On Clouds GmbH v. The Individuals, Business Entities, and Unincorporated Associations
| On Clouds GmbH |
| The Individuals, Business Entities, and Unincorporated Associations, qalita-4, mphore-97, bestitemsalesbest, stock-cn, simplycook-0, czenki39, gqft329, geh_4132, 1diandian, lqcloth, peng5809, junjun686, sunjinlong, kjc-98, ioapjngnj2, dridri-1238, happyhourshop, ilecic_30, dkv863, minmin678, kshdks-66, lijingnan00777, fang5858, tacticalboutique, ujtbrf, vhh657, wmzl67, wsbb6858, xsagaehgf, yangxiaotong2001, yangxiaotong898, zouzou7895, zzcxsds, 18warmhomesub3, Surprise First Shop, accessoriesg, avm-6419, baiyuyun-78, baweertpfoof, bcsac-946, BISB, biguiheng, camprosport, chengsimin001, Bubblegum, dawandianzishangwu, dengningwei, dingying-62, zhengsong luo, donghengbo2, escapefromLA, dudykxk, duqiug-4, edaob00, elfgall_65, lj, fengyi5_65, foveli, gangoupa72, JIUDSHE, gothrilled, sen chai, guangzhoushixuankedianzi-0, happyhour, ijinjiangqujunlo, Cookie, StyleStepBoutique, jeall4704, jiangze620, huangminjun, jy12_17, Fashion shoe store, heibaicafe, lasth-74, lijingnan, lingdianling496, lith675, liuliy, liumeixiaomei6699, liwomaoyi453, lizirong-5, lleddi_0, LQFast-Fashion, luizhr_82, huangjiangjun, Anaconda, njing-65, nkgdfb, ourgenie, gengpenghui, tearsinrain, relaxed2023, sharen123, shimei5906, shusang66, simplycook, stabilize1098, stockcn, Authen, sunny-business, JGRunning, telescpro, tjof6728, tlkjhg, uhtbos, A boutique clothing store, zhengyu cheng, vsavxzv, waih9379, wangna_9, wbehqhb_736, weixi666, Fashion Colourful, wangshaobin, wuyilu4, xiechaonan, XSSPORT, xxdfcvg, yxt, yuanqi856wq5, yuanshixiao, yunfly494531, zhaojiexia, zobj_14, ZW, zuan-14 and Discount-online |
| 1:2024cv23160 |
| August 20, 2024 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on October 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by On Clouds GmbH. (Attachments: #1 Declaration of Anna Jakobsson in Support Thereof, #2 Exhibit 1 to the Declaration of Anna Jakobsson, #3 Declaration of Stephen M. Gaffigan in Support Thereof, #4 Text of Proposed Order Granting Motion for Default Final Judgment, #5 Text of Proposed Order Granting Default Final Judgment and Permanent Injunction)(Denzl, Mallory) |
| Filing 37 Clerk's Entry of Default as to 18warmhomesub3, 1diandian, The Individuals, Business Entities, and Unincorporated Associations, accessoriesg, avm-6419, baiyuyun-78, baweertpfoof, bcsac-946, bestitemsalesbest, biguiheng, camprosport, chengsimin001, czenki39, dawandianzishangwu, dengningwei, dingying-62, dkv863, donghengbo2, dridri-1238, dudykxk, duqiug-4, edaob00, elfgall_65, fang5858, fengyi5_65, foveli, gangoupa72, geh_4132, gothrilled, gqft329, guangzhoushixuankedianzi-0, happyhourshop, ijinjiangqujunlo, ilecic_30, ioapjngnj2, jeall4704, jiangze620, junjun686, jy12_17, kjc-98, kshdks-66, lasth-74, lijingnan00777, lingdianling496, lith675, liuliy, liumeixiaomei6699, liwomaoyi453, lizirong-5, lleddi_0, lqcloth, luizhr_82, minmin678, mphore-97, njing-65, nkgdfb, ourgenie, peng5809, qalita-4, relaxed2023, sharen123, shimei5906, shusang66, simplycook-0, stabilize1098, stock-cn, sunjinlong, sunny-business, tacticalboutique, telescpro, tjof6728, tlkjhg, uhtbos, ujtbrf, vhh657, vsavxzv, waih9379, wangna_9, wbehqhb_736, weixi666, wmzl67, wsbb6858, wuyilu4, xiechaonan, xsagaehgf, xxdfcvg, yangxiaotong2001, yangxiaotong898, yuanqi856wq5, yuanshixiao, yunfly494531, zhaojiexia, zobj_14, zouzou7895, zuan-14, zzcxsds - Motions Terminated: #36 Motion for Clerks Entry of Default,,,,, Signed by DEPUTY CLERK on 10/8/2024. (pc) |
| Filing 36 Plaintiff's MOTION for Clerk's Entry of Default as to 18warmhomesub3, 1diandian, The Individuals, Business Entities, and Unincorporated Associations, accessoriesg, avm-6419, baiyuyun-78, baweertpfoof, bcsac-946, bestitemsalesbest, biguiheng, camprosport, chengsimin001, czenki39, dawandianzishangwu, dengningwei, dingying-62, dkv863, donghengbo2, dridri-1238, dudykxk, duqiug-4, edaob00, elfgall_65, fang5858, fengyi5_65, foveli, gangoupa72, geh_4132, gothrilled, gqft329, guangzhoushixuankedianzi-0, happyhourshop, ijinjiangqujunlo, ilecic_30, ioapjngnj2, jeall4704, jiangze620, junjun686, jy12_17, kjc-98, kshdks-66, lasth-74, lijingnan00777, lingdianling496, lith675, liuliy, liumeixiaomei6699, liwomaoyi453, lizirong-5, lleddi_0, lqcloth, luizhr_82, minmin678, mphore-97, njing-65, nkgdfb, ourgenie, peng5809, qalita-4, relaxed2023, sharen123, shimei5906, shusang66, simplycook-0, stabilize1098, stock-cn, sunjinlong, sunny-business, tacticalboutique, telescpro, tjof6728, tlkjhg, uhtbos, ujtbrf, vhh657, vsavxzv, waih9379, wangna_9, wbehqhb_736, weixi666, wmzl67, wsbb6858, wuyilu4, xiechaonan, xsagaehgf, xxdfcvg, yangxiaotong2001, yangxiaotong898, yuanqi856wq5, yuanshixiao, yunfly494531, zhaojiexia, zobj_14, zouzou7895, zuan-14, zzcxsds by On Clouds GmbH. (Attachments: #1 Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk's Entry of Default, #2 Text of Proposed Order)(Gaffigan, Stephen) |
| Filing 35 SUMMONS (Affidavit) Returned Executed on #1 Complaint, #23 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by On Clouds GmbH. 18warmhomesub3 served on 9/10/2024, response/answer due 10/1/2024; 1diandian served on 9/10/2024, response/answer due 10/1/2024; accessoriesg served on 9/10/2024, response/answer due 10/1/2024; avm-6419 served on 9/10/2024, response/answer due 10/1/2024; baiyuyun-78 served on 9/10/2024, response/answer due 10/1/2024; baweertpfoof served on 9/10/2024, response/answer due 10/1/2024; bcsac-946 served on 9/10/2024, response/answer due 10/1/2024; bestitemsalesbest served on 9/10/2024, response/answer due 10/1/2024; biguiheng served on 9/10/2024, response/answer due 10/1/2024; camprosport served on 9/10/2024, response/answer due 10/1/2024; chengsimin001 served on 9/10/2024, response/answer due 10/1/2024; czenki39 served on 9/10/2024, response/answer due 10/1/2024; dawandianzishangwu served on 9/10/2024, response/answer due 10/1/2024; dengningwei served on 9/10/2024, response/answer due 10/1/2024; dingying-62 served on 9/10/2024, response/answer due 10/1/2024; dkv863 served on 9/10/2024, response/answer due 10/1/2024; donghengbo2 served on 9/10/2024, response/answer due 10/1/2024; dridri-1238 served on 9/10/2024, response/answer due 10/1/2024; dudykxk served on 9/10/2024, response/answer due 10/1/2024; duqiug-4 served on 9/10/2024, response/answer due 10/1/2024; edaob00 served on 9/10/2024, response/answer due 10/1/2024; elfgall_65 served on 9/10/2024, response/answer due 10/1/2024; fang5858 served on 9/10/2024, response/answer due 10/1/2024; fengyi5_65 served on 9/10/2024, response/answer due 10/1/2024; foveli served on 9/10/2024, response/answer due 10/1/2024; gangoupa72 served on 9/10/2024, response/answer due 10/1/2024; geh_4132 served on 9/10/2024, response/answer due 10/1/2024; gothrilled served on 9/10/2024, response/answer due 10/1/2024; gqft329 served on 9/10/2024, response/answer due 10/1/2024; guangzhoushixuankedianzi-0 served on 9/10/2024, response/answer due 10/1/2024; happyhourshop served on 9/10/2024, response/answer due 10/1/2024; ijinjiangqujunlo served on 9/10/2024, response/answer due 10/1/2024; ilecic_30 served on 9/10/2024, response/answer due 10/1/2024; ioapjngnj2 served on 9/10/2024, response/answer due 10/1/2024; jeall4704 served on 9/10/2024, response/answer due 10/1/2024; jiangze620 served on 9/10/2024, response/answer due 10/1/2024; junjun686 served on 9/10/2024, response/answer due 10/1/2024; jy12_17 served on 9/10/2024, response/answer due 10/1/2024; kjc-98 served on 9/10/2024, response/answer due 10/1/2024; kshdks-66 served on 9/10/2024, response/answer due 10/1/2024; lasth-74 served on 9/10/2024, response/answer due 10/1/2024; lijingnan00777 served on 9/10/2024, response/answer due 10/1/2024; lingdianling496 served on 9/10/2024, response/answer due 10/1/2024; lith675 served on 9/10/2024, response/answer due 10/1/2024; liuliy served on 9/10/2024, response/answer due 10/1/2024; liumeixiaomei6699 served on 9/10/2024, response/answer due 10/1/2024; liwomaoyi453 served on 9/10/2024, response/answer due 10/1/2024; lizirong-5 served on 9/10/2024, response/answer due 10/1/2024; lleddi_0 served on 9/10/2024, response/answer due 10/1/2024; lqcloth served on 9/10/2024, response/answer due 10/1/2024; luizhr_82 served on 9/10/2024, response/answer due 10/1/2024; minmin678 served on 9/10/2024, response/answer due 10/1/2024; mphore-97 served on 9/10/2024, response/answer due 10/1/2024; njing-65 served on 9/10/2024, response/answer due 10/1/2024; nkgdfb served on 9/10/2024, response/answer due 10/1/2024; ourgenie served on 9/10/2024, response/answer due 10/1/2024; peng5809 served on 9/10/2024, response/answer due 10/1/2024; qalita-4 served on 9/10/2024, response/answer due 10/1/2024; relaxed2023 served on 9/10/2024, response/answer due 10/1/2024; sharen123 served on 9/10/2024, response/answer due 10/1/2024; shimei5906 served on 9/10/2024, response/answer due 10/1/2024; shusang66 served on 9/10/2024, response/answer due 10/1/2024; simplycook-0 served on 9/10/2024, response/answer due 10/1/2024; stabilize1098 served on 9/10/2024, response/answer due 10/1/2024; stock-cn served on 9/10/2024, response/answer due 10/1/2024; sunjinlong served on 9/10/2024, response/answer due 10/1/2024; sunny-business served on 9/10/2024, response/answer due 10/1/2024; tacticalboutique served on 9/10/2024, response/answer due 10/1/2024; telescpro served on 9/10/2024, response/answer due 10/1/2024; tjof6728 served on 9/10/2024, response/answer due 10/1/2024; tlkjhg served on 9/10/2024, response/answer due 10/1/2024; uhtbos served on 9/10/2024, response/answer due 10/1/2024; ujtbrf served on 9/10/2024, response/answer due 10/1/2024; vhh657 served on 9/10/2024, response/answer due 10/1/2024; vsavxzv served on 9/10/2024, response/answer due 10/1/2024; waih9379 served on 9/10/2024, response/answer due 10/1/2024; wangna_9 served on 9/10/2024, response/answer due 10/1/2024; wbehqhb_736 served on 9/10/2024, response/answer due 10/1/2024; weixi666 served on 9/10/2024, response/answer due 10/1/2024; wmzl67 served on 9/10/2024, response/answer due 10/1/2024; wsbb6858 served on 9/10/2024, response/answer due 10/1/2024; wuyilu4 served on 9/10/2024, response/answer due 10/1/2024; xiechaonan served on 9/10/2024, response/answer due 10/1/2024; xsagaehgf served on 9/10/2024, response/answer due 10/1/2024; xxdfcvg served on 9/10/2024, response/answer due 10/1/2024; yangxiaotong2001 served on 9/10/2024, response/answer due 10/1/2024; yangxiaotong898 served on 9/10/2024, response/answer due 10/1/2024; yuanqi856wq5 served on 9/10/2024, response/answer due 10/1/2024; yuanshixiao served on 9/10/2024, response/answer due 10/1/2024; yunfly494531 served on 9/10/2024, response/answer due 10/1/2024; zhaojiexia served on 9/10/2024, response/answer due 10/1/2024; zobj_14 served on 9/10/2024, response/answer due 10/1/2024; zouzou7895 served on 9/10/2024, response/answer due 10/1/2024; zuan-14 served on 9/10/2024, response/answer due 10/1/2024; zzcxsds served on 9/10/2024, response/answer due 10/1/2024. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service)(Gaffigan, Stephen) |
| Filing 34 CERTIFICATE OF SERVICE by On Clouds GmbH re #32 Preliminary Injunction upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 33 Plaintiff's NOTICE upon Defendants via Electronic Mail by On Clouds GmbH re #32 Preliminary Injunction (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
Filing 32
ORDER ON PLAINTIFF'S APPLICATION FOR ENTRY OF PRELIMINARY INJUNCTION Signed by Judge Jacqueline Becerra on 9/9/2024. See attached document for full details. (pc)
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| Filing 30 Plaintiff's NOTICE of Filing by On Clouds GmbH re 26 Order on Motion to Seal, (Attachments: #1 Redacted Versions of Financial Records and Documentation) (Denzl, Mallory) |
| Filing 29 Clerk's NOTICE of Compliance re 27 Order on Motion to Unseal Document. All Documents Unsealed. (pcs) |
| Filing 28 PAPERLESS Minute Entry for proceedings held before Judge Jacqueline Becerra: Preliminary Injuction Hearing held on 9/6/2024. Order to follow. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (dgj) |
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Filing 27
PAPERLESS ORDER granting #20 Motion to Unseal. The Clerk is DIRECTED to unseal all sealed entries on the docket, including ECF Nos. #9 , #10 , #11 , #13 , #14 , #15 , #16 , and #17 . Signed by Judge Jacqueline Becerra on 9/6/2024. (ymr)
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Filing 26
PAPERLESS ORDER granting #19 Motion for Leave to File Under Permanent Seal. Plaintiff shall file the unredacted financial records required by the Court in ECF No. #15 UNDER SEAL and file redacted versions of those records on the docket. Signed by Judge Jacqueline Becerra on 9/6/2024. (ymr)
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| Filing 25 NOTICE of Compliance Regarding Plaintiff's Notice of Filing Bond by On Clouds GmbH (Denzl, Mallory) |
| SYSTEM ENTRY - Docket Entry 31 [misc] restricted/sealed until further notice. (2161099) |
| Filing 24 Plaintiff's NOTICE of E-mail Inquiries Received from Certain Defendants in Connection with Asset Restraint and Service by On Clouds GmbH (Attachments: #1 Exhibit 1 to the Notice of E-Mail Inquiries) (Denzl, Mallory) |
| Filing 23 AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by On Clouds GmbH. (Attachments: #1 Exhibit 1 to Amended Complaint - Certificates of Registration for the On Trademarks)(Gaffigan, Stephen) |
| Filing 22 CERTIFICATE OF SERVICE by On Clouds GmbH re #19 Plaintiff's MOTION to Seal per Local Rule 5.4, #5 Plaintiff's MOTION to Seal per Local Rule 5.4, #4 Certificate of Other Affiliates/Corporate Disclosure Statement, 8 Order on Motion to Seal, #1 Complaint, 7 Order, #20 Plaintiff's MOTION to Unseal Document Entries 9-11 and 13-17, 2 Clerks Notice of Judge Assignment, #3 Form AO 120/121, #18 Notice (Other), #12 Notice of Pending, Refiled, Related or Similar Actions, 6 Order,,,,,,,,,,,,,,,,,,,, upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 21 Plaintiff's NOTICE upon Defendants via Electronic Mail by On Clouds GmbH re #19 Plaintiff's MOTION to Seal per Local Rule 5.4, #1 Complaint, #20 Plaintiff's MOTION to Unseal Document Entries 9-11 and 13-17 (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
| Filing 20 Plaintiff's MOTION to Unseal Document Entries 9-11 and 13-17 by On Clouds GmbH. Responses due by 9/18/2024. (Attachments: #1 Text of Proposed Order Granting Motion to Unseal)(Denzl, Mallory) |
| Filing 19 Plaintiff's MOTION to Seal per Local Rule 5.4 by On Clouds GmbH. (Attachments: #1 Text of Proposed Order Granting Motion to File Under Permanent Seal) (Denzl, Mallory) |
| Filing 18 Plaintiff's NOTICE of Inability to Comply by On Clouds GmbH (Denzl, Mallory) |
| Filing 17 Plaintiff's Notice of Filing Bond by On Clouds GmbH (pcs) Modified to Unseal per Order DE 27 on 9/6/2024 (pcs). |
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Filing 16
ORDER granting #14 Ex Parte Motion. Signed by Judge Jacqueline Becerra on 8/27/2024. See attached document for full details. (amb) Modified to Unseal per Order DE 27 on 9/6/2024 (pcs).
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Filing 15
ORDER granting #13 Ex Parte Motion. Preliminary Injunction Hearing set for 9/6/2024 10:30 AM in Miami Division before Judge Jacqueline Becerra. Signed by Judge Jacqueline Becerra on 8/27/2024. See attached document for full details. (amb) Modified to Unseal per Order DE 27 on 9/6/2024 (pcs).
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| Filing 14 Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof by On Clouds GmbH. (Attachments: #1 Declaration of Stephen M. Gaffigan in Support Thereof, #2 Exhibit 1 to the Declaration of Stephen M. Gaffigan, #3 Text of Proposed Order) (Denzl, Mallory) Modified to Unseal per Order DE 27 on 9/6/2024 (pcs). |
| Filing 13 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof by On Clouds GmbH. (Attachments: #1 Declaration of Anna Jakobsson in Support Thereof, #2 Declaration of Stephen M. Gaffigan in Support Thereof, #3 Declaration of Kathleen Burns in Support Thereof, #4 Exhibit 1, Part 1 to the Declaration of Kathleen Burns, #5 Exhibit 1, Part 2 to the Declaration of Kathleen Burns, #6 Exhibit 1, Part 3 to the Declaration of Kathleen Burns, #7 Exhibit 1, Part 4 to the Declaration of Kathleen Burns, #8 Text of Proposed Order) (Denzl, Mallory) Modified to Unseal per Order DE 27 on 9/6/2024 (pcs). |
| Filing 12 Notice of NO Pending, Refiled, Related or Similar Actions by On Clouds GmbH (Denzl, Mallory) |
| Filing 11 Summons Issued as to 18warmhomesub3, and all other Defendants identified in Schedule "A" hereto. (amb) Modified to Unseal per Order DE 27 on 9/6/2024 (pcs). |
| Filing 10 Sealed Document Proposed Summonses re DE# 8 Order on Motion to Seal, by On Clouds GmbH. (Attachments: #1 Summon(s)) (Denzl, Mallory) Modified to Unseal per Order DE 27 on 9/6/2024 (pcs). |
| Filing 9 Sealed Document re DE# 8 Order on Motion to Seal, by On Clouds GmbH. (Attachments: #1 Schedule "A" to Plaintiff's Complaint for Damages and Injunctive Relief) (Denzl, Mallory) Modified to Unseal per Order DE 27 on 9/6/2024 (pcs). |
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Filing 8
PAPERLESS ORDER granting #5 Motion to Seal. Plaintiff shall file the following documents (collectively, the "Documents") UNDER SEAL in unredacted form by no later than August 23, 2024: (1) Schedule A to the Complaint; and (2) the Summonses for Defendants in this matter. The Clerk is directed to maintain the Documents UNDER SEAL pending further order of the Court. Signed by Judge Jacqueline Becerra on 8/20/2024. (ymr)
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Filing 7
PAPERLESS ORDER REQUIRING NOTICE OF RELATED ACTION. Plaintiff shall file a Notice of Related Action by August 26, 2024 identifying any other actions pending in the Southern District of Florida which involve the trademark(s) at issue in this case, along with an explanation why these claims and defendants were not included in those actions. Signed by Judge Jacqueline Becerra on 8/20/2024. (ymr)
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Filing 6
PAPERLESS ORDER REGARDING PROCEDURES. The Court enters the following Order to apprise the parties of its procedures. The parties shall comply with the following: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiffs shall file a motion for clerk's default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for final default judgment, if applicable, shall be filed within seven days of the entry of default. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's template scheduling order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's template scheduling order or those proposed by the Local Rules should be noted in the Joint Scheduling Report along with an explanation for why more or less time is necessary. The Court provides these guidelines to assist the parties in proposing deadlines that are meaningful and realistic for the parties, counsel, and the Court. If the Court selects the trial date and dispositive motion deadline that the Parties proposed in their Joint Scheduling Report, the Court will not extend those deadlines absent extraordinary circumstances. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's template scheduling order will result in the Joint Scheduling Report being stricken, and the Court may impose its own deadlines without regard to those proposed by the parties. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel provided at least forty-eight hours for a response before the filing of the motion. 6. EXTENSIONS OF TIME: Compliance with all deadlines--whether set by Court order or under the Federal and Local Rules--is mandatory. Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include (1) the conferral statement required under Local Rule 7.1 specifying what methods were used to confer; (2) a list of any prior motions for extension of time, the basis for those requests, and whether they were granted; (3) a specific statement regarding the circumstances necessitating the requested relief; (4) a specific period for the relief requested, and (5) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 8/20/2024. (ymr)
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| Filing 5 Plaintiff's MOTION to Seal per Local Rule 5.4 by On Clouds GmbH. (Attachments: #1 Text of Proposed Order) (Denzl, Mallory) |
| Filing 4 Plaintiff's Corporate Disclosure Statement by On Clouds GmbH identifying Corporate Parent On Holding AG for On Clouds GmbH (Denzl, Mallory) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (pc) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17771409, filed by On Clouds GmbH. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint - Certificates of Registration for the On Trademarks)(Gaffigan, Stephen) |
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