Whirlpool Corporation et al v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A
| Whirlpool Corporation, Whirlpool Properties, Inc. and Maytag Properties, LLC |
| The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, aos10*, AutopartsSLS, E2E Store, FILTER REPLACEMENT, fun_days888, H-SIGHTS, INFINITI BAZAAR LTD, np-wa-287902, okay_pods, ProGarden8, SO LIFE, U-AutoParts, YS-AUTOSHOP, advg456, WENSHE YAO, shiliushu, bestmyhome, betefilment, chuanggeder, demgoods101, donwell-tech, Dreamy_Home23, liusiyan, ElectriMart24, evaswee41, fangshengf, phoneparts.dr, filterbestop, fun, GardenPath23, ghtgktd, gsekls, hantoner, hsdjgeus, zhuoyun, i_Home Mart, iakumse, zetrendllc, iuvyabf, kaselai, kazbeo, kyouz18, liyibodf66, luis781_8, machar_8006, mymt_en, nfduhs, wa-, ok0909, okay, oknffnhg-0, one_bulblights, ozezhch, paineiu, pmdjanf, pro, qaosurik, qws487, renahste, shiwodi_40, ShoptoSave24, smartworld99, donwellsmarthome, tanf_71, thonshop, tmktops, Top-USA-Deals1, TrekTide, uwhater, uyasacga, winktiry, wuxiang10, yai-stoere, yichangshixiangqingmia-0 and yangshu |
| 1:2025cv21975 |
| April 30, 2025 |
| 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 7, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 Plaintiff's MOTION for Default Judgment Against Defendants' and Memorandum of Law in Support Thereof by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc.. (Attachments: #1 Declaration of Mark Graff in Support Thereof, #2 Exhibit 1 to the Declaration of Mark Graff, #3 Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof, #4 Text of Proposed Order Granting Plaintiffs' Motion for Entry of Default Final Judgment, #5 Text of Proposed Order Default Final Judgment and Permanent Injunction)(Wiborg-Rodriguez, T.) |
| Filing 44 Clerk's Entry of Default as to all Defendants listed on Schedule A. Signed by DEPUTY CLERK on 10/2/2025. (kpe) |
| Filing 43 Plaintiff's MOTION for Clerk's Entry of Default as to AutopartsSLS, Dreamy_Home23, E2E Store, ElectriMart24, FILTER REPLACEMENT, GardenPath23, H-SIGHTS, INFINITI BAZAAR LTD, ProGarden8, SO LIFE, ShoptoSave24, The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, Top-USA-Deals1, TrekTide, U-AutoParts, YS-AUTOSHOP, advg456, aos10, bestmyhome, betefilment, chuanggeder, demgoods101, donwell-tech, evaswee41, fangshengf, filterbestop, fun_days888, ghtgktd, gsekls, hantoner, hsdjgeus, i_Home Mart, iakumse, iuvyabf, kaselai, kazbeo, kyouz18, liyibodf66, luis781_8, machar_8006, mymt_en, nfduhs, np-wa-287902, ok0909, okay_pods, oknffnhg-0, one_bulblights, ozezhch, paineiu, pmdjanf, qaosurik, qws487, renahste, shiwodi_40, smartworld99, tanf_71, thonshop, tmktops, uyasacga, winktiry, wuxiang10, yai-stoere, yichangshixiangqingmia-0 by Whirlpool Properties, Inc., Whirlpool Corporation, Maytag Properties, LLC. (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 42 SUMMONS (Affidavit) Returned Executed on #1 Complaint, #13 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Whirlpool Properties, Inc., Whirlpool Corporation, Maytag Properties, LLC. AutopartsSLS served on 9/3/2025, response/answer due 9/24/2025; Dreamy_Home23 served on 9/3/2025, response/answer due 9/24/2025; E2E Store served on 9/3/2025, response/answer due 9/24/2025; ElectriMart24 served on 9/3/2025, response/answer due 9/24/2025; FILTER REPLACEMENT served on 9/3/2025, response/answer due 9/24/2025; GardenPath23 served on 9/3/2025, response/answer due 9/24/2025; H-SIGHTS served on 9/3/2025, response/answer due 9/24/2025; INFINITI BAZAAR LTD served on 9/3/2025, response/answer due 9/24/2025; ProGarden8 served on 9/3/2025, response/answer due 9/24/2025; SO LIFE served on 9/3/2025, response/answer due 9/24/2025; ShoptoSave24 served on 9/3/2025, response/answer due 9/24/2025; Top-USA-Deals1 served on 9/3/2025, response/answer due 9/24/2025; TrekTide served on 9/3/2025, response/answer due 9/24/2025; U-AutoParts served on 9/3/2025, response/answer due 9/24/2025; YS-AUTOSHOP served on 9/3/2025, response/answer due 9/24/2025; advg456 served on 9/3/2025, response/answer due 9/24/2025; aos10 served on 9/3/2025, response/answer due 9/24/2025; bestmyhome served on 9/3/2025, response/answer due 9/24/2025; betefilment served on 9/3/2025, response/answer due 9/24/2025; chuanggeder served on 9/3/2025, response/answer due 9/24/2025; demgoods101 served on 9/3/2025, response/answer due 9/24/2025; donwell-tech served on 9/3/2025, response/answer due 9/24/2025; evaswee41 served on 9/3/2025, response/answer due 9/24/2025; fangshengf served on 9/3/2025, response/answer due 9/24/2025; filterbestop served on 9/3/2025, response/answer due 9/24/2025; fun_days888 served on 9/3/2025, response/answer due 9/24/2025; ghtgktd served on 9/3/2025, response/answer due 9/24/2025; gsekls served on 9/3/2025, response/answer due 9/24/2025; hantoner served on 9/3/2025, response/answer due 9/24/2025; hsdjgeus served on 9/3/2025, response/answer due 9/24/2025; i_Home Mart served on 9/3/2025, response/answer due 9/24/2025; iakumse served on 9/3/2025, response/answer due 9/24/2025; iuvyabf served on 9/3/2025, response/answer due 9/24/2025; kaselai served on 9/3/2025, response/answer due 9/24/2025; kazbeo served on 9/3/2025, response/answer due 9/24/2025; kyouz18 served on 9/3/2025, response/answer due 9/24/2025; liyibodf66 served on 9/3/2025, response/answer due 9/24/2025; luis781_8 served on 9/3/2025, response/answer due 9/24/2025; machar_8006 served on 9/3/2025, response/answer due 9/24/2025; mymt_en served on 9/3/2025, response/answer due 9/24/2025; nfduhs served on 9/3/2025, response/answer due 9/24/2025; np-wa-287902 served on 9/3/2025, response/answer due 9/24/2025; ok0909 served on 9/3/2025, response/answer due 9/24/2025; okay_pods served on 9/3/2025, response/answer due 9/24/2025; oknffnhg-0 served on 9/3/2025, response/answer due 9/24/2025; one_bulblights served on 9/3/2025, response/answer due 9/24/2025; ozezhch served on 9/3/2025, response/answer due 9/24/2025; paineiu served on 9/3/2025, response/answer due 9/24/2025; pmdjanf served on 9/3/2025, response/answer due 9/24/2025; qaosurik served on 9/3/2025, response/answer due 9/24/2025; qws487 served on 9/3/2025, response/answer due 9/24/2025; renahste served on 9/3/2025, response/answer due 9/24/2025; shiwodi_40 served on 9/3/2025, response/answer due 9/24/2025; smartworld99 served on 9/3/2025, response/answer due 9/24/2025; tanf_71 served on 9/3/2025, response/answer due 9/24/2025; thonshop served on 9/3/2025, response/answer due 9/24/2025; tmktops served on 9/3/2025, response/answer due 9/24/2025; uyasacga served on 9/3/2025, response/answer due 9/24/2025; winktiry served on 9/3/2025, response/answer due 9/24/2025; wuxiang10 served on 9/3/2025, response/answer due 9/24/2025; yai-stoere served on 9/3/2025, response/answer due 9/24/2025; yichangshixiangqingmia-0 served on 9/3/2025, response/answer due 9/24/2025. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service)(Gaffigan, Stephen) |
| Filing 41 PAPERLESS Minute Entry for proceedings held before Judge Jacqueline Becerra: Preliminary Injunction Hearing held on 9/4/2025. Order to follow. Total time in court: 3 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez. Court Reporter: Vernita Allen-Williams, 305-523-5048 / [email protected]. (yeh0) |
Filing 40
ORDER ON PLAINTIFFS' RENEWED APPLICATION FOR ENTRY OF PRELIMINARY INJUNCTION ECF #16 . Signed by Judge Jacqueline Becerra on 9/4/2025. See attached document for full details. (blc)
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| Filing 39 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): advg456, aos10*, AutopartsSLS, bestmyhome, betefilment, chuanggeder, demgoods101, donwell-tech, Dreamy_Home23, E2E Store, ElectriMart24, evaswee41, fangshengf, FILTER REPLACEMENT, filterbestop, fun_days888, GardenPath23, ghtgktd, gsekls, hantoner, hsdjgeus, H-SIGHTS, i_Home Mart, iakumse, INFINITI BAZAAR LTD, iuvyabf, kaselai, kazbeo, kyouz18, liyibodf66, luis781_8, machar_8006, mymt_en, nfduhs, np-wa-287902, ok0909, okay_pods, oknffnhg-0, one_bulblights, ozezhch, paineiu, pmdjanf, ProGarden8, qaosurik, qws487, renahste, shiwodi_40, ShoptoSave24, smartworld99, SO LIFE, tanf_71, thonshop, tmktops, Top-USA-Deals1, TrekTide, U-AutoParts, uyasacga, winktiry, wuxiang10, yai-stoere, yichangshixiangqingmia-0 and YS-AUTOSHOP. (Wiborg-Rodriguez, T.) |
| Filing 38 CERTIFICATE OF SERVICE by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc. re #18 Notice (Other), #8 Notice of Pending, Refiled, Related or Similar Actions, #15 Renewed MOTION to Seal per Local Rule 5.4, 5 Order, #31 Motion to Unseal Case, 4 Order,,,,,,,,,,,,,,,,,,, #23 Sealed Document, #26 Notice (Other), #13 Amended Complaint/Amended Notice of Removal, #16 Renewed EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets Against Defendants and Memorandum of Law in Support Thereof MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #27 Notice of Compliance, #30 Order on Ex Parte Motion, #14 Response/Reply (Other), 11 Order,,,,,,,,,,,,,,,,,,,,,,,, #28 Notice (Other), #1 Complaint, #22 Sealed Order on Motion,, Set/Reset Sealed Deadlines/Hearings,, Order on Ex Parte Motion,, Order on Motion for Temporary Restraining Order,, Order on Motion for Preliminary Injunction, #3 Form AO 120/121, #10 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 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #9 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets Against Defendants and Memorandum of Law in Support Thereof, #17 Renewed 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, #7 Plaintiff's MOTION to Seal per Local Rule 5.4, #20 Order on Motion to Seal, #6 Certificate of Other Affiliates/Corporate Disclosure Statement, #29 Plaintiff's EX PARTE MOTION to Extend Temporary Restraining Order, Associated Deadlines, and to Continue Hearing Scheduled for August 28, 2025, in Connection with the Motion for Preliminary Injunction , #24 Sealed Document, #21 Sealed Order on Motion,, Order on Ex Parte Motion, #12 Order on Motion to Seal,, Order on Ex Parte Motion,,,, Order on Motion for Temporary Restraining Order,, Order on Motion for Preliminary Injunction, #19 Notice of Ninety Days Expiring, 2 Clerks Notice of Judge Assignment, upon Defendants via website posting (Gaffigan, Stephen) |
| Filing 37 Plaintiff's NOTICE upon Defendants via Electronic Mail by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc. re #31 Motion to Unseal Case, #16 Renewed EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets Against Defendants and Memorandum of Law in Support Thereof MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #30 Order on Ex Parte Motion, #1 Complaint, #22 Sealed Order on Motion,, Set/Reset Sealed Deadlines/Hearings,, Order on Ex Parte Motion,, Order on Motion for Temporary Restraining Order,, Order on Motion for Preliminary Injunction, #29 Plaintiff's EX PARTE MOTION to Extend Temporary Restraining Order, Associated Deadlines, and to Continue Hearing Scheduled for August 28, 2025, in Connection with the Motion for Preliminary Injunction (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
| Filing 36 NOTICE of Attorney Appearance by Mallory Ruth Denzl on behalf of Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc.. Attorney Mallory Ruth Denzl added to party Maytag Properties, LLC (pty:pla), Attorney Mallory Ruth Denzl added to party Whirlpool Corporation (pty:pla), Attorney Mallory Ruth Denzl added to party Whirlpool Properties, Inc.(pty:pla). (Denzl, Mallory) |
| Filing 34 Plaintiff's NOTICE of Filing Redacted Versions of Financial Records and Documentation by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc. re #22 Sealed Order on Motion,, Set/Reset Sealed Deadlines/Hearings,, Order on Ex Parte Motion,, Order on Motion for Temporary Restraining Order,, Order on Motion for Preliminary Injunction, (Attachments: #1 Redacted Versions of Financial Records and Documentation) (Wiborg-Rodriguez, T.) |
| Filing 33 CLERK'S NOTICE of Compliance ( Docket Entries 9-10, 12, 16-17, 21-25, and 29-30 have been Unsealed) re #32 Order on Motion to Unseal. (cds) |
| SYSTEM ENTRY - Docket Entry 35 [misc] restricted/sealed until further notice. (1336528) |
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Filing 32
ORDER Granting #31 Plaintiffs' Motion to Unseal. Signed by Judge Jacqueline Becerra on 8/27/2025. See attached document for full details. (cds)
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| Filing 31 Plaintiff's MOTION to Unseal Document Entries 9-10, 12, 16-17, 21-25, and 29-30 by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc.. Responses due by 9/10/2025. (Attachments: #1 Text of Proposed Order)(Wiborg-Rodriguez, T.) |
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Filing 30
ORDER EXTENDING TRO AND CONTINUING HEARING. Granting #29 Ex Parte Motion to Extend Temporary Restraining Order. Preliminary Injunction Hearing Reset for 9/4/2025 08:30 AM in Miami Division before Judge Jacqueline Becerra. Signed by Judge Jacqueline Becerra on 8/26/2025. See attached document for full details. (cds)
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| Filing 29 Plaintiff's EX PARTE MOTION to Extend Temporary Restraining Order, Associated Deadlines, and to Continue Hearing Scheduled for August 28, 2025, in Connection with the Motion for Preliminary Injunction by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc.. (Attachments: #1 Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof, #2 Text of Proposed Order) (Wiborg-Rodriguez, T.) |
| Filing 28 Plaintiff's NOTICE of Inability To Comply by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc. (Wiborg-Rodriguez, T.) |
| Filing 27 NOTICE of Compliance by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc. re #26 Notice (Other) filed by Whirlpool Properties, Inc., Whirlpool Corporation, Maytag Properties, LLC (Wiborg-Rodriguez, T.) |
| Filing 26 PLAINTIFFS' NOTICE OF FILING BOND by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc. (blc) |
| Filing 25 Summons Issued as to all Defendants. (scn) |
| Filing 24 Sealed Document Notice of Filing Proposed Summonses re DE#20 Order on Motion to Seal, by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc.. (Attachments: #1 Summon(s)) (Wiborg-Rodriguez, T.) |
| Filing 23 Sealed Document re DE#20 Order on Motion to Seal, by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc.. (Attachments: #1 Schedule "A" to Plaintiffs' Amended Complaint for Damages and Injunctive Relief) (Wiborg-Rodriguez, T.) |
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Filing 22
ORDER on Plaintiffs' Renewed Ex Parte Application for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets: The #16 Application is hereby GRANTED. Preliminary Injunction Hearing set for 8/28/2025 4:00 PM in Miami Division before Judge Jacqueline Becerra. Signed by Judge Jacqueline Becerra on 8/20/2025. (scn)
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Filing 21
ORDER ON PLAINTIFFS' RENEWED EX PARTE MOTION FOR ORDER AUTHORIZING ALTERNATE SERVICE OF PROCESS ON DEFENDANTS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(f)(3): Granting #17 Plaintiffs' Ex Parte Motion. Signed by Judge Jacqueline Becerra on 8/20/2025. (scn)
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Filing 20
ORDER Granting Plaintiffs' #15 Motion to Seal. The Clerk is DIRECTED to maintain the Documents UNDER SEAL pending further order of the Court. Signed by Judge Jacqueline Becerra on 8/20/2025. See attached document for full details. (scn)
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| Filing 19 Notice of Ninety Days Expiring Regarding Docket Entries 15, 16, and 17 by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc. (Wiborg-Rodriguez, T.) |
| Filing 18 Plaintiff's NOTICE of Inability To Comply by Maytag Properties, LLC, Whirlpool Corporation, Whirlpool Properties, Inc. re 4 Order,,,,,,,,,,,,,,,,,,, (Wiborg-Rodriguez, T.) |
| Filing 17 Renewed 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 Whirlpool Corporation, Whirlpool Properties, Inc., Maytag Properties, LLC. (Attachments: #1 Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof, #2 Exhibit 1 to the Declaration of T. Raquel Wiborg-Rodriguez, #3 Exhibit 1 to the Declaration of T. Raquel Wiborg-Rodriguez, #4 Declaration of Kathleen Burns in Support Thereof, #5 Exhibit 1 to the Declaration of Kathleen Burns, #6 Text of Proposed Order) (Wiborg-Rodriguez, T.) |
| Filing 16 Renewed EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets Against Defendants and Memorandum of Law in Support Thereof by Whirlpool Corporation, Whirlpool Properties, Inc., Maytag Properties, LLC. (Attachments: #1 Declaration of Mark Graff in Support Thereof, #2 Exhibit 1 to the Declaration of Mark Graff, #3 Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof, #4 Declaration of Kathleen Burns in Support Thereof, #5 Exhibit 1, Part 1, to the Declaration of Kathleen Burns, #6 Exhibit 1, Part 2, to the Declaration of Kathleen Burns, #7 Exhibit 1, Part 3, to the Declaration of Kathleen Burns, #8 Exhibit 1, Part 4, to the Declaration of Kathleen Burns, #9 Text of Proposed Order) (Wiborg-Rodriguez, T.). Added MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction on 5/15/2025 (scn). |
| Filing 15 Renewed MOTION to Seal per Local Rule 5.4 by Whirlpool Corporation, Whirlpool Properties, Inc., Maytag Properties, LLC. (Attachments: #1 Text of Proposed Order) (Wiborg-Rodriguez, T.) |
| Filing 14 Plaintiff's RESPONSE to 11 Order,,,,,,,,,,,,,,,,,,,,,,,, by Whirlpool Corporation, Whirlpool Properties, Inc., Maytag Properties, LLC. (Wiborg-Rodriguez, T.) |
| Filing 13 AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by Whirlpool Corporation, Maytag Properties, LLC, Whirlpool Properties, Inc.. (Attachments: #1 Exhibit 1 to Amended Complaint - Certificates of Registration for the Whirlpool Trademarks, #2 Exhibit 2 to Amended Complaint - Certificates of Registration for the Maytag Trademark)(Gaffigan, Stephen) |
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Filing 11
PAPERLESS ORDER REGARDING PROCEDURES IN SCHEDULE "A" CAUSES OF ACTIONSERVICE: 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. Any motion for alternate service upon Defendants must state what methods Plaintiff has undertaken to effectuate service. A motion for alternate service will not be granted where a plaintiff does not provide evidence or affidavits to show what efforts Plaintiff has undertaken to determine whether the addresses it has on file for each Defendant are actually associated with each Defendant. See, e.g., Zuru (Singapore) Pte., Ltd. v. Individuals Identified on Schedule A Hereto, No. 22-2483, 2022 WL 14872617, at *2 (S.D.N.Y. Oct. 26, 2022) (finding alternative process under Rule 4(f)(3) proper where plaintiff "conducted further online research, sent mail to the addresses, and conducted in-person visits" to determine whether physical addresses provided by Amazon were accurate). Further, any motion for alternate service effectuated upon a foreign defendant pursuant to Rule 4(f)(3) of the Federal Rules of Civil Procedure must detail: (1) the proposed method of service for each Defendant; (2) the domicile of each Defendant; (3) what reasonable efforts were undertaken to discover each Defendant's domicile; and (4) whether the form of alternate service requested is permitted by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents given each Defendant's domicile. MOTIONS FOR TEMPORARY RESTRAINING ORDER: Any motion for entry of temporary restraining order or for entry of preliminary injunction must include a verified certification from counsel detailing steps Plaintiff has taken to verify that this Court has personal jurisdiction over each Defendant. See Meier ex rel. Meier v. Sun Int'l Hotels, Ltd., 288 F.3d 1264, 1268-69 (11th Cir. 2002) ("The plaintiff has the burden of establishing a prima facie case of personal jurisdiction over a nonresident defendant."). Plaintiff must sufficiently allege this Court's jurisdiction over each Defendant pursuant to Florida Statutes 48.193(1)(a)(1)-(2) and 48.193(1)(a)(6), or, in the alternative, Rule 4(k) of the Federal Rules of Civil Procedure. Any motion for entry of temporary restraining order or for entry of preliminary injunction must include or incorporate allegations that show: "(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that the entry of the relief would serve the public interest," and establish entitlement to relief with regard to each Defendant. Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005); see also Levi Strauss & Co. v. Sunrise Int'l. Trading Inc., 51 F.3d 982, 985 (11th Cir. 1995). Additionally, if a motion requests entry of a temporary restraining order without notice to the adverse party or parties, the motion must also plead "specific facts in an affidavit or a verified complaint" 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," and the movant's attorney must certify "in writing any efforts made to give notice and the reasons why it should not be required." FED. R. CIV. P. 65(b)(1). CERTIFICATION REGARDING PRIOR SUITS: Within FIVE (5) days of the date of this Order, counsel for Plaintiff shall file a verified response to this Order, which must include whether counsel has conducted a search of case filings in the records of the Clerk of the United States District Court for all districts to ascertain whether Defendants have ever been sued prior to the filing of this suit for any alleged violations of Plaintiff's intellectual property rights. If counsel did not conduct such a search prior to the filing of this lawsuit, counsel shall conduct that search prior to responding to this Order and indicate the results of that search in a verified response. If there has been a prior suit, counsel shall include in the verified response information about the present status of that litigation, if it is pending, and, if not pending, the nature of the disposition (e.g., settlement, dismissal, or other disposition). FILING UNDER SEAL AND/OR TO PROCEED ANONYMOUSLY: Motions to file documents under seal or to proceed anonymously or pseudonymously in these cases are disfavored by the Court. See Landmark Commc'ns, Inc. v. Virginia, 435 U.S. 829, 839 (1978) ("The operations of the courts and the judicial conduct of judges are matters of utmost public concern."); Chicago Trib. Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311 (11th Cir. 2001) ("The common-law right of access to judicial proceedings, an essential component of our system of justice, is instrumental in securing the integrity of the process."); Doe v. Frank, 951 F.2d 320, 323 (11th Cir. 1992) ("It is the exceptional case in which a plaintiff may proceed under a fictitious name."). Accordingly, any such motions shall be denied with leave to refile only after all the requirements of this Order have been complied with and only once the exceptional circumstances required to grant such a motion have been shown. Signed by Judge Jacqueline Becerra on 5/9/2025. (cfz)
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| SYSTEM ENTRY - Docket Entry 12 [order] restricted/sealed until further notice. (cds) |
| SYSTEM ENTRY - Docket Entry 10 [motion] restricted/sealed until further notice. (1336528) |
| SYSTEM ENTRY - Docket Entry 9 [motion] restricted/sealed until further notice. (1336528) |
| Filing 8 Notice of NO Pending, Refiled, Related or Similar Actions by Whirlpool Corporation, Whirlpool Properties, Inc., Maytag Properties, LLC (Wiborg-Rodriguez, T.) |
| Filing 7 Plaintiff's MOTION to Seal per Local Rule 5.4 by Whirlpool Corporation, Whirlpool Properties, Inc., Maytag Properties, LLC. (Attachments: #1 Text of Proposed Order) (Wiborg-Rodriguez, T.) |
| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Whirlpool Corporation, Whirlpool Properties, Inc., Maytag Properties, LLC identifying Corporate Parent Whirlpool International Holdings S.a.r.l., Corporate Parent KitchenAid Delaware, Inc., Corporate Parent 1900 Holdings Corporation, Corporate Parent Whirlpool Holdings Corporation for Maytag Properties, LLC (Wiborg-Rodriguez, T.) |
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Filing 5
PAPERLESS ORDER REQUIRING NOTICE OF RELATED ACTION. Plaintiff shall file a Notice of Related Action by May, 7, 2025 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 4/30/2025. (cfz)
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Filing 4
PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 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 Plaintiff(s) 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 a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 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 must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date 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 are in agreement as to the relief sought in the motion. 6. EXTENSIONS OF TIME: 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; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 4/30/2025. (cfz)
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| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (blc) |
| 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. (blc) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18410350, filed by Whirlpool Corporation, Maytag Properties, LLC, Whirlpool Properties, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint - Certificates of Registration for the Whirlpool Trademarks, #3 Exhibit 2 to Complaint - Certificates of Registration for the Maytag Trademarks)(Gaffigan, Stephen) |
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