due Deadline: Defendants' answer due 3/27/24. (ps1)
March 4, 2024 Filing 19 Plaintiff's NOTICE of Non-Amendment to Complaint by BURGER KING COMPANY LLC (McIntosh, Elizabeth)
February 29, 2024 Opinion or Order Filing 18 ORDER Scheduling Mediation before John W. Thornton; Mediation Hearing set for 4/30/2024 10:00 AM. The parties are reminded that a report of their mediation must be filed within seven (7) days thereafter. Signed by Chief Judge Cecilia M. Altonaga on 2/29/2024. See attached document for full details. (ps1)
February 28, 2024 Filing 17 NOTICE of Attorney Appearance by Michael Daniel Braunstein on behalf of Lee Baugher, Consolidated Burger A, LLC, Consolidated Burger B, LLC, Consolidated Burger Holdings, LLC, PARENT CONSOLIDATED BURGER, LLC. Attorney Michael Daniel Braunstein added to party Lee Baugher(pty:dft), Attorney Michael Daniel Braunstein added to party Consolidated Burger A, LLC(pty:dft), Attorney Michael Daniel Braunstein added to party Consolidated Burger B, LLC(pty:dft), Attorney Michael Daniel Braunstein added to party Consolidated Burger Holdings, LLC(pty:dft), Attorney Michael Daniel Braunstein added to party PARENT CONSOLIDATED BURGER, LLC(pty:dft). (Braunstein, Michael)
February 28, 2024 Filing 16 Joint NOTICE of Filing Joint Order Scheduling Mediation by BURGER KING COMPANY LLC (Joblove, Michael)
February 26, 2024 Opinion or Order Filing 15 ORDER granting in part and denying in part #4 Motion to Dismiss. Amended Complaint due by 3/4/2024. Signed by Chief Judge Cecilia M. Altonaga on 2/26/2024. See attached document for full details. (ps1)
February 26, 2024 Filing 14 PAPERLESS Minute Entry for proceedings held before Chief Judge Cecilia M. Altonaga: Motion Hearing held on 2/26/2024 re #4 Defendant's MOTION to Dismiss #1 Complaint filed by PARENT CONSOLIDATED BURGER, LLC; Consolidated Burger Holdings, LLC; Consolidated Burger A, LLC; Consolidated Burger B, LLC; and Lee Baugher. Total time in court: 50 minutes. Attorney Appearance(s): Roberto Zarco, Himanshu M. Patel, Elizabeth Grace McIntosh, and Michael D Joblove. Attorney added: Roberto Zarco for Lee Baugher; Consolidated Burger A, LLC; Consolidated Burger B, LLC; Consolidated Burger Holdings, LLC; and PARENT CONSOLIDATED BURGER, LLC. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (smo)
February 15, 2024 Filing 13 Defendant's REPLY to Response to Motion re #4 Defendant's MOTION to Dismiss #1 Complaint filed by Lee Baugher, Consolidated Burger A, LLC, Consolidated Burger B, LLC, Consolidated Burger Holdings, LLC, PARENT CONSOLIDATED BURGER, LLC. (Attachments: #1 Exhibit A)(Patel, Himanshu)
February 8, 2024 Filing 12 RESPONSE in Opposition re #4 Defendant's MOTION to Dismiss #1 Complaint filed by BURGER KING COMPANY LLC. Replies due by 2/15/2024. (McIntosh, Elizabeth)
February 8, 2024 Opinion or Order Filing 11 ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 1/27/2025 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 1/21/2025 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 3/20/2024. All discovery, including expert discovery, due by 9/30/2024. Mediation Deadline 10/7/2024. Motions due by 10/15/2024. Pretrial Stipulation due by 11/12/2024. REFERRING CASE to Magistrate Judge Lisette M. Reid for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 2/8/2024. See attached document for full details. (ps1)
February 6, 2024 Filing 10 Joint SCHEDULING REPORT - Rule 16.1 by BURGER KING COMPANY LLC (Attachments: #1 Exhibit A - Proposed Scheduling Order)(McIntosh, Elizabeth)
February 6, 2024 Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement by BURGER KING COMPANY LLC identifying Corporate Parent Burger King Investments, Inc. for BURGER KING COMPANY LLC (McIntosh, Elizabeth)
January 29, 2024 Filing 8 PAPERLESS NOTICE of Hearing on #4 Defendant's MOTION to Dismiss #1 Complaint: Motion Hearing set for 2/26/2024 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. (ps1)
January 26, 2024 Opinion or Order Filing 7 ORDER denying #5 Motion for Preliminary Injunction. Signed by Chief Judge Cecilia M. Altonaga on 1/26/2024. See attached document for full details. (ps1)
January 26, 2024 Opinion or Order Filing 6 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 2/6/2024. Signed by Chief Judge Cecilia M. Altonaga on 1/26/2024. See attached document for full details. (ps1)
January 25, 2024 Filing 5 Plaintiff's MOTION for Preliminary Injunction and Supporting Memorandum of Law, MOTION for Hearing by BURGER KING COMPANY LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Joblove, Michael)
January 25, 2024 Filing 4 Defendant's MOTION to Dismiss #1 Complaint by Lee Baugher, Consolidated Burger A, LLC, Consolidated Burger B, LLC, Consolidated Burger Holdings, LLC, PARENT CONSOLIDATED BURGER, LLC. Attorney Himanshu M. Patel added to party Lee Baugher(pty:dft), Attorney Himanshu M. Patel added to party Consolidated Burger A, LLC(pty:dft), Attorney Himanshu M. Patel added to party Consolidated Burger B, LLC(pty:dft), Attorney Himanshu M. Patel added to party Consolidated Burger Holdings, LLC(pty:dft), Attorney Himanshu M. Patel added to party PARENT CONSOLIDATED BURGER, LLC(pty:dft). Responses due by 2/8/2024. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Patel, Himanshu)
January 17, 2024 Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (nwn)
January 16, 2024 Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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. (nwn)
January 16, 2024 Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17216238, filed by BURGER KING COMPANY LLC. (Attachments: #1 Civil Cover Sheet)(Joblove, Michael)

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Plaintiff: BURGER KING COMPANY LLC
Represented By: Michael D Joblove
Represented By: Elizabeth Grace McIntosh
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Defendant: Consolidated Burger Holdings, LLC
Represented By: Himanshu M. Patel
Represented By: Roberto Zarco
Represented By: Michael Daniel Braunstein
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Defendant: Consolidated Burger A, LLC
Represented By: Himanshu M. Patel
Represented By: Roberto Zarco
Represented By: Michael Daniel Braunstein
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Defendant: Consolidated Burger B, LLC
Represented By: Himanshu M. Patel
Represented By: Roberto Zarco
Represented By: Michael Daniel Braunstein
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Defendant: Parent Consolidated Burger Holdings, LLC
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Defendant: Lee Baugher
Represented By: Himanshu M. Patel
Represented By: Roberto Zarco
Represented By: Michael Daniel Braunstein
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Defendant: PARENT CONSOLIDATED BURGER, LLC
Represented By: Himanshu M. Patel
Represented By: Roberto Zarco
Represented By: Michael Daniel Braunstein
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